Extension of the Attainment Date and Determination of Attainment by the Attainment Date of the Uinta Basin Marginal Nonattainment Area Under the 2015 Ozone National Ambient Air Quality Standards, 25223-25229 [2024-07501]
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Proposed Rules
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
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 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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
Colorado did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
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analysis and did not consider EJ in this
action. Consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goal of
Executive Order 12898 of achieving
environmental justice for people of
color, low-income populations, and
Indigenous peoples.
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: April 2, 2024.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2024–07584 Filed 4–9–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2024–0001; FRL–11838–
01–R8]
Extension of the Attainment Date and
Determination of Attainment by the
Attainment Date of the Uinta Basin
Marginal Nonattainment Area Under
the 2015 Ozone National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA or Agency) is proposing
two Clean Air Act (CAA) actions related
to the attainment date for the Uinta
Basin (Basin), Utah Marginal
nonattainment area under the 2015
Ozone National Ambient Air Quality
Standards (NAAQS). First, the Agency
is proposing to grant a second 1-year
extension of the attainment date for the
area. This action would extend the
Marginal area attainment date for this
area from August 3, 2022, to August 3,
2023. Second, the Agency is proposing
to determine that the area attained the
standard by the extended attainment
date of August 3, 2023, based on
certified ozone monitoring data from
2020–2022. This action, if finalized, will
fulfill the EPA’s statutory obligation to
determine whether the Uinta Basin
Marginal ozone nonattainment area
attained the NAAQS by the attainment
SUMMARY:
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date through publication in the Federal
Register.
Written comments must be
received on or before May 10, 2024.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2024–0001, to the Federal
Rulemaking Portal:
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.
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 be publicly
available only in hard copy. Publicly
available docket materials are available
electronically in 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Amanda Brimmer, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129, (303)
312–6323, brimmer.amanda@epa.gov.
In this
document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean
the EPA.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Proposed Rules
Overview and Basis of Proposal
A. Overview of Proposal
Under CAA section 181(b)(2), the EPA
is required to determine whether areas
designated as nonattainment for an
ozone NAAQS attain the standard by
the applicable attainment date, and to
take certain steps for areas that fail to
attain. Because the ozone NAAQS is a
concentration-based standard, a
determination of attainment is based on
a nonattainment area’s design value
(DV) as of the attainment date.1 In this
proposal the EPA is addressing the 2015
ozone NAAQS.2
On March 29, 2021, the State of Utah
requested a 1-year extension of the
Marginal attainment date for the Uinta
Basin. The Ute Indian Tribe (UIT)
subsequently requested an extension on
May 25, 2021. Based on EPA’s
evaluation, the criteria for an attainment
date extension had been met, and in
October 2022, EPA granted the
extension, making the new attainment
date August 3, 2022.3 On March 29,
2022, the State of Utah requested a
second one-year extension of the
Marginal attainment date for the Uinta
Basin nonattainment area, which would
extend the attainment date to August 3,
2023.4 On December 20, 2022, the UIT
also requested a second one-year
extension.
Under the EPA regulations at 40 CFR
part 50, appendix U, the 2015 ozone
NAAQS is attained at a site when the 3year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone concentration
(i.e., DV) does not exceed 0.070 ppm.
When the DV does not exceed 0.070
ppm at each ambient air quality
monitoring site within the area, the area
is deemed to be attaining the ozone
NAAQS. For this area, which is
classified as Marginal nonattainment for
the 2015 ozone NAAQS, the attainment
date was August 3, 2022, and the
proposed extended attainment date
would be August 3, 2023. Because the
DV is based on the three most recent,
complete calendar years of data,
attainment must occur no later than
December 31 of the year before the
attainment date. Therefore, in light of
our proposed extension of the
attainment date, the proposed
determination of attainment is based
upon the complete, quality-assured, and
certified ozone monitoring data from
calendar years 2019 through 2022. Table
1 provides a summary of the DVs and
the EPA’s proposed air quality-based
determinations for the area addressed in
this action. While the 2019–2021 DV
does not show attainment, the two-year
average of 2020–2021 qualifies the
region for a second 1-year attainment
date extension.5 Based on the 2020–
2022 DV, the region did not exceed
0.070 ppm, and EPA proposes to find
that the area attained by the proposed
new attainment date.
TABLE 1—UINTA BASIN 2015 OZONE NAAQS MARGINAL NONATTAINMENT AREA EVALUATION SUMMARY 6
2019–2021 DV
(ppm)
2020–2021
average 4th
highest daily
maximum 8-hr
average
(ppm)
Area failed to attain 2015 NAAQS but
state requested 2nd 1-year attainment
date extension based on average
2020–2021 4th highest daily maximum
8-hr average ≤0.070 ppm
2020–2022 DV
(ppm)
0.078
0.069
Yes ........................................................
0.067
Yes.
On October 26, 2015, the EPA issued
a final action revising the NAAQS for
ozone, establishing new and more
stringent primary and secondary 8-hour
standards of 0.070 ppm.7 Effective
August 3, 2018, the EPA designated 52
areas throughout the country as
nonattainment for the 2015 ozone
NAAQS, including the Uinta Basin.8 In
a separate action, the EPA assigned
classification thresholds and attainment
dates based on the severity of an area’s
ozone problem, determined by the area’s
DV.9 The EPA established the
attainment date for Marginal 2015 ozone
NAAQS nonattainment areas as 3 years
from the effective date of the final
designations, meaning that the Uinta
Basin Marginal nonattainment area had
an attainment date of August 3, 2021.
The area did not attain the 2015 ozone
NAAQS by the Marginal area attainment
date of August 3, 2021, based on its final
2018–2020 DV of 0.076 ppm. However,
the area did meet the criteria under 40
CFR 51.1307(a)(1) for an initial 1-year
extension, with an attainment year
(2020) fourth highest daily maximum 8hour average concentration of 0.066
ppm. Certified ozone monitoring data
for 2021 showed that the area did not
attain the 2015 ozone NAAQS by the
extended attainment date of August 3,
2022, based on its final 2019–2021 DV
1 A design value is a statistic used to compare
data collected at an ambient air quality monitoring
site to the applicable NAAQS to determine
compliance with the standard. The DV for the 2015
ozone NAAQS is the 3-year average of the annual
fourth highest daily maximum 8-hour average
ozone concentration. The DV is calculated for each
air quality monitor in an area, and the DV for an
area is the highest DV among the individual
monitoring sites located in the area.
2 Because the 2015 primary and secondary
NAAQS for ozone are identical, for convenience,
the EPA refers to them in the singular as ‘‘the 2015
ozone NAAQS’’ or as ‘‘the standard.’’
3 See Final rule, Determinations of Attainment by
the Attainment Date (DAAD), Extensions of the
Attainment Date, and Reclassification of Areas
Classified as Marginal for the 2015 Ozone National
Ambient Air Quality Standards, 87 FR 60897 (Oct.
7, 2022).
4 See letter dated March 30, 2022, from Utah
Department of Environmental Quality (UDEQ)
Executive Director Kim Shelley to U.S. EPA Region
8 Regional Administrator KC Becker; and letter
dated December 20, 2022, from Ute Indian Tribe
Chairman Shaun Chapoose to U.S. EPA Region 8
Regional Administrator KC Becker.
5 To qualify for a second 1-year extension, an
area’s fourth highest daily maximum 8-hour value,
averaged over both the original attainment year and
the first extension year, must be 0.070 ppm or less
(40 CFR 51.1307(a)(2)). As of July 18, 2022, the
Uinta Basin area’s certified 2020 and 2021 ozone
data show that the maximum two-year average
design value for 2020–2021 is 0.069 ppm. This is
based on 2020 and 2021 ozone values at the two
key monitors in the region (AQS Site 490472002
which had fourth highest daily maximum 8-hour
value for 2020 at 0.066 ppm, and AQS Site
490472003 which had fourth highest daily
maximum 8-hour value for 2021 at 0.072 ppm,
which averaged is 0.069 ppm.).
6 The 1st through 4th highest 8-hour average
ozone concentrations at each monitor for each year
can be found at EPA’s Outdoor Air Quality Data,
Monitor Values Report, https://www.epa.gov/
outdoor-air-quality-data/monitor-values-report.
These are AirData reports are produced from a
direct query of the Air Quality System (AQS) Data
Mart. The data represent the best and most recent
information available to EPA from state agencies.
However, some values may be absent due to
incomplete reporting, and some values may change
due to quality assurance activities. The AQS
database is updated by state, local, and tribal
organizations who own and submit the data.
7 See Final Rule, National Ambient Air Quality
Standards for Ozone, 80 FR 65452.
8 See Final Rule, Additional Air Quality
Designations for the 2015 Ozone National Ambient
Air Quality Standards, 83 FR 25776 (June 4, 2018).
9 See Final Rule, Implementation of the 2015
National Ambient Air Quality Standards for Ozone:
Nonattainment Area Classifications Approach, 83
FR 10376 (May 8, 2018).
B. What is the background for the
proposed actions?
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2015 NAAQS attained by the 2nd
1-year attainment date extension
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Proposed Rules
of 0.078 ppm, but it does qualify for a
second 1-year extension with a two-year
average fourth highest daily maximum
8-hour concentration of 0.069 ppm for
the years 2020 and 2021.10
Additionally, certified data through
December 31, 2022, shows that the
three-year average for 2020–2022 is
0.067 ppm, which is considered
attaining the 2015 ozone NAAQS (see
25225
Table 2). Therefore, EPA proposes to
determine that the region attained the
NAAQS by the proposed attainment
date of August 3, 2023.
TABLE 2—OZONE MONITORING VALUES FOR DUCHESNE AND UINTAH COUNTIES, UTAH
4th Highest daily max (ppm) 11
AQS Site ID
2019
Max 4th Max ................
Duchesne County:
490130002 ............
490137011 ............
Uintah County:
490471002 ............
490471004 ............
490472002 ............
490472003 ............
490477022 ............
A Basis
B Basis
C Basis
2020
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Average
2019–2021
2022
Average
2020–2022
0.098
A 0.066
0.072
B 0.069
0.078
0.066
C 0.067
0.087
0.079
0.063
0.064
0.072
0.069
........................
........................
0.074
0.070
0.066
0.066
0.067
0.066
0.070
0.065
0.074
0.098
0.067
0.063
0.063
0.066
0.065
0.065
0.068
0.068
0.071
0.072
0.068
........................
........................
........................
........................
........................
0.067
0.065
0.070
0.078
0.066
0.063
0.063
0.062
0.064
0.062
0.064
0.064
0.066
0.067
0.065
for 1st 1-year extension (CAA section 181(a)(5) and 40 CFR 51.1307(a)(1)).
for 2nd 1-year extension (CAA section 181(a)(5) and 40 CFR 51.1307(a)(2)).
for DAAD (181(b)(2)(A) of the CAA and 40 CFR 51.1303).
C. What is the statutory authority for the
proposed actions?
The statutory authority for the actions
proposed in this document is provided
by the CAA, as amended (42 U.S.C.
7401 et seq.). CAA section 107(d)
provides that when the EPA establishes
or revises a NAAQS, the agency must
designate areas of the country as
nonattainment, attainment, or
unclassifiable based on whether an area
is not meeting (or is contributing to air
quality in a nearby area that is not
meeting) the NAAQS, meeting the
NAAQS, or cannot be classified as
meeting or not meeting the NAAQS,
respectively. Subpart 2 of part D of title
I of the CAA governs the classification,
state planning, and emissions control
requirements for any areas designated as
nonattainment for a revised primary
ozone NAAQS. In particular, CAA
section 181(a)(1) requires each area
designated as nonattainment for a
revised ozone NAAQS to be classified at
the same time as the area is designated.
Classifications for ozone nonattainment
areas are based on the extent of the
ozone problem in the area (as
determined based on the area’s DV) and
range from ‘‘Marginal’’ to ‘‘Extreme.’’
CAA section 182 provides the specific
attainment planning and additional
requirements that apply to each ozone
nonattainment area based on its
classification. CAA section 182, as
interpreted by the EPA’s implementing
regulations at 40 CFR 51.1308 through
51.1317, also establishes the timeframes
by which air agencies must submit and
10 See
Average
2020–2021
2021
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implement State Implementation Plan
(SIP) revisions to satisfy the applicable
attainment planning elements, and the
timeframes by which nonattainment
areas must attain the 2015 ozone
NAAQS.
CAA section 181(b)(2)(A) provides
that, within 6 months following the
applicable attainment date, the EPA
must determine whether an ozone
nonattainment area attained the ozone
standard based on the area’s DV as of
that date. If an area fails to attain the
ozone NAAQS by the applicable
attainment date and is not granted a 1year attainment date extension, CAA
section 181(b)(2)(A) requires the EPA to
make the determination that an ozone
nonattainment area failed to attain the
ozone standard by the applicable
attainment date, and requires the area to
be reclassified by operation of law to the
higher of: (1) the next higher
classification for the area, or (2) the
classification applicable to the area’s DV
as of the determination of failure to
attain. Per CAA section 181(a)(5), upon
application by any state, the EPA may
grant a 1-year extension of the
attainment date for qualifying areas
(Section II.A of this notice).
D. How does the EPA determine whether
an area is eligible for a second
attainment date extension?
Section 181(a)(5) of the CAA gives the
EPA the discretion (‘‘the Administrator
may’’) to extend an area’s applicable
attainment date by one additional year
upon application by any state if the state
meets the two criteria under CAA
11 See
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section 181(a)(5). See also 40 CFR
51.1307. This section is intended to
provide flexibility where an area is close
to achieving attainment and can likely
do so with a bit more time. Rather than
require an area to attain the NAAQS by
a first extended attainment date, the
provision expressly allows for a
maximum of two 1-year extensions for
a single area.
The first criterion is that the State
must have complied with all
requirements and commitments
pertaining to the area in the applicable
implementation plan. Second, and
specifically related to a second 1-year
extension, the area’s 4th highest daily
maximum 8-hour value, averaged over
both the original attainment year and
the first extension year, must be no
greater than the level of that NAAQS.
The first criterion is satisfied if a state
can demonstrate that it is in compliance
with its approved implementation plan.
See Delaware Dept. of Nat. Resources
and Envtl. Control v. EPA, 895 F.3d 90,
101 (D.C. Cir. 2018) (holding that the
CAA requires only that an applying
state with jurisdiction over a
nonattainment area comply with the
requirements in its applicable SIP, not
every requirement of the Act). A state
may meet this requirement by certifying
its compliance, and in the absence of
such certification, the EPA may
determine whether the criterion has
been met. See Delaware, 895 F.3d at
101–102.
With respect to the second criterion,
for the 2015 ozone NAAQS the EPA has
interpreted the air quality criterion of
footnote 5.
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CAA section 181(a)(5)(B) to mean that
an area’s 4th highest daily maximum 8hour value, averaged over both the
original attainment year and the first
extension year, must be no greater than
0.070 ppm. Utah certified that both
criteria have been met in their second
extension request.12
E. How does the EPA determine whether
an area has attained the 2015 ozone
standard?
The 2015 ozone NAAQS is attained
for an area when the 3-year average of
the annual fourth highest daily
maximum 8-hour average ambient air
quality ozone concentration (i.e., DV) at
each monitoring site in the area does not
exceed 0.070 ppm. See 40 CFR part 50,
appendix U.
The EPA’s determination of
attainment is based upon data that have
been collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA’s Air Quality
System (AQS) database.13 Ambient air
quality monitoring data for the 3-year
period preceding the year of the
attainment date (2020–2022 for the
Uinta Basin 2015 ozone NAAQS
Marginal area, after the granting of the
second 1-year extension) must meet the
data completeness requirements in
Appendix U, section 4(b). These
completeness requirements are met for
the 3-year period at a monitoring site if
daily maximum 8-hour average
concentrations of ozone are available for
at least 90 percent of the days within the
ozone monitoring season, on average,
for the 3-year period, and no single year
has less than 75 percent data
completeness. Monitors in the NWF
nonattainment area have met this
requirement.
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II. What is the EPA proposing and what
is the rationale?
The EPA evaluated air quality
monitoring data submitted by the
appropriate state and tribal air agencies
to determine the attainment status. The
area failed to attain the 2015 ozone
12 See letter dated March 30, 2022, from Utah
Department of Environmental Quality (UDEQ)
Executive Director Kim Shelley to U.S. EPA Region
8 Regional Administrator KC Becker.
13 The EPA maintains the AQS, a database that
contains ambient air pollution data collected by the
EPA, state, local, and tribal air pollution control
agencies. The AQS also contains meteorological
data, descriptive information about each monitoring
station (including its geographic location and its
operator) and data quality assurance/quality control
information. The AQS data is used to (1) assess air
quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for non-attainment
areas, (4) perform modeling for permit review
analysis, and (5) prepare reports for Congress as
mandated by the CAA. See https://www.epa.gov/
aqs.
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NAAQS by the extended attainment
date of August 3, 2022, but is eligible for
a second 1-year attainment date
extension under CAA section 181(a)(5)
and 40 CFR 51.1307. We are now
proposing to grant a requested second 1year attainment date extension and to
determine, in accordance with CAA
section 181(b)(2)(A) and 40 CFR
51.1303, that the area attained the 2015
ozone NAAQS by the proposed
extended Marginal area attainment date
of August 3, 2023, based on the area’s
2020–2022 DV (Table 1). This section
describes the determinations and
actions being proposed in this
document.
A. Extension of Marginal Area
Attainment Date
In a letter dated March 29, 2022, the
Utah Division of Air Quality (UDAQ)
requested an extension of the Uinta
Basin area Marginal area attainment
date. In addition, the UIT requested an
extension in a letter dated December 20,
2022. The information presented by the
state in their request demonstrates that
the area meets the two necessary
statutory criteria for the second 1-year
extension under CAA section 181(a)(5).
Further, we have found no compelling
countervailing facts or circumstances
that would cause the agency to exercise
its discretion to deny the request
notwithstanding the state’s
demonstration. UDAQ has certified that
they have complied with all
requirements and commitments
pertaining to this area in their approved
implementation plan and monitoring
data completeness. On February 1, 2022,
EPA approved that the Emission
Statement Rule and the Nonattainment
New Source Review Requirements had
been met through SIP submittals and
that Utah had met all the requirements
for its Marginal NAAs under the 2015 8hour ozone NAAQS.14 The 2017 Base
Year Inventory Marginal NAA
requirement was met through EPA
approval on July 6, 2021.15 For these
reasons, the EPA proposes to grant the
requested 1-year extension of the
14 See Final rule, Approval and Promulgation of
Implementation Plans; Utah; Emissions Statement
Rule and Nonattainment New Source Review
Requirements for the 2015 8-Hour Ozone National
Ambient Air Quality Standard for the Uinta Basin,
Northern Wasatch Front and Southern Wasatch
Front Nonattainment Areas, 87 FR 24273 (April 25,
2022).
15 See Final rule, 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 35404 (July 6,
2021).
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August 3, 2022, Marginal area
attainment date for the Uinta Basin area.
If this proposal is finalized, on the
effective date of the final action, the
attainment date for the Uinta Basin area
will be extended from August 3, 2022,
to August 3, 2023. The EPA solicits
comments on this proposal to grant the
requested second 1-year attainment date
extension for the Uinta Basin Marginal
ozone nonattainment area, and whether
there are any particular circumstances,
such as disproportionate environmental
exposure or burdens, that the EPA
should consider before granting the
request.
B. Determination of Attainment by the
Attainment Date
Along with proposing to grant a
second 1-year attainment date
extension, in this rulemaking we are
proposing to determine that, in
accordance with CAA section 181(b)(2),
the Uinta Basin Marginal ozone
nonattainment area attained the 2015
ozone NAAQS by the extended
Marginal area attainment date of August
3, 2023, based on the 2020–2022 DV
(see Table 1). See also 40 CFR 51.1303.
The EPA requests comment on the
proposed determination of attainment
by the proposed attainment date.
This proposed determination of
attainment by the attainment date does
not constitute formal redesignation to
attainment as provided for under CAA
section 107(d)(3).
C. Additional Information
As part of this rulemaking, EPA
acknowledges that preliminary ozone
monitoring data indicate that in early
2023, the region experienced
excessively high ozone values. While
this data was not determinative in
proposing to grant the 2nd extended
attainment date, it does show that there
continue to be periods of high ozone
levels in the Basin. Addressing the
continuing ozone problem will require
continued efforts and steady
commitments from state, local, federal,
tribal, and industry partners to reduce
precursor emissions in the region. The
following sections (see i through iv
below) provide additional information
on reductions EPA expects will
significantly mitigate exceedances in the
area.
i. Air Quality Trends
The Uinta Basin nonattainment area
has a unique ozone problem, in that it
primarily occurs during the wintertime,
instead of during the summertime as is
seen in most other ozone nonattainment
areas. Accordingly, in the Uinta Basin
violating ozone concentrations are
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driven by stagnant winter conditions
associated with snow cover and strong
temperature inversions, which directly
result in increased ozone production
due to accumulated local ozone
precursor emissions from oil and gas
sources in the Basin.
The CAA mandates that the EPA
determine whether an area attained the
NAAQS solely on the basis of the area’s
DV as of the attainment date, CAA
section 181(b)(2)(A), and does not
permit the EPA to consider in making
that determination how the area
attained or whether the area will
continue to attain in making that
determination. Therefore, we did not
consider other factors, such as
documented reductions in emissions of
ozone precursors and demonstrations
that enforceable controls achieved
attainment, in determining whether the
area attained by the proposed
attainment date.
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ii. U&O Federal Implementation Plan
(FIP) for Managing Emissions From Oil
and Gas Sources on Indian Country
In developing this proposal, we also
considered the impact of the recently
finalized FIP for Managing Emissions
from Oil and Natural Gas Sources on
Indian Country Lands within the Uintah
and Ouray Indian Reservation in Utah
(U&O FIP).16 The U&O FIP requires
new, modified, and existing oil and
natural gas sources on Indian country
lands within the U&O Reservation to
implement new control requirements.
While the FIP was not specifically
designed to bring the area into
attainment of the 2015 ozone NAAQS,
the EPA expects these emission limits to
significantly reduce ozone precursor
emissions and improve air quality in the
area. Most volatile organic compounds
(VOC) emissions within the Basin are
from existing oil and gas activity, and
most of those oil and gas emissions are
from existing sources on the U&O
Indian Reservation and in the
nonattainment area. Before the
promulgation of the U&O FIP, VOC
emissions control requirements for
existing oil and gas sources were in
place in areas of the Uinta Basin under
the State of Utah’s jurisdiction, but not
in the Indian country areas of the U&O
Indian Reservation, leaving sources in a
16 Federal Implementation Plan for Managing
Emissions From Oil and Natural Gas Sources on
Indian Country Lands Within the Uintah and Ouray
Indian Reservation in Utah, Final Rule, see 87 FR
75334 (Dec. 8, 2022); see also Federal
Implementation Plan for Managing Emissions From
Oil and Natural Gas Sources on Indian Country
Lands Within the Uintah and Ouray Indian
Reservation in Utah, Proposed Rule, 85 FR 3492
(Jan. 21, 2020); at 87 FR 21842, 21848 (April 13,
2022) (discussing U&O FIP proposal).
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large portion of the U&O Basin largely
uncontrolled. With the ongoing
implementation of the U&O FIP, we
expect the new control requirements to
make a meaningful improvement in air
quality and assist in addressing winter
ozone exceedances on the Reservation,
and in the nonattainment area and
larger Uinta Basin region.
iii. Voluntary Measures
In a letter dated May 30, 2023, the
UIT provided supplemental information
to EPA on voluntary efforts to reduce oil
and gas emissions from sources on the
U&O Reservation.17 The letter
highlighted efforts by operators in the
Basin to identify and mitigate emissions
leaks from operations. Efforts included
voluntary leak detection and repair
(LDAR) inspections, controlling tank
vapor, replacement and retrofitting of
pneumatic pumps, aerial methane
surveying, converting compressors from
natural gas to line-electric or solarelectric power, using non-emitting
pneumatic devices at new well pads,
and redesigning compressor stations to
reduce emissions.
Another initiative taking place in this
nonattainment area is the Winter Ozone
Alert Program, run by Utah State
University Bingham Research Center.
Initiated in 2017, the program provides
email alerts when ozone exceeding EPA
standards is forecasted for the Uinta
Basin. The purpose of these alerts is to
provide the oil and gas industry and
others with real-time information about
air quality in the Basin so they can take
voluntary action to reduce emissions of
ozone-forming pollutants.18
iv. Final Rule on Oil and Gas New
Standards and Emissions Guidelines
(OOOOb/c)
On March 8, 2024, the EPA finalized
new source performance standards and
emission guidelines for the crude oil
and natural gas source category under
CAA section 111, which codifies new
subparts OOOOb and OOOOc at 40 CFR
part 60.19 These rules are expected to
achieve significant emissions reductions
from both new, reconstructed, and
modified sources in addition to existing
oil and gas operations in the Basin as
well as across the nation.
17 See letter dated May 30, 2023, from Ute Indian
Tribe Business Committee Chairman, Julius T.
Murray, III to U.S. EPA Region 8 Enforcement and
Compliance Director, Suzanne Bohan.
18 Information on this program can be found at
https://www.usu.edu/binghamresearch/ozone-alert.
19 See Final rule, Standards of Performance for
New, Reconstructed, and Modified Sources and
Emissions Guidelines for Existing Sources: Oil and
Natural Gas Sector Climate Review, 89 FR 16820
(Mar. 8, 2024).
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25227
Under subpart OOOOb, EPA
established federal standards for new,
modified, and reconstructed sources.
Subpart OOOOb requires enhanced
LDAR at new, modified, and
reconstructed well sites, including
wellhead-only sites, and add options
that allow owners to use a wider
selection of methane detection
technologies to check for leaks. Subpart
OOOOc includes presumptive standards
to limit GHGs emissions (in the form of
methane limitations) from designated
facilities in the Crude Oil and Natural
Gas source category, as well as
requirements under the CAA section
111(d) for states to follow in developing,
submitting, and implementing state
plans to establish performance
standards. Subpart OOOOc defers to the
General Provision’s Implementing
Regulations under 40 CFR part 60
subpart Ba 20 for certain requirements,
such as the requirement for states to
conduct meaningful public engagement
during development of their existing
source plans.21 EPA is committed to
issuing a Federal Plan in a timely
manner to implement OOOOc in Indian
country and will continue to engage
with Tribal Nations and state partners
throughout this process.
III. Environmental Justice
Considerations
The CAA gives the EPA the discretion
to extend an area’s applicable
attainment date by one additional year
upon application by any state if the state
meets the two criteria under CAA
section 181(a)(5) (see Section I.D of this
notice). As part of the screening
analyses to evaluate whether
communities in the Uinta Basin area
may be exposed to disproportionate
pollution burdens as a result of this
proposed extension, we used
EJSCREEN, an EJ mapping and
screening tool that provides EPA with a
nationally consistent dataset and
approach for combining various
20 See
88 FR 80480 (November 17, 2023).
Ba requires as part of completeness
criteria in 40 CFR 60.27a(g) that states must submit,
with the plan or revision, documentation of
meaningful engagement including a list of
identified pertinent stakeholders and/or their
representatives, a summary of the engagement
conducted, a summary of stakeholder input
received, and a description of how stakeholder
input was considered in the development of the
plan or plan revisions. See 40 CFR 60.21a for the
definitions of meaningful engagement and pertinent
stakeholders. State plans submitted in accordance
with OOOOc that include provisions for Remaining
Useful Life and Other Factors (RULOF) must
comply with the subpart Ba general RULOF
provisions in 40 CFR 60.24a (see 40 CFR 60.20a(a),
which establishes applicability of subpart Ba
requirements to EG OOOOc). Further, EG OOOOc
does not supersede any requirement within subpart
Ba related to RULOF.
21 Subpart
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environmental and demographic
indicators.22 The EJSCREEN tool
presents these indicators at a Census
block group (CBG) level or a larger userspecified ‘‘buffer’’ area that covers
multiple CBGs.23 An individual CBG is
a cluster of contiguous blocks within the
same census tract and generally
contains between 600 and 3,000 people.
EJSCREEN is not a tool for performing
in-depth risk analysis but is instead a
screening tool that provides an initial
representation of indicators related to
EJ. We also examined ozone design
value data for the Uinta Basin area.24
With respect to the Uinta Basin, the
EPA conducted an EJSCREEN analysis
for the two counties (Duchesne and
Uintah) that encompass the entire Uinta
Basin nonattainment area. The results of
our screening analysis did not indicate
disproportionate exposure or burdens
with respect to the non-ozone
environmental indicators assessed in
EJSCREEN for the 2-county (Duchesne
and Uintah) area, or relative to the U.S.
as a whole.25
The EPA’s inquiry is consistent with
multiple executive orders addressing
environmental justice as well as an
April 7, 2021, directive by the EPA
Administrator.26 In that directive, the
22 The EJ SCREEN tool is available at
www.epa.gov/ejscreen.
23 See www.census.gov/programs-surveys/
geography/about/glossary.html.
24 The ozone metric in EJSCREEN represents the
summer seasonal average of daily maximum 8-hour
concentrations (parts per billion), and was not used
in our EJ analyses because this metric is not
informative of peak ozone concentrations for this
area, which are instead represented here by the
design value metric. Ozone design values are the
basis of attainment determinations in this proposed
action, and we consider it a more informative
indicator of pollution burden from ozone in the
Uinta Basin area.
25 EJSCREEN examines multiple environmental
indicators, including particulate matter, traffic
proximity and volume, lead paint in housing, and
proximity scores for Superfund, RMP and
hazardous waste facilities. The results of our
EJSCREEN analyses are in this docket (EPA–HQ–
OAR–2024–0001).
26 See Message from the EPA Administrator, Our
Commitment to Environmental Justice (April 7,
2021) at www.epa.gov/sites/production/files/2021–
04/documents/reganmessageoncommitmenttoenvironmentaljusticeapril072021.pdf; E.O. 13985, Executive Order on
Advancing Racial Equity and Support for
Underserved Communities Through the Federal
Government (January 20, 2021), available at
www.whitehouse.gov/briefing-room/presidentialactions/2021/01/20/executive-order-advancingracial-equity-and-support-for-underservedcommunities-through-the-federal-government/ and
86 FR 7009 (January 25, 2021)); E.O. 12898, Federal
Actions To Address Environmental Justice in
Minority Populations and Low-Income Populations
(February 11, 1994), available at www.epa.gov/sites/
production/files/2015-02/documents/exec_order_
12898.pdf and 59 FR 7629 (February 16, 1994));
E.O. 14096, Revitalizing Our Nation’s Commitment
to Environmental Justice for All, issued April 21,
2023, available at www.govinfo.gov/content/pkg/FR-
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Administrator instructed all EPA offices
to take immediate and affirmative steps
to incorporate EJ considerations into
their work, including assessing impacts
to pollution-burdened, underserved,
and Tribal communities in regulatory
development processes and considering
regulatory options to maximize benefits
to these communities.27
The EPA considered the information
described above in evaluating the
request for a second 1-year extension of
the Marginal attainment date, and we
propose to find that this information
does not weigh against our proposal to
grant the request.
IV. Tribal Consultation
In accordance with the EPA Policy on
Consultation and Coordination with
Indian Tribes, the EPA is offering an
opportunity to the UIT for consultation
during the public comment period on
this proposed EPA action (see Section
V.F of this notice).28
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
This action is exempt from review
under Executive Order 12866, as
amended by Executive Order 14094,
because it responds to the CAA
requirement to determine whether areas
designated nonattainment for an ozone
NAAQS attained the standard by the
applicable attainment date.
B. Paperwork Reduction Act (PRA)
This proposed rule does not impose
any new information collection burden
under the PRA not already approved by
the Office of Management and Budget.
This action proposes to: (1) Find that
this Marginal ozone nonattainment area
failed to attain the 2015 NAAQS by the
attainment date of Aug. 3, 2022; (2)
Determine that this area qualifies for a
second 1-year extension of the
attainment date; (3) Grant the request by
the State and Tribe to extend the
attainment date to Aug. 3, 2023; and (4)
2023-04-26/pdf/2023-08955.pdf and 88 FR 25251
(April 26, 2023).
27 The EPA has defined environmental justice as
‘‘the fair treatment and meaningful involvement of
all people regardless of race, color, national origin,
or income with respect to the development,
implementation and enforcement of environmental
laws, regulations and policies.’’ See www.epa.gov/
environmentaljustice/learn-about-environmentaljustice.
28 See EPA Policy on Consultation and
Coordination with Indian Tribes, May 4, 2011,
www.epa.gov/sites/default/files/2013-08/
documents/cons-and-coord-with-indian-tribespolicy.pdf.
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Determine that thist area attained the
standard by the new attainment date.
Thus, the proposed action does not
establish any new information
collection burden that has not already
been identified and approved in the
EPA’s information collection request.29
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. The proposed determination to
grant a 1-year attainment date extension
and the proposed determinations of
attainment by the proposed attainment
date for the 2015 ozone NAAQS do not
in and of themselves create any new
requirements beyond what is mandated
by the CAA. Instead, this rulemaking
only makes factual determinations, and
does not directly regulate any entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. The division of
responsibility between the Federal
Government and the states for purposes
of implementing the NAAQS is
established under the CAA.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action has tribal implications,
because it proposes actions that will
affect the ozone classification of a large
area of Indian country within the U&O
Reservation. However, it will neither
29 On April 30, 2018, the OMB approved EPA’s
request for renewal of the previously approved
information collection request (ICR). The renewed
request expired on April 30, 2021, 3 years after the
approval date (see OMB Control Number 2060–0695
and ICR Reference Number 201801–2060–003 for
EPA ICR No. 2347.03). On April 30, 2021, the OMB
published the final 30-day Notice (86 FR 22959) for
the ICR renewal titled ‘‘Implementation of the 8Hour National Ambient Air Quality Standards for
Ozone (Renewal)’’ (see OMB Control Number 2060–
0695 and ICR Reference No: 202104–2060–004 for
EPA ICR Number 2347.04). The ICR renewal is
pending OMB final approval.
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impose substantial direct compliance
costs on federally recognized tribal
governments, nor preempt tribal law.
The EPA consulted with tribal
officials under the EPA Policy on
Consultation and Coordination with
Indian Tribes early in the process of
developing this regulation to permit
them to have meaningful and timely
input into its development. A summary
of that consultation to date is provided
in the docket. See ‘‘Consultation with
the UIT.docx.’’ EPA intends to offer
further consultation to the UIT upon
signature of this proposal.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not establish an
environmental standard intended to
mitigate health or safety risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
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This action is not subject to Executive
Order 13211, because it is not a
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significant regulatory action under
Executive Order 12866.
I. National Technology Transfer
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and E.O.
14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
The EPA believes that the human
health and environmental conditions
existing prior to this action do not result
in disproportionate and adverse effects
on communities with EJ concerns. The
EPA believes that this action is not
likely to result in new disproportionate
and adverse effects on communities
with environmental justice concerns.
Documentation for this determination is
presented in Section II.A of this action,
‘‘Extension of Marginal Area Attainment
Date.’’ Supporting information is
described in Section III of this action,
‘‘Environmental Justice Considerations’’
and the relevant documents have been
placed in the public docket for this
action.
With respect to the determinations of
whether areas have attained the NAAQS
by the attainment date, the EPA has no
discretionary authority to address EJ in
these determinations. CAA section
181(b)(2)(A) directs that within 6
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25229
months following the applicable
attainment date, the Administrator shall
determine, based on the area’s design
value as of the attainment date, whether
the area attained the standard by that
date. Except for any Severe or Extreme
area, any area that the Administrator
finds has not attained the standard by
that date shall be reclassified by
operation of law to either the next
higher classification or the classification
applicable to the area’s design value. Id.
List of Subjects
40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 3, 2024.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2024–07501 Filed 4–9–24; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Proposed Rules]
[Pages 25223-25229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07501]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2024-0001; FRL-11838-01-R8]
Extension of the Attainment Date and Determination of Attainment
by the Attainment Date of the Uinta Basin Marginal Nonattainment Area
Under the 2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or Agency) is
proposing two Clean Air Act (CAA) actions related to the attainment
date for the Uinta Basin (Basin), Utah Marginal nonattainment area
under the 2015 Ozone National Ambient Air Quality Standards (NAAQS).
First, the Agency is proposing to grant a second 1-year extension of
the attainment date for the area. This action would extend the Marginal
area attainment date for this area from August 3, 2022, to August 3,
2023. Second, the Agency is proposing to determine that the area
attained the standard by the extended attainment date of August 3,
2023, based on certified ozone monitoring data from 2020-2022. This
action, if finalized, will fulfill the EPA's statutory obligation to
determine whether the Uinta Basin Marginal ozone nonattainment area
attained the NAAQS by the attainment date through publication in the
Federal Register.
DATES: Written comments must be received on or before May 10, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2024-0001, to the Federal Rulemaking Portal: 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.
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 be publicly available only in hard copy.
Publicly available docket materials are available electronically in
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: Amanda Brimmer, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, (303) 312-6323, [email protected].
SUPPLEMENTARY INFORMATION: In this document ``we,'' ``us,'' and ``our''
mean the EPA.
[[Page 25224]]
Overview and Basis of Proposal
A. Overview of Proposal
Under CAA section 181(b)(2), the EPA is required to determine
whether areas designated as nonattainment for an ozone NAAQS attain the
standard by the applicable attainment date, and to take certain steps
for areas that fail to attain. Because the ozone NAAQS is a
concentration-based standard, a determination of attainment is based on
a nonattainment area's design value (DV) as of the attainment date.\1\
In this proposal the EPA is addressing the 2015 ozone NAAQS.\2\
---------------------------------------------------------------------------
\1\ A design value is a statistic used to compare data collected
at an ambient air quality monitoring site to the applicable NAAQS to
determine compliance with the standard. The DV for the 2015 ozone
NAAQS is the 3-year average of the annual fourth highest daily
maximum 8-hour average ozone concentration. The DV is calculated for
each air quality monitor in an area, and the DV for an area is the
highest DV among the individual monitoring sites located in the
area.
\2\ Because the 2015 primary and secondary NAAQS for ozone are
identical, for convenience, the EPA refers to them in the singular
as ``the 2015 ozone NAAQS'' or as ``the standard.''
---------------------------------------------------------------------------
On March 29, 2021, the State of Utah requested a 1-year extension
of the Marginal attainment date for the Uinta Basin. The Ute Indian
Tribe (UIT) subsequently requested an extension on May 25, 2021. Based
on EPA's evaluation, the criteria for an attainment date extension had
been met, and in October 2022, EPA granted the extension, making the
new attainment date August 3, 2022.\3\ On March 29, 2022, the State of
Utah requested a second one-year extension of the Marginal attainment
date for the Uinta Basin nonattainment area, which would extend the
attainment date to August 3, 2023.\4\ On December 20, 2022, the UIT
also requested a second one-year extension.
---------------------------------------------------------------------------
\3\ See Final rule, Determinations of Attainment by the
Attainment Date (DAAD), Extensions of the Attainment Date, and
Reclassification of Areas Classified as Marginal for the 2015 Ozone
National Ambient Air Quality Standards, 87 FR 60897 (Oct. 7, 2022).
\4\ See letter dated March 30, 2022, from Utah Department of
Environmental Quality (UDEQ) Executive Director Kim Shelley to U.S.
EPA Region 8 Regional Administrator KC Becker; and letter dated
December 20, 2022, from Ute Indian Tribe Chairman Shaun Chapoose to
U.S. EPA Region 8 Regional Administrator KC Becker.
---------------------------------------------------------------------------
Under the EPA regulations at 40 CFR part 50, appendix U, the 2015
ozone NAAQS is attained at a site when the 3-year average of the annual
fourth highest daily maximum 8-hour average ambient air quality ozone
concentration (i.e., DV) does not exceed 0.070 ppm. When the DV does
not exceed 0.070 ppm at each ambient air quality monitoring site within
the area, the area is deemed to be attaining the ozone NAAQS. For this
area, which is classified as Marginal nonattainment for the 2015 ozone
NAAQS, the attainment date was August 3, 2022, and the proposed
extended attainment date would be August 3, 2023. Because the DV is
based on the three most recent, complete calendar years of data,
attainment must occur no later than December 31 of the year before the
attainment date. Therefore, in light of our proposed extension of the
attainment date, the proposed determination of attainment is based upon
the complete, quality-assured, and certified ozone monitoring data from
calendar years 2019 through 2022. Table 1 provides a summary of the DVs
and the EPA's proposed air quality-based determinations for the area
addressed in this action. While the 2019-2021 DV does not show
attainment, the two-year average of 2020-2021 qualifies the region for
a second 1-year attainment date extension.\5\ Based on the 2020-2022
DV, the region did not exceed 0.070 ppm, and EPA proposes to find that
the area attained by the proposed new attainment date.
---------------------------------------------------------------------------
\5\ To qualify for a second 1-year extension, an area's fourth
highest daily maximum 8-hour value, averaged over both the original
attainment year and the first extension year, must be 0.070 ppm or
less (40 CFR 51.1307(a)(2)). As of July 18, 2022, the Uinta Basin
area's certified 2020 and 2021 ozone data show that the maximum two-
year average design value for 2020-2021 is 0.069 ppm. This is based
on 2020 and 2021 ozone values at the two key monitors in the region
(AQS Site 490472002 which had fourth highest daily maximum 8-hour
value for 2020 at 0.066 ppm, and AQS Site 490472003 which had fourth
highest daily maximum 8-hour value for 2021 at 0.072 ppm, which
averaged is 0.069 ppm.).
Table 1--Uinta Basin 2015 Ozone NAAQS Marginal Nonattainment Area Evaluation Summary \6\
----------------------------------------------------------------------------------------------------------------
Area failed to attain
2015 NAAQS but state
2020-2021 average requested 2nd 1-year
4th highest daily attainment date extension 2015 NAAQS attained by
2019-2021 DV (ppm) maximum 8-hr based on average 2020- 2020-2022 DV (ppm) the 2nd 1-year attainment
average (ppm) 2021 4th highest daily date extension
maximum 8-hr average
<=0.070 ppm
----------------------------------------------------------------------------------------------------------------
0.078 0.069 Yes...................... 0.067 Yes.
----------------------------------------------------------------------------------------------------------------
B. What is the background for the proposed actions?
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\6\ The 1st through 4th highest 8-hour average ozone
concentrations at each monitor for each year can be found at EPA's
Outdoor Air Quality Data, Monitor Values Report, https://www.epa.gov/outdoor-air-quality-data/monitor-values-report. These
are AirData reports are produced from a direct query of the Air
Quality System (AQS) Data Mart. The data represent the best and most
recent information available to EPA from state agencies. However,
some values may be absent due to incomplete reporting, and some
values may change due to quality assurance activities. The AQS
database is updated by state, local, and tribal organizations who
own and submit the data.
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On October 26, 2015, the EPA issued a final action revising the
NAAQS for ozone, establishing new and more stringent primary and
secondary 8-hour standards of 0.070 ppm.\7\ Effective August 3, 2018,
the EPA designated 52 areas throughout the country as nonattainment for
the 2015 ozone NAAQS, including the Uinta Basin.\8\ In a separate
action, the EPA assigned classification thresholds and attainment dates
based on the severity of an area's ozone problem, determined by the
area's DV.\9\ The EPA established the attainment date for Marginal 2015
ozone NAAQS nonattainment areas as 3 years from the effective date of
the final designations, meaning that the Uinta Basin Marginal
nonattainment area had an attainment date of August 3, 2021.
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\7\ See Final Rule, National Ambient Air Quality Standards for
Ozone, 80 FR 65452.
\8\ See Final Rule, Additional Air Quality Designations for the
2015 Ozone National Ambient Air Quality Standards, 83 FR 25776 (June
4, 2018).
\9\ See Final Rule, Implementation of the 2015 National Ambient
Air Quality Standards for Ozone: Nonattainment Area Classifications
Approach, 83 FR 10376 (May 8, 2018).
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The area did not attain the 2015 ozone NAAQS by the Marginal area
attainment date of August 3, 2021, based on its final 2018-2020 DV of
0.076 ppm. However, the area did meet the criteria under 40 CFR
51.1307(a)(1) for an initial 1-year extension, with an attainment year
(2020) fourth highest daily maximum 8-hour average concentration of
0.066 ppm. Certified ozone monitoring data for 2021 showed that the
area did not attain the 2015 ozone NAAQS by the extended attainment
date of August 3, 2022, based on its final 2019-2021 DV
[[Page 25225]]
of 0.078 ppm, but it does qualify for a second 1-year extension with a
two-year average fourth highest daily maximum 8-hour concentration of
0.069 ppm for the years 2020 and 2021.\10\ Additionally, certified data
through December 31, 2022, shows that the three-year average for 2020-
2022 is 0.067 ppm, which is considered attaining the 2015 ozone NAAQS
(see Table 2). Therefore, EPA proposes to determine that the region
attained the NAAQS by the proposed attainment date of August 3, 2023.
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\10\ See footnote 5.
Table 2--Ozone Monitoring Values for Duchesne and Uintah Counties, Utah
--------------------------------------------------------------------------------------------------------------------------------------------------------
4th Highest daily max (ppm) \11\
---------------------------------------------------------------------------------------------------------------
AQS Site ID Average 2020- Average 2019- Average 2020-
2019 2020 2021 2021 2021 2022 2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
Max 4th Max............................. 0.098 \A\ 0.066 0.072 \B\ 0.069 0.078 0.066 \C\ 0.067
Duchesne County:
490130002........................... 0.087 0.063 0.072 .............. 0.074 0.066 0.067
490137011........................... 0.079 0.064 0.069 .............. 0.070 0.066 0.066
Uintah County:
490471002........................... 0.070 0.063 0.068 .............. 0.067 0.063 0.064
490471004........................... 0.065 0.063 0.068 .............. 0.065 0.063 0.064
490472002........................... 0.074 0.066 0.071 .............. 0.070 0.062 0.066
490472003........................... 0.098 0.065 0.072 .............. 0.078 0.064 0.067
490477022........................... 0.067 0.065 0.068 .............. 0.066 0.062 0.065
--------------------------------------------------------------------------------------------------------------------------------------------------------
\A\ Basis for 1st 1-year extension (CAA section 181(a)(5) and 40 CFR 51.1307(a)(1)).
\B\ Basis for 2nd 1-year extension (CAA section 181(a)(5) and 40 CFR 51.1307(a)(2)).
\C\ Basis for DAAD (181(b)(2)(A) of the CAA and 40 CFR 51.1303).
C. What is the statutory authority for the proposed actions?
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\11\ See footnote 5.
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The statutory authority for the actions proposed in this document
is provided by the CAA, as amended (42 U.S.C. 7401 et seq.). CAA
section 107(d) provides that when the EPA establishes or revises a
NAAQS, the agency must designate areas of the country as nonattainment,
attainment, or unclassifiable based on whether an area is not meeting
(or is contributing to air quality in a nearby area that is not
meeting) the NAAQS, meeting the NAAQS, or cannot be classified as
meeting or not meeting the NAAQS, respectively. Subpart 2 of part D of
title I of the CAA governs the classification, state planning, and
emissions control requirements for any areas designated as
nonattainment for a revised primary ozone NAAQS. In particular, CAA
section 181(a)(1) requires each area designated as nonattainment for a
revised ozone NAAQS to be classified at the same time as the area is
designated. Classifications for ozone nonattainment areas are based on
the extent of the ozone problem in the area (as determined based on the
area's DV) and range from ``Marginal'' to ``Extreme.'' CAA section 182
provides the specific attainment planning and additional requirements
that apply to each ozone nonattainment area based on its
classification. CAA section 182, as interpreted by the EPA's
implementing regulations at 40 CFR 51.1308 through 51.1317, also
establishes the timeframes by which air agencies must submit and
implement State Implementation Plan (SIP) revisions to satisfy the
applicable attainment planning elements, and the timeframes by which
nonattainment areas must attain the 2015 ozone NAAQS.
CAA section 181(b)(2)(A) provides that, within 6 months following
the applicable attainment date, the EPA must determine whether an ozone
nonattainment area attained the ozone standard based on the area's DV
as of that date. If an area fails to attain the ozone NAAQS by the
applicable attainment date and is not granted a 1-year attainment date
extension, CAA section 181(b)(2)(A) requires the EPA to make the
determination that an ozone nonattainment area failed to attain the
ozone standard by the applicable attainment date, and requires the area
to be reclassified by operation of law to the higher of: (1) the next
higher classification for the area, or (2) the classification
applicable to the area's DV as of the determination of failure to
attain. Per CAA section 181(a)(5), upon application by any state, the
EPA may grant a 1-year extension of the attainment date for qualifying
areas (Section II.A of this notice).
D. How does the EPA determine whether an area is eligible for a second
attainment date extension?
Section 181(a)(5) of the CAA gives the EPA the discretion (``the
Administrator may'') to extend an area's applicable attainment date by
one additional year upon application by any state if the state meets
the two criteria under CAA section 181(a)(5). See also 40 CFR 51.1307.
This section is intended to provide flexibility where an area is close
to achieving attainment and can likely do so with a bit more time.
Rather than require an area to attain the NAAQS by a first extended
attainment date, the provision expressly allows for a maximum of two 1-
year extensions for a single area.
The first criterion is that the State must have complied with all
requirements and commitments pertaining to the area in the applicable
implementation plan. Second, and specifically related to a second 1-
year extension, the area's 4th highest daily maximum 8-hour value,
averaged over both the original attainment year and the first extension
year, must be no greater than the level of that NAAQS.
The first criterion is satisfied if a state can demonstrate that it
is in compliance with its approved implementation plan. See Delaware
Dept. of Nat. Resources and Envtl. Control v. EPA, 895 F.3d 90, 101
(D.C. Cir. 2018) (holding that the CAA requires only that an applying
state with jurisdiction over a nonattainment area comply with the
requirements in its applicable SIP, not every requirement of the Act).
A state may meet this requirement by certifying its compliance, and in
the absence of such certification, the EPA may determine whether the
criterion has been met. See Delaware, 895 F.3d at 101-102.
With respect to the second criterion, for the 2015 ozone NAAQS the
EPA has interpreted the air quality criterion of
[[Page 25226]]
CAA section 181(a)(5)(B) to mean that an area's 4th highest daily
maximum 8-hour value, averaged over both the original attainment year
and the first extension year, must be no greater than 0.070 ppm. Utah
certified that both criteria have been met in their second extension
request.\12\
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\12\ See letter dated March 30, 2022, from Utah Department of
Environmental Quality (UDEQ) Executive Director Kim Shelley to U.S.
EPA Region 8 Regional Administrator KC Becker.
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E. How does the EPA determine whether an area has attained the 2015
ozone standard?
The 2015 ozone NAAQS is attained for an area when the 3-year
average of the annual fourth highest daily maximum 8-hour average
ambient air quality ozone concentration (i.e., DV) at each monitoring
site in the area does not exceed 0.070 ppm. See 40 CFR part 50,
appendix U.
The EPA's determination of attainment is based upon data that have
been collected and quality-assured in accordance with 40 CFR part 58
and recorded in the EPA's Air Quality System (AQS) database.\13\
Ambient air quality monitoring data for the 3-year period preceding the
year of the attainment date (2020-2022 for the Uinta Basin 2015 ozone
NAAQS Marginal area, after the granting of the second 1-year extension)
must meet the data completeness requirements in Appendix U, section
4(b). These completeness requirements are met for the 3-year period at
a monitoring site if daily maximum 8-hour average concentrations of
ozone are available for at least 90 percent of the days within the
ozone monitoring season, on average, for the 3-year period, and no
single year has less than 75 percent data completeness. Monitors in the
NWF nonattainment area have met this requirement.
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\13\ The EPA maintains the AQS, a database that contains ambient
air pollution data collected by the EPA, state, local, and tribal
air pollution control agencies. The AQS also contains meteorological
data, descriptive information about each monitoring station
(including its geographic location and its operator) and data
quality assurance/quality control information. The AQS data is used
to (1) assess air quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for non-attainment areas, (4)
perform modeling for permit review analysis, and (5) prepare reports
for Congress as mandated by the CAA. See https://www.epa.gov/aqs.
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II. What is the EPA proposing and what is the rationale?
The EPA evaluated air quality monitoring data submitted by the
appropriate state and tribal air agencies to determine the attainment
status. The area failed to attain the 2015 ozone NAAQS by the extended
attainment date of August 3, 2022, but is eligible for a second 1-year
attainment date extension under CAA section 181(a)(5) and 40 CFR
51.1307. We are now proposing to grant a requested second 1-year
attainment date extension and to determine, in accordance with CAA
section 181(b)(2)(A) and 40 CFR 51.1303, that the area attained the
2015 ozone NAAQS by the proposed extended Marginal area attainment date
of August 3, 2023, based on the area's 2020-2022 DV (Table 1). This
section describes the determinations and actions being proposed in this
document.
A. Extension of Marginal Area Attainment Date
In a letter dated March 29, 2022, the Utah Division of Air Quality
(UDAQ) requested an extension of the Uinta Basin area Marginal area
attainment date. In addition, the UIT requested an extension in a
letter dated December 20, 2022. The information presented by the state
in their request demonstrates that the area meets the two necessary
statutory criteria for the second 1-year extension under CAA section
181(a)(5). Further, we have found no compelling countervailing facts or
circumstances that would cause the agency to exercise its discretion to
deny the request notwithstanding the state's demonstration. UDAQ has
certified that they have complied with all requirements and commitments
pertaining to this area in their approved implementation plan and
monitoring data completeness. On February 1, 2022, EPA approved that
the Emission Statement Rule and the Nonattainment New Source Review
Requirements had been met through SIP submittals and that Utah had met
all the requirements for its Marginal NAAs under the 2015 8-hour ozone
NAAQS.\14\ The 2017 Base Year Inventory Marginal NAA requirement was
met through EPA approval on July 6, 2021.\15\ For these reasons, the
EPA proposes to grant the requested 1-year extension of the August 3,
2022, Marginal area attainment date for the Uinta Basin area.
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\14\ See Final rule, Approval and Promulgation of Implementation
Plans; Utah; Emissions Statement Rule and Nonattainment New Source
Review Requirements for the 2015 8-Hour Ozone National Ambient Air
Quality Standard for the Uinta Basin, Northern Wasatch Front and
Southern Wasatch Front Nonattainment Areas, 87 FR 24273 (April 25,
2022).
\15\ See Final rule, 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
35404 (July 6, 2021).
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If this proposal is finalized, on the effective date of the final
action, the attainment date for the Uinta Basin area will be extended
from August 3, 2022, to August 3, 2023. The EPA solicits comments on
this proposal to grant the requested second 1-year attainment date
extension for the Uinta Basin Marginal ozone nonattainment area, and
whether there are any particular circumstances, such as
disproportionate environmental exposure or burdens, that the EPA should
consider before granting the request.
B. Determination of Attainment by the Attainment Date
Along with proposing to grant a second 1-year attainment date
extension, in this rulemaking we are proposing to determine that, in
accordance with CAA section 181(b)(2), the Uinta Basin Marginal ozone
nonattainment area attained the 2015 ozone NAAQS by the extended
Marginal area attainment date of August 3, 2023, based on the 2020-2022
DV (see Table 1). See also 40 CFR 51.1303. The EPA requests comment on
the proposed determination of attainment by the proposed attainment
date.
This proposed determination of attainment by the attainment date
does not constitute formal redesignation to attainment as provided for
under CAA section 107(d)(3).
C. Additional Information
As part of this rulemaking, EPA acknowledges that preliminary ozone
monitoring data indicate that in early 2023, the region experienced
excessively high ozone values. While this data was not determinative in
proposing to grant the 2nd extended attainment date, it does show that
there continue to be periods of high ozone levels in the Basin.
Addressing the continuing ozone problem will require continued efforts
and steady commitments from state, local, federal, tribal, and industry
partners to reduce precursor emissions in the region. The following
sections (see i through iv below) provide additional information on
reductions EPA expects will significantly mitigate exceedances in the
area.
i. Air Quality Trends
The Uinta Basin nonattainment area has a unique ozone problem, in
that it primarily occurs during the wintertime, instead of during the
summertime as is seen in most other ozone nonattainment areas.
Accordingly, in the Uinta Basin violating ozone concentrations are
[[Page 25227]]
driven by stagnant winter conditions associated with snow cover and
strong temperature inversions, which directly result in increased ozone
production due to accumulated local ozone precursor emissions from oil
and gas sources in the Basin.
The CAA mandates that the EPA determine whether an area attained
the NAAQS solely on the basis of the area's DV as of the attainment
date, CAA section 181(b)(2)(A), and does not permit the EPA to consider
in making that determination how the area attained or whether the area
will continue to attain in making that determination. Therefore, we did
not consider other factors, such as documented reductions in emissions
of ozone precursors and demonstrations that enforceable controls
achieved attainment, in determining whether the area attained by the
proposed attainment date.
ii. U&O Federal Implementation Plan (FIP) for Managing Emissions From
Oil and Gas Sources on Indian Country
In developing this proposal, we also considered the impact of the
recently finalized FIP for Managing Emissions from Oil and Natural Gas
Sources on Indian Country Lands within the Uintah and Ouray Indian
Reservation in Utah (U&O FIP).\16\ The U&O FIP requires new, modified,
and existing oil and natural gas sources on Indian country lands within
the U&O Reservation to implement new control requirements. While the
FIP was not specifically designed to bring the area into attainment of
the 2015 ozone NAAQS, the EPA expects these emission limits to
significantly reduce ozone precursor emissions and improve air quality
in the area. Most volatile organic compounds (VOC) emissions within the
Basin are from existing oil and gas activity, and most of those oil and
gas emissions are from existing sources on the U&O Indian Reservation
and in the nonattainment area. Before the promulgation of the U&O FIP,
VOC emissions control requirements for existing oil and gas sources
were in place in areas of the Uinta Basin under the State of Utah's
jurisdiction, but not in the Indian country areas of the U&O Indian
Reservation, leaving sources in a large portion of the U&O Basin
largely uncontrolled. With the ongoing implementation of the U&O FIP,
we expect the new control requirements to make a meaningful improvement
in air quality and assist in addressing winter ozone exceedances on the
Reservation, and in the nonattainment area and larger Uinta Basin
region.
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\16\ Federal Implementation Plan for Managing Emissions From Oil
and Natural Gas Sources on Indian Country Lands Within the Uintah
and Ouray Indian Reservation in Utah, Final Rule, see 87 FR 75334
(Dec. 8, 2022); see also Federal Implementation Plan for Managing
Emissions From Oil and Natural Gas Sources on Indian Country Lands
Within the Uintah and Ouray Indian Reservation in Utah, Proposed
Rule, 85 FR 3492 (Jan. 21, 2020); at 87 FR 21842, 21848 (April 13,
2022) (discussing U&O FIP proposal).
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iii. Voluntary Measures
In a letter dated May 30, 2023, the UIT provided supplemental
information to EPA on voluntary efforts to reduce oil and gas emissions
from sources on the U&O Reservation.\17\ The letter highlighted efforts
by operators in the Basin to identify and mitigate emissions leaks from
operations. Efforts included voluntary leak detection and repair (LDAR)
inspections, controlling tank vapor, replacement and retrofitting of
pneumatic pumps, aerial methane surveying, converting compressors from
natural gas to line-electric or solar-electric power, using non-
emitting pneumatic devices at new well pads, and redesigning compressor
stations to reduce emissions.
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\17\ See letter dated May 30, 2023, from Ute Indian Tribe
Business Committee Chairman, Julius T. Murray, III to U.S. EPA
Region 8 Enforcement and Compliance Director, Suzanne Bohan.
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Another initiative taking place in this nonattainment area is the
Winter Ozone Alert Program, run by Utah State University Bingham
Research Center. Initiated in 2017, the program provides email alerts
when ozone exceeding EPA standards is forecasted for the Uinta Basin.
The purpose of these alerts is to provide the oil and gas industry and
others with real-time information about air quality in the Basin so
they can take voluntary action to reduce emissions of ozone-forming
pollutants.\18\
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\18\ Information on this program can be found at https://www.usu.edu/binghamresearch/ozone-alert.
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iv. Final Rule on Oil and Gas New Standards and Emissions Guidelines
(OOOOb/c)
On March 8, 2024, the EPA finalized new source performance
standards and emission guidelines for the crude oil and natural gas
source category under CAA section 111, which codifies new subparts
OOOOb and OOOOc at 40 CFR part 60.\19\ These rules are expected to
achieve significant emissions reductions from both new, reconstructed,
and modified sources in addition to existing oil and gas operations in
the Basin as well as across the nation.
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\19\ See Final rule, Standards of Performance for New,
Reconstructed, and Modified Sources and Emissions Guidelines for
Existing Sources: Oil and Natural Gas Sector Climate Review, 89 FR
16820 (Mar. 8, 2024).
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Under subpart OOOOb, EPA established federal standards for new,
modified, and reconstructed sources. Subpart OOOOb requires enhanced
LDAR at new, modified, and reconstructed well sites, including
wellhead-only sites, and add options that allow owners to use a wider
selection of methane detection technologies to check for leaks. Subpart
OOOOc includes presumptive standards to limit GHGs emissions (in the
form of methane limitations) from designated facilities in the Crude
Oil and Natural Gas source category, as well as requirements under the
CAA section 111(d) for states to follow in developing, submitting, and
implementing state plans to establish performance standards. Subpart
OOOOc defers to the General Provision's Implementing Regulations under
40 CFR part 60 subpart Ba \20\ for certain requirements, such as the
requirement for states to conduct meaningful public engagement during
development of their existing source plans.\21\ EPA is committed to
issuing a Federal Plan in a timely manner to implement OOOOc in Indian
country and will continue to engage with Tribal Nations and state
partners throughout this process.
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\20\ See 88 FR 80480 (November 17, 2023).
\21\ Subpart Ba requires as part of completeness criteria in 40
CFR 60.27a(g) that states must submit, with the plan or revision,
documentation of meaningful engagement including a list of
identified pertinent stakeholders and/or their representatives, a
summary of the engagement conducted, a summary of stakeholder input
received, and a description of how stakeholder input was considered
in the development of the plan or plan revisions. See 40 CFR 60.21a
for the definitions of meaningful engagement and pertinent
stakeholders. State plans submitted in accordance with OOOOc that
include provisions for Remaining Useful Life and Other Factors
(RULOF) must comply with the subpart Ba general RULOF provisions in
40 CFR 60.24a (see 40 CFR 60.20a(a), which establishes applicability
of subpart Ba requirements to EG OOOOc). Further, EG OOOOc does not
supersede any requirement within subpart Ba related to RULOF.
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III. Environmental Justice Considerations
The CAA gives the EPA the discretion to extend an area's applicable
attainment date by one additional year upon application by any state if
the state meets the two criteria under CAA section 181(a)(5) (see
Section I.D of this notice). As part of the screening analyses to
evaluate whether communities in the Uinta Basin area may be exposed to
disproportionate pollution burdens as a result of this proposed
extension, we used EJSCREEN, an EJ mapping and screening tool that
provides EPA with a nationally consistent dataset and approach for
combining various
[[Page 25228]]
environmental and demographic indicators.\22\ The EJSCREEN tool
presents these indicators at a Census block group (CBG) level or a
larger user-specified ``buffer'' area that covers multiple CBGs.\23\ An
individual CBG is a cluster of contiguous blocks within the same census
tract and generally contains between 600 and 3,000 people. EJSCREEN is
not a tool for performing in-depth risk analysis but is instead a
screening tool that provides an initial representation of indicators
related to EJ. We also examined ozone design value data for the Uinta
Basin area.\24\
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\22\ The EJ SCREEN tool is available at www.epa.gov/ejscreen.
\23\ See www.census.gov/programs-surveys/geography/about/glossary.html.
\24\ The ozone metric in EJSCREEN represents the summer seasonal
average of daily maximum 8-hour concentrations (parts per billion),
and was not used in our EJ analyses because this metric is not
informative of peak ozone concentrations for this area, which are
instead represented here by the design value metric. Ozone design
values are the basis of attainment determinations in this proposed
action, and we consider it a more informative indicator of pollution
burden from ozone in the Uinta Basin area.
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With respect to the Uinta Basin, the EPA conducted an EJSCREEN
analysis for the two counties (Duchesne and Uintah) that encompass the
entire Uinta Basin nonattainment area. The results of our screening
analysis did not indicate disproportionate exposure or burdens with
respect to the non-ozone environmental indicators assessed in EJSCREEN
for the 2-county (Duchesne and Uintah) area, or relative to the U.S. as
a whole.\25\
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\25\ EJSCREEN examines multiple environmental indicators,
including particulate matter, traffic proximity and volume, lead
paint in housing, and proximity scores for Superfund, RMP and
hazardous waste facilities. The results of our EJSCREEN analyses are
in this docket (EPA-HQ-OAR-2024-0001).
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The EPA's inquiry is consistent with multiple executive orders
addressing environmental justice as well as an April 7, 2021, directive
by the EPA Administrator.\26\ In that directive, the Administrator
instructed all EPA offices to take immediate and affirmative steps to
incorporate EJ considerations into their work, including assessing
impacts to pollution-burdened, underserved, and Tribal communities in
regulatory development processes and considering regulatory options to
maximize benefits to these communities.\27\
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\26\ See Message from the EPA Administrator, Our Commitment to
Environmental Justice (April 7, 2021) at www.epa.gov/sites/production/files/2021-04/documents/regan-messageoncommitmenttoenvironmentaljustice-april072021.pdf; E.O.
13985, Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government (January 20,
2021), available at www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/
and 86 FR 7009 (January 25, 2021)); E.O. 12898, Federal Actions To
Address Environmental Justice in Minority Populations and Low-Income
Populations (February 11, 1994), available at www.epa.gov/sites/production/files/2015-02/documents/exec_order_12898.pdf and 59 FR
7629 (February 16, 1994)); E.O. 14096, Revitalizing Our Nation's
Commitment to Environmental Justice for All, issued April 21, 2023,
available at www.govinfo.gov/content/pkg/FR-2023-04-26/pdf/2023-08955.pdf and 88 FR 25251 (April 26, 2023).
\27\ The EPA has defined environmental justice as ``the fair
treatment and meaningful involvement of all people regardless of
race, color, national origin, or income with respect to the
development, implementation and enforcement of environmental laws,
regulations and policies.'' See www.epa.gov/environmentaljustice/learn-about-environmental-justice.
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The EPA considered the information described above in evaluating
the request for a second 1-year extension of the Marginal attainment
date, and we propose to find that this information does not weigh
against our proposal to grant the request.
IV. Tribal Consultation
In accordance with the EPA Policy on Consultation and Coordination
with Indian Tribes, the EPA is offering an opportunity to the UIT for
consultation during the public comment period on this proposed EPA
action (see Section V.F of this notice).\28\
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\28\ See EPA Policy on Consultation and Coordination with Indian
Tribes, May 4, 2011, www.epa.gov/sites/default/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf.
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V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is exempt from review under Executive Order 12866, as
amended by Executive Order 14094, because it responds to the CAA
requirement to determine whether areas designated nonattainment for an
ozone NAAQS attained the standard by the applicable attainment date.
B. Paperwork Reduction Act (PRA)
This proposed rule does not impose any new information collection
burden under the PRA not already approved by the Office of Management
and Budget. This action proposes to: (1) Find that this Marginal ozone
nonattainment area failed to attain the 2015 NAAQS by the attainment
date of Aug. 3, 2022; (2) Determine that this area qualifies for a
second 1-year extension of the attainment date; (3) Grant the request
by the State and Tribe to extend the attainment date to Aug. 3, 2023;
and (4) Determine that thist area attained the standard by the new
attainment date. Thus, the proposed action does not establish any new
information collection burden that has not already been identified and
approved in the EPA's information collection request.\29\
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\29\ On April 30, 2018, the OMB approved EPA's request for
renewal of the previously approved information collection request
(ICR). The renewed request expired on April 30, 2021, 3 years after
the approval date (see OMB Control Number 2060-0695 and ICR
Reference Number 201801-2060-003 for EPA ICR No. 2347.03). On April
30, 2021, the OMB published the final 30-day Notice (86 FR 22959)
for the ICR renewal titled ``Implementation of the 8-Hour National
Ambient Air Quality Standards for Ozone (Renewal)'' (see OMB Control
Number 2060-0695 and ICR Reference No: 202104-2060-004 for EPA ICR
Number 2347.04). The ICR renewal is pending OMB final approval.
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C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The proposed
determination to grant a 1-year attainment date extension and the
proposed determinations of attainment by the proposed attainment date
for the 2015 ozone NAAQS do not in and of themselves create any new
requirements beyond what is mandated by the CAA. Instead, this
rulemaking only makes factual determinations, and does not directly
regulate any entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. The
division of responsibility between the Federal Government and the
states for purposes of implementing the NAAQS is established under the
CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action has tribal implications, because it proposes actions
that will affect the ozone classification of a large area of Indian
country within the U&O Reservation. However, it will neither
[[Page 25229]]
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law.
The EPA consulted with tribal officials under the EPA Policy on
Consultation and Coordination with Indian Tribes early in the process
of developing this regulation to permit them to have meaningful and
timely input into its development. A summary of that consultation to
date is provided in the docket. See ``Consultation with the UIT.docx.''
EPA intends to offer further consultation to the UIT upon signature of
this proposal.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and E.O.
14096: Revitalizing Our Nation's Commitment to Environmental Justice
for All
The EPA believes that the human health and environmental conditions
existing prior to this action do not result in disproportionate and
adverse effects on communities with EJ concerns. The EPA believes that
this action is not likely to result in new disproportionate and adverse
effects on communities with environmental justice concerns.
Documentation for this determination is presented in Section II.A of
this action, ``Extension of Marginal Area Attainment Date.'' Supporting
information is described in Section III of this action, ``Environmental
Justice Considerations'' and the relevant documents have been placed in
the public docket for this action.
With respect to the determinations of whether areas have attained
the NAAQS by the attainment date, the EPA has no discretionary
authority to address EJ in these determinations. CAA section
181(b)(2)(A) directs that within 6 months following the applicable
attainment date, the Administrator shall determine, based on the area's
design value as of the attainment date, whether the area attained the
standard by that date. Except for any Severe or Extreme area, any area
that the Administrator finds has not attained the standard by that date
shall be reclassified by operation of law to either the next higher
classification or the classification applicable to the area's design
value. Id.
List of Subjects
40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: April 3, 2024.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2024-07501 Filed 4-9-24; 8:45 am]
BILLING CODE 6560-50-P
