Air Plan Approval; State of Utah; Utah State Implementation Plan Revisions, 54358-54362 [2024-14136]
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54358
Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2020–0098; FRL–12019–
01–R8]
Air Plan Approval; State of Utah; Utah
State Implementation Plan Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Utah on April
19, 2018; May 21, 2020; and July 21,
2020. These SIP submissions include
revisions to air quality rules within
Utah Administrative Code (UAC) title
R307. EPA is taking this action pursuant
to the Clean Air Act (CAA or the Act).
DATES: This rule is effective on July 31,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2020–0098. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129,
telephone number: (303) 312–6602,
email address: ostigaard.crystal@
epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
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I. Background
The background and legal basis for
this action are discussed in detail in our
November 6, 2020 proposal (85 FR
71023).1 We proposed to approve the
1 The November 6, 2020 (85 FR 71023) proposed
rule also contained our proposed approvals of the
Salt Lake City and Provo Serious PM2.5
redesignation requests; maintenance plans; the
maintenance plans’ 2035 motor vehicle emissions
budgets (MVEB) for emissions of direct PM2.5,
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Governor of Utah’s submittal of May 21,
2020, including revisions to UAC R307–
110–32 (which incorporates by
reference Utah SIP section X.B., the
vehicle inspection and maintenance (I/
M) program for Davis County) and
R307–110–35 (which incorporates by
reference Utah SIP section X.E., the
vehicle I/M program for Weber County).
Additionally, we proposed to approve
SIP revisions and new rules submitted
by the Utah Division of Air Quality
(UDAQ) on April 19, 2018, May 21,
2020, and July 21, 2020, specifically
UAC R307–208, R307–230, R307–304,
R307–335, R307–343, R307–344, R307–
345, R307–346, R307–347, R307–348,
R307–349, R307–350, R307–351, R307–
352, R307–353, R307–354 and R307–
355.
II. Response to Comments
Our proposed rulemaking provided
notice of a 30-day public comment
period. On November 10, 2020, Utah
Physicians for a Healthy Environment
submitted a request to extend the
comment period by thirty days and for
EPA to grant a formal, online hearing.
EPA reviewed this request but denied it,
maintaining the original December 7,
2020, comment deadline and declining
to hold the requested hearing.2 EPA
received no comments specific to these
four submittals.
III. Final Action
We are approving the submittal of
May 21, 2020, with revisions to R307–
110–32, R307–110–35 (including the
incorporated-by-reference revisions to
Utah SIP Sections X.B. and X.E., which
are the I/M programs for Davis and
Weber Counties), but we are not acting
on appendix D (Diesel Inspection
Procedures) or appendix F (Diesel
Fueled Vehicle Test Procedure) of Utah
SIP sections X.B. and X.E.,
respectively.3 The diesel inspection and
nitrogen oxides (NOX) and volatile organic
compounds (VOC); each maintenance plan’s budget
trading mechanisms related to emissions of PM2.5
precursors; UT SIP sections IX.H.11, 12, and 13;
R307–110–10; R307–110–17; and each
nonattainment area’s (NAA) full best available
control measure/best available control technology
(BACM/BACT) determinations for major stationary
sources, area sources, and on-road and off-road
mobile sources. We are not taking final action on
any of these proposed submissions within this
action but will be addressing them in one or more
future actions.
2 Located within the docket, titled ‘‘11–10–2020
public comment—Dr. Moench_EPA Response.’’
3 General information on diesel vehicles in I/M
Programs: https://www.epa.gov/state-and-localtransportation/vehicle-emissions-inspection-andmaintenance-im-information-state; February 1995,
EPA–AA–EPSD–IM–94–1226, EPA I/M Briefing
Book—Everything You Ever Wanted to Know About
Inspection and Maintenance (pg. 146–147); April 3,
1997, Guidance to States on In-Use Smoke Test
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testing procedures in these two
appendices are not required
submissions under CAA section 110(c)
or required plan items under CAA
section 179, and EPA has not
promulgated criteria for evaluating them
in 40 CFR part 51, subpart S. Further,
there is a lack of correlation between
opacity and particulate matter (PM)
mass emissions in diesel vehicles, and
relevant literature and studies suggest
that adjusting diesel vehicles to reduce
the opacity of emissions may result in
an increase in emissions of NOX, which
is a precursor to the formation of PM2.5.4
EPA is also approving Utah UAC
sections R307–200 and R307–300
revisions and new rules submitted by
UDAQ on April 19, 2018, May 21, 2020,
and July 21, 2020, which strengthen the
SIP. These rules are R307–208, R307–
230, R307–304, R307–335, R307–343,
R307–344, R307–345, R307–346, R307–
347, R307–348, R307–349, R307–350,
R307–351, R307–352, R307–353, R307–
354 and R307–355.
The revisions being approved in this
final action clarify several area source
rules, including reorganizing provisions
related to work practices and
recordkeeping, and make other general
administrative updates. In this final rule
we are not determining that any rule
satisfies BACM requirements for the
Serious PM2.5 nonattainment areas
(NAAs), nor are we reconsidering the
substantive approvability under the
CAA of provisions that have been
previously approved into the SIP.
IV. Environmental Justice
Considerations
EPA reviewed demographic data,
which provides an assessment of
individual demographic groups of the
populations living within the Salt Lake
City and Provo PM2.5 NAAs.5 EPA then
compared the data to the national
average for each of the demographic
groups. The results of this analysis are
being provided for informational and
transparency purposes. The results of
the demographic analysis indicate that,
for populations within the Salt Lake
City PM2.5 NAA, the percentage of the
population consisting of people of color
is less than the national average (25%
vs. 40%). For populations within the
Procedure for Highway Heavy-Duty Diesel Vehicles;
and February 25, 1999, Guidance to States on
Smoke Opacity Cutpoints to be used with the SAE
J1667 In-Use Smoke Test Procedures.
4 McCormick, R.; Graboski, M.; Alleman, T.;
Alvarez, J.; Environ. Sci. Technol. 2003, 37, 630–
637.
5 The Salt Lake City and Provo PM
2.5 NAA
boundaries can be found at: https://www.ecfr.gov/
current/title-40/chapter-I/subchapter-C/part-81/
subpart-C/section-81.345, within the Utah—2006
24-Hour PM2.5 NAAQS table.
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Provo PM2.5 NAA, the results of the
demographic analysis indicate that the
percentage of the population consisting
of people of color is less than the
national average (18% vs. 40%). The
percentage of people living below the
poverty level in the Salt Lake City PM2.5
NAA is lower than the national average
(23% vs. 30%). For the Provo PM2.5
NAA, the percentage of people living
below the poverty level is lower than
the national average (27% vs. 30%).
This final action approves state rules
and rule revisions into the SIP and will
establish federally enforceable
requirements that will reduce emissions
of PM2.5 and PM2.5 precursors. We
expect that this action and the resulting
emissions reductions will be neutral or
will contribute to reduced
environmental and health impacts on all
populations in the NAAs, including
people of color and low-income
populations in the Salt Lake City and
Provo PM2.5 NAAs. Further, there is no
information in the record indicating that
this action is expected to have
disproportionately high or adverse
human health or environmental effects
on a particular group of people.
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V. Incorporation by Reference
In this document, EPA is taking final
action to approve regulatory text that
includes incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is taking final action to
approve the incorporation by reference
of: R307–110–32; R307–110–35; R307–
208; R307–230; R307–304; R307–335;
R307–343; R307–344; R307–345; R307–
346; R307–347; R307–348; R307–349;
R307–350; R307–351; R307–352; R307–
353; R307–354; R307–355; Utah SIP
section X.B., excluding appendix D; and
Utah SIP section X.E., excluding
appendix F, as discussed in section III.
of this preamble. EPA has made, and
will continue to make, these materials
generally available through https://
www.regulations.gov and at the EPA
Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.6
6 See
62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
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. Accordingly, the
rule does not have tribal implications
and will not impose substantial direct
costs on tribal governments or preempt
tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000).
Finally, Executive Order 12898
(Federal Actions To Address
Environmental Justice in Minority
Populations and Low-Income
Populations, 59 FR 7629, Feb. 16, 1994)
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54359
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.’’ The air agency 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.
Consistent with EPA’s discretion under
the CAA, EPA has evaluated the
environmental justice considerations of
this action, as is described above in the
section titled, ‘‘Environmental Justice
Considerations.’’ Due to the nature of
the action being taken here, this action
is expected to have a neutral to positive
impact on the air quality of the affected
area. In addition, there is no information
in the record inconsistent with the
stated goal of E.O. 12898 of achieving
environmental justice for people of
color, low-income populations, and
Indigenous peoples.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 30, 2024.
Filing a petition for reconsideration by
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Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Rules and Regulations
Dated: June 17, 2024.
KC Becker,
Regional Administrator, Region 8.
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
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.
Rule No.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. In § 52.2320:
a. In the table in paragraph (c):
i. Revise the entries ‘‘R307–110–32’’
and ‘‘R307–110–35’’;
■ ii. Add the center heading ‘‘R307–208.
Outdoor Wood Boilers’’ and the entry
‘‘R307–208’’ in numerical order;
■ iii. Add the center heading ‘‘R307–
230. NOX Emission Limits for Natural
■
■
■
State
effective
date
Rule title
*
*
*
Gas-Fired Water Heaters’’ and the entry
‘‘R307–230’’ in numerical order;
■ iv. Add the center heading ‘‘R307–
304. Solvent Cleaning’’ and the entry
‘‘R307–304’’ in numerical order;
■ v. Revise the center heading ‘‘R307–
335. Degreasing and Solvent Cleaning
Operations’’ to read ‘‘R307–335.
Degreasing’’ and the entry ‘‘R307–335’’;
and
■ vi. Revise the entries ‘‘R307–343’’,
‘‘R307–344’’, ‘‘R307–345’’, ‘‘R307–346’’,
‘‘R307–347’’, ‘‘R307–348’’, ‘‘R307–349’’,
‘‘R307–350’’, ‘‘R307–351’’, ‘‘R307–352’’,
‘‘R307–353’’, ‘‘R307–354’’, and ‘‘R307–
355’’.
■ b. In the table in paragraph (e):
■ i. Revise the entries ‘‘Section X.B.
Davis County’’ and ‘‘Section X.E. Weber
County’’.
The revisions and additions read as
follows:
§ 52.2320
*
Identification of plan.
*
*
(c) * * *
*
Final rule citation, date
*
*
*
*
Comments
*
R307–110. General Requirements: State Implementation Plan
*
R307–110–32 ....
*
*
Section X, Vehicle Inspection and Maintenance
Program, Part B, Davis County.
*
*
R307–110–35 ....
*
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Section X, Vehicle Inspection and Maintenance
Program, Part E, Weber County.
*
*
*
*
3/4/2020
*
*
[insert Federal Register citation],
7/1/2024.
*
Excluding appendix
D.
3/4/2020
*
*
[insert Federal Register citation],
7/1/2024.
*
Excluding appendix
F.
*
*
*
*
R307–208. Outdoor Wood Boilers
R307–208 ..........
*
Outdoor Wood Boilers ............................................
*
*
4/10/2013
*
[insert Federal Register citation],
7/1/2024.
*
*
*
R307–230. NOX Emission Limits for Natural Gas-Fired Water Heaters
R307–230 ..........
*
NOX Emission Limits for Natural Gas-Fired Water
Heaters.
*
*
4/3/2017
*
[insert Federal Register citation],
7/1/2024.
*
*
*
R307–304. Solvent Cleaning
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R307–304 ..........
*
Solvent Cleaning ....................................................
*
*
12/6/2017
*
[insert Federal Register citation],
7/1/2024.
*
*
R307–335. Degreasing
R307–335 ..........
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Degreasing .............................................................
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7/1/2024.
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54361
Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Rules and Regulations
Rule No.
State
effective
date
Rule title
*
*
*
Final rule citation, date
*
*
*
Comments
*
R307–343. Emissions Standards for Wood Furniture Manufacturing Operations
R307–343 ..........
Emissions Standards for Wood Furniture Manufacturing Operations.
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–344. Paper, Film, & Foil Coatings
R307–344 ..........
Paper, Film, & Foil Coatings ..................................
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–345. Fabric & Vinyl Coatings
R307–345 ..........
Fabric & Vinyl Coatings .........................................
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–346. Metal Furniture Surface Coatings
R307–346 ..........
Metal Furniture Surface Coatings ..........................
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–347. Large Appliance Surface Coatings
R307–347 ..........
Large Appliance Surface Coatings ........................
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–348. Magnet Wire Coatings
R307–348 ..........
Magnet Wire Coatings ...........................................
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–349. Flat Wood Panel Coatings
R307–349 ..........
Flat Wood Panel Coatings .....................................
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–350. Miscellaneous Metal Parts & Products Coatings
R307–350 ..........
Miscellaneous Metal Parts & Products Coatings ...
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–351. Graphic Arts
R307–351 ..........
Graphic Arts ...........................................................
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–352. Metal Container, Closure & Coatings
R307–352 ..........
Metal Container, Closure & Coatings ....................
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–353. Plastic Parts Coatings
R307–353 ..........
Plastic Parts Coatings ............................................
12/6/2017
[insert Federal Register citation],
7/1/2024.
R307–354. Automotive Refinishing Coatings
R307–354 ..........
Automotive Refinishing Coatings ...........................
12/6/2017
[insert Federal Register citation],
7/1/2024.
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R307–355. Control of Emissions from Aerospace Manufacture & Rework Facilities
R307–355 ..........
Control of Emissions from Aerospace Manufacture & Rework Facilities.
*
*
*
*
*
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16:19 Jun 28, 2024
12/6/2017
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[insert Federal Register citation],
7/1/2024.
*
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(e) * * *
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54362
Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Rules and Regulations
State
effective date
Rule title
*
*
*
Final rule citation,
date
*
*
Comments
*
*
X. Vehicle Inspection and Maintenance Program
*
*
*
Section X.B. Davis County ...........................................
3/4/2020
*
*
*
Section X.E. Weber County ..........................................
3/4/2020
*
*
*
[FR Doc. 2024–14136 Filed 6–28–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2024–0130; FRL–11827–
02–R7]
Air Plan Approval; Iowa; Linn County
Ordinances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Iowa State
Implementation Plan (SIP) to include
recent changes to the Linn County Code
of Ordinances. The revisions to this rule
include updating definitions and
references to federal rules, revising
methods and procedures for
performance test/stack test and
continuous monitoring systems, and
making minor clarifications and
grammatical changes. These revisions
do not impact the stringency of the SIP
or have an adverse effect on air quality.
The EPA’s approval of this rule revision
is being done in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on July
31, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2024–0130. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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[insert Federal Register citation], 7/1/2024.
*
*
*
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[insert Federal Register citation], 7/1/2024.
*
*
*
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7905;
email address: olson.bethany@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is approving revisions to the
Iowa SIP received on October 17, 2022.
The state withdrew certain provisions of
the request on February 7, 2024. The
revisions are to Linn County Code of
Ordinances Chapter 10, Article III ‘‘Air
Quality’’. The CAA allows authorized
states to delegate portions of the Act’s
implementation and enforcement to
local governments such as Linn County.
The revisions to the Iowa SIP
incorporate updated definitions and
references to federal rules, revised
methods and procedures for
performance test/stack test and
continuous monitoring systems, and
minor clarifications and grammatical
changes.
EPA finds that these revisions meet
the requirements of the CAA, do not
impact the stringency of the SIP, and do
not adversely impact air quality. The
full text of the rule revisions as well as
EPA’s analysis of the revisions can be
found in the technical support
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
*
*
document (TSD) included in this
docket.
II. Have the requirements for approval
of a SIP revision been met?
The State’s submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. Linn County provided
public notice on this SIP revision from
April 1, 2022, to May 2, 2022, and
received no comments. The EPA’s
Notice of Proposed Rulemaking and
supporting information contained in the
docket were made available for public
comment from April 18, 2024, to May
20, 2024. The EPA received no
comments. In addition, as explained
above and in more detail in the
technical support document which is
part of this docket, the revision meets
the substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
III. What action is the EPA taking?
The EPA is taking final action to
amend the Iowa SIP by approving the
State’s request to revise Linn County
Code of Ordinances, Chapter 10.
IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Linn
County Air Quality Ordinance, Chapter
10, with an effective date of May 14,
2022, which regulates air quality in
Linn County. The EPA has made, and
will continue to make, these materials
generally available through https://
www.regulations.gov and at the EPA
Region 7 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Rules and Regulations]
[Pages 54358-54362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14136]
[[Page 54358]]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2020-0098; FRL-12019-01-R8]
Air Plan Approval; State of Utah; Utah State Implementation Plan
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Utah on
April 19, 2018; May 21, 2020; and July 21, 2020. These SIP submissions
include revisions to air quality rules within Utah Administrative Code
(UAC) title R307. EPA is taking this action pursuant to the Clean Air
Act (CAA or the Act).
DATES: This rule is effective on July 31, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2020-0098. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (303) 312-6602, email address:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means EPA.
I. Background
The background and legal basis for this action are discussed in
detail in our November 6, 2020 proposal (85 FR 71023).\1\ We proposed
to approve the Governor of Utah's submittal of May 21, 2020, including
revisions to UAC R307-110-32 (which incorporates by reference Utah SIP
section X.B., the vehicle inspection and maintenance (I/M) program for
Davis County) and R307-110-35 (which incorporates by reference Utah SIP
section X.E., the vehicle I/M program for Weber County).
---------------------------------------------------------------------------
\1\ The November 6, 2020 (85 FR 71023) proposed rule also
contained our proposed approvals of the Salt Lake City and Provo
Serious PM2.5 redesignation requests; maintenance plans;
the maintenance plans' 2035 motor vehicle emissions budgets (MVEB)
for emissions of direct PM2.5, nitrogen oxides
(NOX) and volatile organic compounds (VOC); each
maintenance plan's budget trading mechanisms related to emissions of
PM2.5 precursors; UT SIP sections IX.H.11, 12, and 13;
R307-110-10; R307-110-17; and each nonattainment area's (NAA) full
best available control measure/best available control technology
(BACM/BACT) determinations for major stationary sources, area
sources, and on-road and off-road mobile sources. We are not taking
final action on any of these proposed submissions within this action
but will be addressing them in one or more future actions.
---------------------------------------------------------------------------
Additionally, we proposed to approve SIP revisions and new rules
submitted by the Utah Division of Air Quality (UDAQ) on April 19, 2018,
May 21, 2020, and July 21, 2020, specifically UAC R307-208, R307-230,
R307-304, R307-335, R307-343, R307-344, R307-345, R307-346, R307-347,
R307-348, R307-349, R307-350, R307-351, R307-352, R307-353, R307-354
and R307-355.
II. Response to Comments
Our proposed rulemaking provided notice of a 30-day public comment
period. On November 10, 2020, Utah Physicians for a Healthy Environment
submitted a request to extend the comment period by thirty days and for
EPA to grant a formal, online hearing. EPA reviewed this request but
denied it, maintaining the original December 7, 2020, comment deadline
and declining to hold the requested hearing.\2\ EPA received no
comments specific to these four submittals.
---------------------------------------------------------------------------
\2\ Located within the docket, titled ``11-10-2020 public
comment--Dr. Moench_EPA Response.''
---------------------------------------------------------------------------
III. Final Action
We are approving the submittal of May 21, 2020, with revisions to
R307-110-32, R307-110-35 (including the incorporated-by-reference
revisions to Utah SIP Sections X.B. and X.E., which are the I/M
programs for Davis and Weber Counties), but we are not acting on
appendix D (Diesel Inspection Procedures) or appendix F (Diesel Fueled
Vehicle Test Procedure) of Utah SIP sections X.B. and X.E.,
respectively.\3\ The diesel inspection and testing procedures in these
two appendices are not required submissions under CAA section 110(c) or
required plan items under CAA section 179, and EPA has not promulgated
criteria for evaluating them in 40 CFR part 51, subpart S. Further,
there is a lack of correlation between opacity and particulate matter
(PM) mass emissions in diesel vehicles, and relevant literature and
studies suggest that adjusting diesel vehicles to reduce the opacity of
emissions may result in an increase in emissions of NOX,
which is a precursor to the formation of PM2.5.\4\
---------------------------------------------------------------------------
\3\ General information on diesel vehicles in I/M Programs:
https://www.epa.gov/state-and-local-transportation/vehicle-emissions-inspection-and-maintenance-im-information-state; February
1995, EPA-AA-EPSD-IM-94-1226, EPA I/M Briefing Book--Everything You
Ever Wanted to Know About Inspection and Maintenance (pg. 146-147);
April 3, 1997, Guidance to States on In-Use Smoke Test Procedure for
Highway Heavy-Duty Diesel Vehicles; and February 25, 1999, Guidance
to States on Smoke Opacity Cutpoints to be used with the SAE J1667
In-Use Smoke Test Procedures.
\4\ McCormick, R.; Graboski, M.; Alleman, T.; Alvarez, J.;
Environ. Sci. Technol. 2003, 37, 630-637.
---------------------------------------------------------------------------
EPA is also approving Utah UAC sections R307-200 and R307-300
revisions and new rules submitted by UDAQ on April 19, 2018, May 21,
2020, and July 21, 2020, which strengthen the SIP. These rules are
R307-208, R307-230, R307-304, R307-335, R307-343, R307-344, R307-345,
R307-346, R307-347, R307-348, R307-349, R307-350, R307-351, R307-352,
R307-353, R307-354 and R307-355.
The revisions being approved in this final action clarify several
area source rules, including reorganizing provisions related to work
practices and recordkeeping, and make other general administrative
updates. In this final rule we are not determining that any rule
satisfies BACM requirements for the Serious PM2.5
nonattainment areas (NAAs), nor are we reconsidering the substantive
approvability under the CAA of provisions that have been previously
approved into the SIP.
IV. Environmental Justice Considerations
EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within the Salt
Lake City and Provo PM2.5 NAAs.\5\ EPA then compared the
data to the national average for each of the demographic groups. The
results of this analysis are being provided for informational and
transparency purposes. The results of the demographic analysis indicate
that, for populations within the Salt Lake City PM2.5 NAA,
the percentage of the population consisting of people of color is less
than the national average (25% vs. 40%). For populations within the
[[Page 54359]]
Provo PM2.5 NAA, the results of the demographic analysis
indicate that the percentage of the population consisting of people of
color is less than the national average (18% vs. 40%). The percentage
of people living below the poverty level in the Salt Lake City
PM2.5 NAA is lower than the national average (23% vs. 30%).
For the Provo PM2.5 NAA, the percentage of people living
below the poverty level is lower than the national average (27% vs.
30%).
---------------------------------------------------------------------------
\5\ The Salt Lake City and Provo PM2.5 NAA boundaries
can be found at: https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-81/subpart-C/section-81.345, within the Utah--2006
24-Hour PM2.5 NAAQS table.
---------------------------------------------------------------------------
This final action approves state rules and rule revisions into the
SIP and will establish federally enforceable requirements that will
reduce emissions of PM2.5 and PM2.5 precursors.
We expect that this action and the resulting emissions reductions will
be neutral or will contribute to reduced environmental and health
impacts on all populations in the NAAs, including people of color and
low-income populations in the Salt Lake City and Provo PM2.5
NAAs. Further, there is no information in the record indicating that
this action is expected to have disproportionately high or adverse
human health or environmental effects on a particular group of people.
V. Incorporation by Reference
In this document, EPA is taking final action to approve regulatory
text that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, EPA is taking final action to approve the
incorporation by reference of: R307-110-32; R307-110-35; R307-208;
R307-230; R307-304; R307-335; R307-343; R307-344; R307-345; R307-346;
R307-347; R307-348; R307-349; R307-350; R307-351; R307-352; R307-353;
R307-354; R307-355; Utah SIP section X.B., excluding appendix D; and
Utah SIP section X.E., excluding appendix F, as discussed in section
III. of this preamble. EPA has made, and will continue to make, these
materials generally available through https://www.regulations.gov and
at the EPA Region 8 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\6\
---------------------------------------------------------------------------
\6\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this action approves state law as meeting federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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. Accordingly, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
Finally, 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.'' The air agency 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. Consistent with EPA's
discretion under the CAA, EPA has evaluated the environmental justice
considerations of this action, as is described above in the section
titled, ``Environmental Justice Considerations.'' Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area. In
addition, there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 30, 2024. Filing a
petition for reconsideration by
[[Page 54360]]
the Administrator of this final rule does not affect the finality of
this action for the purposes of judicial review nor does it extend the
time within which a petition for judicial review may be filed, and
shall not postpone the effectiveness of such rule or action. This
action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 17, 2024.
KC Becker,
Regional Administrator, Region 8.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart TT--Utah
0
2. In Sec. 52.2320:
0
a. In the table in paragraph (c):
0
i. Revise the entries ``R307-110-32'' and ``R307-110-35'';
0
ii. Add the center heading ``R307-208. Outdoor Wood Boilers'' and the
entry ``R307-208'' in numerical order;
0
iii. Add the center heading ``R307-230. NOX Emission Limits
for Natural Gas-Fired Water Heaters'' and the entry ``R307-230'' in
numerical order;
0
iv. Add the center heading ``R307-304. Solvent Cleaning'' and the entry
``R307-304'' in numerical order;
0
v. Revise the center heading ``R307-335. Degreasing and Solvent
Cleaning Operations'' to read ``R307-335. Degreasing'' and the entry
``R307-335''; and
0
vi. Revise the entries ``R307-343'', ``R307-344'', ``R307-345'',
``R307-346'', ``R307-347'', ``R307-348'', ``R307-349'', ``R307-350'',
``R307-351'', ``R307-352'', ``R307-353'', ``R307-354'', and ``R307-
355''.
0
b. In the table in paragraph (e):
0
i. Revise the entries ``Section X.B. Davis County'' and ``Section X.E.
Weber County''.
The revisions and additions read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State Final rule citation,
Rule No. Rule title effective date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-110. General Requirements: State Implementation Plan
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-110-32................ Section X, Vehicle 3/4/2020 [insert Federal Excluding appendix D.
Inspection and Register citation],
Maintenance Program, 7/1/2024.
Part B, Davis County.
* * * * * * *
R307-110-35................ Section X, Vehicle 3/4/2020 [insert Federal Excluding appendix F.
Inspection and Register citation],
Maintenance Program, 7/1/2024.
Part E, Weber County.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-208. Outdoor Wood Boilers
----------------------------------------------------------------------------------------------------------------
R307-208................... Outdoor Wood Boilers. 4/10/2013 [insert Federal
Register citation],
7/1/2024.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-230. NO Emission Limits for Natural Gas-Fired Water Heaters
----------------------------------------------------------------------------------------------------------------
R307-230................... NOX Emission Limits 4/3/2017 [insert Federal
for Natural Gas- Register citation],
Fired Water Heaters. 7/1/2024.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-304. Solvent Cleaning
----------------------------------------------------------------------------------------------------------------
R307-304................... Solvent Cleaning..... 12/6/2017 [insert Federal
Register citation],
7/1/2024.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-335. Degreasing
----------------------------------------------------------------------------------------------------------------
R307-335................... Degreasing........... 10/29/2017 [insert Federal
Register citation],
7/1/2024.
[[Page 54361]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-343. Emissions Standards for Wood Furniture Manufacturing Operations
----------------------------------------------------------------------------------------------------------------
R307-343................... Emissions Standards 12/6/2017 [insert Federal
for Wood Furniture Register citation],
Manufacturing 7/1/2024.
Operations.
----------------------------------------------------------------------------------------------------------------
R307-344. Paper, Film, & Foil Coatings
----------------------------------------------------------------------------------------------------------------
R307-344................... Paper, Film, & Foil 12/6/2017 [insert Federal
Coatings. Register citation],
7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-345. Fabric & Vinyl Coatings
----------------------------------------------------------------------------------------------------------------
R307-345................... Fabric & Vinyl 12/6/2017 [insert Federal
Coatings. Register citation],
7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-346. Metal Furniture Surface Coatings
----------------------------------------------------------------------------------------------------------------
R307-346................... Metal Furniture 12/6/2017 [insert Federal
Surface Coatings. Register citation],
7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-347. Large Appliance Surface Coatings
----------------------------------------------------------------------------------------------------------------
R307-347................... Large Appliance 12/6/2017 [insert Federal
Surface Coatings. Register citation],
7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-348. Magnet Wire Coatings
----------------------------------------------------------------------------------------------------------------
R307-348................... Magnet Wire Coatings. 12/6/2017 [insert Federal
Register citation],
7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-349. Flat Wood Panel Coatings
----------------------------------------------------------------------------------------------------------------
R307-349................... Flat Wood Panel 12/6/2017 [insert Federal
Coatings. Register citation],
7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-350. Miscellaneous Metal Parts & Products Coatings
----------------------------------------------------------------------------------------------------------------
R307-350................... Miscellaneous Metal 12/6/2017 [insert Federal
Parts & Products Register citation],
Coatings. 7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-351. Graphic Arts
----------------------------------------------------------------------------------------------------------------
R307-351................... Graphic Arts......... 12/6/2017 [insert Federal
Register citation],
7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-352. Metal Container, Closure & Coatings
----------------------------------------------------------------------------------------------------------------
R307-352................... Metal Container, 12/6/2017 [insert Federal
Closure & Coatings. Register citation],
7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-353. Plastic Parts Coatings
----------------------------------------------------------------------------------------------------------------
R307-353................... Plastic Parts 12/6/2017 [insert Federal
Coatings. Register citation],
7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-354. Automotive Refinishing Coatings
----------------------------------------------------------------------------------------------------------------
R307-354................... Automotive 12/6/2017 [insert Federal
Refinishing Coatings. Register citation],
7/1/2024.
----------------------------------------------------------------------------------------------------------------
R307-355. Control of Emissions from Aerospace Manufacture & Rework Facilities
----------------------------------------------------------------------------------------------------------------
R307-355................... Control of Emissions 12/6/2017 [insert Federal
from Aerospace Register citation],
Manufacture & Rework 7/1/2024.
Facilities.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 54362]]
----------------------------------------------------------------------------------------------------------------
State
Rule title effective date Final rule citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
X. Vehicle Inspection and Maintenance Program
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section X.B. Davis County..................... 3/4/2020 [insert Federal Register
citation], 7/1/2024.
* * * * * * *
Section X.E. Weber County..................... 3/4/2020 [insert Federal Register
citation], 7/1/2024.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2024-14136 Filed 6-28-24; 8:45 am]
BILLING CODE 6560-50-P
