Finding of Failure To Attain and Reclassification of an Area in Utah as Serious for the 2015 Ozone National Ambient Air Quality Standards, 97545-97550 [2024-28851]
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97545
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations
a. Remove and reserve paragraphs
(c)(1)(i) and (c)(1)(ii); and
■ b. Revise paragraph (c)(1)(v).
The revisions read as follows:
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§ 52.119 Identification of plan—conditional
approvals.
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(c) * * *
(1) * * *
(v) The RACT demonstration titled
‘‘Analysis of Reasonably Available
Control Technology for the 2008 8-Hour
Ozone National Ambient Air Quality
Standard (NAAQS) State
Implementation Plan (RACT SIP),’’ only
those portions of the document
beginning with ‘‘Gasoline Tank Trucks
And Vapor Collection System Leaks’’ on
page 34 through the first full paragraph
on page 35, and Appendix C: CTG
RACT Spreadsheet, the rows beginning
with ‘‘Gasoline Tank Trucks and Vapor
Collection System Leaks’’ on page 65,
through ‘‘Service Stations—Stage I’’ on
pages 67–69. This demonstration
represents the RACT requirement for the
following source categories: Control of
Volatile Organic Compound Leaks from
Gasoline Tank Trucks and Vapor
Collection Systems (EPA–450/2–78–
051); and Design Criteria for Stage I
Vapor Control Systems—Gasoline
Service Stations (EPA–450/R–75–102).
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3. In § 52.120, paragraph (c), Table 4,
revise the entries for ‘‘Rule 350’’ and
‘‘Rule 351’’ to read as follows:
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§ 52.120
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Identification of plan.
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(c) * * *
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TABLE 4 TO PARAGRAPH (c)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
County citation
State
effective date
Title/subject
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Additional
explanation
EPA approval date
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Post-July 1998 Rule Codification
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Regulation III—Control of Air Contaminants
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Rule 350 ................
Rule 351 ................
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Storage and Transfer of Organic Liquids (Non-Gasoline)
at an Organic Liquid Distribution (OLD) Facility.
Storage and Loading of Gasoline at Bulk Gasoline Plants
and at Bulk Gasoline Terminals.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R08–OAR–2024–0552; FRL–12458–
01–R8]
Finding of Failure To Attain and
Reclassification of an Area in Utah as
Serious for the 2015 Ozone National
Ambient Air Quality Standards
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November 18, 2020
December 9, 2024, [INSERT
FIRST PAGE OF FEDERAL
REGISTER CITATION].
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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date. The effect of failing to attain by the
applicable attainment date is that the
area will be reclassified by operation of
law to ‘‘Serious’’ nonattainment for the
2015 ozone NAAQS on, the effective
date of this final rule. This action fulfills
the EPA’s obligation under the Clean
Air Act (CAA) to determine whether
ozone nonattainment areas attained the
NAAQS by the Moderate area
attainment date and to publish a
document in the Federal Register
identifying each area that is determined
as having failed to attain and identifying
the reclassification.
DATES:
This rule is effective January 8,
EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2024–0552. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
ADDRESSES:
The Environmental Protection
Agency (EPA) is determining that the
Northern Wasatch Front, UT area failed
to attain the 2015 ozone National
Ambient Air Quality Standards
(NAAQS) by the applicable attainment
SUMMARY:
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2025.
AGENCY:
15:13 Dec 06, 2024
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December 9, 2024, [INSERT
FIRST PAGE OF FEDERAL
REGISTER CITATION].
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[FR Doc. 2024–28537 Filed 12–6–24; 8:45 am]
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November 18, 2020
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Submitted electronically on December 3, 2020, as an attachment to a letter dated
November 24, 2020.
Submitted electronically on December 3, 2020, as an attachment to a letter dated
November 24, 2020.
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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:
Amanda Brimmer, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–AQ–R, 1595 Wynkoop Street,
Denver, Colorado 80202–1129,
telephone number: (303) 312–6323,
email address: brimmer.amanda@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
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I. Overview of Action
The EPA is required to determine
whether areas designated nonattainment
for an ozone NAAQS attained the
standard by the applicable attainment
date, and to take certain steps for areas
that failed to attain (see CAA section
181(b)(2)). The EPA’s determination of
attainment for the 2015 ozone NAAQS
is based on a nonattainment area’s
design value (DV) as of the attainment
date.1
The 2015 ozone NAAQS is met at an
EPA regulatory monitoring site when
the DV does not exceed 0.070 parts per
million (ppm). For Moderate
nonattainment areas for the 2015 ozone
NAAQS, such as the area addressed in
this action, the attainment date was
August 3, 2024. 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 (i.e.,
December 31, 2023, in the case of
Moderate nonattainment areas for the
2015 ozone NAAQS). Accordingly, the
EPA’s determinations for each Moderate
area are based upon the complete,
quality-assured, and certified ozone
monitoring data from calendar years
2021, 2022, and 2023.
This action addresses the Northern
Wasatch Front area in Utah, which was
classified as Moderate for the 2015
ozone NAAQS as of the Moderate area
attainment date of August 3, 2024. The
EPA is finding that the Northern
Wasatch Front Moderate area did not
attain by the attainment date, because
the area’s 2021–2023 DV was 0.077 ppm
which is greater than 0.070 ppm. Under
CAA section 181(b)(2)(A), the effect of
this determination is that this area will
be reclassified by operation of law as
Serious on the effective date of this final
rule. The reclassified area will then be
subject to the Serious area requirement
to attain the 2015 ozone NAAQS as
expeditiously as practicable, but not
later than August 3, 2027.
As a result of the area’s
reclassification as Serious, Utah must
submit to the EPA the state
implementation plan (SIP) revisions for
this area that satisfy the statutory and
regulatory requirements applicable to
Serious areas established in CAA
1 A DV 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 data handling conventions
for calculating DVs for the 2015 ozone NAAQS are
specified in appendix U to 40 CFR part 50. 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.
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section 182(c) and in the 2015 Ozone
NAAQS SIP Requirements Rule (see 83
FR 62998, December 6, 2018). The EPA
is establishing deadlines for submitting
SIP revisions for these reclassified areas
in a separate action.
II. What is the background for this
action?
On October 26, 2015, the EPA issued
its final action to revise the NAAQS for
ozone to establish a new 8-hour
standard (see 80 FR 65452, October 26,
2015). In that action, the EPA
promulgated identical tighter primary
and secondary ozone standards
designed to protect public health and
welfare that specified an 8-hour ozone
level of 0.070 ppm. Specifically, the
standards require that the 3-year average
of the annual fourth highest daily
maximum 8-hour average ozone
concentration may not exceed 0.070
ppm.
Effective on August 3, 2018, the EPA
designated 52 areas throughout the
country as nonattainment for the 2015
ozone NAAQS (see 83 FR 25776, June
4, 2018). 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 (see 83 FR 10376, May
8, 2018). Consistent with CAA section
181(a), the EPA established the
attainment date for Marginal, Moderate,
and Serious nonattainment areas as 3
years, 6 years, and 9 years, respectively,
from the effective date of the final
designations. Thus, the attainment date
for Marginal nonattainment areas for the
2015 ozone NAAQS was August 3,
2021, the attainment date for Moderate
areas was August 3, 2024, and the
attainment date for Serious areas is
August 3, 2027. On October 7, 2022 (87
FR 60897), the EPA determined that 22
areas, including the Northern Wasatch
Front area addressed in this action, did
not attain the standards by the Marginal
attainment date, and these areas were
reclassified as Moderate by operation of
law.
III. What is the statutory authority for
this action?
The statutory authority for this
determination is provided by the CAA,
as amended (42 U.S.C. 7401 et seq.).
Relevant portions of the CAA include
sections 107, 181 and 182.
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 each area is not meeting (or is
contributing to air quality in a nearby
area that is not meeting) the NAAQS,
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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 based on the
extent of the ozone problem in the area
(as determined based on the area’s DV).
Classifications for ozone nonattainment
areas are ‘‘Marginal,’’ ‘‘Moderate,’’
‘‘Serious,’’ ‘‘Severe,’’ and ‘‘Extreme,’’ in
order of stringency. CAA section 182
provides the specific attainment
planning and additional requirements
that apply to each ozone nonattainment
area based on its classification.
Section 181(b)(2)(A) of the CAA
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. Under CAA section 181(a)(5)
and 40 CFR 51.1307, on application by
any state, the EPA may grant a 1-year
extension to the attainment date when
certain criteria are met. One criterion for
a first attainment date extension is that
an area’s fourth highest daily maximum
8-hour value for the attainment year
must not exceed the level of the
standard.
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.2 Section 181(b)(2)(B) of the CAA
requires the EPA to publish the
determination of failure to attain and
accompanying reclassification in the
Federal Register no later than 6 months
after the attainment date, which in the
case of the Moderate nonattainment area
considered in this determination is
February 3, 2025.
Once an area is reclassified, each state
that contains a reclassified area is
2 The nonattainment area named in this action
that failed to attain by the attainment date is being
classified to the next higher classification, Serious.
It does not have a DV that would otherwise place
it in a higher classification.
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Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations
required to submit certain SIP revisions
in accordance with the more stringent
classification. The SIP revisions are
intended to, among other things,
demonstrate how the area will attain the
NAAQS as expeditiously as practicable,
but no later than August 3, 2027, the
Serious area attainment date for the
2015 ozone NAAQS. Per CAA section
182(i), a state with a reclassified ozone
nonattainment area must submit the
applicable attainment plan requirements
‘‘according to the schedules prescribed
in connection with such requirements’’
in CAA section 182(c) for Serious areas,
but the EPA ‘‘may adjust applicable
deadlines (other than attainment dates)
to the extent such adjustment is
necessary or appropriate to assure
consistency among the required
submissions.’’ EPA is addressing the SIP
revision and implementation deadlines
for newly reclassified Serious areas, as
well as the continued applicability of
Moderate area requirements that this
area may not yet have met, in a separate
rulemaking.
IV. How does EPA determine whether
an area has attained the standard?
The level of the 2015 ozone NAAQS
is 0.070 ppm.3 Under 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 ozone concentration (i.e., the
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. Each
area’s DV is determined by the highest
DV among monitors with valid DVs.4
The data handling convention in 40 CFR
part 50 appendix U states that
concentrations are to be reported in
ppm to the third decimal place, with
additional digits to the right being
truncated. Thus, a 3-year average ozone
concentration of 0.071 ppm is greater
than 0.070 ppm and would exceed the
standard, but a 3-year average ozone
concentration of 0.0709 ppm is
truncated to 0.070 ppm and attains the
2015 ozone NAAQS.
The EPA’s determination of whether
the Northern Wasatch Front attained the
standard is based on hourly ozone
concentration data for calendar years
2021, 2022 and 2023 that have been
collected and quality-assured in
accordance with 40 CFR part 58 and
reported to the EPA’s Air Quality
System (AQS) database.5
State and local monitoring network
plans are subject to approval by the EPA
on an annual basis, and any interim
modifications to those plans must also
be approved by the EPA.6 The annual
monitoring network plan process is
provided in 40 CFR 58.10 and the
requirements governing system
modifications and monitor
discontinuations are laid out in 40 CFR
58.14. Where state or local agencies seek
to modify the ambient air quality
monitoring networks by discontinuing a
monitor station, the EPA may approve
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such modifications subject to the
criteria established in 40 CFR 58.14(c).
The EPA may not approve such
discontinuation if doing so would
compromise data collection needed for
implementation of a NAAQS. If a
monitor has been discontinued subject
to 40 CFR 58.14 such that the
discontinuation results in insufficient
data to calculate a valid DV according
to appendix U to 40 CFR part 50, EPA
will determine the applicable area’s
attainment status based on the
remaining monitors in the area.
V. What is EPA’s determination for the
area?
The EPA is determining that the
Northern Wasatch Front Moderate
nonattainment area failed to attain the
2015 ozone NAAQS by the attainment
date of August 3, 2024. As shown in
table 1, at least one monitor in this area
had a 2021–2023 DV greater than 0.070
ppm; in fact, all of the area’s monitors
had a 2021–2023 DV greater than 0.070
ppm. The EPA has further determined
that this area did not meet the
requirements under section 181(a)(5)(B)
and 40 CFR 51.1307 necessary to grant
a 1-year extension of the attainment
date, because at least one monitor had
a 2023 fourth highest daily maximum 8hour average that was greater than 0.070
ppm. Table 1 shows the annual fourth
highest daily maximum 8-hour average
ozone concentration and 2021–2023 DV
for each monitor in the Northern
Wasatch Front area.
TABLE 1—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN
VALUES AT ALL MONITORS IN THE NORTHERN WASATCH FRONT AREA
AQS site ID
Fourth highest daily maximum 8-hour
average ozone concentration
(ppm)
County
2021
490110004
490352005
490353006
490353010
490353013
490353014
........................................
........................................
........................................
........................................
........................................
........................................
Bountiful Viewmont ..........................
Copper View .....................................
Hawthorne ........................................
Rose Park ........................................
Herriman #3 .....................................
Lake Park .........................................
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3 See
40 CFR 50.19.
to appendix U to 40 CFR part 50,
ambient monitoring sites with a DV of 0.070 ppm
or less must meet minimum data completeness
requirements in order to be considered valid. These
requirements are met for a 3-year period at a site
if daily maximum 8-hour average ozone
concentrations are available for at least 90% of the
days within the ozone monitoring season, on
average, for the 3-year period, with a minimum of
at least 75% of the days within the ozone
monitoring season in any one year. Ozone
4 According
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0.082
0.086
0.081
0.079
0.087
0.082
monitoring seasons are defined for each state in
appendix D to 40 CFR part 58. DVs greater than
0.070 ppm are considered to be valid regardless of
the data completeness.
5 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
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2022
2021–2023 DV
(ppm)
2023
0.075
0.074
0.072
0.075
0.071
0.072
0.073
0.073
0.072
0.070
0.068
0.072
0.076
0.077
0.075
0.074
0.075
0.075
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. Access is through the
website at https://www.epa.gov/aqs.
6 Annual monitoring network plans for each state
are available at https://www.epa.gov/amtic/statemonitoring-agency-annual-air-monitoring-plansand-network-assessments.
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VI. What action is EPA taking?
Pursuant to CAA section 181(b)(2),
the EPA is determining that the
Northern Wasatch Front area failed to
attain the 2015 ozone NAAQS by the
applicable attainment date of August 3,
2024. Therefore, upon the effective date
of this final action, this area will be
reclassified by operation of law to
Serious nonattainment for the 2015
ozone NAAQS. Once reclassified as
Serious, this area will be required to
attain the standard ‘‘as expeditiously as
practicable’’ but no later than 9 years
after the initial designation as
nonattainment, which in this case
would be no later than August 3, 2027.
The Administrative Procedure Act
(APA) provides that when an agency for
good cause finds that notice and public
procedures are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. 5
U.S.C. 553(b)(B). The EPA has
determined that there is good cause for
making this final agency action without
prior proposal and opportunity for
comment, because our action to
determine whether this area has
attained the NAAQS by the attainment
date is governed, per CAA section
181(b)(2)(A), solely by area design
values as of that date. The area DVs
relied upon in this document are
calculations based on the certified air
quality monitoring data governed by
EPA’s regulations at 40 CFR part 58 and
involve no exercise of judgment or
discretion. Thus, notice and public
procedures are unnecessary to take this
action. The EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(B).
VII. Statutory and Executive Order
Reviews
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A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive Order
14094 (88 FR 21879, April 11, 2023).
B. Paperwork Reduction Act (PRA)
This rule does not impose an
information collection burden under the
provisions of the PRA of 1995 (44 U.S.C.
3501 et seq.). This action does not
contain any information collection
activities and serves only to make a final
determination that the Northern
Wasatch Front nonattainment area
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failed to attain the 2015 ozone standards
by the August 3, 2024, attainment date,
as a result of which the area will be
reclassified as Serious nonattainment
for the 2015 ozone standards by
operation of law upon the effective date
of this final reclassification action.
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 (5 U.S.C. 601 et seq.).
This action will not impose any
requirements on small entities. The
determination of failure to attain the
2015 ozone standards (and resulting
reclassifications), do not in and of
themselves create any new requirements
beyond what is mandated by the CAA.
This final action would require the state
to adopt and submit SIP revisions to
satisfy CAA requirements and would
not itself directly regulate any small
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. The 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.
However, it will neither impose
substantial direct compliance costs on
federally recognized Tribal
governments, nor preempt Tribal law.
The EPA has identified one Tribal
area within the nonattainment area
covered by this final rule, that would
potentially be affected by this
rulemaking. Specifically, the Skull
Valley Band of Goshute Indians is
within the Northern Wasatch Front,
Utah nonattainment area.
The EPA has concluded that the
proposed rule may have Tribal
implications for this Tribe for the
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purposes of Executive Order 13175 but
would not impose substantial direct
costs upon the Tribe, nor would it
preempt Tribal law. As noted
previously, a Tribe that is part of an area
that is reclassified from Moderate to
Serious nonattainment is not required to
submit a Tribal Implementation Plan
(TIP) revision to address new Serious
area requirements. However, when the
EPA finalizes the determinations of
failure to attain in this action, the
nonattainment new source review
(NNSR) major source threshold and
offset requirements would change for
stationary sources seeking
preconstruction permits in any
nonattainment areas newly reclassified
as Serious.
The EPA will communicate with the
potentially affected Tribe located within
the boundary of the Northern Wasatch
Front nonattainment area addressed in
this action, including offering
government-to-government
consultation, as appropriate.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying to those regulatory actions that
concern environmental health or safety
risks that 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 (66 FR 28355, May 22,
2001) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
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agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. Executive Order
14096 (Revitalizing Our Nation’s
Commitment to Environmental Justice
for All, 88 FR 25251, April 26, 2023)
builds on and supplements E.O. 12898
and defines EJ as, among other things,
the just treatment and meaningful
involvement of all people, regardless of
income, race, color, national origin,
Tribal affiliation, or disability in agency
decision-making and other Federal
activities that affect human health and
the environment.
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.
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 E.O. 12898/14096
of achieving environmental justice for
communities with EJ concerns.
K. Congressional Review Act
This rule is exempt from the CRA
because it is a rule of particular
applicability. The rule makes factual
determinations for an identified entity
(Northern Wasatch Front, UT area),
based on facts and circumstances
specific to that entity. The
determinations of attainment and failure
to attain the 2015 ozone NAAQS do not
in themselves create any new
requirements beyond what is mandated
by the CAA.
L. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 7, 2025. Filing a
petition for reconsideration by the
Administrator of this action 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
this 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 81
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 4, 2024.
KC Becker,
Regional Administrator, Region 8.
For the reasons stated in the
preamble, title 40 CFR part 81 is
amended as follows:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
2. In § 81.345, the table entitled
‘‘Utah—2015 8-Hour Ozone NAAQS
[Primary and Secondary]’’ is amended
by revising the entry for ‘‘Northern
Wasatch Front, UT’’ to read as follows:
■
§ 81.345
*
*
Utah.
*
*
*
UTAH—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
ddrumheller on DSK120RN23PROD with RULES1
Designated area 1
Northern Wasatch Front, UT ................................................................................
Weber County (part):
All portions of Weber County west of and including Townships 5, 6,
and that portion of 7 North Range 1 West that are west of the
ridgeline that traces the Wasatch Mountains from the southeast
corner of the township to the easternmost extension of the county
boundary within the township.
Tooele County (part):
In Tooele County, the following Townships or portions thereof as
noted (including Tooele City):
Township 1 South Range 3 West.
Township 2 South Range 3 West.
Township 3 South Range 3 West.
Township 3 South Range 4 West.
Township 2 South Range 4 West.
Township 2 South Range 5 West.
Township 3 South Range 5 West.
Township 3 South Range 6 West.
Township 2 South Range 6 West.
Township 1 South Range 6 West.
Township 1 South Range 5 West.
Township 1 South Range 4 West.
Township 1 South Range 7 West.
Township 2 South Range 7 West.
Township 3 South Range 7 West.
All sections within Township 4 South Range 7 West except for
sections 29, 30, 31 and 32.
Township 4 South Range 6 West.
Township 4 South Range 5 West.
Township 4 South Range 4 West.
Township 4 South Range 3 West.
Salt Lake County.
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97550
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations
UTAH—2015 8-HOUR OZONE NAAQS—Continued
[Primary and Secondary]
Designation
Classification
Designated area 1
Date 2
Date 2
Type
Type
Davis County.
*
*
*
*
*
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
*
*
*
*
*
[FR Doc. 2024–28851 Filed 12–6–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R07–UST–2024–0452; FRL–12274–
03–R7]
Nebraska: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or Act), the Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
of Nebraska’s Underground Storage
Tank (UST) program submitted by the
Nebraska State Marshal (NSFM). This
action also codifies EPA’s approval of
Nebraska’s State program and
incorporates by reference those
provisions of the State regulations that
we have determined meet the
requirements for approval. The
provisions will be subject to EPA’s
inspection and enforcement authorities
under the RCRA and other applicable
statutory and regulatory provisions.
DATES: This rule is effective February 7,
2025, unless EPA receives adverse
comment by January 8, 2025. If EPA
receives adverse comments, it will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. The
incorporation by reference of certain
publications listed in the regulations is
approved by the Director of the Federal
Register, as of February 7, 2025, in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:13 Dec 06, 2024
Jkt 265001
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: blankenship.marie@epa.gov.
Instructions: Direct your comments to
Docket ID No. EPA–R07–UST–2024–
0452.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or email. The
Federal https://www.regulations.gov
website is an ‘‘anonymous access’’
system, which means the EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to the EPA
without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and also with
any disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties, and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. EPA encourages electronic
submittals, but if you are unable to
submit electronically, please reach out
to the EPA contact person listed in the
document for assistance.
Docket: All documents in the docket
are listed in the https://
PO 00000
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Fmt 4700
Sfmt 4700
www.regulations.gov index. Although
listed in the index, some information
might not be publicly available, e.g., CBI
or other information whose disclosure is
restricted by statute. Publicly available
docket materials are available
electronically through https://
www.regulations.gov.
IBR and supporting material: You can
view and copy the documents that form
the basis for this codification and
associated publicly available materials
either through https://
www.regulations.gov or by contacting
Marie Blankenship at (913) 551–7908 or
blankenship.marie@epa.gov. Please call
or email the contact listed above if you
need access to material indexed but not
provided in the docket.
FOR FURTHER INFORMATION CONTACT:
Marie Blankenship, Tanks, Toxics, and
Pesticides Branch, Land, Chemical, and
Redevelopment Division, U.S.
Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219; telephone
number: (913) 551–7908; email address:
blankenship.marie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Nebraska’s
Underground Storage Tank Program
A. Why are revisions to State programs
necessary?
States that have received final
approval from the EPA under section
9004(b) of RCRA, 42 U.S.C. 6991c(b),
must maintain an underground storage
tank program that is no less stringent
than the Federal UST program. Either
EPA or the approved State initiate
program revision. When EPA makes
revisions to the regulations that govern
the UST program, States must revise
their programs to comply with the
updated regulations and submit these
revisions to the EPA for approval.
Program revision may be necessary
when the controlling Federal or State
statutory or regulatory authority is
modified or when responsibility for the
State program is shifted to a new agency
or agencies.
E:\FR\FM\09DER1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97545-97550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28851]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R08-OAR-2024-0552; FRL-12458-01-R8]
Finding of Failure To Attain and Reclassification of an Area in
Utah as Serious for the 2015 Ozone National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is determining that
the Northern Wasatch Front, UT area failed to attain the 2015 ozone
National Ambient Air Quality Standards (NAAQS) by the applicable
attainment date. The effect of failing to attain by the applicable
attainment date is that the area will be reclassified by operation of
law to ``Serious'' nonattainment for the 2015 ozone NAAQS on, the
effective date of this final rule. This action fulfills the EPA's
obligation under the Clean Air Act (CAA) to determine whether ozone
nonattainment areas attained the NAAQS by the Moderate area attainment
date and to publish a document in the Federal Register identifying each
area that is determined as having failed to attain and identifying the
reclassification.
DATES: This rule is effective January 8, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2024-0552. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Amanda Brimmer, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-AQ-R, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, telephone number: (303) 312-6323, email
address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
[[Page 97546]]
I. Overview of Action
The EPA is required to determine whether areas designated
nonattainment for an ozone NAAQS attained the standard by the
applicable attainment date, and to take certain steps for areas that
failed to attain (see CAA section 181(b)(2)). The EPA's determination
of attainment for the 2015 ozone NAAQS is based on a nonattainment
area's design value (DV) as of the attainment date.\1\
---------------------------------------------------------------------------
\1\ A DV 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 data handling
conventions for calculating DVs for the 2015 ozone NAAQS are
specified in appendix U to 40 CFR part 50. 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.
---------------------------------------------------------------------------
The 2015 ozone NAAQS is met at an EPA regulatory monitoring site
when the DV does not exceed 0.070 parts per million (ppm). For Moderate
nonattainment areas for the 2015 ozone NAAQS, such as the area
addressed in this action, the attainment date was August 3, 2024.
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 (i.e., December 31, 2023, in the case
of Moderate nonattainment areas for the 2015 ozone NAAQS). Accordingly,
the EPA's determinations for each Moderate area are based upon the
complete, quality-assured, and certified ozone monitoring data from
calendar years 2021, 2022, and 2023.
This action addresses the Northern Wasatch Front area in Utah,
which was classified as Moderate for the 2015 ozone NAAQS as of the
Moderate area attainment date of August 3, 2024. The EPA is finding
that the Northern Wasatch Front Moderate area did not attain by the
attainment date, because the area's 2021-2023 DV was 0.077 ppm which is
greater than 0.070 ppm. Under CAA section 181(b)(2)(A), the effect of
this determination is that this area will be reclassified by operation
of law as Serious on the effective date of this final rule. The
reclassified area will then be subject to the Serious area requirement
to attain the 2015 ozone NAAQS as expeditiously as practicable, but not
later than August 3, 2027.
As a result of the area's reclassification as Serious, Utah must
submit to the EPA the state implementation plan (SIP) revisions for
this area that satisfy the statutory and regulatory requirements
applicable to Serious areas established in CAA section 182(c) and in
the 2015 Ozone NAAQS SIP Requirements Rule (see 83 FR 62998, December
6, 2018). The EPA is establishing deadlines for submitting SIP
revisions for these reclassified areas in a separate action.
II. What is the background for this action?
On October 26, 2015, the EPA issued its final action to revise the
NAAQS for ozone to establish a new 8-hour standard (see 80 FR 65452,
October 26, 2015). In that action, the EPA promulgated identical
tighter primary and secondary ozone standards designed to protect
public health and welfare that specified an 8-hour ozone level of 0.070
ppm. Specifically, the standards require that the 3-year average of the
annual fourth highest daily maximum 8-hour average ozone concentration
may not exceed 0.070 ppm.
Effective on August 3, 2018, the EPA designated 52 areas throughout
the country as nonattainment for the 2015 ozone NAAQS (see 83 FR 25776,
June 4, 2018). 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 (see 83 FR 10376, May 8,
2018). Consistent with CAA section 181(a), the EPA established the
attainment date for Marginal, Moderate, and Serious nonattainment areas
as 3 years, 6 years, and 9 years, respectively, from the effective date
of the final designations. Thus, the attainment date for Marginal
nonattainment areas for the 2015 ozone NAAQS was August 3, 2021, the
attainment date for Moderate areas was August 3, 2024, and the
attainment date for Serious areas is August 3, 2027. On October 7, 2022
(87 FR 60897), the EPA determined that 22 areas, including the Northern
Wasatch Front area addressed in this action, did not attain the
standards by the Marginal attainment date, and these areas were
reclassified as Moderate by operation of law.
III. What is the statutory authority for this action?
The statutory authority for this determination is provided by the
CAA, as amended (42 U.S.C. 7401 et seq.). Relevant portions of the CAA
include sections 107, 181 and 182.
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 each 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 based on the extent of the ozone problem in the area (as
determined based on the area's DV). Classifications for ozone
nonattainment areas are ``Marginal,'' ``Moderate,'' ``Serious,''
``Severe,'' and ``Extreme,'' in order of stringency. CAA section 182
provides the specific attainment planning and additional requirements
that apply to each ozone nonattainment area based on its
classification.
Section 181(b)(2)(A) of the CAA 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. Under CAA section 181(a)(5) and 40
CFR 51.1307, on application by any state, the EPA may grant a 1-year
extension to the attainment date when certain criteria are met. One
criterion for a first attainment date extension is that an area's
fourth highest daily maximum 8-hour value for the attainment year must
not exceed the level of the standard.
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.\2\ Section
181(b)(2)(B) of the CAA requires the EPA to publish the determination
of failure to attain and accompanying reclassification in the Federal
Register no later than 6 months after the attainment date, which in the
case of the Moderate nonattainment area considered in this
determination is February 3, 2025.
---------------------------------------------------------------------------
\2\ The nonattainment area named in this action that failed to
attain by the attainment date is being classified to the next higher
classification, Serious. It does not have a DV that would otherwise
place it in a higher classification.
---------------------------------------------------------------------------
Once an area is reclassified, each state that contains a
reclassified area is
[[Page 97547]]
required to submit certain SIP revisions in accordance with the more
stringent classification. The SIP revisions are intended to, among
other things, demonstrate how the area will attain the NAAQS as
expeditiously as practicable, but no later than August 3, 2027, the
Serious area attainment date for the 2015 ozone NAAQS. Per CAA section
182(i), a state with a reclassified ozone nonattainment area must
submit the applicable attainment plan requirements ``according to the
schedules prescribed in connection with such requirements'' in CAA
section 182(c) for Serious areas, but the EPA ``may adjust applicable
deadlines (other than attainment dates) to the extent such adjustment
is necessary or appropriate to assure consistency among the required
submissions.'' EPA is addressing the SIP revision and implementation
deadlines for newly reclassified Serious areas, as well as the
continued applicability of Moderate area requirements that this area
may not yet have met, in a separate rulemaking.
IV. How does EPA determine whether an area has attained the standard?
The level of the 2015 ozone NAAQS is 0.070 ppm.\3\ Under 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 ozone concentration (i.e., the 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. Each area's DV is determined by
the highest DV among monitors with valid DVs.\4\ The data handling
convention in 40 CFR part 50 appendix U states that concentrations are
to be reported in ppm to the third decimal place, with additional
digits to the right being truncated. Thus, a 3-year average ozone
concentration of 0.071 ppm is greater than 0.070 ppm and would exceed
the standard, but a 3-year average ozone concentration of 0.0709 ppm is
truncated to 0.070 ppm and attains the 2015 ozone NAAQS.
---------------------------------------------------------------------------
\3\ See 40 CFR 50.19.
\4\ According to appendix U to 40 CFR part 50, ambient
monitoring sites with a DV of 0.070 ppm or less must meet minimum
data completeness requirements in order to be considered valid.
These requirements are met for a 3-year period at a site if daily
maximum 8-hour average ozone concentrations are available for at
least 90% of the days within the ozone monitoring season, on
average, for the 3-year period, with a minimum of at least 75% of
the days within the ozone monitoring season in any one year. Ozone
monitoring seasons are defined for each state in appendix D to 40
CFR part 58. DVs greater than 0.070 ppm are considered to be valid
regardless of the data completeness.
---------------------------------------------------------------------------
The EPA's determination of whether the Northern Wasatch Front
attained the standard is based on hourly ozone concentration data for
calendar years 2021, 2022 and 2023 that have been collected and
quality-assured in accordance with 40 CFR part 58 and reported to the
EPA's Air Quality System (AQS) database.\5\
---------------------------------------------------------------------------
\5\ 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. Access is through the website
at https://www.epa.gov/aqs.
---------------------------------------------------------------------------
State and local monitoring network plans are subject to approval by
the EPA on an annual basis, and any interim modifications to those
plans must also be approved by the EPA.\6\ The annual monitoring
network plan process is provided in 40 CFR 58.10 and the requirements
governing system modifications and monitor discontinuations are laid
out in 40 CFR 58.14. Where state or local agencies seek to modify the
ambient air quality monitoring networks by discontinuing a monitor
station, the EPA may approve such modifications subject to the criteria
established in 40 CFR 58.14(c). The EPA may not approve such
discontinuation if doing so would compromise data collection needed for
implementation of a NAAQS. If a monitor has been discontinued subject
to 40 CFR 58.14 such that the discontinuation results in insufficient
data to calculate a valid DV according to appendix U to 40 CFR part 50,
EPA will determine the applicable area's attainment status based on the
remaining monitors in the area.
---------------------------------------------------------------------------
\6\ Annual monitoring network plans for each state are available
at https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments.
---------------------------------------------------------------------------
V. What is EPA's determination for the area?
The EPA is determining that the Northern Wasatch Front Moderate
nonattainment area failed to attain the 2015 ozone NAAQS by the
attainment date of August 3, 2024. As shown in table 1, at least one
monitor in this area had a 2021-2023 DV greater than 0.070 ppm; in
fact, all of the area's monitors had a 2021-2023 DV greater than 0.070
ppm. The EPA has further determined that this area did not meet the
requirements under section 181(a)(5)(B) and 40 CFR 51.1307 necessary to
grant a 1-year extension of the attainment date, because at least one
monitor had a 2023 fourth highest daily maximum 8-hour average that was
greater than 0.070 ppm. Table 1 shows the annual fourth highest daily
maximum 8-hour average ozone concentration and 2021-2023 DV for each
monitor in the Northern Wasatch Front area.
Table 1--2021-2023 Fourth Highest Daily Maximum 8-Hour Average Ozone Concentrations and Design Values at All
Monitors in the Northern Wasatch Front Area
----------------------------------------------------------------------------------------------------------------
Fourth highest daily maximum 8-hour average
ozone concentration (ppm) 2021-2023 DV
AQS site ID County ------------------------------------------------ (ppm)
2021 2022 2023
----------------------------------------------------------------------------------------------------------------
490110004..................... Bountiful 0.082 0.075 0.073 0.076
Viewmont.
490352005..................... Copper View..... 0.086 0.074 0.073 0.077
490353006..................... Hawthorne....... 0.081 0.072 0.072 0.075
490353010..................... Rose Park....... 0.079 0.075 0.070 0.074
490353013..................... Herriman #3..... 0.087 0.071 0.068 0.075
490353014..................... Lake Park....... 0.082 0.072 0.072 0.075
----------------------------------------------------------------------------------------------------------------
[[Page 97548]]
VI. What action is EPA taking?
Pursuant to CAA section 181(b)(2), the EPA is determining that the
Northern Wasatch Front area failed to attain the 2015 ozone NAAQS by
the applicable attainment date of August 3, 2024. Therefore, upon the
effective date of this final action, this area will be reclassified by
operation of law to Serious nonattainment for the 2015 ozone NAAQS.
Once reclassified as Serious, this area will be required to attain the
standard ``as expeditiously as practicable'' but no later than 9 years
after the initial designation as nonattainment, which in this case
would be no later than August 3, 2027.
The Administrative Procedure Act (APA) provides that when an agency
for good cause finds that notice and public procedures are
impracticable, unnecessary or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. 5 U.S.C. 553(b)(B). The EPA has determined that there
is good cause for making this final agency action without prior
proposal and opportunity for comment, because our action to determine
whether this area has attained the NAAQS by the attainment date is
governed, per CAA section 181(b)(2)(A), solely by area design values as
of that date. The area DVs relied upon in this document are
calculations based on the certified air quality monitoring data
governed by EPA's regulations at 40 CFR part 58 and involve no exercise
of judgment or discretion. Thus, notice and public procedures are
unnecessary to take this action. The EPA finds that this constitutes
good cause under 5 U.S.C. 553(b)(B).
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Order 14094 (88 FR
21879, April 11, 2023).
B. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the PRA of 1995 (44 U.S.C. 3501 et seq.). This action
does not contain any information collection activities and serves only
to make a final determination that the Northern Wasatch Front
nonattainment area failed to attain the 2015 ozone standards by the
August 3, 2024, attainment date, as a result of which the area will be
reclassified as Serious nonattainment for the 2015 ozone standards by
operation of law upon the effective date of this final reclassification
action.
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 (5
U.S.C. 601 et seq.). This action will not impose any requirements on
small entities. The determination of failure to attain the 2015 ozone
standards (and resulting reclassifications), do not in and of
themselves create any new requirements beyond what is mandated by the
CAA. This final action would require the state to adopt and submit SIP
revisions to satisfy CAA requirements and would not itself directly
regulate any small 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. The 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. However, it will neither
impose substantial direct compliance costs on federally recognized
Tribal governments, nor preempt Tribal law.
The EPA has identified one Tribal area within the nonattainment
area covered by this final rule, that would potentially be affected by
this rulemaking. Specifically, the Skull Valley Band of Goshute Indians
is within the Northern Wasatch Front, Utah nonattainment area.
The EPA has concluded that the proposed rule may have Tribal
implications for this Tribe for the purposes of Executive Order 13175
but would not impose substantial direct costs upon the Tribe, nor would
it preempt Tribal law. As noted previously, a Tribe that is part of an
area that is reclassified from Moderate to Serious nonattainment is not
required to submit a Tribal Implementation Plan (TIP) revision to
address new Serious area requirements. However, when the EPA finalizes
the determinations of failure to attain in this action, the
nonattainment new source review (NNSR) major source threshold and
offset requirements would change for stationary sources seeking
preconstruction permits in any nonattainment areas newly reclassified
as Serious.
The EPA will communicate with the potentially affected Tribe
located within the boundary of the Northern Wasatch Front nonattainment
area addressed in this action, including offering government-to-
government consultation, as appropriate.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern environmental
health or safety risks that 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 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
[[Page 97549]]
agencies to identify and address ``disproportionately high and adverse
human health or environmental effects'' of their actions on communities
with environmental justice (EJ) concerns to the greatest extent
practicable and permitted by law. Executive Order 14096 (Revitalizing
Our Nation's Commitment to Environmental Justice for All, 88 FR 25251,
April 26, 2023) builds on and supplements E.O. 12898 and defines EJ as,
among other things, the just treatment and meaningful involvement of
all people, regardless of income, race, color, national origin, Tribal
affiliation, or disability in agency decision-making and other Federal
activities that affect human health and the environment.
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. 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 E.O. 12898/14096 of achieving environmental justice for
communities with EJ concerns.
K. Congressional Review Act
This rule is exempt from the CRA because it is a rule of particular
applicability. The rule makes factual determinations for an identified
entity (Northern Wasatch Front, UT area), based on facts and
circumstances specific to that entity. The determinations of attainment
and failure to attain the 2015 ozone NAAQS do not in themselves create
any new requirements beyond what is mandated by the CAA.
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 7, 2025. Filing a petition for
reconsideration by the Administrator of this action 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 this 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 81
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: December 4, 2024.
KC Becker,
Regional Administrator, Region 8.
For the reasons stated in the preamble, title 40 CFR part 81 is
amended as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. In Sec. 81.345, the table entitled ``Utah--2015 8-Hour Ozone NAAQS
[Primary and Secondary]'' is amended by revising the entry for
``Northern Wasatch Front, UT'' to read as follows:
Sec. 81.345 Utah.
* * * * *
Utah--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -----------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Northern Wasatch Front, UT........ ........... Nonattainment.............. 11/8/2025 Serious.
Weber County (part):
All portions of Weber
County west of and
including Townships 5, 6,
and that portion of 7
North Range 1 West that
are west of the ridgeline
that traces the Wasatch
Mountains from the
southeast corner of the
township to the
easternmost extension of
the county boundary
within the township.
Tooele County (part):
In Tooele County, the
following Townships or
portions thereof as noted
(including Tooele City):
Township 1 South Range
3 West.
Township 2 South Range
3 West.
Township 3 South Range
3 West.
Township 3 South Range
4 West.
Township 2 South Range
4 West.
Township 2 South Range
5 West.
Township 3 South Range
5 West.
Township 3 South Range
6 West.
Township 2 South Range
6 West.
Township 1 South Range
6 West.
Township 1 South Range
5 West.
Township 1 South Range
4 West.
Township 1 South Range
7 West.
Township 2 South Range
7 West.
Township 3 South Range
7 West.
All sections within
Township 4 South
Range 7 West except
for sections 29, 30,
31 and 32.
Township 4 South Range
6 West.
Township 4 South Range
5 West.
Township 4 South Range
4 West.
Township 4 South Range
3 West.
Salt Lake County.
[[Page 97550]]
Davis County.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2024-28851 Filed 12-6-24; 8:45 am]
BILLING CODE 6560-50-P
