[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46417-46420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21111]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2016-0620; FRL-9968-74-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revisions to Ozone Offset Requirements in Davis and Salt
Lake Counties
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) revisions submitted
by the State of Utah on August 20, 2013, and on June 29, 2017. The
submittals revise the portions of the Utah Administrative Code (UAC)
that pertain to ozone offset requirements in Davis and Salt Lake
Counties for major sources. This action is being taken under section
110 of the Clean Air Act (CAA) (Act).
DATES: This final rule is effective on November 6, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification Number EPA-R08-OAR-2016-0620. All documents in
the docket are listed on the http://www.regulations.gov index. Although
listed in the index, some information may not be publicly available,
e.g., Confidential Business Information or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. The EPA requests that you contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 20, 2013, with supporting administrative documentation
submitted on September 12, 2013, Utah sent the EPA revisions to their
nonattainment permitting regulations, specifically to address EPA
identified deficiencies in those regulations that may also affect the
EPA's ability to approve Utah's fine particulate matter
(PM2.5) SIP. These revisions addressed R307-403-1 (Purpose
and Definitions), R307-403-2 (Applicability), R307-403-11 (Actual
Plant-wide Applicability Limits (PALs)), and R307-420 (Ozone Offset
Requirements in Davis and Salt Lake Counties). On June 2, 2016, the EPA
entered into a consent decree with the Center for Biological Diversity,
Center for Environmental Health, and Neighbors for Clean Air regarding
a failure to act, pursuant to CAA sections 110(k)(2)-(4), on certain
complete SIP submissions from states intended to address specific
requirements related to the 2006 p.m.2.5 NAAQS for certain
nonattainment areas, including the submittal from the Governor of Utah
dated August 20, 2013.
On February 3, 2017, the EPA published a final rulemaking (82 FR
9138) to conditionally approve the revisions in Utah's August 20, 2013
submittal, except for the revisions to R307-420. The submittal did not
contain the appropriate supporting documentation required for the EPA
to take action on R307-420. As a result, the EPA requested an extension
for taking action on R307-420, and on December 20, 2016, the EPA was
granted an extension which moved the deadline for taking final action
on R307-420 from January 3, 2017, to September 29, 2017 (See docket).
Utah submitted on June 29, 2017, an additional SIP revision that
addresses the lack of appropriate supporting documentation for R307-
420.
II. Response to Comments
No comments were received on our July 14, 2017 notice of proposed
rulemaking (82 FR 32517).
III. Final Action
The EPA is taking final action to approve Utah's revisions to R307-
420 and R307-403-6, as submitted on August 20, 2013, and June 29, 2017.
R307-420 maintains the offset provisions of the nonattainment area new
source review (NNSR) permitting program in Salt Lake and Davis Counties
after the area is re-designated to attainment for ozone. R307-420 also
establishes more stringent offset requirements for nitrogen oxides that
may be triggered as a contingency measure under Utah's ozone
maintenance plan. R307-420 was also modified to include the definitions
and applicability provisions of R307-403 (Permits: New and Modified
Sources in Nonattainment Areas and Maintenance Areas) to ensure that
the definitions and applicability provisions in R307-420 are consistent
with related permitting rules in R307-403. The EPA is taking final
action to approve these revisions.
On August 20, 2013, Utah submitted revisions to the definitions in
the NNSR program that addressed certain deficiencies in the program.
Utah also submitted revisions to the corresponding definitions in R307-
420. As explained in our proposed rulemaking published on July 14, 2017
(82 FR 32517), since the EPA had not received the 1999 rulemaking that
created R307-420 as a SIP submittal, we were unable to take action on
the revisions to R307-420 in our February 3, 2017 (82 FR 9138) final
rulemaking for Utah's revisions to Nonattainment Permitting
Regulations.
Utah's June 29, 2017 submittal addressed this issue by submitting
the 1999 rule revisions that created R307-420 and modified R307-403-6.
As these rule revisions preserve the ozone maintenance plan
requirements for offsets and contingency measures in Salt Lake and
Davis Counties while improving the clarity of those requirements, we
proposed to approve the 1999 rule revisions on July 14, 2017 (82 FR
32517). We also proposed to approve the remaining portion of the August
20, 2013 submittal.
The EPA is taking final action to approve the subsequent revisions
to R307-420, submitted on August 20, 2013, that Utah promulgated to
ensure that the definitions and applicability provisions in R307-420
are consistent with related permitting rules in R307-403. For the
reasons explained in our July 14, 2017 notice of proposed rulemaking,
the definitions and applicability provisions in R307-403 are consistent
with requirements for NNSR programs found in 40 CFR 51.165. While R307-
420 is part of the ozone maintenance plan for Salt Lake and Davis
Counties and not part of the NNSR program, and therefore, not directly
subject to the requirements in 40 CFR 51.165, we view the corresponding
revisions to the definitions and applicability provisions as
strengthening the maintenance plan. Specifically, the EPA is approving
the
[[Page 46418]]
following revisions to Utah's nonattainment permitting regulations:
Table 1--Revised Sections as Public Noticed in the Utah State Bulletin
on March 1, 1999
(Submitted on June 29, 2017)
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Adds Section R307-420-1 (Purpose).
Adds Section R307-420-2 (Definitions).
Adds Section R307-420-3 (Applicability).
Adds Section R307-420-4 (General Requirements).
Adds Section R307-420-5 (Contingency Measure: Offsets for Oxides of
Nitrogen).
Revises Section R307-403-6 (Offsets: Ozone Nonattainment Areas and Davis
and Salt Lake Counties).
1. Removes the phrase: ``and Davis and Salt Lake Counties'' from title.
2. Adds the phrase: ``In any ozone nonattainment area''.
3. Adds the phrase ``42 U.S.C. 7511a''.
4. Removes the language:
``As outlined in Section 182 of the federal Clean Air Act, for moderate
areas, the emission offset ratio must be at least 1.15.1.
(1) Ozone Maintenance Plan, Salt Lake and Davis Counties. In the event
that the contingency measures described in Section IX, Part D.2.h.(3)
of the State Implementation Plan are triggered, the offset requirement
in (2) below shall apply to emissions of both volatile organic
compounds and oxides of nitrogen.
(2) The emission offset ratio must be at least 1.2.1, and offset must be
obtained for the same pollutant for which the source or modification
has been deemed ``major''.
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Table 2--Revised Sections Submitted on August 20, 2013
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R307-420-1 (Purpose) the phrase: ``Except as provided in R307-420-2, the
definitions in R307-403-1 apply to R307-420.''
R307-420-3 (Applicability) the new paragraph: (3) The applicability
provision in R307-403-2(1)(a) through (f) and R307-403-2(2)(2) through
(7) apply in R307-420.''
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Please refer to the August 20, 2013 and June 29, 2017 submittal for
further details on these revisions.
IV. Incorporation by Reference
In this rule, 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 UDAQ
rules as described in the amendments to 40 CFR part 52 set forth in
this document. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or 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 the EPA for
inclusion in the SIP, have been incorporated by reference by the EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of the
EPA's approval, and will be incorporated by reference by the Director
of the Federal Register in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
in 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, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General
[[Page 46419]]
of the United States. The EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 4, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Incorporation by reference, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 20, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart TT--Utah
0
2. Section 52.2320, paragraph (c), is amended as follows:
0
a. Under the centered heading ``R307-403. Permits: New and Modified
Sources in Nonattainment Areas and Maintenance Areas'':
0
i. By revising the table entry for ``R307-403.''
0
ii. By adding a table entry for ``R307-403-6'' in numerical order.
0
b. By adding a centered heading ``R307-420. Permits: Ozone Offset
Requirements in Davis and Salt Lake Counties'' and table entries for
``R307-420-1'', ``R307-420-2'', ``R307-420-3'', ``R307-420-4'', and
``R307-420-5'' in numerical order.
The revision and additions read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
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State effective Final rule
Rule No. Rule title date citation, date Comments
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* * * * * * *
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R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
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R307-403.................. Permits: New and 9/15/1998 71 FR 7679, 2/14/ Except for R307-403-1,
Modified Sources 2006. R307-403-2, R307-403-
in Nonattainment 6, R307-403-10, R307-
Areas and 403-11.
Maintenance Areas.
* * * * * * *
R307-403-6................ Offsets: Ozone 9/15/1998 [insert Federal .......................
Nonattainment Register
Areas. citation], 10/5/
2017.
* * * * * * *
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R307-420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
R307-420-1................ Purpose........... 3/1/1999, 7/1/2013 [insert Federal .......................
Register
citation], 10/5/
2017.
R307-420-2................ Definitions....... 3/1/1999, 7/1/2013 [insert Federal .......................
Register
citation], 10/5/
2017.
R307-420-3................ Applicability..... 3/1/1999, 7/1/2013 [insert Federal .......................
Register
citation], 10/5/
2017.
R307-420-4................ General 3/1/1999, 7/1/2013 [insert Federal .......................
Requirements. Register
citation], 10/5/
2017.
R307-420-5................ Contingency 3/1/1999, 7/1/2013 [insert Federal .......................
Measure: Offsets Register
for Oxides of citation], 10/5/
Nitrogen. 2017.
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[FR Doc. 2017-21111 Filed 10-4-17; 8:45 am]
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