[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Proposed Rules]
[Pages 69173-69179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28359]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R08-OAR-2015-0342; FRL-9936-74-Region 8]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; Utah; Reclassification as
Serious Nonattainment for the 2006 Fine Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
reclassify to Serious the Salt Lake City, Provo, and the Logan portion
of the Logan, UT/ID nonattainment areas in Utah for the 2006 24-hour
fine particulate matter (PM2.5) National Ambient Air Quality
Standard (NAAQS). Our proposal is based on EPA's determination that the
areas cannot practicably attain this standard by the applicable
Moderate area attainment date of December 31, 2015. Upon final
reclassification as a Serious area, Utah will be required to submit a
Serious area plan for each nonattainment area, including demonstrations
that the individual plans for each area provides for attainment of the
2006 PM2.5 NAAQS by the applicable Serious area attainment
date.
DATES: Written comments must be received on or before December 9, 2015.
ADDRESSES: Submit your comments, identified by EPA-R08-OAR-2015-0342,
by one of the following methods:
http://www.regulations.gov. Follow the online instructions
for submitting comments.
Email: [email protected].
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Director, Air Program, EPA, Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
Hand Delivery: Director, Air Program, EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Such
deliveries are only accepted Monday through Friday, 8:00 a.m. to 4:30
p.m., excluding federal holidays. Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2015-0342. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means 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 EPA, without
going through http://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
[[Page 69174]]
recommends that you include your name and other contact information in
the body of your comment and 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. For
additional instructions on submitting comments, go to Section I.
General Information of the SUPPLEMENTARY INFORMATION section of this
document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly-available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Region 8,
Office of Partnerships and Regulatory Assistance, Air Program, 1595
Wynkoop Street, Denver, Colorado, 80202-1129. 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 a.m. to 4 p.m., excluding
federal holidays. An electronic copy of the State's SIP compilation is
also available at http://www.epa.gov/region8/air/sip.html.
FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6602, [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
a. Submitting CBI. Do not submit CBI to EPA through http://www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
b. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
On October 17, 2006, EPA revised the 24-hour NAAQS for
PM2.5 to provide increased protection of public health by
lowering its level from 65 micrograms per cubic meter ([micro]g/m\3\)
to 35 [micro]g/m\3\ (40 CFR 50.13).\1\ Epidemiological studies have
shown statistically significant correlations between elevated
PM2.5 levels and premature mortality. Other important health
effects associated with PM2.5 exposure include aggravation
of respiratory and cardiovascular disease (as indicated by increased
hospital admissions, emergency room visits, absences from school or
work, and restricted activity days), changes in lung function and
increased respiratory symptoms. Individuals particularly sensitive to
PM2.5 exposure include older adults, people with heart and
lung disease, and children (78 FR 3086 at 3088, January 15, 2013).
PM2.5 can be emitted directly into the atmosphere as a solid
or liquid particle (``primary PM2.5'' or ``direct
PM2.5'') or can be formed in the atmosphere as a result of
various chemical reactions among precursor pollutants such as nitrogen
oxides, sulfur oxides, volatile organic compounds, and ammonia
(``secondary PM2.5'').\2\
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\1\ See 71 FR 61224 (October 17, 2006). EPA set the first NAAQS
for PM2.5 on July 18, 1997 (62 FR 36852), including
annual standards of 15 [micro]g/m\3\ based on a 3-year average of
annual mean PM2.5 concentrations and 24-hour (daily)
standards of 65 [micro]g/m\3\ based on a 3-year average of 98th
percentile 24-hour concentrations (40 CFR 50.7). In 2012, EPA
revised the annual standard to lower its level to 12 [micro]g/m\3\
(78 FR 3086, January 15, 2013, codified at 40 CFR 50.18). Unless
otherwise noted, all references to the PM2.5 standard in
this notice are to the 2006 24-hour standard of 35 [micro]g/m\3\
codified at 40 CFR 50.13.
\2\ See EPA, Regulatory Impact Analysis for the Final Revisions
to the National Ambient Air Quality Standards for Particulate Matter
(EPA-452/R-12-005, December 2012), p. 2-1.
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Following promulgation of the new or revised NAAQS, EPA is required
by CAA section 107(d) to designate areas throughout the nation as
attaining or not attaining the NAAQS. On November 13, 2009, EPA
designated the Salt Lake City, Prove, and Logan, UT/ID areas as
nonattainment for the 2006 PM2.5 standard of 35 [micro]g/
m\3\ (74 FR 58688, November 13, 2009). This designation became
effective on December 14, 2009 (40 CFR 81.345). The Salt Lake City,
Provo, and Logan, UT/ID areas were designated unclassifiable/attainment
for the 1997 and 2012 annual PM2.5 standards. For a precise
description of the geographic boundaries of the Salt Lake City, Provo,
and Logan portion of the Logan, UT/ID PM2.5 nonattainment
areas, see 40 CFR 81.345. EPA originally designated these areas under
CAA title I, part D, subpart 1, which required the State of Utah to
submit an attainment plan for each area no later than three years from
the date of their nonattainment designations. These plans needed to
provide for the attainment of the PM2.5 standard as
expeditiously as practicable, but no later than five years from the
date the areas were designated nonattainment.
Subsequently, on January 4, 2013, the U.S. Court of Appeals for the
District of Columbia held that EPA should have implemented the 2006
PM2.5 24-hour standard based on both CAA title I, part D,
subpart 1 and subpart 4. Under subpart 4, nonattainment areas are
initially classified as Moderate, and Moderate area attainment plans
must address the requirements of subpart 4 as well as subpart 1.
Additionally, CAA subpart 4 sets a different state implementation plan
(SIP) submittal due date and attainment year. For a Moderate area, the
attainment SIP is due 18 months after designation and the attainment
year is the end of the sixth calendar year after designation. On June
2, 2014 (79 FR 31566), EPA finalized the Identification of
Nonattainment Classification and Deadlines for
[[Page 69175]]
Submission of State Implementation Plan (SIP) Provisions for the 1997
Fine Particulate (PM2.5) National Ambient Air Quality
Standard (NAAQS) and 2006 PM2.5 NAAQS (``the Classification
and Deadline Rule''). This rule classified as Moderate the areas that
were designated in 2009 as nonattainment, and set the attainment SIP
submittal due date for those areas at December 31, 2014. That rule did
not affect the Moderate area attainment date of December 31, 2015.
On March 23, 2015, EPA proposed the Fine Particulate Matter
National Ambient Air Quality Standards: State Implementation Plan
Requirements (``PM2.5 Implementation Rule''), 80 FR 15340,
which partially addresses the January 4, 2013 court ruling. This
proposed rule details how air agencies should meet the statutory SIP
requirements that apply under subparts 1 and 4 to areas designated
nonattainment for any PM2.5 NAAQS, such as: general
requirements for attainment plan due dates and attainment
demonstrations; provisions for demonstrating reasonable further
progress (RFP); quantitative milestones; contingency measures;
Nonattainment New Source Review (NNSR) permitting programs; and
reasonably available control measures (RACM) (including reasonably
available control technology (RACT)), among other things. The statutory
attainment planning requirements of subparts 1 and 4 were established
to ensure that the following goals of the CAA are met: (i) That states
implement measures that provide for attainment of the PM2.5
NAAQS as expeditiously as practicable; and, (ii) that states adopt
emissions reduction strategies that will be the most effective, and the
most cost-effective, at reducing PM2.5 levels in
nonattainment areas.
III. Potential One-Year Moderate Area Attainment Date Extensions
Under section 188(d) of the Act, a state may apply to EPA for up to
two one-year extensions of the Moderate area attainment date, which EPA
may grant if the state satisfies certain conditions. Before EPA may
extend the attainment date for a Moderate area under section 188(d),
EPA must determine that: (1) The state has complied with all
requirements and commitments pertaining to the area in the applicable
implementation plan; and (2) no more than one exceedance of the 24-hour
NAAQS level for PM10 has occurred in the area in the year
proceeding the extension year, and the annual mean concentration for
PM10 in the area for such year is less than or equal to the
standard level. The PM2.5 Implementation Rule proposes
interpretations of these provisions pertaining to PM2.5.
Currently, the only Moderate nonattainment area in Utah for which the
State has indicated they may request an extension of the Moderate area
attainment date is the Logan, UT/ID nonattainment area. Until this
action is finalized, the Logan portion of the Logan, UT/ID
nonattainment area may still qualify for this Moderate area attainment
date extension, as the year prior to the Moderate area attainment date
is 2015. EPA intends that, if the State requests an extension of the
Moderate area attainment date for the Logan portion of the Logan, UT/ID
nonattainment area before EPA finalizes this discretionary
reclassification, EPA may decide not to finalize this proposed
reclassification with respect to the Logan area only. If EPA then acts
on the State's extension request, EPA will do so through a separate
notice-and-comment rulemaking. In this proposed reclassification, we
are neither proposing nor requesting comment on a potential extension.
IV. Reclassification as Serious Nonattainment Area and Serious Area SIP
Requirements
A. Reclassification as Serious and Applicable Attainment Date
Section 188 of the Act outlines the process for classification of
PM2.5 nonattainment areas and establishes the applicable
attainment dates. EPA has historically taken the view that under the
plain meaning of the terms of section 188(b)(1) of the Act, EPA has
general authority to reclassify before the applicable attainment date
any areas that EPA determines cannot practicably attain the standard by
such date. Accordingly, section 188(b)(1) of the Act is a general
expression of delegated rulemaking authority.
The criteria for determining if an area is attaining the 2006 24-
hour PM2.5 NAAQS are set out in 40 CFR 50.13 and 40 CFR part
50, appendix N. The 2006 24-hour PM2.5 primary and secondary
standards are met when the 98th percentile 24-hour concentration, as
determined in accordance with 40 CFR part 50, Appendix N, is less than
or equal to 35 [mu]g/m\3\. To produce a valid 24-hour standard design
value, the three year average of the annual 98th percentile 24-hour
average values is required. A year meets data completeness requirements
when at least 75 percent of the scheduled sampling days for each
quarter have valid data; however, less than complete data may be used
when the resulting 24-hour design value is greater than the level of
the standard. See 4.2(b), 40 CFR part 50, appendix N. The use of less
than complete data is subject to the approval of EPA, which may
consider factors such as monitoring site closures/moves, monitoring
diligence, and nearby concentrations in determining whether to use such
data. We have reviewed recent PM2.5 monitoring data for the
Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID
nonattainment areas available in EPA's Air Quality System (AQS)
database. These data show that the 24-hour PM2.5 levels in
the Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID
nonattainment areas continue to be well above 35 [micro]g/m\3\, the
level of the 2006 PM2.5 standard, and the recent trends in
the nonattainment areas 24-hour PM2.5 levels are not
consistent with a projection of attainment by the end of 2015 (see
Table 1 below). Additionally, for these three nonattainment areas to
show attainment for the three year period of 2013-2015, the 98th
percentile for 2015 would need to be near (or below) 0 [micro]g/m\3\.
These data show that it is impracticable for these three areas to
attain the 24-hour standard by the end of 2015.
Table 1--24-Hour PM2.5 NAAQS Design Values in [mu]g/m\3\
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NAA Site AQS ID 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
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Logan portion of Logan, UT/ID NAA.. Logan, UT............. 490050004 65 64 42 36 40 43 42 37 46 45
Provo NAA.......................... Lindon, UT............ 490494001 43 44 45 44 50 41 41 32 44 42
North Provo, UT....... 490490002 39 38 37 37 42 36 35 29 45 43
Spanish Fork, UT...... 490495010 36 36 36 \1\ 34 42 39 42 35 46 44
Salt Lake City NAA................. Bountiful, UT......... 490110004 40 38 38 \1\ 35 38 38 40 34 35 38
Brigham City, UT...... 490030003 35 35 29 35 37 42 40 37 37 37
Harrisville, UT....... 490571003 36 38 35 35 38 36 37 \1\ 33 \1\ 35 n/a
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Hawthorne, UT......... 490353006 47 48 48 46 48 44 45 38 41 43
Magna, UT............. 490351001 41 40 32 29 31 33 35 30 32 35
Ogden No. 2, UT....... 490570002 40 40 36 36 40 37 40 36 39 34
Rose Park, UT......... 490353010 n/a n/a n/a n/a 37 41 41 35 39 42
Tooele City, UT....... 490450003 n/a n/a \1\ 31 22 23 26 27 24 28 29
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\1\ 40 CFR part 50, appendix N, section 4.2(b) considers design values invalid when the design value is less than or equal to the level of the NAAQS,
and one of more quarters have less than 75% data completeness.
In accordance with section 188(b)(1) of the Act, EPA is proposing
to reclassify the Salt Lake City, Provo, and the Logan portion of the
Logan, UT/ID nonattainment areas from Moderate to Serious nonattainment
for the 2006 24-hour PM2.5 standard of 35 [micro]g/m\3\,
based on EPA's determination that the Salt Lake City, Provo, and the
Logan portion of the Logan, UT/ID areas cannot practicably attain this
standard by the applicable attainment date of December 31, 2015.
Under section 188(c)(2) of the Act, the attainment date for a
Serious area ``shall be as expeditiously as practicable but no later
than the end of the tenth calendar year beginning after the areas
designation as nonattainment . . .'' The Salt Lake City, Provo, and the
Logan portion of the Logan, UT/ID areas were designated nonattainment
for the 2006 PM2.5 standard effective December 14, 2009.\3\
Therefore, upon final reclassification of the Salt Lake City, Provo,
and the Logan portion of the Logan, UT/ID areas as Serious
nonattainment areas, the latest permissible attainment date under
section 188(c)(2) of the Act, for purposes of the 2006 PM2.5
standard in these areas, will be December 31, 2019.
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\3\ See 74 FR 58688 (November 13, 2009).
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B. Clean Air Act Requirements for Serious PM2.5
Nonattainment Area Plans
Upon reclassification as Serious nonattainment areas for the 2006
PM2.5 NAAQS, Utah will be required to submit additional SIP
revisions to satisfy the statutory requirements of subpart 4 of part D,
title I of the Act.
The Serious area SIP elements that Utah will be required to submit
are as follows:
1. Provisions to assure that the best available control measures
(BACM), including best available control technologies (BACT) for
stationary sources, for the control of direct PM2.5 and
PM2.5 precursors shall be implemented no later than four
years after the area is reclassified (CAA section 189(b)(1)(B));
2. A demonstration (including air quality modeling) that the plan
provides for attainment as expeditiously as practicable but no later
than December 31, 2019, or where the state is seeking an extension of
the attainment date under section 188(e), a demonstration that
attainment by December 31, 2019 is impracticable and that the plan
provides for attainment by the most expeditious alternative date
practicable and no later than December 31, 2024 (CAA sections
188(c)(2), 188(e), and 189(b)(1)(A));
3. Plan provisions that require RFP (CAA 172(c)(2));
4. Quantitative milestones which are to be achieved every three
years until the area is redesignated attainment and which demonstrate
RFP toward attainment by the applicable date (CAA section 189(c));
5. Provisions to assure that control requirements applicable to
major stationary sources of PM2.5 also apply to major
stationary sources of PM2.5 precursors, except where the
state demonstrates to EPA's satisfaction that such sources do not
contribute significantly to PM2.5 levels that exceed the
standard in the area (CAA section 189(e));
6. A comprehensive, accurate, current inventory of actual emissions
from all sources of PM2.5 and PM2.5 precursors in
the area (CAA section 172(c)(3));
7. Contingency measures to be implemented if the area fails to meet
RFP or to attain by the applicable attainment date (CAA section
172(c)(9)); and
8. Revisions to the NNSR program to lower the applicable ``major
stationary source'' \4\ thresholds from 100 tons per year (tpy) to 70
tpy (CAA section 189(b)(3)).
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\4\ For any Serious area, the terms ``major source'' and ``major
stationary source'' include any stationary source that emits or has
the potential to emit at least 70 tons per year of PM10
(CAA section 189(b)(3)).
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As described above, EPA proposed a rulemaking to provide guidance
to states on the attainment planning requirements in subparts 1 and 4
of part D, title I of the Act that apply to areas designated
nonattainment for PM2.5 (80 FR 15340; March 23, 2015).
C. Deadline for Submittal of Serious Area Plan Elements
For an area reclassified as a Serious nonattainment area before the
applicable attainment date under CAA section 188(b)(1), section
189(b)(2) requires the State to submit the required BACM provisions
``no later than 18 months after reclassification of the area as a
Serious Area'' and to submit the required attainment demonstration ``no
later than four years after reclassification of the area to Serious.''
Section 189(b)(2) establishes outer bounds on the SIP submission
deadlines and does not preclude EPA's establishment of earlier
deadlines as necessary or appropriate to assure consistency among the
required submissions and to implement the statutory requirements.
If a final reclassification of the Salt Lake City, Provo, and Logan
portion of the Logan, UT/ID PM2.5 nonattainment areas to
Serious becomes effective by early 2016, the Act provides the State
with up to 18 months after this date (i.e., until mid-2017) to submit
the required BACM provisions. Because an up-to-date emissions inventory
serves as the foundation for a state's BACM and BACT determinations,
EPA also proposes to require the State to submit the emissions
inventory required under CAA section 172(c)(3) within 18 months after
the effective date of final reclassification. Similarly, because an
effective evaluation of BACM and BACT measures requires evaluation of
the precursor pollutants that must be controlled to provide for
expeditious attainment in the area, if the State chooses to submit an
optional precursor insignificance demonstration to support a
determination to exclude a PM2.5 precursor from the required
control measure evaluations for the area, EPA proposes to require the
State to submit any such demonstration by this same date. An 18-month
timeframe for submission of these plan elements is consistent with both
the timeframe for submission of BACM provisions under
[[Page 69177]]
CAA section 189(b)(2) and the timeframe for submission of subpart 1
plan elements under section 172(b) of the Act.\5\
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\5\ Section 172(b) requires EPA to establish, concurrent with
nonattainment area designations, a schedule extending no later than
3 years from the date of the nonattainment designation for states to
submit plans or plan revisions meeting the applicable requirements
of sections 110(a)(2) and 172(c) of the CAA.
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EPA proposes to require the State to submit the attainment
demonstration required under section 189(b)(1)(A) and the remaining
attainment-related plan elements no later than three years after the
effective date of final reclassification or by December 31, 2018,
whichever is earlier. The attainment-related plan elements that we
propose to require within the same three-year timeframe as the
attainment demonstration are: (1) The RFP demonstration required under
section 172(c)(2); (2) the quantitative milestones required under
section 189(c); (3) any additional control measures necessary to meet
the requirements of section 172(c)(6); and (4) the contingency measures
required under section 172(c)(9). Although section 189(b)(2) generally
provides for up to four years after a discretionary reclassification
for the State to submit the required attainment demonstration, it is
appropriate in this case for EPA to establish an earlier SIP submission
deadline to assure timely implementation of the statutory requirements.
As discussed in the Background section, EPA designated the Salt
Lake City, Provo, and Logan, UT/ID areas as nonattainment for the 2006
PM2.5 standard effective December 14, 2009.\6\ On January 4,
2013, the DC Circuit Court of Appeals issued its decision in NRDC
remanding EPA's 2007 PM2.5 Implementation Rule and directing
EPA to repromulgate it in accordance with the requirements of subpart
4.\7\ In response to the NRDC decision, EPA undertook a rulemaking to
classify all PM2.5 nonattainment areas as Moderate
nonattainment and begin implementing the PM2.5 NAAQS under
subpart 4. Effective July 2, 2014, EPA classified all areas previously
designated nonattainment for the 1997 and/or 2006 PM2.5
NAAQS as Moderate nonattainment under subpart 4 and established a
December 31, 2014 deadline for states to submit Moderate area SIP
elements required for these areas.\8\ These unusual circumstances have
significantly shortened the timeframes ordinarily allowed under the Act
for EPA and the states to address the statutory SIP requirements
following reclassification of an area from Moderate to Serious
nonattainment under subpart 4.\9\
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\6\ 74 FR 58688 (November 13, 2009).
\7\ NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 2013).
\8\ 79 FR 31566 (June 2, 2014). EPA notes that some states had
already made SIP submissions intended to meet applicable
nonattainment plan requirements as interpreted in the remanded 2007
PM2.5 Implementation Rule. Accordingly, the new SIP
submission deadline provided the opportunity for states to revise or
supplement their prior submissions, as necessary or appropriate to
meet subpart 4 requirements.
\9\ For areas designated nonattainment after November 15, 1990,
section 188(b)(1)(B) of the Act requires that EPA ``reclassify
appropriate areas within 18 months after the required date for the
State's submission of a SIP for the Moderate Area.'' Read together
with section 189(a)(2)(B), which requires states to submit Moderate
Area plans within 18 months after nonattainment designations,
section 188(b)(1)(B) generally contemplates that EPA would
reclassify appropriate areas as Serious nonattainment no later than
36 months (3 years) after initial nonattainment designations. Under
these circumstances, the required Serious area attainment
demonstration would normally be submitted no later than 7 years
after initial designation (4 years after reclassification), which is
3 years before the latest permissible attainment date under CAA
section 188(c)(2).
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Our proposal to require the State to submit the attainment
demonstration and other attainment-related plan elements no later than
three years after reclassification or by December 31, 2018, whichever
is earlier, is supported by the overall structure and purpose of the
attainment planning requirements in part D, title I of the Act. Section
188(b)(1) provides EPA with discretionary authority to reclassify an
area as Serious nonattainment at any time before the applicable
attainment date, based on a determination that the area cannot
practicably attain the NAAQS by the Moderate area attainment date.
Under normal circumstances, where EPA reclassifies an area within three
years after its designation as nonattainment, as contemplated in CAA
section 188(b)(1)(B),\10\ the required BACM provisions would be due no
later than 18 months after reclassification (i.e., no later than 4.5
years after designation) and the required attainment demonstration
would be due no later than four years after reclassification (i.e., no
later than seven years after designation).\11\ In these circumstances,
the Serious area attainment demonstration would be due at least three
years before the outermost Serious area attainment date for the
area,\12\ thus providing EPA with sufficient time to evaluate the
submitted plan well in advance of the statutory attainment date.
However, in situations such as this, where EPA reclassifies an area
pursuant to its discretionary reclassification authority later than
three years after the area's designation as nonattainment, it is
appropriate for EPA to consider the outermost Serious area attainment
date applicable to the area in setting a deadline for the State to
submit the required elements of the Serious area attainment plan.
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\10\ Id.
\11\ CAA section 189(b)(2). By contrast, for an area that is
reclassified as Serious by operation of law after the applicable
attainment date, which may be as late as the end of the 6th year
after the area's designation as nonattainment (CAA section
188(b)(1)), the state must submit both the BACM provisions and the
Serious area attainment demonstration no later than 18 months after
reclassification. Id.
\12\ Under CAA section 188(c)(2), the latest permissible
attainment date for a Serious PM2.5 nonattainment area is
no later than the end of the tenth calendar year beginning after the
area's designation as nonattainment.
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Upon reclassification as Serious, the Salt Lake City, Provo, and
Logan portion of the Logan, UT/ID PM2.5 nonattainment areas
will be subject to a Serious area attainment date no later than
December 31, 2019.\13\ Sections 189(b)(1)(A) and 189(c) of the Act
require the State to submit a demonstration that the plan provides for
attainment of the PM2.5 standard by this date, including
quantitative milestones which are to be achieved every three years
until the area is redesignated attainment and which demonstrate
reasonable further progress toward attainment by this date. If EPA
reclassifies the Salt Lake City, Provo, and Logan portion of the Logan,
UT/ID area effective in early 2016 and allows the State four years
following reclassification (i.e., potentially until early 2020) to
submit the attainment demonstration and related plan elements, these
Serious area plan provisions would not be due until after the latest
permissible statutory attainment date for the area (December 31, 2019)
has come and gone. Thus, under such circumstances, allowing the maximum
four-year timeframe for submission of the required attainment
demonstration and related plan elements would frustrate the statutory
design and severely constrain EPA's ability to ensure that the State is
implementing the applicable statutory requirements in a timely manner.
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\13\ Id.
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Therefore, it is appropriate for EPA to require Utah to submit the
required attainment demonstration and other attainment-related plan
elements no later than three years after final reclassification or by
December 31, 2018, whichever is earlier, so that EPA has adequate time
to review and act on the State's submission prior to the latest
permissible attainment date for the area under section 188(c)(2), which
is
[[Page 69178]]
December 31, 2019. This timeframe for the required Serious area plan
submissions is appropriate to assure consistency among the required
submissions and to implement the statutory requirements in a timely
manner.
Finally, EPA proposes to require that the State submit revised NNSR
program requirements no later than 18 months after final
reclassification. The Act does not specify a deadline for the State's
submission of SIP revisions to meet NNSR program requirements to lower
the ``major stationary source'' threshold from 100 tons per year (tpy)
to 70 tpy (CAA section 189(b)(3)) and to address the control
requirements for major stationary sources of PM2.5
precursors (CAA section 189(e)) \14\ following reclassification of a
Moderate PM2.5 nonattainment area as Serious nonattainment
under subpart 4. Pursuant to EPA's gap-filling authority in CAA section
301(a) and to effectuate the statutory control requirements in section
189 of the Act, EPA proposes to require the State to submit these NNSR
SIP revisions, as well as any necessary analysis of and additional
control requirements for major stationary sources of PM2.5
precursors, no later than 18 months after the effective date of final
reclassification of the Salt Lake City, Provo, and Logan portion of the
Logan, UT/ID area as Serious nonattainment for the 2006
PM2.5 standard. This due date will ensure that necessary
control requirements for major sources are established well in advance
of the required attainment demonstration. An 18-month timeframe for
submission of the NSR SIP revisions also aligns with the statutory
deadline for submission of BACM and BACT provisions and the broader
analysis of PM2.5 precursors for potential controls on
existing sources in the area.
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\14\ Section 189(e) requires that the control requirements
applicable to major stationary sources of PM2.5 also
apply to major stationary sources of PM2.5 precursors,
except where the state demonstrates to EPA's satisfaction that such
sources do not contribute significantly to PM2.5 levels
that exceed the standard in the area.
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V. Proposed Action
Pursuant to CAA section 188(b)(1), EPA is proposing to reclassify
the Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID
PM2.5 nonattainment areas as Serious nonattainment for the
2006 PM2.5 standard based on the Agency's determination that
the Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID
areas cannot practicably attain the 2006 PM2.5 standard by
the Moderate area attainment date of December 31, 2015. Upon final
reclassification as a Serious nonattainment area, Utah will be required
to submit, within 18 months after the effective date of
reclassification, an updated emissions inventory, an optional precursor
insignificance demonstration, and provisions to assure that BACM shall
be implemented no later than four years after the effective date of
reclassification. The due date for the remaining Serious area plan
elements will be three years after the effective date of the final
action or December 31, 2018, whichever is earlier, to reclassify the
areas. The NNSR SIP revisions will be due 18 months following
reclassification.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because it does not contain any information collection
activities.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This
proposed rule would reclassify the Salt Lake City, Provo, and the Logan
portion of the Logan, UT/ID nonattainment areas as Serious
nonattainment for the 2006 PM2.5 NAAQS, and would not itself
regulate small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, and does not significantly or uniquely
affect small governments. This proposed action would reclassify the
Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID
nonattainment areas as Serious nonattainment for the 2006
PM2.5 NAAQS, and would not itself impose any federal
intergovernmental mandate. The proposed action would not require any
tribes to submit implementation plans.
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.
F. Executive Order 13175: Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Governments'' (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' ``Policies that have Tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian Tribes.''
There are no Indian tribes located within the boundaries of the
Salt Lake City, Provo, and the Logan portion of the Logan, UT/ID
nonattainment areas for the 2006 PM2.5 NAAQS. EPA concludes
that the proposed reclassification would not have tribal implications
for the purposes of Executive Order 13175.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe disproportionately affect children, per
the definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This proposed action is not subject to Executive Order
13045 because it would only reclassify the Salt Lake City, Provo, and
the Logan portion of the Logan, UT/ID nonattainment areas as Serious
nonattainment for the 2006 PM2.5 NAAQS, triggering Serious
area planning requirements under the CAA. This proposed action does not
establish an environmental standard intended to mitigate health or
safety risks.
[[Page 69179]]
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed action is not subject to Executive Order 13211,
because it is not a significant regulatory action under Executive Order
12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA has determined that this action will not have potential
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This proposed action would only reclassify the Salt Lake
City, Provo, and the Logan portion of the Logan, UT/ID nonattainment
areas as Serious nonattainment for the 2006 PM2.5 NAAQS,
triggering additional Serious area planning requirements under the CAA.
List of Subjects in 40 CFR Part 81
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 organization compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 27, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2015-28359 Filed 11-6-15; 8:45 am]
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