Rule2021-14195
Approval and Promulgation of Implementation Plans; Utah; 2017 Base Year Inventories for the 2015 8-Hour Ozone National Ambient Air Quality Standard for the Uinta Basin, Northern Wasatch Front and Southern Wasatch Front Nonattainment Areas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2021
Effective
August 5, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Utah. The revision fulfills the base year inventory requirement for the 2015 8- hour ozone national ambient air quality standard (NAAQS) for the Uinta Basin, Northern Wasatch Front, and Southern Wasatch Front nonattainment areas (NAAs). Utah submitted the base year emissions inventories to meet, in part, the nonattainment requirements for Marginal ozone NAAs under the 2015 8-hour ozone NAAQS. EPA is taking this action pursuant to sections 110, 172, and 182 of the Clean Air Act (CAA).
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 126 (Tuesday, July 6, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Rules and Regulations]
[Pages 35404-35406]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14195]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2020-0646; FRL-10025-28-Region 8]
Approval and Promulgation of Implementation Plans; Utah; 2017
Base Year Inventories for the 2015 8-Hour Ozone National Ambient Air
Quality Standard for the Uinta Basin, Northern Wasatch Front and
Southern Wasatch Front Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Utah. The
revision fulfills the base year inventory requirement for the 2015 8-
hour ozone national ambient air quality standard (NAAQS) for the Uinta
Basin, Northern Wasatch Front, and Southern Wasatch Front nonattainment
areas (NAAs). Utah submitted the base year emissions inventories to
meet, in part, the nonattainment requirements for Marginal ozone NAAs
under the 2015 8-hour ozone NAAQS. EPA is taking this action pursuant
to sections 110, 172, and 182 of the Clean Air Act (CAA).
DATES: This rule is effective on August 5, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0646. All documents in the docket are
listed on the <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Matthew Lang, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, telephone number: (303) 312-6709, email address:
<a href="/cdn-cgi/l/email-protection#b1ddd0dfd69fdcd0c5c5d9d4c6f1d4c1d09fd6dec7"><span class="__cf_email__" data-cfemail="c8a4a9a6afe6a5a9bcbca0adbf88adb8a9e6afa7be">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our April
1, 2021 proposal.\1\ We proposed to approve the 2017 base year
inventories for the 2015 8-hour ozone NAAQS for the Uinta Basin,
Northern Wasatch Front, and Southern Wasatch Front Marginal NAAs
because the State prepared the inventories in accordance with the
requirements in sections 172(c)(3) and 182(a)(1) \2\ of the CAA and its
implementing regulations, including those at 40 CFR 51.1315. EPA is
finalizing its proposed approval of Utah's 2017 base year inventories
for the 2015 8-hour ozone NAAQS for the Uinta Basin, Northern Wasatch
Front, and Southern Wasatch Front Marginal NAAs. With this final
rulemaking Utah will have met one of three requirements stemming from
the Marginal nonattainment designation of the Uinta Basin, Northern
Wasatch Front, and Southern Wasatch Front areas.
---------------------------------------------------------------------------
\1\ Approval and Promulgation of Implementation Plans; Utah;
2017 Base Year Inventories for the 2015 8-hour Ozone National
Ambient Air Quality Standard for the Uinta Basin, Northern Wasatch
Front and Southern Wasatch Front Nonattainment Areas, 86 FR 17106
(April 1, 2021).
\2\ 42 U.S.C. 7502(c)(3), 7511a(a)(1).
---------------------------------------------------------------------------
II. Response to Comments
EPA held a 30-day comment period on the proposed rulemaking
beginning on April 1, 2021 and closing on May 3, 2021. We received one
supportive comment letter from the Utah Petroleum Association (UPA),
which focused on the Uinta Basin NAA. Our response to UPA's comment
letter is below.
Comment summary: UPA states that it supports EPA's approval of the
base year inventory, specifically supports the choice of 2017 as the
base year, and supports use of an emissions inventory from a National
Emissions Inventory year. UPA also commends the Utah Division of Air
Quality for its decision to include a separate oil and gas source
category in the base year, which UPA says improves transparency of
critical information needed to understand ozone formation in the Uinta
Basin.
UPA also raises two areas of concern: (1) The lack of an
opportunity to comment on the base year inventory for tribal lands
within the Uinta Basin NAA; and (2) the need to be able to adjust the
base year inventory based on evolving research and calculation methods.
UPA explains that Utah's base year inventory includes only State-
controlled lands, but tribal lands in the Uinta Basin include
significant emissions sources, and UPA is not aware of any opportunity
to comment on a base year inventory for the tribal lands. Further, UPA
states that studies relevant to the emissions inventory are ongoing and
recommends that EPA allow updates to the base year inventory to account
for this evolving research. In particular, UPA states that such an
update is important for determining the adequacy of future Reasonable
Further Progress (RFP) emission reductions as well as for photochemical
modeling.
Response: We thank UPA for the supportive comment letter and we
agree with UPA that Utah's SIP revision included the appropriate base
year and was otherwise based on the most current and accurate
information available to the State at the time the inventories were
developed. With respect to UPA's concern regarding a lack of
opportunity to comment on an inventory for sources on tribal land, we
note that an inventory of emissions from Indian country sources is
outside of the scope of this rulemaking. As explained in EPA's proposed
rule, and repeated above, EPA is approving Utah's SIP submission
because the base year inventories therein accord with the requirements
in sections 172(c)(3) and 182(a)(1) of the CAA and its implementing
regulations, including those at 40 CFR 51.1315.
Similarly, we thank UPA for informing us of ongoing studies related
to emissions in the Uinta Basin NAA. The inventories submitted by the
State of Utah were based on the most current and accurate information
available to the State at the time that the inventories were developed.
If, at any point in the future, Utah believes that a revision to the
base year inventory is necessary, EPA is open to discussing that issue
with the State.\3\ At this time, however,
[[Page 35405]]
EPA cannot determine whether any future updates to the current base
year inventory would be necessary or appropriate, and such a
determination is outside the scope of this rulemaking. We also note
that, regardless of any possible update to the base year inventory,
Utah is required to submit revised inventories every three years under
section 182(a)(3)(A) of the CAA until the area is redesignated to
attainment.\4\
---------------------------------------------------------------------------
\3\ EPA generally acknowledges that in certain circumstances,
updating an already-approved base year inventory may be appropriate.
Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations, May 2017, 42 (``In the event that
updated [Rate of Progress/Reasonable Further Progress] plan(s) are
needed after initial submittal to meet the requirements of the Ozone
Implementation Rule, the [Rate of Progress/Reasonable Further
Progress] baseline NAA inventory may also need to be updated.'').
\4\ 42 U.S.C. 7511a(a)(3)(A).
---------------------------------------------------------------------------
III. Final Action
EPA is finalizing approval of Utah's 2017 base year inventories for
the 2015 8-hour ozone NAAQS for the Uinta Basin, Northern Wasatch
Front, and Southern Wasatch Front Marginal NAAs because the State
prepared the inventories in accordance with the requirements in
sections 172(c)(3) and 182(a)(1) of the CAA and its implementing
regulations, including those at 40 CFR 51.1315.
IV. 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:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
<bullet> Does not provide 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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the 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 of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 7, 2021. 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 section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: June 25, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
For the reasons set forth above, 40 CFR part 52 is amended as
follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart TT--Utah
0
2. In Sec. 52.2320, the table in paragraph (e) is amended by adding an
undesignated center heading and the entry ``Ozone (8-hour, 2015) Uinta
Basin, Northern Wasatch Front and Southern Wasatch Front 2017 Base Year
Inventories'' at the end of the table to read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(e) * * *
[[Page 35406]]
----------------------------------------------------------------------------------------------------------------
State
Rule title effective date Final rule citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Summary of Criteria Pollutant Attainment Plans
----------------------------------------------------------------------------------------------------------------
Ozone (8-hour, 2015) Uinta Basin, Northern 7/29/2020 7/6/2021, [insert Federal
Wasatch Front and Southern Wasatch Front 2017 Register citation].
Base Year Inventories.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2021-14195 Filed 7-2-21; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.