Rule2022-08697
Approval and Promulgation of Implementation Plans; Utah; Emissions Statement Rule and Nonattainment New Source Review Requirements 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
April 25, 2022
Effective
May 25, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving state implementation plan (SIP) revisions submitted by the State of Utah. The revisions fulfill the emissions statement rule and nonattainment new source review (NNSR) requirements for the 2015 8-hour ozone national ambient air quality standard (NAAQS) for the Uinta Basin, Northern Wasatch Front, and Southern Wasatch Front Marginal nonattainment areas. Utah submitted an emissions statement rule revision and a separate NNSR certification to meet, in part, the nonattainment requirements for Marginal ozone nonattainment areas under the 2015 8-hour ozone NAAQS. The State's submission of the emissions statement rule revision also included revisions to emissions reporting requirements for stationary sources, which are being approved in this final rule as well. The EPA is taking this action pursuant to sections 110, 172, and 182 of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 79 (Monday, April 25, 2022)</title>
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[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Rules and Regulations]
[Pages 24273-24275]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08697]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0775; FRL-9330-02-R8]
Approval and Promulgation of Implementation Plans; Utah;
Emissions Statement Rule and Nonattainment New Source Review
Requirements 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.
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SUMMARY: The Environmental Protection Agency (EPA) is approving state
implementation plan (SIP) revisions submitted by the State of Utah. The
revisions fulfill the emissions statement rule and nonattainment new
source review (NNSR) requirements for the 2015 8-hour ozone national
ambient air quality standard (NAAQS) for the Uinta Basin, Northern
Wasatch Front, and Southern Wasatch Front Marginal nonattainment areas.
Utah submitted an emissions statement rule revision and a separate NNSR
certification to meet, in part, the nonattainment requirements for
Marginal ozone nonattainment areas under the 2015 8-hour ozone NAAQS.
The State's submission of the emissions statement rule revision also
included revisions to emissions reporting requirements for stationary
sources, which are being approved in this final rule as well. The EPA
is taking this action pursuant to sections 110, 172, and 182 of the
Clean Air Act (CAA).
DATES: This rule is effective on May 25, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2021-0775. 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., 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#4e222f202960232f3a3a262b390e2b3e2f60292138"><span class="__cf_email__" data-cfemail="593538373e7734382d2d313c2e193c2938773e362f">[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
February 1, 2022 proposal.\1\ In that document we
[[Page 24274]]
proposed to approve the SIP revision submitted by Utah which included
changes to Rule R307-150 concerning the level of detail of inventory
data reported by certain sources as well as implementation of an annual
ozone emissions statement rule for stationary sources in ozone
nonattainment areas. Additionally, we proposed to approve the SIP
revision submitted by Utah certifying that the state's previously
approved NNSR permit program meets the requirement stemming from the
Marginal ozone nonattainment designations of the Uinta Basin, Northern
Wasatch Front, and Southern Wasatch Front areas. We proposed to approve
the revisions because they were prepared in accordance with the
requirements in sections 182(a)(3)(B), 172(c)(5) and 172(b) of the CAA.
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\1\ Approval and Promulgation of Implementation Plans; Utah;
Emissions Statement Rule and Nonattainment New Source Review
Requirements for the 2015 8-Hour Ozone National Ambient Air Quality
Standards for the Uinta Basin, Northern Wasatch Front and Southern
Wasatch Front Nonattainment Areas, 87 FR 5435 (February 1, 2022).
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EPA held a 30-day comment period on the proposed rulemaking
beginning on February 1, 2022 and closing on March 3, 2022. We did not
receive any comments on the proposed rulemaking during the comment
period.
II. Final Action
The EPA is finalizing approval of revisions to Rule R307-150
submitted by the State of Utah on November 3, 2020, including a
revision to implement an emissions statement rule which was prepared in
accordance with section 182(a)(3)(B) of the CAA. The EPA is also
finalizing approval of the NNSR permit program certification submitted
by the State of Utah on August 2, 2021, because the certified NNSR
Permit Program was prepared in accordance with requirements of sections
172(c)(5) and 173 of the CAA and fulfills the specific minimum SIP
requirements of 40 CFR 51.165.
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of
Rule R307-150 described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these materials
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 8
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by the EPA for inclusion
in the State Implementation Plan, 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
in the next update to the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 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 June 24, 2022. 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: April 11, 2022.
K.C. Becker,
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:
[[Page 24275]]
Authority: 42 U.S.C. 7401 et seq.
Subpart TT--Utah
0
2. Amend Sec. 52.2320 by:
0
a. In the table in paragraph (c):
0
i. Revising the entries ``R307-150-01'', ``R307-150-02'', ``R307-150-
03'', ``R307-150-04'', ``R307-150-05'', ``R307-150-06'', and ``R307-
150-07'' under the heading entitled ``R307-150. Emission Inventories''.
0
ii. Adding the entry ``R307-150-09''.
0
b. In the table in paragraph (e), adding the entry ``Ozone (8-hour,
2015) NNSR Certification'' under the heading entitled ``Summary of
Criteria Pollutant Attainment Plans'' at the end of the table.
The revisions and additions read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
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State Final rule citation,
Rule No. Rule title effective date date Comments
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* * * * * * *
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R307-150. Emission Inventories
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R307-150-01............ Purpose and General 9/3/2020 [insert Federal
Requirements. Register citation], 4/
25/2022.
R307-150-02............ Definitions........... 9/3/2020 [insert Federal
Register citation], 4/
25/2022.
R307-150-03............ Applicability......... 9/3/2020 [insert Federal
Register citation], 4/
25/2022.
R307-150-04............ Sulfur Dioxide 9/3/2020 [insert Federal
Milestone Inventory Register citation], 4/
Requirements. 25/2022.
R307-150-05............ Sources Identified in 9/3/2020 [insert Federal
R307-150-3(2), Large Register citation], 4/
Major Source 25/2022.
Inventory
Requirements.
R307-150-06............ Sources Identified in 9/3/2020 [insert Federal
R307-150-3(3). Register citation], 4/
25/2022.
R307-150-07............ Exempted Hazardous Air 9/3/2020 [insert Federal
Pollutants. Register citation], 4/
25/2022.
* * * * * * *
R307-150-09............ Annual Ozone Emission 9/3/2020 [insert Federal
Statement. Register citation], 4/
25/2022.
* * * * * * *
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* * * * *
(e) * * *
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State
Rule title effective date Final rule citation, date Comments
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* * * * * * *
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Summary of Criteria Pollutant Attainment Plans
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* * * * * * *
Ozone (8-hour, 2015) NNSR Certification 7/29/2021 [insert Federal Register
citation], 4/25/2022.
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[FR Doc. 2022-08697 Filed 4-22-22; 8:45 am]
BILLING CODE 6560-50-P
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