Rule2024-28851

Finding of Failure To Attain and Reclassification of an Area in Utah as Serious for the 2015 Ozone National Ambient Air Quality Standards

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
December 9, 2024
Effective
January 8, 2025

Issuing agencies

Environmental Protection Agency

Abstract

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.

Full Text

<html>
<head>
<title>Federal Register, Volume 89 Issue 236 (Monday, December 9, 2024)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://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="https://www.regulations.gov">https://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: 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: <a href="/cdn-cgi/l/email-protection#610313080c0c04134f000c000f0500210411004f060e17"><span class="__cf_email__" data-cfemail="d2b0a0bbbfbfb7a0fcb3bfb3bcb6b392b7a2b3fcb5bda4">[email&#160;protected]</span></a>.

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 <a href="https://www.epa.gov/aqs">https://www.epa.gov/aqs</a>.
---------------------------------------------------------------------------

    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 <a href="https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments">https://www.epa.gov/amtic/state-monitoring-agency-annual-air-monitoring-plans-and-network-assessments</a>.
---------------------------------------------------------------------------

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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on December 9, 2024.

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.