Rule2026-00007
Utah; Northern Wasatch Front; 2015 8-Hour Ozone Nonattainment Area Boundary Expansion and Applicability of Certain Clean Air Act Requirements
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
January 6, 2026
Effective
February 5, 2026
Issuing agencies
Environmental Protection Agency
Abstract
U.S. Environmental Protection Agency (EPA or Agency) is approving a request to expand the boundary for the Northern Wasatch Front (NWF) 2015 8-hour ozone national ambient air quality standard (NAAQS) (2015 ozone NAAQS) nonattainment area (NAA). The request was submitted by the State of Utah on February 27, 2023. The newly expanded portion of the NWF NAA will have the same classification as the original NWF NAA under the 2015 ozone NAAQS and all applicable Clean Air Act (CAA) requirements will become applicable to the newly designated portion upon the effective date of the final action. The EPA is taking this action pursuant to the CAA.
Full Text
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<title>Federal Register, Volume 91 Issue 3 (Tuesday, January 6, 2026)</title>
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[Federal Register Volume 91, Number 3 (Tuesday, January 6, 2026)]
[Rules and Regulations]
[Pages 339-343]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00007]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R08-OAR-2025-0001; FRL-12971-02-R8]
Utah; Northern Wasatch Front; 2015 8-Hour Ozone Nonattainment
Area Boundary Expansion and Applicability of Certain Clean Air Act
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: U.S. Environmental Protection Agency (EPA or Agency) is
approving a request to expand the boundary for the Northern Wasatch
Front (NWF) 2015 8-hour ozone national ambient air quality standard
(NAAQS) (2015 ozone NAAQS) nonattainment area (NAA). The request was
submitted by the State of Utah on February 27, 2023. The newly expanded
portion of the NWF NAA will have the same classification as the
original NWF NAA under the 2015 ozone NAAQS and all applicable Clean
Air Act (CAA) requirements will become applicable to the newly
designated portion upon the effective date of the final action. The EPA
is taking this action pursuant to the CAA.
DATES: This rule is effective on February 5, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2025-0001. 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#583a2a3135353d2a76393539363c39183d2839763f372e"><span class="__cf_email__" data-cfemail="98faeaf1f5f5fdeab6f9f5f9f6fcf9d8fde8f9b6fff7ee">[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
September 25, 2025 proposal (90 FR 46128). In that document we proposed
to approve Utah's boundary expansion request for the NWF 2015 ozone
NAAQS NAA under section 107(d)(3)(D) of the CAA, submitted by the State
on February 27, 2023, as well as establish a 12-month deadline for
State Implementation Plan (SIP) revisions for certain required
elements. We received four submittals from five commenters on our
proposal and our responses to comments are below.
II. Response to Comments
Comment 1: One anonymous commenter opposed the action, stating that
granting the boundary expansion will result in less protection from air
pollution for citizens in Utah.
Response 1: The EPA disagrees with the commenter. The purpose of
the action is to incorporate additional area into the NAA which
includes additional sources that will be held to higher air pollution
standards and requirements that all other sources in the same region
are required to adhere to. The net benefit is expected to be a
reduction in ozone precursors from the US Magnesium, Limited Liability
Company (LLC) facility which is located within the NAA due to the
finalization of this action.
Comment 2: Multiple commenters, including the State of Utah, the
Utah Petroleum Association, and the Utah Mining Association, expressed
support of the action, including support of the limited revisions of
SIP elements and the proposed timeline for submittal.
Response 2: The EPA appreciates the State's and industry's support
of this action.
Comment 3: One commenter claimed that the EPA applied
``Administrative Procedure Act (APA) 553(b) good cause provisions'' and
did not accept public comment before finalizing the rule, resulting in
the commenter petitioning the EPA in their comments to stay the
effective date of the rule.
Response 3: The EPA disagrees with the commenter. This claim relies
on
[[Page 340]]
commenter's mistaken belief that the EPA issued a final rule with the
September 25, 2025 action. The EPA published a notice of proposed
rulemaking on September 25, 2025, not a final rule, which included a
30-day public comment period on the proposed rulemaking which closed on
October 27, 2025. In this action we are finalizing the September 25,
2025 proposed action. Based on these facts, the proposed rule was not a
final action for the commenter to petition the EPA for a stay or delay
of a yet-to-be-established effective date. Finally, the EPA is not
relying on APA 553(b) in this action.
Comment 4: One commenter erroneously claimed that the area was
being reclassified from a Serious to a Severe nonattainment area, they
stated that 30-50 facilities emitting between 25 and 49 tons per year
(tpy) of ozone precursor emissions would become major sources as a
result of this action, and argued that the EPA did not provide
sufficient analysis on the impact to these small businesses within the
NAA.
Response 4: The NWF ozone NAA is currently classified as Moderate,
and the expanded portion of the NAA will have the same classification.
The EPA is not proposing to reclassify the area to a higher
classification in this rulemaking, thus the commenter's concern about
Severe area SIP requirements becoming newly applicable is erroneous.
This commenter also expressed concern about magnitude and types of
small businesses that would newly become major sources. This is also
incorrect as the major source threshold for Moderate NAAs, which the
existing and new portion of the NAA will continue to be classified as,
is 100 tpy. The EPA expects only one facility in the new portion of the
NAA to be categorized as a major source, US Magnesium, LLC, which is
discussed in the proposed rulemaking.\1\ The EPA acknowledges that some
confusion may be due to a prior action for the NWF that reclassified
the area to Serious, but that rule was stayed by the 10th Circuit Court
of Appeals on April 30, 2025, and that rule is currently in abeyance
while the EPA reconsiders the action, resulting in the NWF retaining
its Moderate classification.\2\
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\1\ See 90 FR 46128 (Sept. 25, 2025).
\2\ See 89 FR 97545 (Dec. 9, 2024), and see 10th Circuit Court
of Appeals Decision granting stay motions and staying the Final Rule
pending the outcome of these appeals, Appellate Case: 25-9519, dated
Apr. 30, 2025.
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Comment 5: One commenter accused the EPA of not adhering to the
following statutory requirements: the Unfunded Mandates Reform Act
(UMRA), the Regulatory Flexibility Act/Small Business Regulatory
Enforcement Fairness Act (RFA/SBREFA), the Paperwork Reduction Act
(PRA), and Executive Order (E.O.) 12866.
Response 5: With regard to the UMRA, the EPA has complied by making
its own determination that this rule will not result in expenditures of
$100M+, and therefore the Agency does not need to complete a statement
under 2 U.S.C. 1532. The RFA and SBREFA are inapplicable to this
rulemaking because the EPA has certified that this rule will not have a
significant economic impact on a substantial number of small entities.
The regulatory analysis provisions of the RFA are only triggered by a
threshold determination by the Agency that this rule will have a
significant economic impact on a substantial number of small entities.
Because the Agency has certified this rule will not have a significant
economic impact, section 603 and 604 of the RFA do not apply to this
rulemaking. 5 U.S.C. 605(b). As discussed in Response 4, this
rulemaking is only expected to incorporate one large source into the
NAA, US Magnesium, LLC. The EPA has complied with the PRA by certifying
in the rule that the PRA does not apply because the action does not
involve an information collection burden as defined by the Act.\3\
Lastly, the Agency has complied with E.O. 12866 by determining that
this rulemaking is not a significant regulatory action as defined in
E.O. 12866.
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\3\ See 44 U.S.C. 3502(2).
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III. Final Action
We are approving Utah's boundary expansion request for the NWF 2015
ozone NAAQS NAA under section 107(d)(3)(D) of the CAA. This action will
expand the boundary of the existing NWF ozone NAA, adding 12 additional
western townships in Tooele County.\4\ The NAA's current classification
of Moderate and August 3, 2024 attainment date will apply to the
entirety of the newly expanded NWF ozone NAA per 40 CFR 51.1303.
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\4\ Specifically, this will include Townships 1 North Range 6-8
West, Townships 2 North Range 6-8 West, Townships 3 North Range 7-8
West, and Townships 1-4 South Range 8 West. Further, EPA is
correcting an error related to Township 4 South Range 7 West. This
should read, ``All sections within Township 4 South Range 7 West
except for section 31'', as first divisions 29, 30, and 32 do not
exist in this Township and first division 31 continues to be omitted
from the NWF ozone NAA due to being Indian Country.
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As a result of being in nonattainment for ozone, a criteria
pollutant, the CAA requires specific elements be developed and
submitted to the EPA for approval. Deadlines for ozone SIP elements are
set forth in 40 CFR 51.1402. To satisfy CAA requirements for the
requested new portion of the NAA, this action is setting a deadline of
12 months from the effective date of this rule (February 5, 2027) for
revisions of certain Marginal and Moderate SIP elements as outlined in
table 1. A detailed discussion and rationale for the proposed Marginal
and Moderate area SIP revisions is discussed in detail in our September
25, 2025 proposal and accompanying Technical Support Document (90 FR
46128).
Table 1--Required Marginal and Moderate SIP Elements
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Required to be updated for
SIP elements [CAA requirement] new portion of NAA?
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Marginal Nonattainment Areas:
Base year emissions inventory [section Yes \1\
172(c)(3); section 182(a)(1); 40 CFR
51.1315(b)]..........................
Certified Nonattainment New Source No \2\
Review (NNSR) [section 172(c)(5);
section 182(a)(4); 40 CFR 51.1314]...
Emissions Statement [section No \2\
182(a)(3)(B)]........................
Moderate Nonattainment Areas:
Baseline emissions inventory [section Yes
182(b)(1)(B); 40 CFR 51.1310(b)].....
15% Rate of Progress (ROP)/Reasonable Yes
Further Progress (RFP) [section
172(c)(2); section 182(b)(1)(A); 40
CFR 51.1310(a)]......................
Major Source Reasonably Available Yes
Control Technology (RACT) for newly
designated major sources [section
182(b)(2)(C); 40 CFR 51.1312(b)].....
Non-major source Control Techniques Yes
Guidelines (CTG) RACT [section
182(b)(2)(A)-(B); 40 CFR 51.1312(a)].
Modeled attainment demonstration No
[section 182(b)(1); 40 CFR 51.1308(a)-
(c)].................................
[[Page 341]]
Reasonably Available Control Measures No
[section 172(c)(1); 40 CFR
51.1308(d); 40 CFR 51.1312(c)].......
Contingency measures [section No
172(c)(9)]...........................
Motor vehicle inspection and No
maintenance (I/M) program [section
182(b)(4); 40 CFR 51.372(b)(2)]......
Moderate New Source Review (NSR) No \2\
Offsets [section 182(b)(5)]..........
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\1\ See 86 FR 35405 (Jul. 6, 2021).
\2\ See 87 FR 24275 (Apr. 25, 2022).
IV. Statutory Authority and Procedural Requirements
The statutory authority for the requested NAA boundary expansion is
provided by the CAA, as amended (42 U.S.C. 7401, et seq.). For areas
seeking to change the boundary of an already designated NAA, CAA
section 107(d)(3)(D) states, ``The Governor of any state may, on the
Governor's own motion, submit to the Administrator a revised
designation of any area or portion thereof within the State. Within 18
months of receipt of a complete state redesignation submittal, the
Administrator shall approve or deny such redesignation. The submission
of a redesignation by a Governor shall not affect the effectiveness or
enforceability of the applicable implementation plan for the State.''
The State was not required to take public comment on the requested
boundary expansion.
State of Utah, section 19-2-104 of the Utah Code gives the Utah Air
Quality Board the authority to promulgate rules ``regarding the
control, abatement, and prevention of air pollution from all sources
and the establishment of the maximum quantity of air pollutants that
may be emitted by an air pollutant source.'' The Utah Division of Air
Quality (UDAQ) develops, prepares, and submits SIPs to the Utah Air
Quality Board for consideration and promulgation. UDAQ is the primary
State agency responsible for the development and implementation of SIPs
once they are approved by the Utah Air Quality Board, and associated
administrative rules, as required by the CAA.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a significant regulatory action as defined in
Executive Order 12866 and was therefore not subject to a requirement
for Executive Order 12866 review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because NAA boundary revision actions under the CAA
are exempt from review under Executive Order 12866;
C. Paperwork Reduction Act
This final rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.).
D. Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601, et seq.).
E. 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. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or Tribal governments, or to the private sector, will
result from this action.
F. 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.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000), requires the
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.'' This rule does not have Tribal
implications, as specified in Executive Order 13175. It will not have
substantial direct effects on Tribal governments. Thus, Executive Order
13175 does not apply to this rule.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not 3(f)(1) significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children because it approves a state program.
I. 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.
J. National Technology Transfer Advancement Act
This rulemaking does not involve technical standards.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction.
In those areas of Indian country, the rule does not have Tribal
implications and will not impose substantial direct costs on Tribal
governments or preempt Tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
The Congressional Review Act (CRA), 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. The EPA will
[[Page 342]]
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 March 9, 2026. 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 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401, et seq.
Dated: December 16, 2025.
Cyrus M. Western,
Regional Administrator, Region 8.
For the reasons set forth in the preamble, the Environmental
Protection Agency is amending 40 CFR part 81 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, in the table ``Utah--2015 8-Hour Ozone NAAQS
[Primary and Secondary]'', revise the entry ``Northern Wasatch Front,
UT'' to read as follows:
Sec. 81.345 Utah.
* * * * *
Utah--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
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Designation Classification
Designated area \1\ ----------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
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Northern Wasatch Front, UT... ........... Nonattainment......... February 5, 2026.......... Moderate.
Davis County.
Salt Lake County.
Tooele County (part):
In Tooele County, the
following Townships
or portions thereof
as noted (including
Tooele City):
Township 1 North
Range 6 West.
Township 1 North
Range 7 West.
Township 1 North
Range 8 West.
Township 2 North
Range 6 West.
Township 2 North
Range 7 West.
Township 2 North
Range 8 West.
Township 3 North
Range 7 West.
Township 3 North
Range 8 West.
Township 1 South
Range 3 West.
Township 1 South
Range 4 West.
Township 1 South
Range 5 West.
Township 1 South
Range 6 West.
Township 1 South
Range 7 West.
Township 1 South
Range 8 West.
Township 2 South
Range 3 West.
Township 2 South
Range 4 West.
Township 2 South
Range 5 West.
Township 2 South
Range 6 West.
Township 2 South
Range 7 West.
Township 2 South
Range 8 West.
Township 3 South
Range 3 West.
Township 3 South
Range 4 West.
Township 3 South
Range 5 West.
Township 3 South
Range 6 West.
Township 3 South
Range 7 West.
Township 3 South
Range 8 West.
Township 4 South
Range 3 West.
Township 4 South
Range 4 West.
Township 4 South
Range 5 West.
Township 4 South
Range 6 West.
All sections
within Township
4 South Range 7
West except for
section 31.
Township 4 South
Range 8 West.
Weber County (part):
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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.
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\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. 2026-00007 Filed 1-5-26; 8:45 am]
BILLING CODE 6560-50-P
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