
[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 885-887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31560]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0446; FRL- 9765-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Utah; Determination of Clean Data for the 1987 PM10 Standard 
for the Ogden Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing a determination that the Ogden City 
nonattainment area in Utah is currently attaining the 24-hour National 
Ambient Air Quality Standard (NAAQS) for particulate matter with an 
aerodynamic diameter of less than or equal to a nominal ten micrometers 
(PM10) based on certified, quality-assured ambient air 
monitoring data for the years 2009 through 2011. The State of Utah 
submitted a letter dated March 30, 2000, requesting EPA to make a clean 
data determination for the nonattainment

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area of Ogden City. Given our determination that the Ogden City 
nonattainment area is currently attaining the PM10 NAAQS, 
EPA is also determining that Utah's obligation to make submissions to 
meet certain Clean Air Act (CAA) requirements related to attainment of 
the NAAQS is not applicable for as long as the Ogden City nonattainment 
area continues to attain the NAAQS. This action is being taken under 
the CAA.

DATES: This final rule is effective on February 6, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2012-0446. All documents in the docket are listed in 
the 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 www.regulations.gov or in hard copy at the Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. EPA requests that if at all possible, 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, 8:00 a.m. to 4:00 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Crystal Freeman, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6602, 
freeman.crystal@epa.gov.

SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The initials AQS mean or refer to EPA's Air Quality System 
database.
    (iii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iv) The initials NAAQS mean or refer to National Ambient Air 
Quality Standard.
    (v) The initials PM10 mean or refer to particulate matter with an 
aerodynamic diameter equal to or less than 10 micrometers (coarse 
particulate matter).
    (vi) The initials RACM mean or refer to reasonably available 
control measures.
    (vii) The initials RFP mean or refer to reasonable further 
progress.
    (viii) The initials SIP mean or refer to State Implementation Plan.
    (ix) The words State or Utah mean the State of Utah, unless the 
context indicates otherwise.
    (x) The initials UDEQ mean or refer to Utah Department of 
Environmental Quality.

Table of Contents

    I. EPA's Proposed Action
    II. Response to Comments
    III. EPA Action
    IV. Statutory and Executive Order Reviews

I. EPA's Proposed Action

    On July 30, 2012, EPA proposed to find that the Ogden City 
nonattainment area is currently attaining the 24-hour PM10 
NAAQS based on certified and quality-assured data from the most recent 
three-year period, 2009 through 2011, and to suspend certain CAA 
requirements related to attainment for so long as the area continues to 
attain the standard. See 77 FR 44544; (July 30, 2012).
    To summarize our proposed rule, we described the 24-hour 
PM10 NAAQS, which is 150 micrograms per cubic meter ([mu]g/
m\3\), and reviewed the designation and classification of the Ogden 
City nonattainment area for that standard. We then discussed how EPA 
makes attainment determinations for PM10 and indicated that 
the 24-hour PM10 NAAQS is attained when the expected number 
of exceedances averaged over a three-year period is less than or equal 
to one at the monitoring site within the nonattainment area. See 40 CFR 
part 50, appendix K.
    We described Utah Department of Environmental Quality's (UDEQ's) 
one PM10 monitoring site in the Ogden City nonattainment 
area. We noted that UDEQ has certified the data it submits to EPA's Air 
Quality System (AQS) database as quality-assured.
    Next, we reviewed the ambient PM10 data collected at the 
monitor site in the Ogden City nonattainment area for the most recent 
three-year period, 2009 through 2011. We concluded that the area is 
attaining the PM10 standard because the expected number of 
exceedances per year for 2009 through 2011 for the Ogden City 
nonattainment area was equal to 1.0. For additional information on the 
PM10 NAAQS, the designation and classification of the Ogden 
City nonattainment area, the monitoring site, and the data we relied on 
for our clean data determination, please see 77 FR 44544.
    In conjunction with, and based on, our proposed determination that 
the Ogden City nonattainment area is currently attaining the 
PM10 NAAQS, EPA proposed to determine that Utah's obligation 
to submit revisions to the Utah State Implementation Plan (SIP) to meet 
the following CAA requirements is not applicable for so long as the 
Ogden City nonattainment area continues to attain the PM10 
standard: The part D, subpart 4 obligation to provide an attainment 
demonstration pursuant to section 189(a)(1)(B); the reasonably 
available control measure (RACM) requirements of section 189(a)(1)(C); 
the reasonable further progress (RFP) requirements of section 189(c); 
and the attainment demonstration, RACM, RFP, and contingency measure 
requirements of part D, subpart 1 contained in section 172. We proposed 
to suspend these SIP requirements based on application of the Clean 
Data Policy to the Ogden City nonattainment area. In doing so, we noted 
that our application of the Clean Data Policy to the Ogden City 
nonattainment area is consistent with a number of actions we have taken 
for other PM10 nonattainment areas that we also determined 
were attaining the NAAQS. For a detailed explanation of our Clean Data 
Policy and its application to the Ogden City nonattainment area, please 
see 77 FR 44544.

II. Response to Comments

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments from the public.

III. EPA Action

    No comments were submitted to change our assessment of the 2009 
through 2011 ambient PM10 data collected in the Ogden City 
nonattainment area and related finding that the area is attaining the 
NAAQS, or our application of the Clean Data Policy as described in our 
proposed action. Therefore, EPA is finalizing its determination that 
the Ogden City nonattainment area in Utah is currently attaining the 
NAAQS for PM10.
    EPA is also taking final action to determine that Utah's obligation 
to make SIP submissions to meet the following CAA requirements is not 
applicable for as long as the Ogden City nonattainment area continues 
to attain the PM10 NAAQS: The part D, subpart 4 obligation 
to provide an attainment demonstration pursuant to section 
189(a)(1)(B); the RACM requirements of section 189(a)(1)(C); the RFP

[[Page 887]]

requirements of section 189(c); and the attainment demonstration, RACM, 
RFP, and contingency measure requirements of part D, subpart 1 
contained in section 172.
    This final action does not constitute a redesignation to attainment 
under CAA section 107(d)(3) because Utah has not submitted a 
maintenance plan and EPA has not approved such a plan for the Ogden 
City nonattainment area as meeting the requirements of section 175A of 
the CAA, nor has EPA determined that Utah has met the other CAA 
requirements for redesignation. The classification and designation 
status in 40 CFR part 81 remains moderate nonattainment for the Ogden 
City nonattainment area until such time as EPA determines that Utah has 
met the CAA requirements for redesignating the Ogden City nonattainment 
area to attainment.

IV. Statutory and Executive Order Reviews

    With this action, we are making a determination regarding 
attainment of the PM10 NAAQS based on air quality data and, 
based on this determination, suspending certain Federal requirements. 
Therefore, this action would not impose additional requirements beyond 
those imposed by State law or by the CAA. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed action does not have Tribal implications 
as specified by Executive Order 13175 (65 FR 67249; November 9, 2000), 
because the determinations discussed herein do not apply to Indian 
Tribes and thus will not impose substantial direct costs on Tribal 
governments or preempt Tribal law.
    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 March 8, 2013. 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) of the 
CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 17, 2012.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012-31560 Filed 1-4-13; 8:45 am]
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