[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59315-59317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25486]



[[Page 59315]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0585; FRL-9986-14-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Logan Nonattainment Area Fine Particulate Matter State 
Implementation Plan for Attainment of 2006 24-Hour Fine Particulate 
Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of the emissions inventory, modeled attainment demonstration, 
determination for Major Stationary Source Reasonably Available Control 
Technology (RACT), determination for On-Road Mobile Sources Reasonably 
Available Control Measures (RACM), determination for Cache County 
Inspection and Maintenance (I/M) Program as additional reasonable 
measures, determination for Off-Road Mobile Sources RACM, and the 2015 
Motor Vehicle Emission Budgets (MVEB) portions of the attainment plan 
submitted by Utah on December 16, 2014, to address Clean Air Act (CAA 
or the Act) requirements for the 2006 24-hour fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS) in 
the Logan, Utah (UT)--Idaho (ID) Moderate PM2.5 
nonattainment area. These actions are being taken under section 110 of 
the CAA.

DATES: This final rule is effective on December 24, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2016-0585. All documents in the docket are 
listed on the http://www.regulations.gov 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 http://www.regulations.gov, or please contact the person identified in the For 
Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, U.S. 
EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 
80202-1129, (303) 312-6602, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' means the 
EPA.

I. Background

    On October 17, 2006 (71 FR 61144), the Environmental Protection 
Agency (EPA) revised the level of the 24-hour fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS), 
lowering the primary and secondary standards from the 1997 standard of 
65 micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\. On 
November 13, 2009 (74 FR 58688), the EPA designated three nonattainment 
areas in Utah for the 24-hour PM2.5 NAAQS of 35 [micro]g/
m\3\. These are the Salt Lake City, Utah (UT); Provo, UT; and Logan, 
UT-Idaho (ID) nonattainment areas. The State of Utah submitted the 
Logan, UT-ID Moderate PM2.5 state implementation plan (SIP) 
on December 16, 2014, to address the requirements under part D of title 
I of the Clean Air Act (CAA) for the Logan UT-ID PM2.5 
nonattainment area.
    On December 4, 2017 (82 FR 57183), the EPA proposed to approve 
portions of the December 16, 2014 Logan, UT-ID Moderate 
PM2.5 SIP submittal. Specifically, we proposed to approve:
     The 2010 base year and 2015 projection year emissions 
inventories;
     The modeled attainment demonstration;
     The RACM/RACT and additional reasonable measure 
determinations for on-road mobile, including the Cache County I/M 
Program, off-road mobile, and major stationary sources; and
     The direct PM2.5, nitrogen oxides 
(NOX) and volatile organic compound (VOC) MVEBs for 2015 and 
the MVEB trading mechanism.
    Our proposal provides details on the EPA's evaluation of these 
portions of the State's submittal.

II. Response to Comments

    The EPA received seven public comments on the proposed action. 
After reviewing the comments received, the EPA has determined that the 
comments, with the exception of a portion of one comment, fall outside 
the scope of our proposed action or fail to identify any material issue 
necessitating a response.
    A portion of one comment (EPA-R08-OAR-2016-0585-0017) generally 
alleges that the EPA lacks actual measurements of what agriculture 
emits in the form of PM2.5, and that agriculture is not a 
major emitter of PM2.5. The comment states that the data 
used to develop ``the inventory'' was based on erroneous emission 
factors published by ``CPA'' \1\ for cattle feed yards, feed mills, 
grain elevators, and dust from farmers' field operations; however, 
according to the comment, there ``has never been any actual PM-2.5 
emission data taken on agricultural tillage equipment using EPA 
approved PM-2.5 samplers.'' The comment also alleges that ``wildfire 
emissions were not added to the data.''
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    \1\ The comment does not define this acronym, but we assume the 
comment intended to refer to EPA.
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    Assuming that the comment is intended to refer to the emissions 
inventories that Utah prepared and submitted for the Logan, UT-ID 
Moderate PM2.5 SIP and that the EPA proposed to approve, we 
respond as follows. The comment alleges the use of ``erroneous'' 
emission factors without identifying any specific error in the emission 
factors. Under the SIP Requirements Rule, Utah was not required to run 
tests on agricultural tillage equipment to develop emissions 
inventories; instead the requirements for emissions inventories are set 
forth in 40 CFR 51.1008. See Fine Particulate Matter National Ambient 
Air Quality Standards: State Implementation Plan Requirements, 81 FR 
58010, 58027-33 (Aug. 24, 2016). The comment does not indicate any way 
in which the inventories fail to meet those requirements. Finally, for 
the purposes of PM2.5 nonattainment areas such as the Logan, 
UT-ID area, wildfire emissions are generally accounted for through the 
EPA's Exceptional Events Rule,\2\ not through emissions inventories.
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    \2\ 40 CFR 50.14.
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III. Final Action

    For the reasons stated in our proposal, the EPA is finalizing 
approval of portions of Utah's SIP found at R307-110-10, Section IX 
Control Measures for Area and Point Sources, Part A, Fine Particulate 
Matter for the Logan, UT-ID nonattainment area and at SIP Subsection 
IX.A.23: Control Measures for Area and Point Sources, Fine Particulate 
Matter for the Logan, UT-ID nonattainment area. Specifically, we are 
approving the following portions of the Logan, UT-ID Moderate 
PM2.5 SIP submitted by the State on December 16, 2014:
     The 2010 base year and 2015 projection year emissions 
inventories;
     The modeled attainment demonstration;
     The RACM/RACT and additional reasonable measure 
demonstrations for on-road mobile, including the Cache

[[Page 59316]]

County I/M Program, off-road mobile and major stationary sources; and
     The direct PM2.5, nitrogen oxides 
(NOX) and VOC MVEBs for 2015 and the MVEB trading mechanism.

IV. Incorporation by Reference

    In this rule, 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 the 
approval of portions of the Logan, UT-ID PM2.5 Moderate SIP 
submitted by the State of Utah as discussed in the proposed rule. The 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov 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.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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V. 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 final 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) and 13563 (76 FR 3821, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 CAA; and
     does not provide the 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 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, 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 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 January 22, 2019. 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, Ammonia, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur dioxide, Volatile organic compounds.

    Dated: November 16, 2018.
Douglas Benevento,
Regional Administrator, EPA, 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:

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

Subpart TT--Utah

0
2. Section 52.2320 is amended by:
0
a. Revising the entry for ``R307-110-10'' in the table in paragraph 
(c); and
0
b. Adding the entry, in numerical order, ``Section IX.A.23. Fine 
Particulate Matter, PM2.5 SIP for the Logan, UT-ID 
Nonattainment Area'' in the table in paragraph (e).
    The revision and addition reads as follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

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                                                      State          Final rule
          Rule No.                Rule title     effective date    citation, date             Comments
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                                                  * * * * * * *
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                            R307-110. General Requirements: State Implementation Plan
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                                                  * * * * * * *
R307-110-10.................  Section IX.             12/4/2014  [Insert Federal
                               Control Measures                   Register
                               for Area and                       citation], 11/23/
                               Point Sources,                     2018.
                               Part A, Fine
                               Particulate
                               Matter.
 
                                                  * * * * * * *
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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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                                 IX. Control Measures for Area and Point Sources
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                                                  * * * * * * *
Section IX.A.23. Fine Particulate              12/4/2014  [Insert Federal Register    Except for Chapters 1-3,
 Matter, PM2.5 SIP for the Logan, UT-ID                    citation], 11/23/2018.      Area Sources found in
 Nonattainment Area.                                                                   Chapter 6.6, Chapter 8
                                                                                       and Chapter 9.
 
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[FR Doc. 2018-25486 Filed 11-21-18; 8:45 am]
BILLING CODE 6560-50-P


