[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14267-14268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06820]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0353; FRL-9991-76-Region 8]


Clean Data Determination; Provo, Utah 2006 Fine Particulate 
Matter Standards Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
clean data determination (CDD) for the 2006 24-hour fine particulate 
matter (PM2.5) Provo, Utah (UT) nonattainment area (NAA). 
The determination was based upon quality-assured, quality-controlled 
and certified ambient air monitoring data for the period 2015-2017; 
available in the EPA's Air Quality System (AQS) database, showing the 
area has monitored attainment of the 2006 24-hour PM2.5 
National Ambient Air Quality Standards (NAAQS). Based on this 
determination that the Provo, UT NAA is currently attaining the 24-hour 
PM2.5 NAAQS, the EPA is also finalizing a determination that 
the obligation for Utah to make submissions to meet certain Clean Air 
Act (CAA or the Act) requirements related to attainment of the NAAQS 
for this area is not applicable for as long as the area continues to 
attain the NAAQS.

DATES:  This rule is effective on May 10, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0353. 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,'' ``us,'' and 
``our'' means the EPA.

I. Background

    On October 17, 2006 (71 FR 61144), the EPA revised the level of the 
24-hour PM2.5 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 several areas as nonattainment for the 24-
hour PM2.5 NAAQS of 35 [micro]g/m\3\, including the Provo, 
UT NAA.
    On February 12, 2019 (84 FR 3373), the EPA proposed a CDD for the 
2006 24-hour PM2.5 Provo, UT NAA based on the area's current 
attainment of the standard. Pursuant to 40 CFR 51.1015(a) and (b), the 
EPA proposed to determine that the obligation to submit any remaining 
attainment-related state implementation plan (SIP) revisions arising 
from classification of the Provo, UT area as a Moderate NAA and 
subsequent reclassification as a Serious NAA under subpart 4 of part D 
(of title I of the Act) for the 2006 24-hour PM2.5 NAAQS is 
not applicable for so long as the area continues to attain the 2006 24-
hour PM2.5 NAAQS. However, the CDD does not suspend Utah 
Division of Air Quality's (UDAQ's) obligation to submit nonattainment-
related requirements, which includes the base-year emission inventory, 
nonattainment new source review (NNSR) revisions, and best available 
control measures/best available control technologies (BACM/BACT). This 
action does not constitute a redesignation to attainment under CAA 
section 107(d)(3). Additional detail can be found in the February 12, 
2019 (84 FR 3373) proposed action.

II. Response to Comments

    The EPA did not receive any comments on the proposed action.

III. Final Action

    The EPA is finalizing a CDD for the 2006 24-hour PM2.5 
Provo, UT NAA based on the area's current attainment of the standard. 
Pursuant to 40 CFR 51.1015(a) and (b), the EPA is determining that the 
obligation to submit any remaining attainment-related SIP revisions 
arising from classification of the Provo, UT area as a Moderate NAA and 
subsequent reclassification as a Serious NAA under subpart 4 of part D 
(of title I of the Act) for the 2006 24-hour PM2.5 NAAQS is 
not applicable for so long as the area continues to attain the 2006 24-
hour PM2.5 NAAQS. In particular, as discussed in the 
proposed action (84 FR 3373), the obligation for UDAQ to submit 
attainment demonstrations, projected emissions inventories, RACM 
(including RACT), reasonable further progress (RFP) plans, motor 
vehicle emissions budgets (MVEB), quantitative milestones, and 
contingency measures, for the Provo, UT area are suspended until such 
time as: (1) The area is redesignated to attainment, after which such 
requirements are permanently discharged; or (2) the EPA determines that 
the area has re-violated the PM2.5 NAAQS, at which time the 
state shall submit such attainment plan elements for the Moderate and 
Serious NAA plans by a future date to be determined by the EPA and 
announced through publication in the Federal Register at the time the 
EPA determines the area is violating the PM2.5 NAAQS.
    However, the CDD does not suspend UDAQ's obligation to submit non-
attainment-related requirements, which includes the base-year emission 
inventory, NNSR revisions, and BACM/BACT. This action does not 
constitute a redesignation to attainment under CAA section 107(d)(3).

IV. Statutory and Executive Order Reviews

    This action finalizes a determination of attainment based on air 
quality and suspends certain federal requirements, and thus would not 
impose additional requirements beyond those imposed by state law. For 
this reason, this final action:
     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);
     Is not expected to be an Executive Order 13771 (82 FR 
9339, February 2, 2017) regulatory action because this action is not 
significant under Executive Order 12866;

[[Page 14268]]

     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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 10, 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: April 2, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2019-06820 Filed 4-9-19; 8:45 am]
 BILLING CODE 6560-50-P


