[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Proposed Rules]
[Pages 26053-26057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11702]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0081; FRL-9994-56-Region 8]


Clean Data Determination; Salt Lake City, Utah 2006 Fine 
Particulate Matter Standards Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to make 
a clean data determination (CDD) for the 2006 24-hour fine particulate 
matter (PM2.5) Salt Lake City, Utah, (UT) nonattainment area 
(NAA). The proposed determination is based upon quality-assured, 
quality-controlled, and certified ambient air monitoring data for the 
period 2016-2018, 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 our proposed determination that the Salt Lake City, UT NAA is 
currently attaining the 24-hour PM2.5 NAAQS, the EPA is also 
proposing to determine 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: Comments must be received on or before July 5, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0081 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia

[[Page 26054]]

submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air and Radiation 
Division, U.S. EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, (303) 312-6602, ostigaard.crystal@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' is used, it is intended to refer to 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\. The EPA retained the form of the 
1997 24-hour standard, that is, the 98th percentile of the annual 24-
hour concentrations at each population-oriented monitor within an area, 
averaged over 3 years. See 71 FR 61164-5 (October 17, 2006).
    On November 13, 2009 (74 FR 58688), the EPA designated a number of 
areas as nonattainment for the 24-hour PM2.5 NAAQS of 35 
[micro]g/m\3\, including the Salt Lake City, UT NAA. The Salt Lake 
City, UT NAA includes Box Elder County (partial), Davis County, Salt 
Lake County, Tooele County (partial), and Weber County (partial). The 
EPA originally designated these areas under the general provisions of 
CAA title I, part D, subpart 1 (``subpart 1''), under which attainment 
plans must provide for the attainment of a specific NAAQS (in this 
case, the 2006 PM2.5 standards) as expeditiously as 
practicable, but no later than 5 years from the date the areas were 
designated nonattainment.
    Subsequently, on January 4, 2013, the U.S. Court of Appeals for the 
District of Columbia Circuit held in NRDC v. EPA \1\ that the EPA 
should have implemented the 2006 24-hour PM2.5 standard 
based on both the general NAA requirements in subpart 1 and the PM-
specific requirements of CAA title I, part D, subpart 4 (``subpart 
4''). In response to the Court's decision in NRDC v. EPA, on June 2, 
2014 (79 FR 31566), the EPA finalized the ``Identification of 
Nonattainment Classification and Deadlines for Submission of State 
Implementation Plan (SIP) Provisions for the 1997 Fine Particulate 
(PM2.5) NAAQS and 2006 PM2.5 NAAQS.'' This rule 
classified the areas that were designated in 2009 as nonattainment to 
Moderate and set the attainment SIP submittal due date for those areas 
at December 31, 2014. Additionally, this rule established the Moderate 
area attainment date of December 31, 2015. After the court's decision 
and the EPA's June 2, 2014 rule, on December 16, 2014, Utah withdrew 
all prior Salt Lake City, UT PM2.5 SIP submissions and 
submitted a new SIP to address both the general requirements of subpart 
1 and the PM-specific requirements of subpart 4 for Moderate areas.
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    \1\ 706 F.3d 428 (D.C. Cir. 2013).
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    On August 24, 2016, the EPA finalized the Fine Particulate Matter 
National Ambient Air Quality Standards: State Implementation Plan 
Requirements (``PM2.5 SIP Requirements Rule''), 81 FR 58010, 
which addressed the January 4, 2013 court ruling. The PM2.5 
SIP Requirements Rule provides the EPA's interpretation of the 
requirements applicable to PM2.5 NAAs and explains how air 
agencies can meet the statutory SIP requirements that apply under 
subparts 1 and 4 to areas designated nonattainment for any 
PM2.5 NAAQS.
    The EPA has previously acted on portions of Utah's Moderate area 
attainment plan for the Salt Lake City, UT NAA. Specifically, we 
approved certain area source rules and related reasonably available 
control measure (RACM) analyses on February 25, 2016 (81 FR 9343), 
October 19, 2016 (81 FR 71988) and September 14, 2017 (82 FR 43205). We 
have not disapproved any portions of the plan; as a result, the clocks 
for sanctions under section 179(a) and for a Federal Implementation 
Plan (FIP) under section 110(c) are not in effect for the Salt Lake 
City, UT NAA.
    Finally, on May 10, 2017 (82 FR 21711), the EPA determined that the 
Salt Lake City, UT NAA failed to attain the 2006 24-hour 
PM2.5 NAAQS by the Moderate attainment date of December 31, 
2015. With this determination, the Salt Lake City, UT NAA was 
reclassified as a ``Serious'' area for the 2006 24-hour 
PM2.5 NAAQS, with a new attainment date of December 31, 
2019. This reclassification triggered an obligation for Utah to submit 
a new, Serious area attainment plan consisting of several elements, 
including a control strategy and demonstration of attainment by the new 
attainment date. See 40 CFR 51.1003(b)(1).

II. Clean Data Determination

    Over the past two decades, the EPA has consistently applied its 
``Clean Data Policy'' interpretation to attainment related provisions 
of Part D of the CAA. The EPA codified the Clean Data Policy in the 
PM2.5 SIP Requirements Rule (40 CFR 51.1015(a)) for the 
implementation of current and future PM2.5 NAAQS. See 81 FR 
58010, 58161 (August 24, 2016). For a complete discussion of the Clean 
Data Policy's history and the EPA's longstanding interpretation under 
the CAA, please refer to the PM2.5 SIP Requirements Rule.\2\
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    \2\ See Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements, 81 FR 58010, 
58127 (August 24, 2016).
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    As codified at 40 CFR 51.1015(a) in the PM2.5 SIP 
Requirements Rule, upon a determination by the EPA that a Moderate 
PM2.5 NAA has attained the PM2.5 NAAQS, the 
requirements for the State to submit an attainment demonstration, 
provisions demonstrating timely implementation of RACM (including 
reasonably available control technology (RACT)), a reasonable further 
progress (RFP) plan, quantitative milestones and quantitative milestone 
reports, and contingency measures shall be suspended. Additionally, 
under 40 CFR 51.1015(b), upon determination by the EPA that a Serious 
PM2.5 NAA has attained the PM2.5 NAAQS, the 
requirements for the State to submit an attainment demonstration, RFP, 
quantitative milestones and quantitative milestone reports, and 
contingency measures for the area will be suspended. However, the EPA's 
longstanding policy for the best available control measure (BACM)/best 
available control technology (BACT) requirement of CAA section 
189(b)(1)(B) is that the requirement is independent of attainment. 
Thus, a CDD would not suspend the obligation for Utah to submit any 
applicable outstanding BACM/BACT requirements or other requirements 
that are independent of attainment.
    By extension, the requirement to submit a motor vehicle emission 
budget (MVEB) for the attainment year (both for a Moderate and Serious 
NAA) for the purposes of transportation conformity is also suspended. A 
MVEB is that portion of the total allowable emissions defined in the 
submitted or approved control strategy implementation plan revision or 
maintenance plan for a certain date for the purpose of meeting RFP 
milestones or demonstrating attainment or maintenance of the NAAQS, for 
any criteria pollutant or its precursors, allocated to highway and 
transit vehicle use and emissions.\3\ For the purposes of the 
transportation conformity regulations, the control strategy 
implementation plan revision is the implementation plan which contains 
specific strategies for controlling the emissions of and reducing 
ambient levels of pollutants in order to satisfy

[[Page 26055]]

CAA requirements for demonstrations of RFP and attainment.\4\ Given 
that MVEBs are required to support the RFP and attainment demonstration 
requirements in the attainment plan, suspension of the RFP and 
attainment demonstration requirements through a CDD also suspends the 
requirement to submit MVEBs for the attainment and RFP years. The 
suspension of planning requirements pursuant to 40 CFR 51.1015 does not 
preclude the State from submitting suspended elements of its Moderate 
and Serious area attainment plans for the EPA's approval in order to 
strengthen the State's SIP.
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    \3\ 40 CFR 93.101.
    \4\ 40 CFR 93.101.
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    The planning elements under subpart 1 and subpart 4 generally 
include RFP, attainment demonstrations, RACM/RACT, NAA contingency 
measures, and other state planning requirements related to attaining 
the NAAQS.\5\ The suspension of the obligation to submit such 
requirements applies regardless of when the plan submissions are due. 
The CDD does not suspend CAA requirements that are independent of 
helping the area achieve attainment, such as the requirements to submit 
an emissions inventory, nonattainment new source review (NNSR), and 
BACM/BACT requirements. The determination of attainment is not 
equivalent to a redesignation, and the State must still meet the 
statutory requirements for redesignation in order to be redesignated to 
attainment. See CAA section 107(d)(3)(E).
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    \5\ PM2.5 SIP Requirements Rule (81 FR 58010).
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    In accordance with 40 CFR 51.1015(a) and (b), the CDD suspends the 
aforementioned SIP obligations until such time as the area is 
redesignated to attainment, after which such requirements are 
permanently discharged; or 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.

A. Monitoring Network Considerations

    Determining whether an area has attained the NAAQS is based on 
monitored air quality data; thus, the validity of a determination of 
attainment depends in part on whether the monitoring network adequately 
measures ambient PM2.5 levels in the NAA. The Utah 
Department of Air Quality (UDAQ) is the governmental agency with the 
authority and responsibilities under the State's laws for collecting 
ambient air quality data for the Salt Lake City, UT NAA and submitting 
the data to AQS. UDAQ annually certifies that the data they submit to 
AQS are quality assured. UDAQ also submits an annual monitoring network 
plan (AMNP) to the EPA. These plans discuss the status of the air 
monitoring network, as required under 40 CFR part 58. With respect to 
PM2.5 monitoring in the Salt Lake City, UT NAA, the EPA 
found that UDAQ's annual network plans met the applicable requirements 
under 40 CFR part 58 for the relevant period, 2016-2018. The UDAQ 
operated eight PM2.5 State and Local Air Monitoring Station 
(SLAMS) monitors during the 2016-2018 period within the Salt Lake City, 
UT PM2.5 NAA: Brigham City, Ogden 2, Bountiful, Magna, Rose 
Park, Hawthorn, Herrimam #3, and Erda.

B. Salt Lake City, UT Monitoring

    On March 14, 2017, the EPA approved Utah's 2016 AMNP, and on April 
20, 2017, UDAQ submitted a letter that contained the AMP 600 and AMP 
450NC reports required to certify the 2016 air quality data in Utah. 
UDAQ completed the date certification process in AQS and with the April 
20, 2017 letter, certified that the 2016 air quality data is accurate.
    On October 27, 2017, the EPA approved Utah's 2017 AMNP, and on 
April 10, 2018, the UDAQ submitted a letter that contained the AMP 600 
and AMP 450NC reports required to certify the 2017 air quality data in 
Utah. With the April 10, 2018 letter, UDAQ completed the data 
certification process in AQS and certified that the 2017 air quality 
data is accurate.
    On March 20, 2019, the EPA approved Utah's 2018 AMNP, and on 
February 1, 2019, the UDAQ submitted a letter that contained the AMP 
600 and AMP 450NC reports required to certify the 2018 air quality data 
in Utah. With the February 1, 2019 letter, UDAQ completed the data 
certification process in AQS and certified that the 2018 air quality 
data is accurate.

C. Evaluation of Current Attainment

    The EPA's evaluation of whether the Salt Lake City, UT 
PM2.5 NAA has attained the 2006 24-hour PM2.5 
NAAQS is based on our review of all valid monitoring data ``produced by 
suitable monitors that are required to be submitted to AQS, or 
otherwise available to EPA ....'' See Appendix N, 3.0(a). Based on our 
review, the PM2.5 monitoring network for the Salt Lake City, 
UT NAA meets the requirements stated above and is therefore adequate 
for use in determining whether the area attained the 2006 24-hour 
PM2.5 NAAQS.
    The EPA reviewed the PM2.5 ambient air monitoring data 
from the Brigham City (AQS site 49-003-0003), Ogden 2 (AQS site 49-057-
0002), Bountiful (AQS site 49-011-0004), Magna (AQS site 49-035-1001), 
Rose Park (AQS site 49-035-3010), Hawthorn (AQS site 49-035-3006), 
Herrimam #3 (AQS site 49-035-3013), and Erda (AQS site 49-045-0004) 
monitoring sites consistent with the requirements contained in 40 CFR 
part 50, as recorded in the EPA AQS database for the Salt Lake City, UT 
NAA.
    The CAA allows for the exclusion of air quality monitoring data 
from design value calculations when there are exceedances caused by 
events, such as wildfires or high wind events, that meet the criteria 
for an exceptional event identified in the EPA's implementing 
regulations, the Exceptional Events Rule at 40 CFR 50.1, 50.14, and 
51.930. In 2017, emissions from fireworks and wildfires impacted 
PM2.5 concentrations recorded at the Rose Park monitor 
within the Salt Lake City, UT NAA. For purposes of this proposed 
action, on November 21, 2017 and January 2, 2018, UDAQ submitted 
exceptional event demonstrations to request exclusion of 2017 data 
impacted by fireworks and wildfires. On February 2, 2019, UDAQ 
submitted supplemental information pertaining to the exceptional event 
package for data impacted by fireworks in 2017. The EPA evaluated 
UDAQ's exceptional event demonstrations for the flagged values of the 
24-hour PM2.5 listed in Table 1, at the Rose Park monitor in 
the Salt Lake City, UT NAA, with respect to the requirements of the 
EPA's Exceptional Events Rule (40 CFR 50.1, 50.14, and 50.930).

[[Page 26056]]



    Table 1--24-Hour PM2.5 Values at the Rose Park Monitoring Station, Concurred on by the EPA as Meeting the
                                           Exceptional Event Criteria
                                                 [[micro]g/m\3\]
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                                                                  24-hr PM2.5 concentration 49-035-3010
                                                        --------------------------------------------------------
                          Date                                                                     Continuous
                                                             FRM filter     Co-located filter  (primary monitor)
----------------------------------------------------------------------------------------------------------------
7/4/2017...............................................               37.8                 41                 40
9/6/2017...............................................               37.8               37.7               36.8
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    On May 23, 2019 and May 28, 2019, the EPA concurred with UDAQ's 
requests to exclude event-influenced data listed in Table 1 above, 
finding that the UDAQ demonstration met the Exceptional Event Rule 
criteria. As such, the event-influenced data have been removed from the 
data set used for regulatory purposes. For this proposed action, the 
EPA relies on the calculated values that exclude the event-influenced 
data (see Table 2 below). The EPA now proposes to take final regulatory 
action on UDAQ's request to exclude PM2.5 data listed in 
Table 1, in regulatory decisions. For further information, refer to 
UDAQ's Exceptional Event demonstration packages and the EPA's 
concurrence and analyses located in the docket for this proposed 
action.
    As shown in Table 2 below, Brigham City, Ogden 2, Bountiful, Rose 
Park and Hawthorn monitors in the Salt Lake City, UT NAA have collected 
complete data since 2012 and are trending downward overall. The Magna 
monitor was trending downward from 2012; however, the monitor was 
discontinued in 2018. The Erda monitor began collecting data in 2016 
and has an attaining design value for 2016-2018. The Herrimam #3 
monitor began collecting data in 2016; however, quarter 1 of 2018 is 
incomplete but is still showing attainment for 2016-2018.
    The design value for the 2006 24-hour PM2.5 NAAQS for 
the years 2016-2018 at the Rose Park monitor site was 35 [micro]g/m\3\, 
which is equal to the standard of 35 [micro]g/m\3\. See Table 2 below 
for the annual 98th percentiles and 3-year design value for the 2016-
2018 monitoring period. As a result, the EPA has preliminarily 
concluded that the Salt Lake City, UT NAA continues to meet the 2006 
24-hour PM2.5 NAAQS of 35 [micro]g/m\3\ for the period 2016-
2018, the most recent 3-year period of certified data availability. 
Should there be a subsequent violation of the 2006 PM2.5 
standards in the Salt Lake City, UT NAA, the EPA will withdraw the CDD.

                          Table 2--Design Value Concentrations for the Salt Lake City, UT NAA for the 2006 24-Hour PM2.5 NAAQS
                                                                     [[micro]g/m\3\]
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                                                                                                3-year design values
           Monitor site                   Monitor ID      ----------------------------------------------------------------------------------------------
                                                               2012-2014          2013-2015          2014-2016          2015-2017          2016-2018
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Brigham City......................  49-003-0003..........                 35                 35                 31                 33                 32
Ogden 2...........................  49-057-0002..........                 35                 37                 35                 33                 30
Bountiful.........................  49-011-0004..........                 38                 40                 33                 30                 29
Magna.............................  49-035-1001..........                 35                 35                 32                 28       Discontinued
Rose Park.........................  49-035-3010..........                 43                 44                 41                 37                 35
Hawthorn..........................  49-035-3006..........                 41                 42                 37                 34                 33
Herrimam #3.......................  49-035-3013..........                 --                 --                 --                 --               * 27
Erda..............................  49-045-0004..........                 --                 --                 --                 --                 26
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* Q1 of 2018 is incomplete. See Utah Clean Data Determination of the 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standard for the
  Provo, Utah Nonattainment Area Memo found in the accompanying docket.

D. Clean Data Determination for the Salt Lake City, UT Nonattainment 
Area

    Based on the monitoring data for the period 2016-2018, the EPA is 
proposing to determine that the area has demonstrated attainment of the 
2006 24-hr PM2.5 NAAQS. In accordance with 40 CFR 51.1015, a 
CDD can be made upon a determination by the EPA that a Moderate or 
Serious PM2.5 NAA is attaining the PM2.5 NAAQS. 
As provided in 40 CFR 51.1015, so long as this area continues to meet 
the standard, finalization of this determination suspends the 
requirements for this area to submit an attainment demonstration, 
associated RACM/RACT (for the Moderate NAA plan), RFP plan, contingency 
measures, and any other planning SIP requirements related to the 
attainment of the 2006 PM2.5 NAAQS. For purposes of this 
NAAQS, the requirements to submit a projected attainment inventory as 
part of an attainment demonstration or RFP as well as a MVEB are also 
suspended by this determination.
    As discussed in the PM2.5 SIP Requirements Rule, the 
nonattainment base emissions inventory required by section 172(c)(3) is 
not suspended by this determination because the base inventory is a 
requirement independent of planning for an area's attainment. See 81 FR 
58009 at 58028 and 58127-8 and 80 FR 15340 at 15441-2. Additionally, 
the PM2.5 SIP Requirements Rule states that the NNSR 
requirement is required by CAA sections 110(a)(2)(C); 172(c)(5); 173; 
189(a); and 189(e), and is not suspended by a CDD because this 
requirement is independent of the area's attainment planning. See 81 FR 
58010 at 58107 and 58127. Furthermore, the BACM/BACT requirements found 
in CAA section 189(b)(1)(B) are not suspended with a CDD for a Serious 
NAA due to this requirement being independent of attainment. See 81 FR 
58010 at 58128.
    Under the proposed CDD, the planning requirements noted above (for 
both Moderate and Serious areas) shall be suspended, until such time as 
the area is redesignated to attainment, after which such requirements 
are permanently discharged. This proposed

[[Page 26057]]

action, if finalized, will not constitute a redesignation to attainment 
under CAA section 107(d)(3)(E), because the State must have an approved 
maintenance plan for the area as required under section 175A of the 
CAA, and the EPA must determine that the area has met the other 
requirements for redesignation in order to be redesignated to 
attainment. Therefore, the designation status of the area will remain 
nonattainment for the 2006 PM2.5 NAAQS until such time as 
the EPA determines that the area meets the CAA requirements for 
redesignation to attainment under CAA section 107(d)(3)(E).
    It is possible, although not expected, that the Salt Lake City, UT 
area could violate the 24-hour PM2.5 NAAQS before a 
maintenance plan is adopted, submitted, and approved, and the area is 
redesignated to attainment. Under 40 CFR 51.1015(a)(2) and (b)(2), if 
the EPA determines that the area has re-violated the 24-hour 
PM2.5 NAAQS, the EPA will rescind the CDD and the State 
shall be required to submit the suspended attainment plan elements. 
Even so, submission of the suspended elements may be insufficient to 
eliminate future violations. Therefore, the issuance of a SIP call 
under section 110(k)(5) could be an appropriate response. This SIP call 
could require the State to submit, by a reasonable deadline not to 
exceed 18 months, a revised plan demonstrating expeditious attainment 
and complying with other requirements applicable to the area at the 
time of this finding. Under CAA section 172(d), the EPA may reasonably 
adjust the dates applicable to these requirements.

III. Proposed Action

    The EPA is proposing to make a CDD for the 2006 24-hour 
PM2.5 Salt Lake City, UT NAA based on the area's monitoring 
data for 2016-2018. Pursuant to 40 CFR 51.1015(a) and (b), the EPA 
proposes to determine that the obligation to submit attainment-related 
SIP revisions arising from classification of the Salt Lake City, 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 UDAQ's obligation to submit non-attainment-
related requirements, which includes the base-year emission inventory, 
NNSR revisions, and BACM/BACT. This proposed action, if finalized, 
would not constitute a redesignation to attainment under CAA section 
107(d)(3).

IV. Statutory and Executive Order Reviews

    This action proposes to issue a determination of attainment based 
on air quality and to suspend certain federal requirements, and thus, 
would not impose additional requirements beyond those imposed by state 
law. For this reason, this proposed 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 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, this proposed action does not 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 proposed 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).

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: May 30, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2019-11702 Filed 6-4-19; 8:45 am]
 BILLING CODE 6560-50-P


