[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Proposed Rules]
[Pages 33052-33059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11182]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0643; FRL-10009-77-Region 8]


Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 2015 Ozone National Ambient Air 
Quality Standards; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On October 1, 2015, the Environmental Protection Agency (EPA) 
promulgated the 2015 ozone National Ambient Air Quality Standard 
(NAAQS), revising the standard to 0.070 parts per million. Whenever a 
new or revised is promulgated, the Clean Air Act (CAA or Act) requires 
each state to submit a State Implementation Plan (SIP) revision for the 
implementation, maintenance, and enforcement of the new standard. This 
submission is commonly referred to as an infrastructure SIP. In this 
action we are proposing to approve the State of Utah's 2015 ozone NAAQS 
infrastructure SIP submitted to the EPA on January 29, 2020.

DATES: Written comments must be received on or before July 1, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0643, to the Federal Rulemaking Portal: 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 whose disclosure 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 submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. To reduce the risk of 
COVID-19 transmission, for this action we will not be accepting 
comments submitted by mail or hand delivery
    Docket: 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 not be placed on the internet. Publicly 
available docket materials are available electronically at 
www.regulations.gov. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of the docket. 
Please email or call the person listed in the FOR FURTHER INFORMATION 
CONTACT section if you need to make alternative arrangements for access 
to the docket.

FOR FURTHER INFORMATION CONTACT: Kate Gregory, (303) 312-6175, 
gregory.kate@epa.gov. Mail can be directed to the Air and Radiation 
Division, U.S. EPA, Region 8, Mail-code 8ARD-QP, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.

SUPPLEMENTARY INFORMATION: Throughout this document, ``reviewing 
authority,'' ``we,'' ``us,'' and ``our'' refer to the EPA.

I. Background

    On March 12, 2008, the EPA promulgated a new NAAQS for ozone, 
revising the levels of the primary and secondary 8-hour ozone standards 
from 0.08 parts per million (ppm) to 0.075 ppm.\1\ More recently, on 
October 1, 2015, the EPA promulgated and revised the NAAQS for ozone, 
further strengthening the primary and secondary 8-hour standards to 
0.070 ppm.\2\ The October 1, 2015 standards are known as the 2015 ozone 
NAAQS.
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    \1\ Final rule, National Ambient Air Quality Standards for 
Ozone, 73 FR 16436, 16483 (March 27, 2008).
    \2\ Final rule, National Ambient Air Quality Standards for 
Ozone, 80 FR 65292, 65362 (Oct. 26, 2015).
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    Under sections 110(a)(1) and (2) of the CAA, after the promulgation 
of a new or revised NAAQS states are required to submit infrastructure 
SIPs to ensure their SIPs provide for implementation, maintenance, and 
enforcement of the NAAQS.\3\ These submissions must contain any 
revisions needed for meeting the applicable SIP requirements of section 
110(a)(2), or certifications that the existing SIPs already meet those 
requirements. The EPA highlighted and explained this statutory 
requirement in a series of guidance documents.\4\
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    \3\ 42 U.S.C. 7410(a)(1), (2).
    \4\ ``Guidance on SIP Elements Required Under Sections 110(a)(1) 
and (2) for the 1997 8-hour Ozone and PM2.5 National 
Ambient Air Quality Standards'' (Oct. 2, 2007); ``Guidance on SIP 
Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-
Hour Fine Particle (PM2.5) National Ambient Air Quality 
Standards (NAAQS)'' (Sep. 25, 2009); ``Guidance on Infrastructure 
SIP Elements Required Under Sections 110(a)(1) and (2) for the 2008 
Lead (Pb) National Ambient Air Quality Standards (NAAQS)'' (Oct. 14, 
2011); ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and (2)'' (Sep. 13, 
2013) (2013 Memo).
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A. What infrastructure elements are required under Sections 110(a)(1) 
and (2)?

    CAA section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions after a new or revised NAAQS is 
promulgated. Section 110(a)(2) lists specific elements the SIP

[[Page 33053]]

must contain or satisfy. These infrastructure elements include 
requirements such as modeling, monitoring, and emissions inventories, 
which are designed to assure attainment and maintenance of the NAAQS. 
The elements that are the subject of this action are listed below.
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D): Interstate transport.
     110(a)(2)(E): Adequate resources and authority, conflict 
of interest, and oversight of local governments and regional agencies.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency powers.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(J): Consultation with government officials, 
public notification, and prevention of significant deterioration (PSD) 
and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    A detailed discussion of each of these elements for Utah is 
contained in section III of this document.

B. How did the State address the infrastructure elements of Sections 
110(a)(1) and (2)?

    The Utah 2015 ozone NAAQS infrastructure SIP submissions 
demonstrates how the State, where applicable, has plans in place that 
meet the requirements of section 110 for the 2015 ozone NAAQS. The 
State submittals are available in the electronic docket for today's 
proposed action at www.regulations.gov.\5\
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    \5\ Utah made a submittal to address the 2015 ozone NAAQS 
infrastructure SIP requirements on October 24, 2019, but then made a 
second submittal on January 29, 2020, to address public 
participation requirements. The second submittal is comprehensive 
and includes all of the substantive material in the first, but for 
completeness the docket includes both submittals (see `UT 2015 Ozone 
ISIP Submission--10.24.19' and 01.29.20 UT 2015 ISIP Submission' in 
docket).
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    The Utah Department of Environmental Quality (UDEQ) submitted a 
certification of Utah's infrastructure SIP for the 2015 ozone NAAQS on 
January 29, 2020. The State's submission references the current Utah 
Division of Air Quality (UDAQ) Rules (UAR).\6\
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    \6\ See https://rules.utah.gov/publicat/code/r307/r307.htm (as 
in effect December 1, 2019; site accessed April 13, 2020); Utah's 
approved SIP can be found at 40 CFR 52.2320.
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II. What is the scope of this proposed rule?

    The EPA is acting upon SIP submissions from Utah that address the 
infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for 
the 2015 ozone NAAQS. The requirement for states to make a SIP 
submission of this type arises out of CAA section 110(a)(1). Pursuant 
to section 110(a)(1), states must make SIP submissions ``within 3 years 
(or such shorter period as the Administrator may prescribe) after the 
promulgation of a national primary ambient air quality standard (or any 
revision thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon the EPA taking any action other than promulgating a 
new or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    Whenever the EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This 
particular type of SIP submission is commonly referred to as an 
``infrastructure SIP.'' These submissions must meet the various 
requirements of CAA section 110(a)(2), as applicable. The EPA has 
previously provided comprehensive guidance on the application of these 
provisions through a guidance document for infrastructure SIP 
submissions and through regional actions on infrastructure 
submissions.\7\ Unless otherwise noted below, we are following that 
approach in acting on this submission. In addition, in the context of 
acting on infrastructure submissions, the EPA generally evaluates the 
state's SIP for facial compliance with statutory and regulatory 
requirements, not for the state's implementation of its SIP.\8\ The EPA 
has other authority to address any issues concerning a state's 
implementation of the rules, regulations, consent orders, and other 
materials that comprise its SIP.
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    \7\ The EPA explains and elaborates on these ambiguities and its 
approach to address them in its 2013 Infrastructure SIP Guidance 
(available at https://www.epa.gov/sites/production/files/2015-12/documents/guidance_on_infrastructure_sip_elements_multipollutant_final_sept_2013.pdf), as well as in agency actions on infrastructure SIPs. See, 
e.g., Proposed Rule, Promulgation of State Implementation Plan 
Revisions; Infrastructure Requirements for the 1997 and 2006 
PM2.5, 2008 Lead, 2008 Ozone, and 2010 NO2 National 
Ambient Air Quality Standards; South Dakota, 79 FR 71040 (December 
1, 2014).
    \8\ See Montana Envtl. Info. Ctr. v. Thomas, 902 F.3d 971, 978 
(9th Cir. 2018).
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III. The EPA's Evaluation of the State Submittal

A. CAA Section 110(a)(2)(A): Emission Limits and Other Control Measures

    Section 110(a)(2)(A) requires SIPs to include enforceable emission 
limitations and other control measures, means, or techniques (including 
economic incentives such as fees, marketable permits, and auctions of 
emissions rights), as well as schedules and timetables for compliance 
as may be necessary or appropriate to meet the applicable requirements 
of this Act.
    Multiple SIP-approved UDAQ Rules cited in Utah's certification 
provide enforceable emission limitations and other control measures, 
means or techniques, schedules for compliance, and other related 
matters necessary to meet the requirements of the CAA section 
110(a)(2)(A) for the 2015 NAAQS. The State's submission cites SIP 
section I (Legal Authority), which allows the adoption of emission 
standards and other limits necessary for attainment and maintenance of 
the NAAQS. SIP section I, in combination with other specific control 
measures adopted by the Utah Air Quality Board (AQB), and multiple SIP-
approved state air quality regulations cited in Utah's certification, 
including SIP sections II (Review of New and Modified Air Pollution 
Sources), VIII (Prevention of Significant Deterioration), IX (Part D: 8 
Hour Ozone Provisions), X (Part A, B, C: Vehicle Inspection and 
Maintenance Program General Provisions), ozone Reasonable Available 
Control Technology (RACT) rules and R307-325 (Ozone Nonattainment and 
Maintenance Areas: General Requirement), R307-326 (Ozone Nonattainment 
and Maintenance Areas: Control of Hydrocarbon Emissions), R307-327 
(Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage), 
R307-328 (Gasoline Transfer and Storage), R307-335 (Ozone Nonattainment 
and Maintenance Areas: Degreasing and Solvent Cleaning Operations), 
R307-340 (Ozone Nonattainment and Maintenance Areas: Surface Coating 
Processes) provide enforceable emission limitations and other control 
measures, means of techniques, schedules for compliance, and other 
related matters necessary to meet the requirements of the CAA section 
110(a)(2)(A) for the 2015 ozone

[[Page 33054]]

NAAQS, subject to the following clarifications.\9\
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    \9\ Utah 2015 Ozone Infrastructure SIP Submission, pp. 1, 2.
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    The EPA does not consider the SIP requirements triggered by the 
nonattainment area mandates in part D of Title 1 of the CAA to be 
governed by the submission deadline of section 110(a)(1). Nevertheless, 
Utah has included some SIP provisions originally submitted in response 
to part D requirements in its certification for the infrastructure 
requirements of section 110(a)(2). For the purposes of this action, the 
EPA is reviewing any rules originally submitted in response to part D 
requirements solely for the purposes of determining whether they 
support a finding that the State has met the basic infrastructure 
requirements of section 110(a)(2). For example, in response to the 
requirement to have enforceable emission limitations under section 
110(a)(2)(A), Utah's certification (contained within this docket) 
generally listed provisions within its SIP which regulate pollutants 
through various programs, including its stationary source permit 
program, which requires sources to demonstrate that emissions will not 
cause or contribute to a violation of any NAAQS. The EPA is approving 
those rules as meeting the requirement to have enforceable emission 
limitations on ozone precursors; any judgment about whether those 
emission limitations discharge the State's obligation to impose RACT 
under part D will be made separately, in an action reviewing those 
rules pursuant to the requirements of part D. This suffices, in the 
case of Utah, to meet the requirements of section 110(a)(2)(A) for the 
2015 ozone NAAQS.

B. CAA Section 110(a)(2)(B): Ambient Air Quality Monitoring/Data System

    Section 110(a)(2)(B) requires SIPs to provide for establishment and 
operation of appropriate devices, methods, systems, and procedures 
necessary to ``(i) monitor, compile, and analyze data on ambient air 
quality, and (ii) upon request, make such data available to the 
Administrator.''
    As discussed in Utah's submission, the UDEQ periodically submits a 
Quality Management Plan and a Quality Assurance Project Plan to the 
EPA. These plans cover procedures to monitor and analyze data. As part 
of the monitoring SIP, Utah submits an Annual Monitoring Network Plan 
(AMNP) each year for the EPA's approval.
    A comprehensive AMNP, intended to fully meet the federal 
requirements, was submitted to the EPA by Utah on July 3, 2019 and 
subsequently approved by the EPA.\10\ Utah's SIP-approved regulations 
provide for the design and operation of its monitoring network, 
reporting of data obtained from the monitors, and annual network review 
including notification to the EPA of any changes, and public 
notification of exceedances of NAAQS. As described in its submission, 
Utah operates a comprehensive monitoring network, including ozone 
monitoring, compiles and analyzes collected data, and submits the data 
to the EPA's Air Quality System on a quarterly basis.
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    \10\ See Utah AMNP Approval 2019.docx in the docket for this 
action. Additionally, Utah's AMNPs can be found at http://www.airmonitoring.utah.gov/network/review.htm.
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    Based on this information, we are proposing to approve the Utah SIP 
as meeting the requirements of CAA section 110(a)(2)(B) for the 2015 
ozone NAAQS.

C. CAA Section 110(a)(2)(C): Program for Enforcement of Control 
Measures and for Construction or Modification of Stationary Sources

    To generally meet the requirements of section 110(a)(2)(C), the 
State is required to have SIP-approved PSD, nonattainment New Source 
Review (NSR), and minor NSR permitting programs that are adequate to 
implement the 2015 ozone NAAQS. As explained elsewhere in this action, 
the EPA is not evaluating nonattainment-related provisions, such as the 
nonattainment NSR program required by part D of the Act. The EPA is 
evaluating the State's PSD program as required by part C of the Act, 
and the State's minor NSR program as required by 110(a)(2)(C).
    The State's submissions for the 2015 ozone infrastructure 
requirements cite SIP section I (Legal Authority), which provides for 
enforcement of applicable laws, regulations, and standards, including 
injunctive relief, and also provides authority to prevent construction, 
modification, or operation of any stationary source at any location 
where emissions from such source will prevent the attainment or 
maintenance of a national standard or interfere with PSD requirements.
PSD Requirements
    With respect to Element (C), the EPA interprets the CAA to require 
each state to make an infrastructure SIP submission for a new or 
revised NAAQS demonstrating that the air agency has a complete PSD 
permitting program meeting the current requirements for all regulated 
NSR pollutants. The requirements for Element (J) in relation to a 
comprehensive PSD permitting program are the same as the requirements 
with respect to Element (C).\11\
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    \11\ The ``Prong 3'' requirements of Element (D)(i)(II) may be 
satisfied in part by demonstrating that the air agency has a 
complete PSD permitting program that correctly addresses all 
regulated NSR pollutants. Our explanation of how the state has 
satisfied the Prong 3 requirements is below.
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    Utah has shown that it has a PSD program in place that covers all 
regulated NSR pollutants, including greenhouse gases (GHGs). SIP 
section VIII (Prevention of Significant Deterioration) applies to all 
air pollutants regulated under the CAA. Utah implements the PSD program 
by, for the most part, incorporating by reference the Federal PSD 
program located in 40 CFR 52.21 as it existed on a specific date. On 
April 13, 2020, we proposed to approve portions of a Utah SIP revision 
revising the date of incorporation by reference of the Federal PSD 
program to July 1, 2018.\12\ With this Utah SIP revision, the Utah SIP 
now generally reflects all changes to PSD requirements that the EPA has 
promulgated through the revised date of incorporation by reference.
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    \12\ See Proposed Rule, Revisions to the Utah Division of 
Administrative Rules, 85 FR 14606 (April 13, 2020). We did not 
receive any comments on our proposed approval and anticipate 
finalizing that approval before any final action on this proposal.
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    For the above reasons, the EPA is proposing to approve Utah's SIP 
for the 2015 ozone NAAQS with respect to the requirement in section 
110(a)(2)(C) to include a permit program in the SIP as required by part 
C of the Act.
Minor NSR Requirements
    The State has a SIP-approved minor NSR program, adopted under 
section 110(a)(2)(C) of the Act.\13\ Since approval of the minor NSR 
program, the State and the EPA have relied on the program to assure 
that new and modified sources not captured by the major NSR permitting 
programs do not interfere with attainment and maintenance of the NAAQS. 
Utah's minor NSR program, as approved into the SIP, covers the 
construction and modification of stationary sources of regulated NSR 
pollutants, including PM2.5, lead, and ozone and its 
precursors.
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    \13\ See Final Rule, Approval and Promulgation of Air Quality 
Implementation Plans; Utah; Revisions to Utah Administrative Code--
Permit: New and Modified Sources, 79 FR 7072, 7076 (July 19, 2016).
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    The EPA is proposing to approve Utah's infrastructure SIP for the 
2015 ozone NAAQS with respect to the general requirement in section 
110(a)(2)(C) to include a program in the SIP that regulates the 
enforcement,

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modification, and construction of any stationary source as necessary to 
assure that the NAAQS are achieved.

D. CAA Section 110(a)(2)(D): Interstate Transport

    CAA section 110(a)(2)(D)(i) consists of four separate elements, or 
``prongs.'' CAA section 110(a)(2)(D)(i)(I) requires SIPs to contain 
adequate provisions prohibiting emissions that will contribute 
significantly to nonattainment of the NAAQS in any other state (prong 
1), and adequate provisions prohibiting emissions that will interfere 
with maintenance of the NAAQS by any other state (prong 2). CAA section 
110(a)(2)(D)(i)(II) requires SIPs to contain adequate provisions 
prohibiting emissions that will interfere with any other state's 
required measures to prevent significant deterioration of its air 
quality (prong 3), and adequate provisions prohibiting emissions which 
will interfere with any other state's required measures to protect 
visibility (prong 4). This proposed action will not address the prongs 
1, 2, and 4 portions of the Utah 2015 ozone infrastructure SIP. We will 
act on these portions of Utah's infrastructure SIP in a separate 
rulemaking action.
Prong 3: Interference With PSD Measures
    As to in-state sources subject to PSD permitting, the prong 3 (PSD) 
requirement of CAA section 110(a)(2)(D)(II) may be met for all NAAQS by 
a state's confirmation in an infrastructure SIP submission that new 
major sources and major modifications in the state are subject to a 
comprehensive EPA-approved PSD permitting program in the SIP that 
applies to all regulated NSR pollutants and that satisfies the 
requirements of the EPA's PSD implementation rule(s).\14\ As discussed 
above in connection with Element (C), Utah has provided that 
confirmation by demonstrating that it has a federally approved PSD 
program, current as of the most recent revisions to 40 CFR 52.21.
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    \14\ See 2013 Memo at 31 (``This is because in order to be 
approved by the EPA, a major source PSD permitting program would 
need to fully consider source impacts on air quality in other 
states.'').
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    In-state sources that are not subject to PSD permitting--that is, 
in-state sources not subject to PSD for any one or more of the 
pollutants subject to regulation under the CAA because they are in a 
nonattainment area for a NAAQS related to those particular pollutants--
may also have the potential to interfere with PSD in an attainment or 
unclassifiable area of another state. One way a state may satisfy prong 
3 with respect to these sources is by citing the air agency's EPA-
approved nonattainment NSR provisions addressing all pollutants for 
which the state has designated nonattainment areas. Utah has a SIP-
approved nonattainment NSR program \15\ which ensures regulation of 
major sources and major modifications in nonattainment areas, and 
therefore we find that this satisfies prong 3 with regard to this 
requirement.
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    \15\ See Final Rule, Approval and Promulgation of Air Quality 
Implementation Plans; State of Utah; Revisions to Nonattainment 
Permitting Regulations, 84 FR 35831 (July 25, 2019).
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    Accordingly, the EPA is proposing to approve the infrastructure SIP 
submission as meeting the applicable prong 3 requirements of section 
110(a)(2)(D)(i)(II) for the 2015 ozone NAAQS.
110(a)(2)(D)(ii): Interstate and International Transport Provisions
    CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions 
ensuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). CAA section 126 requires notification to neighboring states 
of potential impacts from a new or modified major stationary source and 
specifies how a state may petition the EPA when a major source or group 
of stationary sources in a state is thought to contribute to certain 
pollution problems in another state. CAA section 115 governs the 
process for addressing air pollutants emitted in the United States that 
cause or contribute to air pollution that may reasonably be anticipated 
to endanger public health or welfare in a foreign country.
    To address CAA section 110(a)(2)(D)(ii), Utah states that no 
sources within the State are the subject of an active finding under CAA 
section 126 with respect to the 2015 ozone NAAQS, and that there are no 
final findings under CAA section 115 against Utah with respect to the 
2015 ozone NAAQS. In the assessing CAA section 110(a)(2)(D)(ii), we 
reviewed the information presented by Utah in its 2015 ozone 
infrastructure SIP submission, as well as relevant portions of the EPA-
approved Utah SIP. As required by 40 CFR 51.166(q)(2)(iv), Utah's SIP-
approved PSD program requires major new or modified sources to provide 
notice to states whose air quality may be impacted by the emissions of 
sources subject to PSD.\16\ This suffices to meet the notice 
requirement of section 126(a). Utah also has no pending obligations 
under sections 126(c) or 115(b) of the CAA. Therefore, the Utah 
infrastructure SIP currently meets the requirements of those sections. 
For these reasons, the EPA is proposing to approve the Utah SIP as 
fully meeting the requirements of CAA section 110(a)(2)(D)(ii) for the 
2015 ozone NAAQS.
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    \16\ See Final Rule, Approval, Disapproval, and Promulgation of 
Air Quality Implementation Plans; Utah; Revisions to New Source 
Review Rules, 76 FR 41712 (July 15, 2011) (approving incorporation 
of most 40 CFR 52.21 requirements into state program).
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E. CAA Section 110(a)(2)(E): Adequate Resources

    Section 110(a)(2)(E)(i) requires each state to provide necessary 
assurances that it will have adequate personnel, funding, and authority 
under state law to carry out the SIP (and is not prohibited by any 
provision of federal or state law from carrying out the SIP or portion 
thereof). Section 110(a)(2)(E)(ii) requires each state to comply with 
the requirements respecting state boards under CAA section 128. Section 
110(a)(2)(E)(iii) requires each state to ``provide necessary assurances 
that, where the State has relied on a local or regional government, 
agency, or instrumentality for the implementation of any [SIP] 
provision, the State has responsibility for ensuring adequate 
implementation of such [SIP] provision.''
    The provisions in Chapter 2 of Title 19 of the Utah Code and Utah 
SIP section I (Legal Authority) provide the UDAQ and the AQB adequate 
authority to carry out SIP obligations with respect to the 2015 ozone 
NAAQS. The State receives section 105 grant funds through its 
Performance Partnership Grant, along with required state matching funds 
to provide funding necessary to carry out Utah's SIP requirements (Utah 
SIP section V, Resources). Utah's Performance Partnership Agreement 
with the EPA documents that the State has the resources needed to carry 
out agreed environmental program goals, measures, and commitments, 
including developing and implementing appropriate SIPs for all areas of 
the State. Annually, states update these grant commitments based on 
current SIP requirements, air quality planning, and applicable 
requirements related to the NAAQS. Furthermore, R307-414, Permits: Fees 
for Approval Orders, requires the owner and operator of each new major 
source or major modification to pay a fee sufficient to cover 
reasonable costs of reviewing and acting upon the notice of intent and 
implementing and enforcing requirements placed on such source by any 
approval order issued. Collectively, these rules and commitments 
provide evidence that UDEQ has adequate

[[Page 33056]]

personnel, funding, and legal authority to carry out the State's 
implementation plan and related issues.
    With respect to section 110(a)(2)(E)(iii), the regulations cited by 
Utah in their submittals (Utah SIP section VI, Intergovernmental 
Cooperation) also provide the necessary assurances that the State has 
responsibility for adequate implementation of SIP provisions by local 
governments. Therefore, we propose to approve Utah's SIP as meeting the 
requirements of section 110(a)(2)(E)(i) and (E)(iii) for the 2015 ozone 
NAAQS.
    Section 110(a)(2)(E)(ii) requires each state's SIP to contain 
provisions that comply with the requirements of section 128 of the CAA. 
Section 128 contains two explicit requirements: (i) That ``any board or 
body which approves permits or enforcement orders under [the CAA] shall 
have at least a majority of members who represent the public interest 
and do not derive any significant portion of their income from persons 
subject to permits or enforcement orders'' under the CAA; and (ii) that 
``any potential conflicts of interest by members of such board or body 
or the head of an executive agency with similar powers be adequately 
disclosed.''
    On February 14, 2006, EPA approved SIP section 1 (Legal Authority) 
into the Utah SIP as codified in UAR R307-110-2.\17\ Utah SIP section 1 
(Legal Authority) specifies certain requirements regarding the 
composition of the State board and disclosure by its members of 
potential conflicts of interest. Details on how this portion of the 
Procedural Rules meet the requirements of section 128 are provided in 
our April 26, 2016 proposal.\18\ In our August 2, 2016 final action, we 
correspondingly approved Utah's infrastructure SIP for the 2008 ozone 
NAAQS for element (E)(ii).\19\ Section 128 is not NAAQS-specific, and 
once the State has met the requirements of section 128, that is 
sufficient for purposes of section 110(a)(2)(E)(ii) for all NAAQS. 
Therefore, Utah's SIP continues to meet the requirements of section 
110(a)(2)(E)(ii). We are proposing to approve the State's January 29, 
2020 SIP submission as meeting the requirements of section 128 because 
it continues to comply with the statutory requirements and is 
consistent with the EPA's guidance recommendations concerning section 
128.
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    \17\ See Final Rule, Approval and Promulgation of Air Quality 
Implementation Plans; Utah; Rule Recodification, 71 FR 7679, 7682 
(February 14, 2006); 40 CFR 52.2320.
    \18\ See Proposed Rule, Promulgation of State Implementation 
Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008 
Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 
National Ambient Air Quality Standards; Utah, 81 FR 24525, 24531-
24532 (April 26, 2016).
    \19\ See Final Rule, Promulgation of State Implementation Plan 
Revisions; Infrastructure Requirements for the 2008 Lead, 2008 
Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 
National Ambient Air Quality Standards; Utah, 81 FR 50626 (Aug. 2, 
2016).
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F. CAA Section 110(a)(2)(F): Stationary Source Monitoring System

    Under section 110(a)(2)(F), the SIP must require, as may be 
prescribed by the EPA: (i) The installation, maintenance, and 
replacement of equipment, and the implementation of other necessary 
steps, by owners or operators of stationary sources to monitor 
emissions from such sources; (ii) Periodic reports on the nature and 
amounts of emissions and emissions-related data from such sources; and 
(iii) Correlation of such reports by the state agency with any emission 
limitations or standards established pursuant to the Act, which reports 
shall be available at reasonable times for public inspection.
    In its submission, Utah includes reference to EPA-approved section 
III (Source Surveillance) which describes the State's program of 
periodic emissions testing, emissions inventories, plant inspections 
and source monitoring.\20\Additionally, the State cites EPA-approved 
SIP section II (Review of New and Modified Air Pollution Sources) and 
SIP section VIII (Prevention of Significant Deterioration) as the 
State's program for new or modified sources to submit plans to UDEQ 
(and receive approval) prior to construction or modification of 
stationary sources. Utah also cites UAR rules in its submission 
(including R307-150, R307-165 and R307-170) that require certain large 
sources to install and maintain continuous emission monitors to assure 
compliance with emission limitations established in approval orders and 
the SIP.\21\ In addition, Utah provides for monitoring, recordkeeping, 
and reporting requirements for sources subject to minor and major 
source permitting.
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    \20\ Utah 2015 Ozone Infrastructure SIP Submission, p. 15; see 
40 CFR 52.2320.
    \21\ Utah 2015 Ozone Infrastructure SIP Submission, p. 15.
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    Additionally, Utah is required to submit emissions data to the EPA 
for purposes of the National Emissions Inventory (NEI). The NEI is the 
EPA's central repository for air emissions data. The EPA published the 
Air Emissions Reporting Rule (AERR) on December 5, 2008, which modified 
the requirements for collecting and reporting air emissions data (73 FR 
76539). The AERR shortened the time states had to report emissions data 
from 17 to 12 months, giving states one calendar year to submit 
emissions data. All states are required to submit a comprehensive 
emissions inventory every three years and report emissions for certain 
larger sources annually through the EPA's online Emissions Inventory 
System. States report emissions data for the six criteria pollutants 
and their associated precursors--nitrogen oxides, sulfur dioxide, 
ammonia, lead, carbon monoxide, particulate matter and volatile organic 
compounds. Many states also voluntarily report emissions of hazardous 
air pollutants. Utah made its latest update to the NEI in November 
2019. The EPA compiles the emissions data, supplementing it where 
necessary, and releases it to the general public through the website 
https://www.epa.gov/air-emissions-inventories.
    Based on the analysis above, we propose to approve the Utah SIP as 
meeting the requirements of CAA section 110(a)(2)(F) for the 2015 ozone 
NAAQS.

G. CAA Section 110(a)(2)(G): Emergency Powers

    Section 110(a)(2)(G) of the CAA requires infrastructure SIPs to 
``provide for authority comparable to that in [CAA Section 303] and 
adequate contingency plans to implement such authority.'' Under CAA 
section 303, the Administrator has authority to file suit to 
immediately restrain an air pollution source that presents an imminent 
and substantial endangerment to public health or welfare, or the 
environment. If it is not practicable to assure prompt protection by 
filing suit, then the Administrator has authority to issue temporary 
administrative orders to protect the public health or welfare, or the 
environment. Those orders can be extended if the EPA subsequently files 
a civil suit.
    In our April 2016 proposed Utah infrastructure SIP action, we 
explained how Utah meets the requirement that the plan provide for 
State authority comparable to that in CAA section 303.\22\ For the 
reasons stated in the April 2016 document, we are proposing to approve 
the State's submittal for this requirement of section 110(a)(2)(G) with 
respect to the 2015 ozone NAAQS.
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    \22\ See 81 FR at 24534 (proposing to approve Utah SIP as 
meeting CAA section 110(a)(2)(G) requirement to provide authority 
comparable to that in CAA section 303); 81 FR 50626 (taking final 
action on proposal).
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    As discussed above, each state must also have adequate contingency 
plans adopted into the SIP to implement the air agency's emergency 
episode authority. This can be done by

[[Page 33057]]

submitting a plan that meets the applicable requirements of 40 CFR part 
51, subpart H for the relevant NAAQS, if the NAAQS is covered by those 
regulations. Evaluating Utah's plan in our 2016 infrastructure SIP 
action, we found that Utah's air pollution emergency rules, consistent 
with the subpart H requirements, address ozone (as well as several 
other pollutants); establish stages of episode criteria; provide for 
public announcement whenever any episode stage has been determined to 
exist; and specify emission control actions to be taken at each episode 
stage.\23\ The 2016 action concerned the 2008 ozone standard, but as to 
ozone, Utah's SIP-approved criteria for emergency episodes remain 
consistent with the Significant Harm Levels established in EPA's 
regulations.\24\ Accordingly, Utah's contingency plans remain 
approvable with respect to the 2015 ozone standard.
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    \23\ See 81 FR 24525, 24533 (proposal); 81 FR 50626 (final 
rule).
    \24\ Compare UAC R307-105-1 with 40 CFR 51.151.
---------------------------------------------------------------------------

    For these reasons, we propose approval of Utah's SIP as meeting the 
requirements of CAA section 110(a)(2)(G) for the 2015 ozone NAAQS.

H. CAA Section 110(a)(2)(H): Future SIP Revisions

    Section 110(a)(2)(H) requires that SIPs provide for revision ``(i) 
from time to time as may be necessary to take account of revisions of 
such national primary or secondary ambient air quality standard or the 
availability of improved or more expeditious methods of attaining such 
standard, and (ii), except as provided in paragraph (3)(C), whenever 
the Administrator finds on the basis of information available to the 
Administrator that the SIP is substantially inadequate to attain the 
NAAQS which it implements or to otherwise comply with any additional 
requirements'' under the Act.
    Utah SIP section I cites 19-2-104 (describing the powers of the Air 
Quality Board) and 19-2-109 (the State's Air Conservation Act) and of 
the Utah Code. We have previously found that these provisions give the 
AQB sufficient authority to meet the requirements of CAA section 
110(a)(2)(H), and find that the basis for that finding is still 
valid.\25\ We therefore propose to approve Utah's SIP as meeting the 
requirements of CAA section 110(a)(2)(H).
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    \25\ See 81 FR 24525, 24533-24534 (proposal); 81 FR 50626 (final 
rule).
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I. CAA Section 110(a)(2)(I): Nonattainment Area Plan Revision Under 
Part D

    There are two elements identified in CAA section 110(a)(2) that are 
not governed by the three-year submission deadline of CAA section 
110(a)(1) because SIPs incorporating necessary local nonattainment area 
controls are due on nonattainment area plan schedules pursuant to 
section 172 and the various pollutant-specific subparts 2 through 5 of 
part D. These are submissions required by: (i) CAA section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required in 
part D, Title I of the CAA; and (ii) section 110(a)(2)(I) which pertain 
to the nonattainment planning requirements of part D, Title I of the 
CAA. As a result, this action does not address CAA section 110(a)(2)(C) 
with respect to nonattainment NSR or CAA section 110(a)(2)(I).

J. CAA Section 110(a)(2)(J): Consultation With Government Officials, 
Public Notification, PSD and Visibility Protection

    CAA section 110(a)(2)(J) requires states to provide a process for 
consultation with local governments and FLMs pursuant to CAA section 
121. In addition, states must satisfy the requirements of CAA section 
127 concerning measures to notify the public if NAAQS are exceeded in 
an area, and to enhance public awareness of measures that can be taken 
to prevent exceedances and of the ways for the public to participate in 
air quality improvement efforts. Finally, as noted above, CAA section 
110(a)(2)(J) requires states to meet applicable requirements of part C, 
Title I of the CAA related to PSD and visibility protection.
    In its submittals, the State cites SIP section I (Legal Authority) 
adopting requirements for transportation consultation, SIP section VI 
(Intergovernmental Cooperation), and SIP section XII (Transportation 
Conformity Consultation) to meet the requirements of CAA section 
121.\26\ The State has thereby demonstrated that it has the authority 
and rules in place to provide a process of consultation with general 
purpose local governments, designated organizations of elected 
officials of local governments and any Federal Land Manager having 
authority over federal land to which the SIP applies, consistent with 
the requirements of CAA section 121. In its submission, Utah cites SIP 
section XVI (Public Notification), which is the State's plan to report 
monitored levels of emissions both daily and annually, which meets the 
general requirements of CAA section 127 to notify the public when the 
NAAQS have been exceeded.
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    \26\ Utah 2015 Ozone Infrastructure SIP Submission, p. 17.
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    As to the section 110(a)(2)(J) requirement to address Part C's PSD 
requirements, we have discussed the State's program above in connection 
with section 110(a)(2)(C). As we have noted, the requirements for 
Element (J) in relation to a comprehensive PSD permitting program are 
the same as the requirements with respect to Element (C). Our proposed 
approval of the State's submissions with respect to Element (C) 
therefore applies to the PSD component of Element (J).
    Finally, with regard to the applicable requirements for visibility 
protection, the EPA recognizes that states are subject to visibility 
and regional haze program requirements under Part C of the Act. In the 
event of the establishment of a new NAAQS, however, the visibility and 
regional haze program requirements under Part C do not change. Thus, we 
find that there are no newly applicable visibility requirements under 
section 110(a)(2)(J) when a new NAAQS becomes effective, and thus no 
requirement for Utah to address the visibility component of Element (J) 
in its infrastructure SIP.
    For these reasons, we propose to approve the Utah SIP as meeting 
the requirements of CAA section 110(a)(2)(J) for the 2015 ozone NAAQS.

K. CAA Section 110(a)(2)(K): Air Quality and Modeling/Data

    CAA section 110(a)(2)(K) requires that SIPs provide for (i) the 
performance of air quality modeling as the Administrator may prescribe 
for the purpose of predicting the effect on ambient air quality of any 
emissions of any NAAQS pollutant, and (ii) the submission, upon 
request, of data related to such air quality modeling to the 
Administrator. Applicable EPA requirements for air quality modeling for 
criteria pollutants are found in 40 CFR part 51, appendix W, Guideline 
on Air Quality Models.\27\
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    \27\ In its most recent revision to appendix W, the EPA stated 
that revised requirements must be ``integrated into the regulatory 
processes of respective reviewing authorities and followed by 
applicants by no later than January 17, 2018.'' Final Rule, 
Revisions to the Guideline on Air Quality Models: Enhancements to 
the AERMOD Dispersion Modeling System and Incorporation of 
Approaches to Address Ozone and Fine Particulate Matter, 82 FR 5182 
(Jan. 17, 2017). On April 13, 2020, we proposed to approve portions 
of a Utah SIP revision that revised the date of incorporation by 
reference for appendix W to comply with EPA's January 17, 2017 
revisions to appendix W. See 85 FR 14606. As noted previously, we 
did not receive any comments on our proposed approval and anticipate 
that that approval will be final before any final action on this 
proposal.

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[[Page 33058]]

    In its submissions, Utah cites UAR rule R307-405-13, which 
incorporates by reference the air quality model provisions of 40 CFR 
52.21(l), which includes the air quality model requirements of appendix 
W of 40 CFR part 51, pertaining to the Guideline on Air Quality 
Models.\28\ Additionally, the State cites EPA-approved SIP section II 
(Review of New and Modified Air Pollution Sources) and SIP section VIII 
(Prevention of Significant Deterioration) as the State's program for 
new or modified sources to submit plans to UDEQ (and receive approval) 
prior to construction or modification of stationary sources. Utah's PSD 
program incorporates by reference the federal program at 40 CFR 52.21, 
including the provision at 52.21(l)(1) requiring that estimates of 
ambient air concentrations be based on applicable air quality models 
specified in appendix W of 40 CFR part 51, and the provision at 
52.21(l)(2) requiring that modification or substitution of a model 
specified in appendix W must be approved by the Administrator.
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    \28\ Utah 2015 Ozone Infrastructure SIP Submission, p.19.
---------------------------------------------------------------------------

    Therefore, we propose to approve the Utah SIP as meeting the CAA 
section 110(a)(2)(K) for the 20015 ozone NAAQS.

L. CAA Section 110(a)(2)(L): Permitting Fees

    CAA section 110(a)(2)(L) provides that SIPs must require each major 
stationary source to pay permitting fees to cover the cost of 
reviewing, approving, implementing and enforcing a permit. Utah's SIP-
approved rules require the owner and operator of each new major source 
or major modification to pay a fee sufficient to cover the reasonable 
costs of reviewing and acting upon the notice of intent and 
implementing and enforcing requirements placed on such source by any 
approval order issued.\29\ Likewise, SIP section I (Legal Authority) 
``identifies the statutory authority to charge a fee to major sources 
to cover permit and enforcement expenses.'' \30\ Finally, the State's 
submissions cite R307-415, which is the state regulation that provides 
for collection of permitting fees under Utah's approved title V permit 
program.\31\ As discussed in that approval, the State demonstrated that 
the fees collected were sufficient to administer the program.\32\ 
Therefore, we propose to approve the submissions as supplemented by the 
State for the 2015 ozone NAAQS.
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    \29\ See UAC rule R307-414, Permits: Fees for Approval Orders; 
40 CFR 52.2320.
    \30\ See SIP Section I (Legal Authority), codified at UAC R307-
10-2; 40 CFR 52.2320.
    \31\ See Clean Air Act Final Full Approval of Operating Permits 
Program; Approval of Construction Permit Program Under Section 
112(l); State of Utah, 60 FR 30192 (June 8, 1995); 40 CFR 52.2320.
    \32\ Utah 2015 Ozone Infrastructure SIP Submission, p.19.
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M. CAA Section 110(a)(2)(M): Consultation/Participation by Affected 
Local Entities

    CAA section 110(a)(2)(M) requires states to provide for 
consultation and participation in SIP development by local political 
subdivisions affected by the SIP. To satisfy this requirement, Utah 
refers to SIP section VI (Intergovernmental Cooperation), codified at 
R307-110-7. The provisions of this section require and provide 
authority for public hearings, notice of hearings, public comment 
periods, and the consultation and coordination between state and local 
governments. The EPA most recently approved this rule on February 14, 
2006.\33\ The rules and regulations cited by Utah provide for the 
consultation and participation by local political subdivisions affected 
by the SIP; therefore, we are proposing to approve the Utah SIP as 
meeting the requirements of CAA section 110(a)(2)(M) for the 2015 ozone 
NAAQS.
---------------------------------------------------------------------------

    \33\ 71 FR 7679.
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IV. Proposed Action

    In this rulemaking, we are proposing approval for multiple elements 
of the infrastructure SIP requirements for the 2015 ozone NAAQS for 
Utah along with a proposed no action for three infrastructure elements 
for Utah. Our proposed actions are contained in Table 1 below.
    The EPA is proposing to approve Utah's January 29, 2020 SIP 
submission for the following CAA section 110(a)(2) infrastructure 
elements for the 2015 ozone NAAQS: (A), (B), (C), (D)(i)(II) Prong 3, 
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The EPA is 
proposing no action on (D)(i)(I) Prongs 1 and 2, and (D)(i)(II) Prong 
4.
    In the table below, the key is as follows:
    A--Approve.
    D--Disapprove.
    NA--No Action.

  Table 1--Infrastructure Elements That the EPA Is Proposing To Act On
------------------------------------------------------------------------
     2015 Ozone NAAQS Infrastructure SIP Elements: Utah
------------------------------------------------------------------------
(A): Emission Limits and Other Control Measures.............          A
(B): Ambient Air Quality Monitoring/Data System.............          A
(C): Program for Enforcement of Control Measures............          A
(D)(i)(I): Prong 1 Interstate Transport--significant                 NA
 contribution...............................................
(D)(i)(I): Prong 2 Interstate Transport--interference with           NA
 maintenance................................................
(D)(i)(II): Prong 3 Interstate Transport--prevention of               A
 significant deterioration..................................
(D)(i)(II): Prong 4 Interstate Transport--visibility........         NA
(D)(ii): Interstate and International Pollution Abatement...          A
(E): Adequate Resources.....................................          A
(F): Stationary Source Monitoring System....................          A
(G): Emergency Episodes.....................................          A
(H): Future SIP revisions...................................          A
(J): Consultation with Government Officials, Public                   A
 Notification, PSD and Visibility Protection................
(K): Air Quality and Modeling/Data..........................          A
(L): Permitting Fees........................................          A
(M): Consultation/Participation by Affected Local Entities..          A
------------------------------------------------------------------------


[[Page 33059]]

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 proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this 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, 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 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, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

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

    Dated: May 18, 2020.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2020-11182 Filed 5-29-20; 8:45 am]
BILLING CODE 6560-50-P


