[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Rules and Regulations]
[Pages 35809-35811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11163]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0696; FRL-10009-49-Region 8]


Approval and Promulgation of Air Quality State Implementation 
Plans; Provo, Utah Second 10-Year Carbon Monoxide Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve State Implementation Plan (SIP) revisions submitted 
by the State of Utah on January 14, 2019. This submittal includes a 
Clean Air Act (CAA) section 175A(b) second 10-year limited maintenance 
plan (LMP) for the Provo area for the Carbon Monoxide (CO) National 
Ambient Air Quality Standard (NAAQS) and revisions to R307-110-12, 
which incorporates the LMP into the Utah SIP, Section IX, Part C, 
Carbon Monoxide into Air Quality rules. The EPA is taking this action 
pursuant to the CAA.

DATES: This rule is effective on July 13, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0696. 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: Amrita Singh, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6103, singh.amrita@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us'' or ``our'' is used, we mean the EPA.

I. Background

    On March 2, 2020 (85 FR 12241), the EPA proposed approval of the 
Provo, second 10-year maintenance plan; which is located at Section IX, 
Part C.6 of the Utah SIP. The CAA section 175A(b) requires that eight 
years after an area is redesignated to attainment, the state must 
submit a subsequent maintenance plan to the EPA, covering a second 10-
year period.\1\ This second 10-year maintenance plan must demonstrate 
continued compliance with the NAAQS during this second 10-year period. 
To fulfill this requirement of the CAA, the Governor of Utah, submitted 
the second 10-year update of the Provo CO maintenance plan (hereafter; 
``revised Provo Maintenance Plan'') to us on January 14, 2019. 
Additionally, Utah submitted revisions to R307-110-12, Section IX, 
Control Measures for Area and Point Sources, Part C, Carbon Monoxide, 
which incorporates the revised CO LMP.
---------------------------------------------------------------------------

    \1\ In this case, the initial maintenance period extended 
through 2015.
---------------------------------------------------------------------------

    For the revised Provo Maintenance Plan, the State used the LMP 
option to demonstrate continued maintenance of the CO NAAQS in the 
Provo area. The

[[Page 35810]]

EPA has verified that the Provo area qualifies for the LMP option 
because the maximum design value for the most recent eight consecutive 
quarters with certified data at the time the State adopted the plan was 
1.6 ppm.

II. Response to Comments

    The comment period for our March 2, 2020 (85 FR 12241), proposed 
rule was open for 30 days. The EPA received one comment on the proposed 
rule pertaining to EPA's Motor Vehicle Emission Simulator (MOVES) 2014 
modeling.
    Comment: The commenter asserts that EPA needs to recalculate the 
mobile source emission inventory using MOVES2014 modeling based on the 
newest updates to the finalized clean car regulations. Referring to 
recently lowered fuel economy standards, the commenter states that EPA 
needs to update its MOVES2014 modeling to assume the lower fuel economy 
and higher NOX, and HC emission. The commenter urges the 
only way that EPA can be sure the Provo area can maintain the CO 
standard for another 10 years is by accounting for the decreases in 
fuel economy.
    Response: We do not agree that the 2016 attainment inventory 
submitted by the Utah Division of Air Quality (UDAQ) as part of this 
Second 10-year LMP is flawed or needs to be recalculated based on new 
changes to fuel economy standards. The purpose of the requirement to 
provide an attainment inventory in a LMP is to identify a level of 
emissions in the area sufficient to attain the NAAQS. See EPA'S LMP 
October 6, 1995 guidance document (Docket EPA-R08-OAR-2019-0696-003), 
at 3. By definition, areas that meet the criteria to qualify for a LMP 
are not providing a projection of future emissions in order to 
demonstrate maintenance of the NAAQS; these areas qualify for an 
exemption from that demonstration by virtue of attaining a design value 
that is well below the level of the NAAQS over an extended period of 
time.
    The attainment year inventory submitted by UDAQ in this case 
provided emissions for the year 2016. To prepare the 2016 attainment 
year inventory to support the CO LMP for Provo, the UDAQ used the EPA's 
MOVES model (MOVES2014a) to calculate the CO emissions inventory for a 
typical winter day in 2016. As the commenter notes, the EPA and U.S. 
Department of Transportation have recently promulgated new vehicle fuel 
economy standards in the Safer Affordable Fuel Efficient (SAFE) 
Vehicles final rule. However, the SAFE rule will only affect vehicle 
model years 2021-2026. As the SAFE rule would only have an effect on 
the emission inventories prepared for 2021 and later, it has no bearing 
on the accuracy of the 2016 attainment inventory. The EPA therefore 
finds MOVES modeling completed by the UDAQ, for the Provo CO LMP, 
appropriately captures the emissions for the 2016 attainment year 
inventory and additional modeling is not necessary.

III. Final Action

    The EPA is approving the revised Provo CO LMP and revision to R307-
110-12 submitted on January 14, 2019. The Provo CO LMP is located at 
Section IX, Part C.6 of the Utah SIP. This maintenance plan meets the 
applicable CAA requirements, and we have determined it is sufficient to 
provide for maintenance of the CO NAAQS over the course of the second 
10-year maintenance period out to 2025. In addition, the EPA is 
approving the Provo LMP as meeting the appropriate transportation 
conformity requirements found in 40 CFR part 93, subpart A.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text in an EPA 
final rule that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing to incorporate by 
reference the UDAQ rules promulgated in the DAR, R307-110-12 and 
Section IX, Part C.6 as discussed in section III of the preamble. The 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region 8 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information). Therefore, 
these materials have been approved by the EPA for inclusion in the 
State implementation plan, have been incorporated by reference by the 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
the EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\2\
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this 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 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

[[Page 35811]]

Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 11, 2020. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
dioxide, Volatile organic compounds.

    Dated: May 18, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.

    Accordingly, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart TT--Utah

0
2. In Sec.  52.2320:
0
a. In the table in paragraph (c), revise the entry ``R307-110-12''.
0
b. In the table in paragraph (e), revise the entry ``Section IX.C.6. 
Carbon Monoxide, Provo''.
    The revisions read as follows:


Sec.  52.2320   Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                        State       Final rule citation,
         Rule No.                Rule title        effective date           date                  Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            R307-110. General Requirements: State Implementation Plan
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
R307-110-12..............  Section IX. Control           6/7/2018  [insert Federal         Only include
                            Measures for Area and                   Register citation], 6/  provisions
                            Point Sources, Part                     12/2020.                incorporated from
                            C, Carbon Monoxide.                                             Section IX, Part C.6
                                                                                            (Provo).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                              State
               Rule title                effective date  Final rule citation, date            Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 IX. Control Measures for Area and Point Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section IX.C.6. Carbon Monoxide, Provo.        6/7/2018  [insert Federal Register
                                                          citation], 6/12/2020.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-11163 Filed 6-11-20; 8:45 am]
BILLING CODE 6560-50-P


