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1EPA’s approval of a SIP has several 

consequences. For example, after the EPA approves 

a SIP, the EPA and citizens may enforce the SIP’s 

requirements in federal court under section 113 and 

section 304 of the Act; in other words, the EPA’s 

approval of a SIP makes the SIP ‘‘federally 

enforceable.’’ Also, once the EPA has approved a 

SIP, a state cannot unilaterally change the federally 

enforceable version of the SIP. Instead, the state 

must first submit a SIP revision to the EPA and gain 

EPA’s approval of that revision. 

• 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 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 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 22, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2021–03984 Filed 2–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R08–OAR–2020–0021; FRL–10020– 

28–Region 8] 

Approval and Promulgation of 

Implementation Plans; State of Utah; 

Logan, Utah-Idaho PM2.5

Redesignation to Attainment, 

Maintenance Plan, and Rule Revisions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the request by the State of Utah to 

redesignate the Logan, Utah-Idaho (UTID) nonattainment area (NAA) (‘‘Logan 

NAA’’) to attainment status for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

2.5 microns (PM2.5), and to approve 

related State Implementation Plan (SIP) 

revisions submitted by the State of Utah 

on November 5, 2019, and January 13, 

2020. The redesignation request 

documents that the area has attained the 

2006 PM2.5 National Ambient Air 

Quality Standards (NAAQS) and 

provides supporting information. The 

November 5, 2019 submittal includes 

revisions to Utah’s R307–110–31 and 

R307–110–36 rules, concerning SIP 

Sections X.A and X.F. The January 13, 

2020 submittal includes revisions to 

UAC R307–110–10 and the maintenance 

plan for the Logan NAA, which 

demonstrates attainment through the 

year 2035. The EPA is taking this action 

pursuant to the Clean Air Act (CAA or 

the Act). A separate EPA redesignation 

rulemaking will be conducted for the 

Idaho portion of the Logan NAA. 

DATES: Written comments must be 

received on or before March 29, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2020–0021, 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. 

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 be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in 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: 

Crystal Ostigaard, Air and Radiation 

Division, Environmental Protection 

Agency (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, we mean 

the EPA. 

I. Background 

A. Statutory and Regulatory Background 

for EPA’s Regulation of PM2.5

Under section 109 of the Act, the EPA 

has promulgated NAAQS for certain 

pollutants, including PM2.5. Once the 

EPA promulgates a NAAQS, section 107 

of the Act specifies a process for the 

designation of each area within a state, 

generally as either an attainment area 

(an area attaining the NAAQS) or as a 

NAA (an area not attaining the NAAQS, 

or that contributes to nonattainment of 

the NAAQS in a nearby area). For PM2.5, 

certain areas have also been designated 

‘‘unclassifiable.’’ These various 

designations, in turn, trigger certain 

state planning requirements. 

For all areas, regardless of 

designation, section 110 of the Act 

requires that each state adopt and 

submit for EPA approval a plan to 

provide for implementation, 

maintenance, and enforcement of the 

NAAQS. This plan is commonly 

referred to as a SIP. Section 110 

contains requirements that a SIP must 

meet to gain EPA approval.1 For NAAs, 

SIPs must meet additional requirements 

in part D of Title I of the Act. Usually, 

SIPs include measures to control 

emissions of air pollutants from various 

sources, including stationary, mobile, 

and area sources. For example, a SIP 

may specify emission limits at power 

plants or other industrial sources. 

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 (mg/m3) to 35 mg/m3. On 


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2 72 FR 20586 (Apr. 25, 2007). 

3Nat. Res. Def. Council v. EPA, 706 F.3d 428, 437 

(D.C. Cir. 2013) (NRDC). 

November 13, 2009 (74 FR 58688), the 

EPA designated three areas in Utah as 

Moderate NAAs for the 2006 24-hour 

PM2.5 NAAQS of 35 mg/m3: The Salt 

Lake City, Provo, and Logan NAAs. 

The Logan NAA is composed of 

portions of Cache County, UT and 

Franklin County, ID. The Cache Valley 

is an isolated, bowl-shaped valley 

measuring approximately 60 kilometers 

north to south and 20 kilometers east to 

west, almost entirely surrounded by 

mountain ranges. The Wellsville 

Mountains lie to the west, and on the 

east lie the Bear River Mountains; both 

are northern branches of the Wasatch 

Range. The State of Utah views 

topography as a barrier to air movement 

during the conditions that lead to 

elevated concentrations of fine 

particulates, and as the primary factor in 

determining where the population is 

located. The low-lying valleys that trap 

air during wintertime temperature 

inversions are also the regions where 

most people live. Additional 

information pertaining to the unique 

issues associated with the Logan NAA 

and studies completed on inversions 

can be found in the 9-factor analysis for 

Utah and Idaho in the November 13, 

2009 (74 FR 58688) action, ‘‘Air Quality 

Designations for the 2006 24-Hour Fine 

Particulate (PM2.5) National Ambient 

Air Quality Standards.’’ 

The EPA issued a rule in 2007 2

regarding implementation of the 2006 

24-hour PM2.5 NAAQS for the NAA 

requirements specified in CAA title I, 

part D, subpart 1. Under subpart 1, Utah 

was required to submit an attainment 

plan for each area no later than three 

years from the date of nonattainment 

designation, addressing the 

requirements listed in section 172 of the 

Act. These plans needed to provide for 

the attainment of the PM2.5 standards as 

expeditiously as practicable, but no later 

than five years from the date the areas 

were designated nonattainment. 

In 2013, the U.S. Court of Appeals for 

the District of Columbia held that the 

EPA should have implemented the 2006 

PM2.5 24-hour standards, as well as the 

other PM2.5 NAAQS, based on both 

subpart 1 (sections 171–179B) and 

subpart 4 (sections 188–190) of CAA 

title I, part D.3 Under subpart 4, all 

NAAs are initially classified as 

Moderate, and Moderate area attainment 

plans must address the requirements of 

subpart 4 as well as subpart 1. 

Additionally, subpart 4 sets a different 

SIP submittal due date and attainment 

year. For a Moderate area, the 

attainment SIP is due 18 months after 

designation and the attainment year is 

as expeditiously as practicable, but no 

later than the end of the sixth calendar 

year after designation. Therefore, as a 

result of the 2013 NRDC decision the 

State of Utah was required to submit an 

attainment plan addressing subpart 4 

requirements in addition to subpart 1. 

EPA established the related deadlines in 

the Identification of Nonattainment 

Classification and Deadlines for 

Submission of State Implementation 

Plan (SIP) Provisions for the 1997 Fine 

Particulate (PM2.5) National Ambient 

Air Quality Standard (NAAQS) and 

2006 24-hour PM2.5 NAAQS rule, 

published on June 2, 2014 (79 FR 

31566). This rule classified as Moderate 

the areas that were designated in 2009 

as nonattainment and set the attainment 

SIP submittal due date for those areas at 

December 31, 2014. Additionally, this 

rule established the Moderate area 

attainment date as December 31, 2015. 

Under subparts 1 and 4, the State was 

required to include the following 

elements in its Moderate attainment 

plan: 

1. A comprehensive, accurate, current 

inventory of actual emissions from all 

sources of PM2.5 and PM2.5 precursors in 

the area. CAA section 172(c)(3). 

2. Provisions to assure that reasonably 

available control measures (RACM), 

including reasonably available control 

technologies (RACT), for the control of 

direct PM2.5 and PM2.5 precursors, shall 

be implemented no later than four years 

after the area is designated. CAA 

sections 172(c)(1) and 189(a)(1)(C). 

3. A demonstration (including air 

quality modeling) that the plan provides 

for attainment as expeditiously as 

practicable but no later than the 

Moderate area attainment date. CAA 

section 188(c)(1). 

4. Plan provisions that require 

reasonable further progress (RFP). CAA 

section 172(c)(2). 

5. Quantitative milestones, which are 

to be achieved every three years until 

the area is redesignated to attainment, 

and which demonstrate RFP toward 

attainment by the applicable date. The 

State is required to submit, not later 

than 90 days after the date on which a 

milestone applicable to the area occurs, 

a demonstration that all measures in the 

approved SIP have been implemented 

and the milestone has been met. CAA 

section 189(c); 40 CFR 51.1013(b). These 

submissions are referred to as 

‘‘quantitative milestone reports.’’ 

6. Provisions to assure that control 

requirements applicable to major 

stationary sources of PM2.5 also apply to 

major stationary sources of PM2.5

precursors, except where the state 

demonstrates to the EPA’s satisfaction 

that such sources do not contribute 

significantly to PM2.5 levels that exceed 

the standard in the area. CAA section 

189(e). 

7. Contingency measures to be 

implemented if the area fails to meet 

RFP or fails to attain by the applicable 

attainment date. CAA section 172(c)(9). 

8. A revision to the Nonattainment 

New Source Review (NNSR) program to 

set the applicable ‘‘major stationary 

source’’ thresholds to 100 tons per year 

(tpy). CAA section 302(j). Moderate area 

2006 24-hour PM2.5 attainment plans 

must also satisfy the general 

requirements applicable to all SIP 

submissions under section 110 of the 

CAA, including the requirement to 

provide necessary assurances that the 

implementing agencies have adequate 

personnel, funding, and authority under 

CAA section 110(a)(2)(E), and the 

requirements concerning enforcement in 

CAA section 110(a)(2)(C). 

On August 24, 2016 (81 FR 58010), 

the EPA finalized the Fine Particulate 

Matter National Ambient Air Quality 

Standards: State Implementation Plan 

Requirements rule (‘‘PM2.5

Requirements Rule’’), which further 

addressed the 2013 NRDC decision. The 

final PM2.5 Requirements Rule details 

how air agencies can meet the SIP 

requirements under subparts 1 and 4, 

such as general requirements for 

attainment plan due dates and 

attainment demonstrations; provisions 

for demonstrating RFP; quantitative 

milestones; contingency measures; 

NNSR permitting programs; and RACM 

(including RACT). 

B. Utah’s PM2.5 Attainment and SIP 

Status 

On September 8, 2017 (82 FR 42447), 

the EPA granted two one-year 

extensions to the Moderate attainment 

date for the 2006 24-hour PM2.5 Logan 

NAA. The Moderate attainment date 

was originally December 15, 2015, and 

the granting of these two extensions 

changed the attainment date to 

December 31, 2017. 

On October 19, 2018 (83 FR 52983), 

the EPA finalized a determination that 

the Logan PM2.5 NAA had attained the 

2006 primary and secondary 24-hour 

PM2.5 NAAQS by the December 31, 2017 

attainment date. Additionally, the EPA 

finalized a determination that the 

obligation to submit several remaining 

attainment-related SIP revisions arising 

from classification of the area as a 

Moderate NAA under subpart 4 of part 

D (of title I of the Act) for the 2006 24- 

hour PM2.5 NAAQS is not applicable 


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4 In designated nonattainment areas where 

monitored data demonstrate that the NAAQS have 

been achieved, the EPA interprets the CAA to 

provide that some of its requirements as no longer 

applicable as long as air quality continues to meet 

the standard. This CAA interpretation is known as 

the Clean Data Policy. As relevant to PM2.5 areas, 

this policy is reflected in EPA regulations at 40 CFR 

51.1015. 

5CAA Section 107(d)(3)(E). 

6Memorandum from John Calcagni, Director, Air 

Quality Management Division (Sep. 4, 1992) (the 

Calcagni Memorandum; available at https://

www.epa.gov/sites/production/files/2016-03/ 

documents/calcagni_memo_-_procedures_for_

processing_requests_to_redesignate_areas_to_

attainment_090492.pdf). 7See 80 FR 54237 (Sep. 9, 2015). 

under the Clean Data Policy 4 for so long 

as the area continues to attain the 2006 

24-hour PM2.5 NAAQS. After this 

determination, the State of Utah was no 

longer obligated to submit an attainment 

demonstration, a demonstration that 

RACM (including RACT) shall be 

implemented no later than 4 years 

following the date of designation of the 

area, a RFP plan, quantitative 

milestones and quantitative milestone 

reports, and contingency measures. The 

State’s remaining obligations include a 

baseline emissions inventory and a 

revised NNSR threshold. Also, for the 

Logan area to be redesignated to 

attainment, the State of Utah must still 

meet the statutory requirements for 

redesignation,5 as described in the 

EPA’s ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment’’ guidance document.6

The suspension of planning 

requirements pursuant to 40 CFR 

51.1015 does not preclude the State 

from submitting suspended elements of 

its Moderate area attainment plan, nor 

does it preclude the EPA from 

approving suspended elements, for the 

purpose of strengthening the SIP. 

Accordingly, the EPA approved portions 

of the Logan NAA SIP on October 24, 

2018 and November 23, 2018. On 

October 24, 2018, the EPA determined 

that the 2017 quantitative milestone 

report for the Logan PM2.5 NAA was 

adequate, which satisfied the 

quantitative milestone report 

requirement of CAA section 189(c) and 

40 CFR 51.1013(b). The determination 

letter from the EPA Administrator to the 

Governor of Utah is in the docket for 

this action. 

Finally, on November 23, 2018, the 

EPA approved portions of the Logan 

PM2.5 SIP (83 FR 59315) contained in 

Utah Administrative Code (UAC) R307– 

110–10, Section IX, Control Measures 

for Area and Point Sources, Part A, Fine 

Particulate Matter. The portions of the 

SIP that were approved include: (1) The 

emission inventory (satisfying the 

inventory requirement of CAA section 

172(c)(3)); (2) modeled attainment 

demonstration; (3) determination for 

Major Stationary Source RACT; (4) 

determination for On-Road Mobile 

Sources RACM; (5) the state’s 

determination that the previously 

approved 7 Cache County Inspection 

and Maintenance (I/M) Program 

constituted additional RACM; (6) 

determination for Off-Road Mobile 

Sources RACM; and (7) 2015 Motor 

Vehicle Emission Budgets (MVEB). 

Additionally, R307–110–10 incorporates 

by reference (IBRs) Utah SIP Section IX, 

Control Measures for Area and Point 

Sources, Part A, Fine Particulate Matter. 

On July 25, 2019 (84 FR 35832), the 

EPA approved revisions to R307–403, 

Permits: New and Modified Sources in 

Nonattainment Areas and Maintenance 

Areas. This rule covers the CAA’s NNSR 

requirements for PM2.5 NAAs. In Section 

II.B. below we briefly discuss this NNSR 

requirement and how the July 25, 2019 

action addresses it as to the Logan NAA. 

C. Redesignation Requests and Related 

Requirements 

For a NAA to be redesignated to 

attainment, the following conditions in 

section 107(d)(3)(E) of the CAA must be 

met: 

1. We must determine that the area 

has attained the NAAQS; 

2. The applicable implementation 

plan for the area must be fully approved 

under section 110(k) of the Act; 

3. We must determine that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable 

implementation plan and applicable 

Federal air pollutant control regulations 

and other permanent and enforceable 

reductions; 

4. We must fully approve a 

maintenance plan for the area as 

meeting the requirements of CAA 

section 175A; and 

5. The state containing the area must 

meet all requirements applicable to the 

area under section 110 and part D of the 

CAA. 

In the Calcagni Memorandum the 

Agency explains how it assesses the 

adequacy of redesignation requests 

against the conditions listed above. 

On January 13, 2020, the Governor of 

Utah submitted revisions to the SIP for 

R307–110–10, a maintenance plan for 

the Logan area (Utah SIP Section 

IX.A.28), and a request that the EPA 

redesignate this area to attainment for 

the 2006 24-hour PM2.5 NAAQS. R307– 

110–10 IBRs Section IX, Control 

Measures for Area and Point Sources, 

Part A, Fine Particulate Matter; which 

formally incorporates the Logan 2006 

24-hour PM2.5 Maintenance Plan 

(located within the Utah SIP at Section 

IX.A.28) into Utah’s State regulations. In 

Section II.C below, we discuss our 

review of the Utah Division of Air 

Quality (UDAQ) maintenance plan and 

redesignation request for the Logan 2006 

24-hour PM2.5 NAAs. 

II. The EPA’s Evaluation 

A. Utah’s SIP Revisions 

When the Utah SIP is amended by the 

Utah Air Quality Board (UAQB), the 

amended sections must be incorporated 

into the Utah Air Quality Rules. Utah 

incorporates SIP sections into the State’s 

rule R307–110. These rules are amended 

as needed to change the effective dates 

to match the UAQB approval date of 

various amendments to the Utah SIP. In 

this action we are proposing to approve 

submitted revisions to: (1) R307–110– 

10, which IBRs Section IX, Control 

Measures for Area and Point Sources, 

Part A, Fine Particulate Matter, and thus 

incorporates the Logan 2006 24-hour 

PM2.5 maintenance plan into State 

regulations (located within the Utah SIP 

at Section IX.A.28); and (2) R307–110– 

31 and R307–110–36, which IBR 

Section X, Vehicle Inspection and 

Maintenance Program, Part A, General 

Requirements and Applicability, and 

Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County, which incorporate the general 

requirements and applicability of the 

I/M Programs in the State of Utah and 

the I/M Program of Cache County into 

the State regulations. Our evaluation of 

these revisions follows. 

1. R307–110–10 

Section R307–110–10 incorporates 

amendments to Utah SIP Section IX.A 

into State regulations, thereby making 

them effective as a matter of State law. 

This is a ministerial provision, which 

only revises the effective date within the 

rule to December 4, 2019 and does not 

itself include any SIP measures. 

2. R307–110–31 

Section R307–110–31 incorporates the 

amendments to Utah SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability, into State rules, 

thereby making them effective as a 

matter of State law. This is a ministerial 

provision, which only revises the 

effective date within the rule to 

September 4, 2019 and does not itself 

include any control measures. 

3. R307–110–36 

Section R307–110–36 incorporates the 

amendments to Utah SIP Section X, 


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Vehicle Inspection and Maintenance 

Program, Part F, Cache County, into 

State rules, thereby making them 

effective as a matter of State law. This 

is a ministerial provision, which only 

revises the effective date within the rule 

to September 4, 2019 and does not itself 

include any control measures. 

4. Subsection X, Vehicle Inspection and 

Maintenance Program, Part A, General 

Requirements and Applicability 

The revisions to ‘‘Part A, General 

Requirements and Applicability’’ 

include additions to section ‘‘1. General 

Requirements’’ that address the 

following revisions to Utah Code 

Annotated (UCA) Section 41–6a–1642: 

a. An amendment in 2013 to include 

the date that notice is required and the 

date the enactment, change, or repeal 

will take effect if a county legislative 

body enacts, changes, or repeals the 

local emissions compliance fee. Section 

41–6a–1642 provides that for a county 

that is required to implement a new 

vehicle emissions I/M program, but for 

which no current federally approved 

SIP exists, a vehicle shall be tested at a 

frequency determined by the county 

legislative body, in consultation with 

the UAQB, that is necessary to comply 

with federal law or attain or maintain 

any NAAQS. The section also 

establishes procedures and notice 

requirements for a county legislative 

body to establish or change the 

frequency of a vehicle emissions I/M 

program. 

b. An amendment in 2017 to UCA 

Section 41–6a–1642 to allow a county 

that imposes a local emissions 

compliance fee to use revenue generated 

from the fee to promote programs to 

maintain a NAAQS. Section 41–6a–1642 

was also amended to state that vehicles 

may not be denied registration based 

solely on the presence of a defeat device 

covered in the Volkswagen partial 

consent decrees or an EPA-approved 

vehicle emission modification. 

c. An amendment in 2019 regarding 

‘‘Notification of Programmatic 

Changes.’’ This requires that county 

legislative bodies consult with the 

Director of the UDAQ before their 

public comment process for any 

amendments to their I/M regulations or 

ordinances. Consultation is to include a 

written notice describing the proposed 

changes to the I/M program. 

The revisions to Part A (General 

Requirements and Applicability) also 

included changes to section 3 (General 

Summary) that addressed minor 

wording clarifications to the subsections 

entitled ‘‘Out-of-state exemption’’ and 

‘‘Vehicle inspection report.’’ 

We have evaluated the Governor’s 

November 5, 2019 submittal of the 

above revisions to the Utah SIP Section 

X Part A and are proposing approval. 

5. Subsection X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County 

Section X, Part F of the Utah SIP 

addresses requirements for the 

implementation of the motor vehicle 

I/M program in Cache County. Section 

X, Part F of the SIP contains three main 

components for the Cache County I/M 

program: (1) Language addressing 

applicability, a general description of 

the program, and the time frame for its 

implementation; (2) the Cache County 

Emission Inspection/Maintenance 

Program Ordinance 2018–15; and (3) the 

Bear River Health Department’s (BRHD) 

Regulation 2013–04. We note that the 

Cache County Ordinance 2018–15 

contains language that delegates the 

implementation of the Cache County I/ 

M program to the BRHD. 

a. Under the heading ‘‘1. 

Applicability,’’ the revisions to the 

Cache I/M program note that the Cache 

I/M program was approved by the EPA 

on October 9, 2015 (80 FR 54237), and 

that the I/M program has been fully 

implemented. 

b. Under the heading ‘‘2. Description 

of Cache I/M programs,’’ the revisions to 

the Cache I/M program include: 

(1) ‘‘Subject Fleet’’: The subject fleet 

for an I/M inspection was changed from 

1969 and newer to 1996 and newer. 

This change reflects the County’s 

revision to its I/M program to remove 

the Two Speed Idle (TSI) test for 

vehicles 1995 and older. Our proposed 

approval of this I/M program relaxation 

is discussed further below in section vii. 

(2) ‘‘Test Frequency’’: This section 

was also revised to reflect that model 

year 1996 and newer vehicles are 

subject to a biennial I/M test. This 

revised language also shows the removal 

of a required I/M test for 1995 and older 

vehicles. 

(3) ‘‘Test Equipment’’: This section 

was modified to remove the phrase 

‘‘Analyzer calibration specifications’’ 

and replace it with ‘‘Certified testing 

equipment.’’ 

(4) ‘‘Test Procedures’’: This section 

was revised to remove the TSI test for 

1995 and older vehicles and to remove 

the County’s TSI test for 1996 to 2007 

medium-duty vehicles and 2008 and 

newer heavy-duty vehicles. As noted 

above, we provide additional discussion 

on this I/M program relaxation in 

section vii below. 

c. Under the heading ‘‘3. I/M SIP 

Implementation,’’ the revisions to the 

Cache I/M program involve the new 

language described below. This section 

notes that the I/M program ordinance, 

regulations, policies, procedures, and 

activities specified in the I/M SIP 

revision shall be implemented by 

January 1, 2021. 

(1) The revisions to Cache County’s 

Ordinance 2013–04 (Implementation of 

a Vehicle Emissions and Maintenance 

Program in Cache County) involved: 

(a) Revisions to the table of contents 

that reflect the removal of the TSI test 

in 2021, and renumbering of subsequent 

subsections. 

(b) Revisions to section 1.0 

(Definitions) to remove several 

definitions and to modify and add 

several definitions. 

(c) Revisions to section 2.0 (Purpose) 

to clarify that the ordinance complies 

with applicable federal requirements 

and with Cache County Code Chapter 

10.20. 

(d) Revisions to section 3.0 (Authority 

and Jurisdiction of the Department) to 

revise subsections to indicate the 

authority is as per Cache County Code 

Chapter 10.20 and its subdivisions. 

(e) Revisions to section 4.0 (Powers 

and Duties) to remove unneeded 

references to Technical Bulletins and to 

include ‘‘Certified Testing ‘‘Equipment’’ 

in place of ‘‘testing equipment.’’ 

(f) Revisions to section 5.0 (Scope) to 

remove the unneeded reference to 

Technical Bulletins. 

(g) Revisions to section 6.0 (General 

Provisions) updating the applicability to 

vehicles registered in Cache County or 

principally operated there; adding 

references to Cache County Code 

Chapter 10.20 and its applicable 

subdivisions; updating the reference to 

UAC Section 41–6a–1642(10); revising 

the list of vehicles that are exempted 

from I/M testing; clarifying the required 

I/M testing station signs; and inserting 

a new ‘‘Compliance Assurance List’’ 

section 6.8 with its requirements. 

(h) Revisions to section 7.0 (Permit 

Requirements of the Vehicle Emissions 

I/M Program Station) removed 

unneeded language relevant to TSI 

testing and adding language that a 

wireless internet connection may be 

required. 

(i) Revisions to section 8.0 (Training 

and Certification of Inspectors) added 

‘‘Certified Testing Equipment’’ where 

‘‘test equipment’’ previously appeared. 

The revisions also removed unneeded 

language relevant to TSI testing and the 

unneeded requirement for a ‘‘hands on’’ 

test. The revisions added language in 

new section 8.4.3 that an emission 

inspection certificate would not be 

issued to an inspector applying in Cache 

County who has a revoked or suspended 

certificate in another county. 


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(j) Revisions to section 9.0 (Inspection 

Procedure) remove most of the 

inspection procedures from this section 

and place them instead in the revised 

Appendix D ‘‘Test Procedures.’’ In 

addition, language relating to the TSI 

test was removed and clarifying 

language referencing a ‘‘Certified 

Emissions Inspector’’ and ‘‘Certified 

Testing Equipment’’ has been added. 

Other revisions were made regarding 

‘‘Waivers,’’ emissions related repairs, 

and language in the new section 9.6 

regarding the exploration of new 

emission inspection technologies that 

would be vetted with, and approved by, 

Cache County, the State, and the EPA. 

(k) Revisions to section 10.0 (Engine 

Switching) involve clarification of the 

term ‘‘EPA policy’’ by including the 

reference to specific EPA policies (i.e., 

the EPA’s March 1991 engine switching 

Fact Sheet and its September 1997 

Memorandum 1a) and language 

clarifying the requirements that a 

vehicle with an engine that was 

switched meet the emission inspection 

requirements of Section 6.0. 

(l) Revisions to section 1.0 

(Specifications for Certified Testing 

Equipment) remove previously 

applicable requirements for calibration 

gases, gas calibration with leak checks, 

and warranty and maintenance 

requirements, as these provisions were 

only applicable to the TSI test. 

(m) Revisions to section 12.0 (Quality 

Assurance) update references to 

‘‘Certified Testing Equipment.’’ 

(n) Revisions to prior section 13.0 

(Cutpoint Standards for Motor Vehicle 

Exhaust Gases) remove this section in 

its entirety, as it was only applicable to 

the TSI test. 

(o) Revisions to renumbered section 

13.0 (Disciplinary Penalties and Right to 

Appeal) renumber subsections and 

replace the term ‘‘audit’’ with 

‘‘inspection.’’ 

(p) Revisions to renumbered section 

14.0 (Penalty) involved the renumbering 

of the prior subsections to a new 

subsection 14.6 that states the 

Department shall request that the Utah 

Division of Motor Vehicles (DMV) 

revoke the registration of any vehicle 

that is unable to meet the required 

emissions standards or has not 

complied with the required emissions 

testing requirements of UAC Section 

41–1a–110(6). 

(q) Revisions to renumbered section 

15.0 (Severability) only involve the 

renumbering of the section. 

(r) Revisions to renumbered section 

16.0 (Effective Date) involve the 

renumbering of the section and change 

from the prior effective date of May 27, 

2015 to January 1, 2021. 

(s) Revisions to Appendix A only 

remove the reference to the fee for a TSI 

test. 

(t) Revisions to Appendix B remove 

Appendix B in its entirety as it related 

to motor vehicle emissions cut-points 

applicable to the TSI test. As the TSI 

test was removed from the ordinance, 

this prior Appendix B is no longer 

relevant and was removed. The 

Appendix is now titled ‘‘Reserved.’’ 

(u) Revisions to Appendix D (Test 

Procedures) involve the relocation of 

most of the On-Board Diagnostic (OBD) 

testing procedures to Appendix D that 

were previously located in section 9.0 

(Inspection Procedure). Additional 

language, regarding the OBD test 

procedures, was included that clarifies, 

updates, and supplements the prior 

OBD test procedures language in the 

prior Appendix D. Terms were updated 

to refer to ‘‘Certified Emissions 

Equipment’’ and ‘‘Certified Emissions 

Inspector.’’ Provisions were added for a 

‘‘Compliance Assurance Inspection’’ for 

a vehicle and a ‘‘Referee Inspection’’ at 

the County’s I/M Technical Center for 

vehicles having difficulty with the OBD 

test, and also for when a vehicle owner 

believes the emission test done at an 

inspection station was not done 

correctly. The prior Appendix D test 

procedures for the TSI test were 

removed. 

(v) Revisions to Appendix E (Certified 

Testing Equipment Standards) involved 

the removal of ‘‘Technical 

Specifications and Calibration Gas’’ 

from the Appendix title. All provisions 

and requirements for the TSI test were 

removed. Only the necessary provisions 

and requirements for the OBD test were 

retained and updated. 

(w) Revisions to Appendix F (Waivers 

for Not Ready Vehicles) include 

clarifications to the provisions for the 

second and third tests, additional 

language regarding statements about the 

vehicle from the vehicle manufacturer’s 

dealership repair station, and a new 

item number 6 addressing cost 

requirements for a waiver. 

(x) Revision to Appendix G (Engine 

Switching) removing Appendix G in its 

entirety. The revised, allowable engine 

switching provisions were incorporated 

into section 10.0 above (Engine 

Switching). 

We have evaluated the Governor’s 

November 5, 2019 submittal of the 

above revisions to Utah SIP Section X 

Part F and are proposing approval. 

(2) The revisions to Cache County’s 

Ordinance 2013–04 (Implementation of 

a Vehicle Emissions and Maintenance 

Program in Cache County) for the 

removal of the TSI test in 2021. 

In December 2018, the BRHD 

proposed to the Cache County Council 

to amend the Cache County vehicle 

emissions and maintenance program. 

The BRHD proposal was to discontinue 

the TSI test for vehicles 1995 and older 

due to a diminishing fleet of older light 

duty gasoline vehicles participating in 

the program, combined with increasing 

cost of maintaining the TSI testing 

equipment. The emission reductions 

benefit from these older vehicles was 

minimal compared to the resources 

required to operate the TSI test, and 

removal of the TSI test would not 

interfere with attainment and 

maintenance of the 2006 PM2.5 24-hour 

NAAQS. 

The Cache County Council passed the 

proposal to discontinue the TSI program 

with an effective date of January 1, 

2021. This effective date is reflected as 

part of the revisions to Ordinance 2013– 

04 discussed above. The TSI testing 

program covers light duty gasoline 

vehicles that are older than model year 

1995 and was a component of the I/M 

control strategy used in the EPAapproved Logan PM2.5 Nonattainment 

SIP (83 FR 59315; November 23, 2018). 

The UDAQ, EPA Region 8, and the 

BRHD coordinated regarding this Cache 

County I/M program relaxation to 

ensure that the proposed I/M program 

changes do not interfere with state and 

federal air quality regulations, as 

required under provisions of section 

110(l) of the CAA. CAA section 110(l) 

allows revisions to a SIP to be approved 

so long as they do not interfere with any 

applicable requirement concerning 

attainment and RFP or any other 

applicable requirement of this chapter 

of the CAA. To evaluate the removal of 

the TSI test, the State prepared a CAA 

section 110(l) demonstration, as 

provided in Appendix A of the 

maintenance plan, and submitted that 

demonstration with the Governor’s 

November 5, 2019 submittal. 

On January 13, 2020, the Governor of 

Utah submitted the Logan PM2.5

maintenance plan, which contained the 

State’s CAA section 110(l) 

demonstration for the removal of the 

I/M Program TSI biennial testing 

procedure for Cache County in 2021. 

Section 9 and Appendix A of the Logan 

PM2.5 maintenance plan show there will 

be minimal changes to the overall onroad mobile source emissions inventory 

within the Logan PM2.5 area. As noted 

in Table 3 below and detailed in 

Appendix A of the maintenance plan, 

overall mobile source emissions 

decrease from 2017 to 2021, through 

fleet turnover and Federal tailpipe 

standards. The state’s demonstration 

considered on-road vehicle emissions 


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8 January 13, 2020 Logan NAA PM2.5

Redesignation Request Submittal; Section IX.A.28 

Maintenance Plan; Appendix A. 

9See ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990,’’ 57 FR 13498, 

April 16, 1992. 

from 2021–2026, as 2026 is the 

dispersion-modeled midpoint of the 

maintenance demonstration, and the 

dispersion modeling for 2035, which is 

the last year of the maintenance plan. In 

addition, the CAA section 110(l) 

demonstration considered whether there 

would be interference with other 

NAAQS being monitored in Cache 

County. 

The State concluded that the removal 

of the TSI test will not interfere with the 

ability of the Logan area to continue to 

attain the 2006 24-hour PM2.5 NAAQS 

from 2017 through 2026 and in the last 

year of the maintenance plan, 2035. The 

State’s analysis considered emissions 

credit assigned to the overall I/M 

program, including OBD and TSI test, 

within Cache County within the 2021– 

2026 period, and compared it to the 

emissions credit without the TSI 

program (OBD only). The mobile source 

emission estimates were based on 

meteorological conditions that occurred 

during three PM2.5 episodes: January 1– 

12, 2011; December 7–19, 2013; and 

February 1–17, 2016. Inventory 

estimations were created at the county 

level representing an average January 

weekday. The emission estimates were 

based on the EPA-approved 

MOVES2014b (May 2017 version) 

emissions model. 

In addition, the demonstration 

considered PM2.5 ambient air quality 

monitoring data from the Smithfield, 

Cache County site and non-interference 

with the other five NAAQS. The State’s 

full CAA section 110(l) demonstration is 

included in the Governor’s November 1, 

2019 submittal and is also provided in 

the docket to this action. The EPA’s full 

review of the January 13, 2020 Logan 

PM2.5 maintenance plan and 

redesignation request submission is in 

section B, ‘‘What Requirements Must Be 

Followed for Redesignation to 

Attainment?’’ below. 

EPA agrees with the State’s CAA 

110(l) demonstration regarding the 

removal of the I/M TSI for Cache County 

in 2021, in particular the conclusion 

that the removal will not have an 

adverse impact on the overall on-road 

mobile source inventory within the 

Logan PM2.5 area from 2017 to 2021 and 

through 2026. Further, the State’s 

maintenance plan dispersion modeling 

for both 2026 and 2035 continues to 

show maintenance of the 2006 PM2.5 24- 

hour NAAQS even with this I/M 

program revision. In addition, the State 

has documented that the removal of the 

TSI test in 2021 will not impact the 

other NAAQS.8

Therefore, we are proposing to 

approve the removal of the TSI test 

component of the BRHD’s Ordinance 

2013–04 I/M program in 2021 for 

vehicles 1995 and older. 

B. What requirements must be followed 

for redesignation to attainment? 

For a NAA to be redesignated to 

attainment, the following conditions in 

section 107(d)(3)(E) of the CAA must be 

met: 

1. We must determine that the area 

has attained the NAAQS; 

2. The applicable implementation 

plan for the area must be fully approved 

under section 110(k) of the Act; 

3. We must determine that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable 

implementation plan and applicable 

federal air pollutant control regulations 

and other permanent and enforceable 

reductions; 

4. We must fully approve a 

maintenance plan for the area as 

meeting the requirements of CAA 

section 175A; and, 

5. The State containing the area must 

meet all requirements applicable to the 

area under section 110 and part D of the 

CAA. 

EPA has provided guidance on 

redesignation in the ‘‘General 

Preamble,’’ 9 and has provided further 

guidance on processing redesignation 

requests in the following documents: (1) 

The Calcagni Memorandum; (2) ‘‘State 

Implementation Plan (SIP) Actions 

Submitted in Response to Clean Air Act 

(CAA) Deadlines,’’ Memorandum from 

John Calcagni, Director, Air Quality 

Management Division, October 28, 1992; 

and (3) ‘‘Part D New Source Review 

(Part D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994. 

These documents are included in the 

Docket for this proposed action. 

On January 13, 2020, the Governor of 

Utah submitted revisions to the SIP for 

R307–110–10, a maintenance plan for 

the Logan area, and a request that the 

EPA redesignate the area to attainment 

for PM2.5. Additionally, on November 5, 

2019, the State of Utah submitted 

revisions to R307–110–31 (Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability), R307–110–36 

(Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County), and revisions to SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability and revisions to SIP 

Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County. The prior section discusses 

Utah’s revisions to R307–110–10, R307– 

110–31, R307–110–36, Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability, and Section X, 

Vehicle Inspection and Maintenance 

Program, Part F, Cache County. The 

section below discusses how Utah’s 

redesignation request and maintenance 

plan meet the requirements of the Act 

for redesignation of the Logan area to 

attainment for PM2.5. 

C. Do the redesignation request and 

maintenance plan meet CAA 

requirements? 

1. Attainment of the 2006 24-Hour PM2.5

NAAQS 

To redesignate an area from 

nonattainment to attainment, the CAA 

requires the EPA to determine that the 

area has attained the applicable NAAQS 

(CAA section 107(d)(3)(E)(i)). On 

October 19, 2018, the EPA finalized a 

determination that the Logan NAA had 

attained the 2006 24-hour PM2.5

NAAQS, based on quality-assured and 

certified ambient air quality monitoring 

data for the period of 2015–2017 (83 FR 

52983). The monitoring data used as the 

basis for the Determination of 

Attainment under 188(b)(2) is provided 

in Table 1, below. 


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10See 83 FR 52983, October 19, 2018. 

11As defined in 40 CFR part 50, appendix N, 

section (1)(c). 

12See https://www.epa.gov/air-trends/air-qualitydesign-values#report. 13The Preston monitor does not have a valid 

design value for the 2017–2019 three-year period 

because of an incomplete 2017 quarter 1 which 

cannot be substituted with quarter 1 data at the 

same monitor in 2018 or 2019 per 40 CFR part 50, 

appendix N, section 4.2(c)(i) because it has below 

50% complete data for that quarter. 

TABLE 1—LOGAN NAA DESIGN VALUES FROM 2018 DETERMINATION OF ATTAINMENT UNDER 188(b)(2) 10

Monitor AQS site 

ID 

98th percentile value (μg/m3) 2015–2017 

design 

2015 2016 2017 value 

Smithfield, UT ...................................................................... 490050007 28.9 34.0 36.0 33 

Franklin, ID ........................................................................... 160410001 18.8 33.3 a 38.3 a 30 

aThis value includes 1 in 3 monitoring frequency from January 1–August 9, 2017, and daily monitoring frequency from August 10–December 

31, 2017. 

Whether an area has attainedthe 2006 

24-hour PM2.5 NAAQS is based upon 

measured air quality levels at each 

eligible monitoring site with a complete 

three-year period to produce a design 

value equal to or below 35 mg/m3. A 

state must demonstrate that an area has 

attained the 2006 24-hour PM2.5 NAAQS 

through submittal of ambient air quality 

data from an ambient air monitoring 

network representing maximum PM2.5

concentrations. The data must be 

quality-assured, quality-controlled, and 

certified in the EPA’s Air Quality 

System (AQS), and it must show that 

the three-year average of valid PM2.5

98th percentile mass concentrations is 

equal to or below the 2006 24-hour 

PM2.5 NAAQS (35 mg/m3), pursuant to 

40 CFR 50.13. In making this showing, 

three consecutive years of complete air 

quality data must be used. 

Between 2016 and 2019, Utah and 

Idaho operated at least one PM2.5

monitor in each state of the Logan NAA. 

In 2017, Idaho operated two PM2.5

monitors: Franklin, ID and Preston, ID. 

The Preston monitor did not begin 

operation until February 24, 2017, 

however, thus producing an incomplete 

first quarter for the monitoring year. Due 

to this incomplete quarter in 2017, the 

Preston monitor did not produce a valid 

design value for the 2017–2019 period. 

Despite this, EPA finds that it is 

appropriate to conclude that the area 

has indeed continued to attain the 2006 

PM2.5 NAAQS since the initial 2015– 

2017 period upon which we based our 

October 19, 2018, Determination of 

Attainment, based on uninterrupted 

attainment at the Smithfield, UT 

monitor. A review of concurrent 

monitoring data for the Smithfield, UT 

and Preston, ID monitors provided in 

Table 2, below, shows that the 

Smithfield site consistently monitors 

higher levels of PM2.5 than the Preston 

site, indicating that Smithfield’s 

location is more suitable to demonstrate 

maximum PM2.5 concentrations in the 

Cache Valley. Utah and Idaho 

completed a memorandum of 

understanding (MOU) to collectively 

meet the monitoring requirements of 40 

CFR part 58, appendix D in the Logan 

UT–ID metropolitan statistical area 

(MSA), allowing Idaho to rely on the 

Smithfield monitor in Utah as the 

highest concentration monitor in the 

MSA. 

As part of the redesignation request 

for the Logan NAA, UDAQ submitted 

quality-assured, complete and valid 

ambient air quality data from the 

Smithfield monitoring site which 

demonstrates that the area has attained 

the 2006 24-hour PM2.5 NAAQS.The 

EPA has reviewed the subsequent daily 

PM2.5 ambient air monitoring data in the 

Logan NAA, consistent with the 

requirements at 40 CFR part 50, and 

recorded in the EPA’s AQS quality 

assured, quality-controlled, and State 

certified data for the monitoring design 

value 11 periods of 2016–2018 and 

2017–2019. This air quality data 

demonstrates that the Logan NAA 

continues to attain the 2006 24-hour 

PM2.5 NAAQS. For the 2016–2018 3- 

year period, the Smithfield monitor 

produced a design value of 33 mg/m3.12

The area’s 24-hour PM2.5 design values 

for the 2017–2019 3-year period are 

provided in Table 2. 

TABLE 2—LOGAN NAA CURRENT PM2.5 98TH PERCENTILES AND DESIGN VALUES 13

Monitor Monitor 

AQS No. 

98th percentile value 

(μg/m3) Design value 

(3-year 

average) 2017 2018 2019 

Smithfield ............................................................................. 490050007 36.0 27.9 35.1 33 

Preston ................................................................................. 160410002 a 17.3 27.2 30.1 b NA 

aThe Preston monitor operated at a 1 in 3 monitoring frequency throughout 2017, and did not begin operation until February 24, 2017, making 

the first quarter incomplete for this monitor with less than 50% of data reported. b Due to the incomplete first quarter in 2017, this design value does not meet validity requirements per 40 CFR part 50, appendix N, section 

4.2(c)(i). 

As Table 2 indicates, the Logan area 

has continued to attain the 2006 24-hour 

PM2.5 NAAQS since the EPA issued its 

determination of attainment under 

188(b)(2) for the area based on the 2015– 

2017 design values shown in Table 1 

above. The EPA’s review of the 

monitoring data for 2016–2018 and 

2017–2019 supports the previous 

determination that the area has attained 

the 2006 24-hour PM2.5 NAAQS and 

demonstrates that the area continues to 

attain the standard. Further information 

on PM2.5 monitoring is presented in 

Subsections IX.A.28.b(1) of the Utah 

portion of the Logan maintenance plan. 

We have evaluated the ambient air 

quality data and have determined that 

the Logan 2006 24-hour PM2.5 NAAQS 

NAA continues to attain the standard 

based on the available monitoring data. 

A separate EPA redesignation 

rulemaking will be conducted for the 

Idaho portion of the Logan NAA. 


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2. State Implementation Plan Approval 

Section 107(d)(3)(E)(ii) of the CAA 

states that for an area to be redesignated 

to attainment, it must be determined 

that the Administrator has fully 

approved the applicable 

implementation plan for the area under 

section 110(k). 

On February 25, 2016 (81 FR 9343), 

October 19, 2016 (81 FR 71988), October 

2, 2019 (84 FR 52368), and February 26, 

2020 (85 FR 10989) the EPA approved 

revisions to several area source rules 

and approved new rules for PM2.5 NAAs 

into the Utah SIP, including the Logan 

PM2.5 NAA. 

On September 9, 2015 (80 FR 54237), 

the EPA finalized approval of SIP 

revisions to Utah’s SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability; Section X. Vehicle 

Inspection and Maintenance Program, 

Part F, Cache County; and Utah Rule 

R307–110–1, R307–110–31, and R307– 

110–36, which IBR the Utah SIP into the 

Utah Rules, IBRs Utah SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability, and IBRs Utah SIP 

Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County, respectively. Additionally, the 

EPA is acting on revisions to R307–110– 

31, R307–110–36, Utah’s SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability, and on Section X. 

Vehicle Inspection and Maintenance 

Program, Part F, Cache County in this 

action. Our evaluation of these revisions 

is found in Section II.A.2, 3, 4, and 5 

above. 

Additionally, we completed a clean 

data determination (CDD) for the Logan 

PM2.5 NAA on October 19, 2018 (83 FR 

52983). With this final rule, the EPA 

suspended the obligation for Utah to 

make submissions to meet certain CAA 

requirements related to attainment of 

the NAAQS. These suspended CAA 

requirements are: (1) Attainment 

demonstration; (2) projected emissions 

inventory; (3) RACM/RACT; (4) RFP; (5) 

MVEB; (6) contingency measures; and 

(7) quantitative milestones. 

On November 23, 2018 (83 FR 59315), 

the EPA approved portions of the Logan 

PM2.5 SIP which were: The emissions 

inventory; modeled attainment 

demonstration; determination for Major 

Stationary Source RACT; determination 

for On-Road Mobile Sources RACM; 

determination for Cache County I/M 

Program as additional reasonable 

measures; determination for Off-Road 

Mobile Sources RACM; and the 2015 

MVEB. 

On July 25, 2019 (84 FR 35831), the 

EPA approved revisions to UAC R307– 

403 (Permits: New and Modified 

Sources in Nonattainment Areas and 

Maintenance Areas) into the SIP. 

We have evaluated the actions above 

and have determined that through these 

actions, the State of Utah has a fully 

approved Logan PM2.5 SIP under section 

110(k). 

3. Improvement in Air Quality Due to 

Permanent and Enforceable Measures. 

Section 107(d)(3)(E)(iii) of the CAA 

provides that for an area to be 

redesignated to attainment, the 

Administrator must determine that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable 

implementation plan, implementation 

of applicable federal air pollutant 

control regulations, and other 

permanent and enforceable reductions. 

Utah has implemented multiple area 

source rules in the Logan NAA. On 

February 25, 2016 (81 FR 9343), October 

19, 2016 (81 FR 71988), October 2, 2019 

(84 FR 52368), and February 26, 2020 

(85 FR 10989) the EPA approved 

revisions to several area source rules 

and approved new rules for PM2.5 NAAs 

into the Utah SIP, including the Logan 

PM2.5 NAA. 

On September 9, 2015 (80 FR 54237), 

the EPA finalized approval of SIP 

revisions to Utah’s SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability; Section X. Vehicle 

Inspection and Maintenance Program, 

Part F, Cache County; and to Utah Rule 

R307–110–1, R307–110–31, and R307– 

110–36, which IBR the Utah SIP into the 

Utah Rules, IBRs Utah SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability, and IBRs Utah SIP 

Section X, Vehicle Inspection and 

Maintenance Program, Part F, Cache 

County, respectively. Additionally, the 

EPA is acting on revisions to R307–110– 

31; R307–110–36; Utah’s SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part A, General Requirements 

and Applicability; and on Section X. 

Vehicle Inspection and Maintenance 

Program, Part F, Cache County. Our 

evaluation of these revisions is found in 

Section II.A.2, 3, 4, and 5 above. 

Additionally, within section 

IX.A.28.b.3. of the Logan PM2.5

maintenance plan, UDAQ provides an 

assessment of the ambient air quality 

data collected at the Logan PM2.5

monitor from the year monitoring began 

(2000) to 2018 (the last year of valid 

data before the maintenance plan was 

submitted), which shows an observable 

decrease in the monitored PM2.5. UDAQ 

observed both the 98th percentile 

average of the 24-hour data in the Logan 

PM2.5 NAA as well as the annual 

arithmetic mean which assisted in 

understanding the trends. The Logan 

PM2.5 NAA was only designated 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS; however, it is useful 

information in showing the decrease in 

emissions. The cold-pool temperature 

inversions during the winter months, 

which drive and trap secondary PM2.5, 

vary in strength and duration from year 

to year, and the PM2.5 concentrations 

measured during these periods reflect 

this variability more than they reflect 

the gradual changes in emissions of 

direct PM2.5 and the PM2.5 precursors. 

This variability is evident in UDAQ’s 

assessment, but when a line is fit 

through the 24-hour data, a trend is seen 

going downward and indicates 

improvement at 1 mg/m3 per year. This 

episodic variability is reduced when 

reviewing the annual mean values of 

PM2.5 concentrations from 2000–2018. 

This annual mean includes all the high 

values identified as the 98th percentiles, 

still the trend is downward. UDAQ 

fitted a line through the annual mean 

PM2.5 concentration data collected at the 

Logan PM2.5 NAA which revealed a 

decreasing trend and indicates an 

improvement of 5.6 mg/m3 over this 18- 

year span. 

We have evaluated the various state 

and federal control measures, historical 

emissions inventories, and the emission 

trends of the PM2.5 98th percentiles and 

annual PM2.5 mean concentrations 

presented by UDAQ from 2000 to 2018, 

and have determined that the 

improvement in air quality in the Logan 

NAA has resulted from emission 

reductions that are permanent and 

enforceable. 

4. Fully Approved Maintenance Plan 

Under Section 175A of the Act 

Section 107(d)(3)(E) of the Act 

requires that for a NAA to be 

redesignated to attainment, we must 

fully approve a maintenance plan 

meeting the requirements of section 

175A of the Act. The plan must 

demonstrate continued attainment of 

the relevant NAAQS in the area for at 

least 10 years after our approval of the 

redesignation. Eight years after our 

approval of a redesignation, the state 

must submit a revised maintenance plan 

demonstrating attainment for the 10 

years following the initial 10-year 

period. The maintenance plan must also 

contain a contingency plan to ensure 

prompt correction of any violation of 


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14CAA sections 175A(b) and (d). 

15See January 13, 2020 State of Utah submittal for 

Logan PM2.5 Maintenance Plan; Figure IX.A.28.4, 

CAMx Photochemical Modeling Domain in TwoWay Nested Configuration. 

16 ‘‘Emissions Inventory Guidance for 

Implementation of Ozone and Particulate Matter 

National Ambient Air Quality Standards (NAAQS) 

and Regional Haze Regulations,’’ EPA–454/B–17– 

002 (May 2017), available at https://www.epa.gov/ 

sites/production/files/2017-07/documents/ei_

guidance_may_2017_final_rev.pdf . 

the NAAQS.14 The EPA’s 

interpretations of the CAA section 175A 

maintenance plan requirements are 

generally provided in the General 

Preamble and the Calcagni 

Memorandum referenced above. The 

Calcagni Memorandum outlines five 

core elements necessary to ensure 

maintenance of the relevant NAAQS in 

an area seeking redesignation from 

nonattainment to attainment. Those 

elements, as well as guidelines for 

subsequent maintenance plan revisions, 

are explained in detail below. 

a. Attainment Inventory 

PM2.5 maintenance plans should 

include an attainment emission 

inventory to identify the level of 

emissions in the area that is sufficient 

to maintain the NAAQS. An emissions 

inventory was developed and submitted 

with the Logan PM2.5 maintenance plan 

NAA on January 13, 2020. This 

submittal contains a base year of 2017, 

interim-year projected inventory for 

2026, and a projected maintenance 

inventory of 2035. The emissions in the 

inventories include sources of PM2.5 and 

PM2.5 precursor emissions within a 

regional area called a modeling domain. 

UDAQ modeled two different domain 

sizes; 4 km coarse and 1.33 km fine.15

The 4 km coarse domain covered the 

entire State of Utah, a significant 

portion of Eastern Nevada (including 

Las Vegas), and smaller portions of 

Idaho, Wyoming, Colorado, and 

Arizona. Since the coarse domain was 

so large, the 1.33 km fine domain or a 

‘‘core area’’ within this domain was 

identified wherein a higher degree of 

spatial resolution was used in the 

model. Within this core area (which 

includes Weber, Davis, Salt Lake, Utah, 

Box Elder, Tooele, Cache, and Franklin, 

ID Counties), SIP-specific inventories 

were prepared to include seasonal 

adjustments and forecasting to represent 

each of the projection years. In the 

bordering region, the 2014 National 

Emissions Inventory (NEI) was used in 

the analysis. Four general categories of 

sources were included in these 

inventories: point sources; area sources; 

on-road mobile sources; and non-road 

mobile sources. 

For each of these source categories, 

the pollutants inventoried were PM2.5, 

sulfur dioxide (SO2), NOX, VOC, and 

ammonia (NH3). More detailed 

descriptions of the 2017 base-year 

inventory and the 2026 and 2035 

projection inventories can be found in 

section IX.A.28.c., Logan Maintenance 

Plan, subsection (2) Attainment 

Inventory, and within the State of 

Utah’s technical support document 

(TSD). Utah’s submittal contains 

detailed emission inventory information 

prepared in accordance with EPA 

emission inventory guidance.16

Summaries of emission figures from the 

2017 base year and the projected 

inventories are in Table 3 below. 

TABLE 3—LOGAN NAA; ACTUAL EMISSIONS FROM 2017 AND EMISSION PROJECTIONS FOR 2026 AND 2035 

[Tons per day (tpd)] 

Year Source category PM2.5

filterable 

PM2.5

condensible 

PM2.5

total NOX VOC NH3 SO2

2017 Baseline .......................................... Area Sources .......................................... 0.56 0.05 0.6 0.92 3.8 13.48 0.03 

Non-Road ................................................ ...................... ...................... 0.1 0.79 2.19 0 0 

Point Sources .......................................... 0 0 0 0 0 0 0 

Mobile Sources ....................................... ...................... ...................... 0.23 3.76 2.46 0.1 0.02 

2017 Total ........................................ ...................... ...................... 0.93 5.47 8.45 13.58 0.05 

2026 ......................................................... Area Sources .......................................... 0.60 0.04 0.64 0.7 3.88 13.27 0.03 

Non-Road ................................................ ...................... ...................... 0.06 0.59 1.27 0 0 

Point Sources .......................................... 0 0 0 0 0 0 0 

Mobile Sources ....................................... ...................... ...................... 0.13 1.52 1.39 0.09 0.01 

2026 Total ........................................ ...................... ...................... 0.83 2.81 6.54 13.36 0.04 

2035 ......................................................... Area Sources .......................................... 0.63 0.04 0.67 0.71 4.29 13.11 0.03 

Non-Road ................................................ ...................... ...................... 0.05 0.57 1.04 0 0 

Point Sources .......................................... 0 0 0 0 0 0 0 

Mobile Sources ....................................... ...................... ...................... 0.19 1.76 1.91 0.1 0.01 

2035 Total ........................................ ...................... ...................... 0.91 3.04 7.24 13.21 0.04 

Based on our review, we have 

determined that Utah prepared an 

adequate attainment inventory for the 

Logan PM2.5 NAA. 

b. Maintenance Demonstration 

The Calcagni Memorandum states that 

where modeling was relied on to 

demonstrate maintenance, the plan 

must contain a summary of the air 

quality concentrations expected to 

result from the application of the 

control strategies. Also, the plan should 

identify and describe the dispersion 

model or other air quality model used 

to project ambient concentrations. The 

maintenance demonstration for the 

Logan area used a regional 

photochemical model. 

Before the development of the Logan 

PM2.5 maintenance plan, UDAQ 

conducted a technical analysis to 

support the development of the Serious 

SIP for the Salt Lake City, UT PM2.5

NAA. The analysis included preparation 

of emissions inventories and 

meteorological data, and the evaluation 

and application of a regional 

photochemical model. Part of this 

process included selection of the 

episode that most accurately replicates 

the photochemical formation of ambient 

PM2.5 during a persistent cold air pool 

episode in the airshed. For the Logan 

maintenance plan, UDAQ used the same 

episode that was used for the Serious 

SIP modeling. 

The Comprehensive Air Quality 

Model with Extensions (CAMx) version 

6.30 for air quality modeling was used 

for the Logan maintenance plan, with 

enhancements including snow 

chemistry and topographical and 

surface albedo refinements. The 

emissions processing model that UDAQ 

used in conjunction with CAMx was the 


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17 January 13, 2020 Logan PM2.5 Redesignation 

Request/Maintenance Plan TSD, Section 4.e 

Meteorological Modeling. 

18 Guidance on the Use of Models and Other 

Analyses for Demonstrating Attainment of Air 

Quality Goals for Ozone, PM2.5, and Regional Haze, 

EPA454/B–07–002 (Apr. 2007). 19PM2.5 State Implementation Plan 

Meteorological Modeling; Prepared by Department 

of Atmospheric Sciences, University of Utah for 

UDAQ. 

20These values include additional emissions 

added to the CMPO MVEB from the safety margin. 

The safety margin is discussed further in Section D 

below. Units of Design Values are mg/m3, while 

RRF’s are dimensionless. 

Sparse Matrix Operator Kernel 

Emissions Modeling System (SMOKE) 

version 3.6.5. Meteorological inputs 

were derived using the Weather 

Research and Forecasting (WRF) 

Advanced Research WRF (WRF–ARW) 

model to prepare meteorological 

datasets for UDAQ to use with the 

photochemical model. UDAQ found that 

WRF–ARW was reasonably able to 

replicate the vertical temperature 

structure of the boundary layer (i.e., the 

winter temperature inversion in the 

NAA), but that WRF–ARW had 

difficulty reproducing the inversion 

when the inversion was shallow and 

strong (e.g., an 8-degree temperature 

increase over 100 vertical meters). 

UDAQ provides additional information 

on these models in their TSD.17

Part of the modeling exercise that 

UDAQ completed for the Logan 

maintenance plan was to test whether 

the model could successfully replicate 

the PM2.5 mass and composition that 

were observed during prior episode(s) of 

elevated PM2.5 concentrations. After 

consulting EPA guidance,18 UDAQ 

selected three episodes: (1) January 1– 

10, 2011; (2) December 7–19, 2013; and 

(3) February 1–16, 2016. UDAQ 

examined the PM2.5 model performance 

for these three episodes and concluded 

that the CAMx performed the best when 

using the January 2011 WRF–ARW 

output. UDAQ further confirmed this 

determination by using a linear 

regression analysis showing that 

modeled and measured PM2.5 at the 

Logan monitoring station was strongly 

correlated during the January 2011 

episode (R2 = 0.72) compared to the 

other episodes (R2 = 0.18 for the 

December 2013 episode, and R2 = 0.39 

for the February 2016 episode). A 

comprehensive discussion of the 

meteorological model performance for 

all three of these episodes can be found 

in the TSD submitted by UDAQ. 

UDAQ compared the 24-hour 

modeled and observed PM2.5 during the 

January 1–10, 2011 episode at the Logan 

monitoring station, and the results 

showed that overall, the model captured 

the temporal variation in PM2.5 well. 

This temporal variation included a 

gradual increase in PM2.5 concentration 

and its transition back to low levels. 

However, UDAQ discovered that despite 

the generally good representation of the 

temporal behavior of PM2.5, the 

concentrations were, generally, lower in 

the model on January 4–9, 2011. This 

was partly related to the meteorological 

model performance on these days where 

temperature was overestimated by 5 to 

15 degrees Celsius, and thick, low-level 

clouds were simulated on January 5, 

2011, while clouds were not observed 

for this day.19 Due to this low-level 

cloud simulation produced from the 

model, an increasingly deep sub-cloud 

mixing layer in the model was observed 

compared to reality, which led to an 

underprediction in modeled PM2.5

concentrations. A more detailed 

analysis of this episode can be found in 

the Utah TSD. 

Overall, UDAQ concluded that the 

model performance of replicating the 

buildup and clear out of PM2.5 in the 

Logan NAA was good, and thus, the 

model could be used for air quality 

planning purposes. 

With acceptable model performance, 

the model can be utilized to make 

future-year attainment projections. For 

each future year, an attainment 

projection is made by calculating a 

concentration termed the Future Design 

Value (FDV). This calculation is made 

for each monitor included in the 

analysis, then compared to the NAAQS 

(35 mg/m3). An FDV below the NAAQS 

at every monitor in the NAA would 

demonstrate attainment for the area in 

that specific future year. A maintenance 

plan must demonstrate continued 

attainment of the NAAQS for a span of 

ten years. Since this ten-year span is 

measured from when the EPA takes 

final action on the maintenance plan, 

the exact ten-year date cannot be known 

before the plan is submitted. To be 

conservative, UDAQ projected an 

attainment date of 2035, which is fifteen 

years after Utah submitted the Logan 

maintenance plan. Additionally, UDAQ 

modeled a ‘‘spot-check’’ assessment of 

2026. 

In making future-year projections, the 

output from the CAMx model is not 

considered the final answer; rather, the 

model is used in a relative sense. In 

doing this, a comparison is made using 

the predicted concentrations for both 

the year in question and a pre-selected 

base-year, which is 2017. This 

comparison results in a Relative 

Response Factor (RRF). An RRF greater 

than one indicates that according to the 

model, the predicted PM2.5 level is 

greater in the future year than in the 

2017 base year, which typically is a 

result of increased emissions in the 

future year associated with projected 

population growth. (Additional 

discussion of the RRF can be found in 

the maintenance plan and the TSD 

submitted by UDAQ.) The FDV is 

calculated by multiplying the BDV by 

the RRF. FDV’s are compared to the 

NAAQs in order to determine whether 

attainment is predicted at each 

monitoring location. Table 4 below 

provides FDV results for the Smithfield 

monitor and projection year and shows 

that no FDV exceeds the NAAQS. 

Therefore, continued attainment is 

demonstrated in the Logan NAA. 

TABLE 4—BASELINE DESIGN VALUE, RELATIVE RESPONSE FACTORS, AND FUTURE DESIGN VALUES FOR ALL MONITORS

AND FUTURE PROJECTION YEARS 20

Monitor 2016–2018 

BDV 

2026 

RRF 

2026 

FDV 

2035 

RRF 

2035 

FDV 

Smithfield ............................................................................. 32.6 0.86 28.0 0.87 28.2 

According to the Calcagni 

memorandum, any assumptions 

concerning emission rates must reflect 

permanent, enforceable measures. A 

state cannot take credit in the 

maintenance demonstration for 

reductions unless there are regulations 

in place requiring those reductions, or 

the reductions are otherwise shown to 

be permanent. States are expected to 

maintain implemented control strategies 

despite redesignation to attainment, 

unless measures that achieve equivalent 

reductions are approved into the SIP. 

Emission reductions from source 

shutdowns can be considered 

permanent and enforceable to the extent 

that those shutdowns have been 


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reflected in the SIP and all applicable 

permits have been modified 

accordingly. 

As part of the Moderate PM2.5 SIPs, 24 

area source rules were either introduced 

or augmented by UDAQ to control PM2.5

and PM2.5 precursors. On February 25, 

2016 (81 FR 9343), October 19, 2016 (81 

FR 71988), October 2, 2019 (84 FR 

52368), and February 26, 2020 (85 FR 

10989), the EPA acted on area source 

rules for the Logan PM2.5 NAA. There 

are no changes to these area source rules 

with this action. 

With respect to the part of Franklin 

County, ID that is included in the Logan 

NAA, UDAQ provided general 

information on Idaho’s Moderate PM2.5

SIP and what EPA’s Region 10 office 

had acted on for control measures. On 

January 4, 2017 (82 FR 729) and on 

March 25, 2014 (79 FR 16203), the EPA 

approved the residential woodstove 

curtailment program/change-out 

program and the road sanding 

agreements, respectively, as voluntary 

measures. Additional information on 

Idaho’s SIP will be available when 

EPA’s Region 10 office acts on Idaho’s 

portion of the Logan maintenance plan. 

Based on the information described 

above and in our TSD, the EPA proposes 

to find that Utah has adequately 

demonstrated that the Logan area will 

maintain the 2006 24-hour PM2.5

NAAQS for the next fifteen years. 

c. Monitoring Network 

Once a NAA has been redesignated to 

attainment, the state must continue to 

operate an appropriate air quality 

monitoring network, in accordance with 

40 CFR part 58, to verify the attainment 

status of the area. Accordingly, the 

maintenance plan should contain 

provisions for continued operation of air 

quality monitors. As described in the 

maintenance plan, Utah will continue to 

maintain and operate a PM2.5 ambient 

monitoring network within the Logan 

PM2.5 area in accordance with 40 CFR 

part 58 and the Utah SIP. We approve 

these sites annually, and any future 

change would require discussion and 

approval from the EPA. In its January 

13, 2020 submittal, Utah commits to 

continue to maintain an ambient 

monitoring network for PM2.5 in the 

Logan area, in accordance with 40 CFR 

part 58 and the Utah SIP. 

d. Verification of Continued Attainment 

Utah’s maintenance plan submittal for 

the Logan area must indicate how the 

State will track the progress of the 

maintenance plan. This is necessary 

because the emissions projections made 

for the maintenance demonstrations 

depend on assumptions of point and 

area source growth. In Section 

IX.A.28.c.(7), Utah commits to track and 

document measured mobile source 

parameters (e.g., vehicle miles traveled, 

congestion, fleet mix) and changes in 

new and modified stationary source 

permits. If these and the resulting 

emissions change significantly over 

time, the State will perform appropriate 

studies to determine: (1) Whether 

additional and/or re-sited monitors are 

necessary; and (2) whether mobile and 

stationary source emission projections 

are on target. 

e. Contingency Plan 

Section 175A(d) of the Act requires 

that a maintenance plan also include 

contingency provisions, as necessary, to 

promptly correct any violation of the 

NAAQS that occurs after redesignation 

of the area. For the maintenance plan to 

be approved under section 175A, a state 

is not required to have fully adopted 

contingency measures that will take 

effect without further action by the 

state. However, the contingency plan is 

an enforceable part of the SIP and 

should ensure that contingency 

measures are adopted expeditiously 

once they are triggered. The plan should 

discuss the measures to be adopted and 

a schedule and procedure for adoption 

and implementation. The contingency 

plan must require that the state will 

implement all measures in the Part D 

nonattainment plan for the area before 

redesignation. The state should also 

identify the specific indicators, or 

triggers, that will be used to determine 

when the contingency plan will be 

implemented. 

As stated in Section IX.A.28.c.(8) of 

the Logan maintenance plan, triggering 

the contingency plan does not 

automatically require a revision to the 

SIP, nor does it necessarily mean the 

area will be reclassified to 

nonattainment. Instead, Utah will 

normally have an appropriate timeframe 

to correct the potential violation by 

implementing one or more adopted 

contingency measures. If violations 

continue to occur, additional 

contingency measures will be 

implemented until the violations are 

corrected. 

Upon monitoring a potential violation 

of the 2006 24-hour PM2.5 NAAQS, 

including exceedances flagged as 

exceptional events but not concurred 

with by the EPA, the State will identify 

a means of corrective action within six 

months after a potential violation. Utah 

will require implementation of the 

corrective action no later than one year 

after the violation is confirmed, and any 

contingency measures adopted and 

implemented will become part of the 

next revised maintenance plan 

submitted for EPA approval. 

The Logan maintenance plan list of 

contingency measures includes: (1) 

Reinstate TSI test portion of the Cache 

County I/M Program; (2) Measures to 

address emissions from residential 

wood combustion (i.e., emissions from 

fireplaces under the existing R307–302 

rule), including re-evaluating the 

thresholds at which red or yellow burn 

days are triggered; (3) Measures to 

address fugitive dust from area sources; 

and (4) Additional measures to address 

other PM2.5 sources identified in the 

emissions inventory, such as on-road 

vehicles, and non-road vehicles and 

engines. 

Based on the above, we propose to 

find that the contingency measures 

provided in the Logan PM2.5

maintenance plan are sufficient and 

meet the requirements of section 

175A(d) of the CAA. 

f. Subsequent Maintenance Plan 

Revisions 

In accordance with section 175A(b) of 

the Act, Utah is required to submit a 

revision to the maintenance plan eight 

years after the redesignation of the 

Logan area to attainment for PM2.5. This 

revision is to provide for maintenance of 

the NAAQS for an additional ten years 

following the first ten-year period. In 

the Logan maintenance plan, Utah 

committed to submit a revised 

maintenance plan eight years after the 

approval of the redesignation request 

and maintenance plan. 

5. Meeting Applicable Requirements of 

Section 110 and Part D of the Act 

In order for an area to be redesignated 

to attainment, section 107(d)(3)(E) 

provides that it must have met all 

applicable requirements of section 110 

and part D of the Act. We interpret this 

to mean that, for a redesignation request 

to be approved, Utah must have met all 

requirements that applied to the subject 

area as of the time of submitting a 

complete redesignation request. In our 

evaluation of a redesignation request, 

we don’t need to consider other 

requirements of the CAA that became 

due after the date of the submission of 

a complete redesignation request. 

a. Section 110 Requirements 

Section 110(a)(2) contains general 

requirements for attainment plans. For 

purposes of redesignation, the Utah SIP 

was reviewed to ensure that all 

applicable requirements under the 

amended Act were satisfied. On 

September 21, 2010, the State submitted 

an Infrastructure SIP to the EPA 

demonstrating compliance with the 


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21 58 FR 62193–62196. 

22 40 CFR 93.102(b) and 93.122(f); see also 

conformity rule preamble at 69 FR 40004, 40031– 

40036 (July 1, 2004). 

23 ‘‘PM2.5 Re-entrained Road Dust—Utah Request 

for Deletion from PM2.5 Motor Vehicle Emissions 

Budget (MVEB): EPA Concurrence’’ dated July 20, 

2011 (included in docket for this action). 

24 57 FR 13498, April 16, 1992. 

25 40 CFR 93.101. 

requirements of section 110 that are 

applicable to the 2006 24-hour PM2.5

NAAQS. We approved this submittal on 

November 25, 2013 (78 FR 63883), for 

all section 110 requirements applicable 

to redesignation. 

b. Part D Requirements 

Before a PM2.5 NAA may be 

redesignated to attainment, a state must 

have fulfilled the applicable 

requirements of part D. Subpart 1 of part 

D establishes general requirements 

applicable to all NAAs, while subpart 4 

of part D establishes specific 

requirements applicable to PM10/PM2.5

NAAs. The PM2.5 Requirements Rule 

provides that the applicable 

requirements of CAA section 172 are 

172(c)(3) (emissions inventory), 

172(c)(5) (NSR permitting program), 

172(c)(7) (the section 110(a)(2) air 

quality monitoring requirements), and 

172(c)(9) (contingency measures). Also, 

as explained in the Calcagni 

Memorandum, we interpret the 

requirements of section 172(c)(2) (RFP) 

and 172(c)(6) (other measures) as being 

irrelevant to a redesignation request 

because they only have meaning for an 

area that is not attaining the standard. 

Finally, the State has not sought to 

exercise the options that would trigger 

sections 172(c)(8) (equivalent 

techniques). Thus, these provisions are 

also not relevant to this redesignation 

request. 

The requirements of section 172(c) 

and 189(a) regarding attainment of the 

2006 24-hour PM2.5 NAAQS, and the 

requirements of section 172(c) regarding 

RFP, imposition of RACM, the adoption 

of contingency measures, and the 

submission of an emission inventory, 

have been satisfied through our 

February 25, 2016 (81 FR 9343), October 

19, 2016 (81 FR 71988), October 19, 

2018 (83 FR 52983), November 23, 2018 

(83 FR 59315), October 2, 2019 (84 FR 

52368), and February 26, 2020 (85 FR 

10989) actions approving portions of the 

Moderate PM2.5 Logan SIP and CDD. 

The CDD suspended Utah’s obligation to 

make a SIP submission, or supplement, 

for attainment-related requirements 

including an attainment demonstration, 

RACM/RACT, RFP, contingency 

measures, and milestone reports. 

We approved the requirements of the 

part D NNSR permit program for Utah 

on July 25, 2019 (84 FR 35831). Once 

the Logan area is redesignated to 

attainment, the prevention of significant 

deterioration (PSD) requirements of part 

C of the Act will apply. We must ensure 

that the State has made any needed 

modifications to its PSD regulations so 

that Utah’s PSD regulations will apply 

in the Logan area after redesignation. 

Utah’s PSD regulations, R307–405 

Permits: Major Sources in Attainment or 

Unclassified Areas (PSD), which we 

approved as meeting all applicable 

federal requirements on July 15, 2011 

(76 FR 41712) and January 29, 2016 (81 

FR 4957), apply to any area designated 

unclassifiable or attainment, and thus 

will become fully effective in the Logan 

area upon redesignation of the areas to 

attainment. 

D. Have the transportation conformity 

requirements been met? 

(i) Requirements for Transportation 

Conformity and Motor Vehicle 

Emissions Budgets (MVEB) 

Transportation conformity is required 

by section 176(c) of the CAA. The EPA’s 

conformity rule at 40 CFR part 93, 

subpart A requires that transportation 

plans, programs, and projects conform 

to SIPs and establishes the criteria and 

procedures for determining whether or 

not they conform. Conformity to a SIP 

means that transportation activities will 

not produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the NAAQS. To 

effectuate its purpose, the EPA’s 

conformity rule requires a 

demonstration that emissions from a 

Metropolitan Planning Organization’s 

(MPO) Regional Transportation Plan 

(RTP) and Transportation Improvement 

Program (TIP), involving Federal 

Highway Administration (FHWA) or 

Federal Transit Administration (FTA) 

funding or approval, are consistent with 

the MVEB(s) contained in a control 

strategy SIP revision or maintenance 

plan (40 CFR 93.101, 93.118, and 

93.124). An MVEB is defined as the 

level of mobile source emissions of a 

pollutant relied upon in the attainment 

or maintenance demonstration to attain 

or maintain compliance with the 

NAAQS in the nonattainment or 

maintenance area. Further information 

concerning the EPA’s interpretations 

regarding MVEBs can be found in the 

preamble to the EPA’s November 24, 

1993, transportation conformity rule.21

The EPA notes that a PM2.5

maintenance plan should identify 

MVEBs for direct PM2.5, NOX and all 

other PM2.5 precursors whose on-road 

mobile source emissions are determined 

to significantly contribute to PM2.5

levels in the area. We note that for the 

Logan PM2.5 maintenance plan SIP 

revision, the UDAQ also identified 

VOCs as a precursor to the formation of 

PM2.5 in the Logan PM2.5 area. For direct 

PM2.5 SIP MVEBs, the MVEB should 

include direct PM2.5 motor vehicle 

emissions from tailpipes, brake wear, 

and tire wear. In addition, a state must 

also consider whether re-entrained road 

dust is a significant contributor and 

should be included in the direct PM2.5

MVEB.22 With respect to this 

requirement, the EPA reviewed 

information, data, and an analysis from 

the UDAQ that sufficiently documented 

that re-entrained road dust emissions 

were negligible and meet the criteria of 

40 CFR 93.102(b)(3) for not needing to 

be included in the direct PM2.5 MVEB. 

The EPA concurred with the State’s 

analysis in an email dated July 20, 2011 

to UDAQ.23

(ii) MVEBs Identified in the Logan PM2.5

Maintenance Plan SIP 

Utah’s Logan PM2.5 maintenance plan 

SIP revision was submitted to meet the 

requirements of CAA section 175A and 

relevant EPA guidance.24 The State’s 

maintenance plan specified the 

maximum mobile source emissions of 

PM2.5, NOX and VOC allowed in the 

final maintenance year, which is 2035. 

These mobile source emissions were 

initially identified by the State as the 

maintenance plan’s MVEBs. However, 

through additional sensitivity 

dispersion modeling, the State was able 

to demonstrate that for 2035, additional 

mobile sources emissions could be 

included such that the Logan area could 

continue to demonstrate maintenance. 

These additional direct PM2.5, NOX, and 

VOC mobile source emissions were then 

identified as a ‘‘safety margin’’ 25 and 

were then added to the initial MVEBs to 

arrive at the final MVEBs. This process 

of identifying an additional ‘‘safety 

margin’’ was correctly followed by the 

UDAQ and is allowed by 40 CFR 

93.124(a). The derivation of the MVEBs, 

with a ‘‘safety margin,’’ is described in 

Section 4 ‘‘Mobile Source Budget for 

Purposes of Conformity’’ of the 

maintenance plan and Section ‘‘3.e. Onroad Mobile Baseline and Projection 

Inventories, ii. On-Road MVEB 

Derivation’’ of the TSD. As presented in 

Table IX.A.28.9 of the maintenance 

plan, the final 2035 MVEBs were 0.2 tpd 

direct PM2.5, 2.02 tpd NOX, and 2.18 tpd 

VOCs. 

We note that 40 CFR 93.118(b)(2)(i) 

indicates that for maintenance plans 

that do not identify MVEBs for any 

other year than the last year of the 


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26 40 CFR 93.124(b). 

27Section 110(k)(1) of the Act and 57 FR 13565, 

April 16, 1992. 

maintenance plan, the demonstration of 

consistency with the MVEBs by the 

applicable MPO must be accompanied 

by a qualitative finding that there are no 

factors that would cause or contribute to 

a new violation or exacerbate an 

existing violation in the years before the 

last year of the maintenance plan. 

(iii) MVEBs Trading, for Purposes of 

Demonstrating Transportation 

Conformity, in the Logan PM2.5

Maintenance Area 

The EPA’s transportation conformity 

rule allows for trading between the 

direct PM2.5 and NOX and VOC 

precursor MVEBs where the SIP 

establishes an appropriate mechanism 

for such trades.26 The basis for the 

trading mechanism is the maintenance 

plan’s dispersion modeling 

demonstration for 2035, which 

established the relative contribution of 

the NOX and VOC precursor pollutants. 

As discussed in Section 4(a)(ii) 

(‘‘Trading Ratios for Transportation 

Conformity’’) of the maintenance plan, 

the State established a MVEB trading 

mechanism to allow for future increases 

in on-road mobile sources direct PM2.5

emissions to be offset by future 

decreases in NOX precursor emissions 

from on-road mobile sources. This ratio 

was developed from data from the air 

quality maintenance plan’s dispersion 

modeling. Section 4(a)(ii) of the 

maintenance plan and Section 6 of the 

maintenance plan’s TSD provide the 

following modeling-derived trading 

ratio: Future increases in on-road 

mobile sources direct PM2.5 emissions 

may be offset with future decreases in 

NOX emissions from on-road mobile 

sources at a NOX to PM2.5 ratio of 3.4 to 

1. 

The maintenance plan also notes that 

this trading mechanism will only be 

used by the Cache MPO for 

transportation conformity determination 

analyses for years after 2035. The 

maintenance plan further notes that to 

ensure that the trading mechanism does 

not impact the ability to meet the NOX

budget, the NOX emission reductions 

available to supplement the direct PM2.5

MVEB will only be those remaining 

after the 2035 NOX MVEB has been met. 

The maintenance plan further 

articulates that clear documentation of 

the calculations used in the MVEB 

trading must be included in the 

conformity determination analysis as 

prepared by the Cache MPO. 

(iv) EPA’s Evaluation of Mobile Source 

Revisions 

The EPA has evaluated the Logan 

PM2.5 maintenance plan’s emission 

inventories and maintenance 

demonstration modeling as described in 

the sections above. Based on our 

evaluation, we have determined that the 

direct PM2.5, NOX, and VOC MVEBs are 

appropriately derived from the 

maintenance plan and are acceptable. 

We have also evaluated the description 

and derivation of the MVEB NOX

trading mechanism and the supporting 

data from the maintenance plan’s 

maintenance demonstration modeling 

information and TSD and find it 

acceptable. Therefore, we are proposing 

to approve the Logan UT–ID PM2.5

maintenance plan’s 2035 MVEBs of 

direct PM2.5 of 0.2 tpd, NOX of 2.02 tpd, 

and VOC of 2.18 tpd. In addition, we are 

proposing to approve the NOX to direct 

PM2.5 MVEB trading mechanism as 

described above and documented in 

Section 4(a)(ii) of the maintenance plan. 

E. Did Utah follow the proper 

procedures for adopting this action? 

Section 110(k) of the CAA addresses 

our actions on submissions of revisions 

to a SIP. The Act also requires states to 

observe certain procedural requirements 

in developing implementation plans 

and plan revisions for submission. 

Section 110(a)(2) of the Act provides 

that each implementation plan 

submitted by a state must be adopted 

after reasonable notice and public 

hearing. Section 110(l) of the Act 

similarly provides that each revision to 

an implementation plan submitted by a 

state under the Act must be adopted by 

the state after reasonable notice and 

public hearing. 

We also must determine whether a 

submittal is complete and therefore 

warrants further review and action.27

Our completeness criteria for SIP 

submittals are at 40 CFR part 51, 

appendix V. We attempt to make 

completeness determinations within 60 

days of receiving a submission. 

However, a submittal is deemed 

complete by operation of law under 

section 110(k)(1)(B) of the Act if a 

completeness determination is not made 

within six months after receipt of the 

submission. 

On June 5, 2019, the UAQB proposed 

amendments to Utah SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Parts A and F, R307–110–31, 

and R307–110–36. The comment period 

was held from July 1, 2019, to July 31, 

2019. No comments were received, and 

no public hearing was requested. On 

September 4, 2019, the UAQB adopted 

revisions to R307–110–31, R307–110– 

36, and to Utah SIP Section X, Vehicle 

Inspection and Maintenance Program, 

Parts A and F. These revisions became 

effective on September 5, 2019, and 

UDAQ submitted these revisions to the 

EPA on November 5, 2019. 

On September 4, 2019, the UAQB 

proposed for public comment the Logan 

maintenance plan and redesignation 

request and revisions to R307–110–10. 

The public comment period was held 

from October 1, 2019, to October 31, 

2019. UDAQ received comments from 

industry and citizens; and no public 

hearing was requested. UDAQ provided 

the comments and their responses 

within the submittal. The comments did 

not prompt UDAQ to substantively 

revise any documents. UDAQ made a 

few minor revisions to the plan once the 

data and modeling were verified. On 

December 4, 2019, the UAQB adopted 

R307–110–10 and the Logan 

maintenance plan/redesignation 

request, and they became effective on 

December 5, 2019. UDAQ submitted 

these revisions and the TSD to the EPA 

on January 13, 2020. 

III. Proposed Action 

We are proposing to approve the 

Governor of Utah’s submittal of January 

13, 2020, which contains revisions to 

R307–110–10 and the Logan PM2.5

maintenance plan and redesignation 

request. We are also proposing to 

approve the Governor of Utah’s 

submittal of November 5, 2019, which 

contains revisions to R307–110–31, 

R307–110–36, Utah SIP Section X.A., 

and Utah SIP Section X.F. We are 

proposing to approve the maintenance 

plan’s 2035 MVEBs. In addition, we are 

also proposing to approve the NOX-todirect-PM2.5 MVEB trading mechanism. 

We are proposing approval of these 

submissions because UDAQ has 

adequately addressed all requirements 

of the Act for the SIP revisions and the 

redesignation to attainment applicable 

to the Logan 2006 24-hour PM2.5 NAA. 

We are using 2017–2019 ambient air 

quality data from Logan NAA as the 

basis for our decision. We have 

evaluated the ambient air quality data 

and have determined that the Logan 

2006 24-hour PM2.5 NAAQS NAA 

continues to attain the standard based 

on the available monitoring data. A 

separate EPA redesignation rulemaking 

will be conducted for the Idaho portion 

of the Logan NAA. Upon the effective 

date of a subsequent final action, the 

designation status of the Utah portion of 

the Logan area under 40 CFR part 81 

will be revised to attainment. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 11707 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference revisions to 

R307–110–10; R307–110–31; R307–110– 

36; Utah SIP Section X.A.; Utah SIP 

Section X.F.; maintenance plan for the 

Utah portion of the Logan PM2.5 NAA; 

and the redesignation request for the 

Logan PM2.5 NAA to attainment. 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). 

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 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 EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. Accordingly, 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 

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. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, and 

Wilderness areas. 

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

Dated: February 17, 2021. 

Debra Thomas, 

Acting Regional Administrator, EPA Region 

8. 

[FR Doc. 2021–03819 Filed 2–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

[Docket No. FWS–R7–MB–2020–0134; 

FXMB12610700000–201–FF07M01000] 

RIN 1018–BF08 

Migratory Bird Subsistence Harvest in 

Alaska; Harvest Regulations for 

Migratory Birds in Alaska During the 

2021 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service or USFWS) is 

proposing changes to the migratory bird 

subsistence harvest regulations in 

Alaska. These regulations allow for the 

continuation of customary and 

traditional subsistence uses of migratory 

birds in Alaska and prescribe regional 

information on when and where the 

harvesting of birds may occur. These 

regulations were developed under a comanagement process involving the 

Service, the Alaska Department of Fish 

and Game, and Alaska Native 

representatives. The proposed changes 

would update the regulations to 

incorporate revisions requested by these 

partners. 

DATES: We will accept comments 

received or postmarked on or before 

March 29, 2021. 

Information Collection Requirements: 

If you wish to comment on the 

information collection requirements in 

this proposed rule, please note that the 

Office of Management and Budget 

(OMB) is required to make a decision 

concerning the collection of information 

contained in this proposed rule between 

30 and 60 days after publication of this 

proposed rule in the Federal Register. 

Therefore, comments should be 

submitted to OMB by March 29, 2021. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R7–MB–2020–0134. 

• U.S. mail: Public Comments 

Processing, Attn: FWS–R7–MB–2020– 

0134; U.S. Fish and Wildlife Service, 

MS: JAO/3W, 5275 Leesburg Place, Falls 

Church, VA 22041–3803. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comment Procedures section, 

below, for more information). 


khammond on DSKJM1Z7X2PROD with PROPOSALS