Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 69173 

under docket number EPA–R08–OAR– 

2015–0342 for the Logan, Utah portion 

of the area, upon final reclassification as 

a Serious nonattainment area, Idaho will 

be required to submit, within 18 months 

after the effective date of 

reclassification, an updated emissions 

inventory, BACM/BACT for emissions 

sources in the area, and revisions to its 

NNSR program. The attainment 

demonstration and the remaining 

Serious area nonattainment plan 

elements will be due no later than three 

years after the effective date of the final 

action, or December 31, 2018, 

whichever is earlier. Upon 

reclassification as Serious, the Logan 

UT/ID area will be required to attain the 

standard as expeditiously as practicable, 

but no later than December 31, 2019. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 the requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. The 

SIP is not approved to apply in Indian 

reservations in the state or any other 

area where the EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. 

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. 

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

Dated: October 7, 2015. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2015–28358 Filed 11–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R08–OAR–2015–0342; FRL–9936–74- 

Region 8] 

Approval and Promulgation of 

Implementation Plans; Designation of 

Areas for Air Quality Planning 

Purposes; Utah; Reclassification as 

Serious Nonattainment for the 2006 

Fine Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to reclassify 

to Serious the Salt Lake City, Provo, and 

the Logan portion of the Logan, UT/ID 

nonattainment areas in Utah for the 

2006 24-hour fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS). Our proposal is 

based on EPA’s determination that the 

areas cannot practicably attain this 

standard by the applicable Moderate 

area attainment date of December 31, 

2015. Upon final reclassification as a 

Serious area, Utah will be required to 

submit a Serious area plan for each 

nonattainment area, including 

demonstrations that the individual 

plans for each area provides for 

attainment of the 2006 PM2.5 NAAQS by 

the applicable Serious area attainment 

date. 

DATES: Written comments must be 

received on or before December 9, 2015. 

ADDRESSES: Submit your comments, 

identified by EPA–R08–OAR–2015– 

0342, by one of the following methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• Email: ostigaard.crystal@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Director, Air Program, EPA, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, EPA, Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2015– 

0342. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA, without going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 


tkelley on DSK3SPTVN1PROD with PROPOSALS
69174 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 

1See 71 FR 61224 (October 17, 2006). EPA set the 

first NAAQS for PM2.5 on July 18, 1997 (62 FR 

36852), including annual standards of 15 mg/m3

based on a 3-year average of annual mean PM2.5

concentrations and 24-hour (daily) standards of 65 

mg/m3 based on a 3-year average of 98th percentile 

24-hour concentrations (40 CFR 50.7). In 2012, EPA 

revised the annual standard to lower its level to 12 

mg/m3 (78 FR 3086, January 15, 2013, codified at 40 

CFR 50.18). Unless otherwise noted, all references 

to the PM2.5 standard in this notice are to the 2006 

24-hour standard of 35 mg/m3 codified at 40 CFR 

50.13. 

2See EPA, Regulatory Impact Analysis for the 

Final Revisions to the National Ambient Air Quality 

Standards for Particulate Matter (EPA–452/R–12– 

005, December 2012), p. 2–1. 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http://

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 either 

electronically in http://

www.regulations.gov or in hard copy at 

the EPA Region 8, Office of Partnerships 

and Regulatory Assistance, Air Program, 

1595 Wynkoop Street, Denver, 

Colorado, 80202–1129. EPA requests 

that you contact the individual listed in 

the FOR FURTHER INFORMATION CONTACT

section to view the hard copy of the 

docket. You may view the hard copy of 

the docket Monday through Friday, 8 

a.m. to 4 p.m., excluding federal 

holidays. An electronic copy of the 

State’s SIP compilation is also available 

at http://www.epa.gov/region8/air/

sip.html. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Ostigaard, Air Program, EPA, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6602, 

ostigaard.crystal@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

a. Submitting CBI. Do not submit CBI 

to EPA through http://

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

b. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

i. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions—The agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

On October 17, 2006, EPA revised the 

24-hour NAAQS for PM2.5 to provide 

increased protection of public health by 

lowering its level from 65 micrograms 

per cubic meter (mg/m3) to 35 mg/m3 (40 

CFR 50.13).1 Epidemiological studies 

have shown statistically significant 

correlations between elevated PM2.5

levels and premature mortality. Other 

important health effects associated with 

PM2.5 exposure include aggravation of 

respiratory and cardiovascular disease 

(as indicated by increased hospital 

admissions, emergency room visits, 

absences from school or work, and 

restricted activity days), changes in lung 

function and increased respiratory 

symptoms. Individuals particularly 

sensitive to PM2.5 exposure include 

older adults, people with heart and lung 

disease, and children (78 FR 3086 at 

3088, January 15, 2013). PM2.5 can be 

emitted directly into the atmosphere as 

a solid or liquid particle (‘‘primary 

PM2.5’’ or ‘‘direct PM2.5’’) or can be 

formed in the atmosphere as a result of 

various chemical reactions among 

precursor pollutants such as nitrogen 

oxides, sulfur oxides, volatile organic 

compounds, and ammonia (‘‘secondary 

PM2.5’’).2

Following promulgation of the new or 

revised NAAQS, EPA is required by 

CAA section 107(d) to designate areas 

throughout the nation as attaining or not 

attaining the NAAQS. On November 13, 

2009, EPA designated the Salt Lake City, 

Prove, and Logan, UT/ID areas as 

nonattainment for the 2006 PM2.5

standard of 35 mg/m3 (74 FR 58688, 

November 13, 2009). This designation 

became effective on December 14, 2009 

(40 CFR 81.345). The Salt Lake City, 

Provo, and Logan, UT/ID areas were 

designated unclassifiable/attainment for 

the 1997 and 2012 annual PM2.5

standards. For a precise description of 

the geographic boundaries of the Salt 

Lake City, Provo, and Logan portion of 

the Logan, UT/ID PM2.5 nonattainment 

areas, see 40 CFR 81.345. EPA originally 

designated these areas under CAA title 

I, part D, subpart 1, which required the 

State of Utah to submit an attainment 

plan for each area no later than three 

years from the date of their 

nonattainment designations. These 

plans needed to provide for the 

attainment of the PM2.5 standard as 

expeditiously as practicable, but no later 

than five years from the date the areas 

were designated nonattainment. 

Subsequently, on January 4, 2013, the 

U.S. Court of Appeals for the District of 

Columbia held that EPA should have 

implemented the 2006 PM2.5 24-hour 

standard based on both CAA title I, part 

D, subpart 1 and subpart 4. Under 

subpart 4, nonattainment areas are 

initially classified as Moderate, and 

Moderate area attainment plans must 

address the requirements of subpart 4 as 

well as subpart 1. Additionally, CAA 

subpart 4 sets a different state 

implementation plan (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 the end of the sixth 

calendar year after designation. On June 

2, 2014 (79 FR 31566), EPA finalized the 

Identification of Nonattainment 

Classification and Deadlines for 


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Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 69175 

Submission of State Implementation 

Plan (SIP) Provisions for the 1997 Fine 

Particulate (PM2.5) National Ambient 

Air Quality Standard (NAAQS) and 

2006 PM2.5 NAAQS (‘‘the Classification 

and Deadline Rule’’). 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. That rule did not 

affect the Moderate area attainment date 

of December 31, 2015. 

On March 23, 2015, EPA proposed the 

Fine Particulate Matter National 

Ambient Air Quality Standards: State 

Implementation Plan Requirements 

(‘‘PM2.5 Implementation Rule’’), 80 FR 

15340, which partially addresses the 

January 4, 2013 court ruling. This 

proposed rule details how air agencies 

should meet the statutory SIP 

requirements that apply under subparts 

1 and 4 to areas designated 

nonattainment for any PM2.5 NAAQS, 

such as: general requirements for 

attainment plan due dates and 

attainment demonstrations; provisions 

for demonstrating reasonable further 

progress (RFP); quantitative milestones; 

contingency measures; Nonattainment 

New Source Review (NNSR) permitting 

programs; and reasonably available 

control measures (RACM) (including 

reasonably available control technology 

(RACT)), among other things. The 

statutory attainment planning 

requirements of subparts 1 and 4 were 

established to ensure that the following 

goals of the CAA are met: (i) That states 

implement measures that provide for 

attainment of the PM2.5 NAAQS as 

expeditiously as practicable; and, (ii) 

that states adopt emissions reduction 

strategies that will be the most effective, 

and the most cost-effective, at reducing 

PM2.5 levels in nonattainment areas. 

III. Potential One-Year Moderate Area 

Attainment Date Extensions 

Under section 188(d) of the Act, a 

state may apply to EPA for up to two 

one-year extensions of the Moderate 

area attainment date, which EPA may 

grant if the state satisfies certain 

conditions. Before EPA may extend the 

attainment date for a Moderate area 

under section 188(d), EPA must 

determine that: (1) The state has 

complied with all requirements and 

commitments pertaining to the area in 

the applicable implementation plan; 

and (2) no more than one exceedance of 

the 24-hour NAAQS level for PM10 has 

occurred in the area in the year 

proceeding the extension year, and the 

annual mean concentration for PM10 in 

the area for such year is less than or 

equal to the standard level. The PM2.5

Implementation Rule proposes 

interpretations of these provisions 

pertaining to PM2.5. Currently, the only 

Moderate nonattainment area in Utah 

for which the State has indicated they 

may request an extension of the 

Moderate area attainment date is the 

Logan, UT/ID nonattainment area. Until 

this action is finalized, the Logan 

portion of the Logan, UT/ID 

nonattainment area may still qualify for 

this Moderate area attainment date 

extension, as the year prior to the 

Moderate area attainment date is 2015. 

EPA intends that, if the State requests 

an extension of the Moderate area 

attainment date for the Logan portion of 

the Logan, UT/ID nonattainment area 

before EPA finalizes this discretionary 

reclassification, EPA may decide not to 

finalize this proposed reclassification 

with respect to the Logan area only. If 

EPA then acts on the State’s extension 

request, EPA will do so through a 

separate notice-and-comment 

rulemaking. In this proposed 

reclassification, we are neither 

proposing nor requesting comment on a 

potential extension. 

IV. Reclassification as Serious 

Nonattainment Area and Serious Area 

SIP Requirements 

A. Reclassification as Serious and 

Applicable Attainment Date 

Section 188 of the Act outlines the 

process for classification of PM2.5

nonattainment areas and establishes the 

applicable attainment dates. EPA has 

historically taken the view that under 

the plain meaning of the terms of 

section 188(b)(1) of the Act, EPA has 

general authority to reclassify before the 

applicable attainment date any areas 

that EPA determines cannot practicably 

attain the standard by such date. 

Accordingly, section 188(b)(1) of the Act 

is a general expression of delegated 

rulemaking authority. 

The criteria for determining if an area 

is attaining the 2006 24-hour PM2.5

NAAQS are set out in 40 CFR 50.13 and 

40 CFR part 50, appendix N. The 2006 

24-hour PM2.5 primary and secondary 

standards are met when the 98th 

percentile 24-hour concentration, as 

determined in accordance with 40 CFR 

part 50, Appendix N, is less than or 

equal to 35 mg/m3. To produce a valid 

24-hour standard design value, the three 

year average of the annual 98th 

percentile 24-hour average values is 

required. A year meets data 

completeness requirements when at 

least 75 percent of the scheduled 

sampling days for each quarter have 

valid data; however, less than complete 

data may be used when the resulting 24- 

hour design value is greater than the 

level of the standard. See 4.2(b), 40 CFR 

part 50, appendix N. The use of less 

than complete data is subject to the 

approval of EPA, which may consider 

factors such as monitoring site closures/ 

moves, monitoring diligence, and 

nearby concentrations in determining 

whether to use such data. We have 

reviewed recent PM2.5 monitoring data 

for the Salt Lake City, Provo, and the 

Logan portion of the Logan, UT/ID 

nonattainment areas available in EPA’s 

Air Quality System (AQS) database. 

These data show that the 24-hour PM2.5

levels in the Salt Lake City, Provo, and 

the Logan portion of the Logan, UT/ID 

nonattainment areas continue to be well 

above 35 mg/m3, the level of the 2006 

PM2.5 standard, and the recent trends in 

the nonattainment areas 24-hour PM2.5

levels are not consistent with a 

projection of attainment by the end of 

2015 (see Table 1 below). Additionally, 

for these three nonattainment areas to 

show attainment for the three year 

period of 2013–2015, the 98th percentile 

for 2015 would need to be near (or 

below) 0 mg/m3. These data show that it 

is impracticable for these three areas to 

attain the 24-hour standard by the end 

of 2015. 

TABLE 1—24-HOUR PM2.5 NAAQS DESIGN VALUES IN μg/m3

NAA Site AQS ID 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 

Logan portion of 

Logan, UT/ID NAA.

Logan, UT ............... 490050004 65 64 42 36 40 43 42 37 46 45 

Provo NAA .............. Lindon, UT .............. 490494001 43 44 45 44 50 41 41 32 44 42 

North Provo, UT ..... 490490002 39 38 37 37 42 36 35 29 45 43 

Spanish Fork, UT ... 490495010 36 36 36 1 34 42 39 42 35 46 44 

Salt Lake City NAA Bountiful, UT ........... 490110004 40 38 38 1 35 38 38 40 34 35 38 

Brigham City, UT .... 490030003 35 35 29 35 37 42 40 37 37 37 

Harrisville, UT ......... 490571003 36 38 35 35 38 36 37 1 33 1 35 n/a 


tkelley on DSK3SPTVN1PROD with PROPOSALS
69176 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 

3See 74 FR 58688 (November 13, 2009). 

4For any Serious area, the terms ‘‘major source’’ 

and ‘‘major stationary source’’ include any 

stationary source that emits or has the potential to 

emit at least 70 tons per year of PM10 (CAA section 

189(b)(3)). 

TABLE 1—24-HOUR PM2.5 NAAQS DESIGN VALUES IN μg/m3—Continued 

NAA Site AQS ID 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 

Hawthorne, UT ....... 490353006 47 48 48 46 48 44 45 38 41 43 

Magna, UT .............. 490351001 41 40 32 29 31 33 35 30 32 35 

Ogden No. 2, UT .... 490570002 40 40 36 36 40 37 40 36 39 34 

Rose Park, UT ........ 490353010 n/a n/a n/a n/a 37 41 41 35 39 42 

Tooele City, UT ...... 490450003 n/a n/a 1 31 22 23 26 27 24 28 29 

1 40 CFR part 50, appendix N, section 4.2(b) considers design values invalid when the design value is less than or equal to the level of the 

NAAQS, and one of more quarters have less than 75% data completeness. 

In accordance with section 188(b)(1) 

of the Act, EPA is proposing to 

reclassify the Salt Lake City, Provo, and 

the Logan portion of the Logan, UT/ID 

nonattainment areas from Moderate to 

Serious nonattainment for the 2006 24- 

hour PM2.5 standard of 35 mg/m3, based 

on EPA’s determination that the Salt 

Lake City, Provo, and the Logan portion 

of the Logan, UT/ID areas cannot 

practicably attain this standard by the 

applicable attainment date of December 

31, 2015. 

Under section 188(c)(2) of the Act, the 

attainment date for a Serious area ‘‘shall 

be as expeditiously as practicable but no 

later than the end of the tenth calendar 

year beginning after the areas 

designation as nonattainment . . .’’ The 

Salt Lake City, Provo, and the Logan 

portion of the Logan, UT/ID areas were 

designated nonattainment for the 2006 

PM2.5 standard effective December 14, 

2009.3 Therefore, upon final 

reclassification of the Salt Lake City, 

Provo, and the Logan portion of the 

Logan, UT/ID areas as Serious 

nonattainment areas, the latest 

permissible attainment date under 

section 188(c)(2) of the Act, for purposes 

of the 2006 PM2.5 standard in these 

areas, will be December 31, 2019. 

B. Clean Air Act Requirements for 

Serious PM2.5 Nonattainment Area 

Plans 

Upon reclassification as Serious 

nonattainment areas for the 2006 PM2.5

NAAQS, Utah will be required to 

submit additional SIP revisions to 

satisfy the statutory requirements of 

subpart 4 of part D, title I of the Act. 

The Serious area SIP elements that 

Utah will be required to submit are as 

follows: 

1. Provisions to assure that the best 

available control measures (BACM), 

including best available control 

technologies (BACT) for stationary 

sources, for the control of direct PM2.5

and PM2.5 precursors shall be 

implemented no later than four years 

after the area is reclassified (CAA 

section 189(b)(1)(B)); 

2. A demonstration (including air 

quality modeling) that the plan provides 

for attainment as expeditiously as 

practicable but no later than December 

31, 2019, or where the state is seeking 

an extension of the attainment date 

under section 188(e), a demonstration 

that attainment by December 31, 2019 is 

impracticable and that the plan provides 

for attainment by the most expeditious 

alternative date practicable and no later 

than December 31, 2024 (CAA sections 

188(c)(2), 188(e), and 189(b)(1)(A)); 

3. Plan provisions that require RFP 

(CAA 172(c)(2)); 

4. Quantitative milestones which are 

to be achieved every three years until 

the area is redesignated attainment and 

which demonstrate RFP toward 

attainment by the applicable date (CAA 

section 189(c)); 

5. 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 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)); 

6. 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)); 

7. Contingency measures to be 

implemented if the area fails to meet 

RFP or to attain by the applicable 

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

and 

8. Revisions to the NNSR program to 

lower the applicable ‘‘major stationary 

source’’ 4 thresholds from 100 tons per 

year (tpy) to 70 tpy (CAA section 

189(b)(3)). 

As described above, EPA proposed a 

rulemaking to provide guidance to states 

on the attainment planning 

requirements in subparts 1 and 4 of part 

D, title I of the Act that apply to areas 

designated nonattainment for PM2.5 (80 

FR 15340; March 23, 2015). 

C. Deadline for Submittal of Serious 

Area Plan Elements 

For an area reclassified as a Serious 

nonattainment area before the 

applicable attainment date under CAA 

section 188(b)(1), section 189(b)(2) 

requires the State to submit the required 

BACM provisions ‘‘no later than 18 

months after reclassification of the area 

as a Serious Area’’ and to submit the 

required attainment demonstration ‘‘no 

later than four years after 

reclassification of the area to Serious.’’ 

Section 189(b)(2) establishes outer 

bounds on the SIP submission deadlines 

and does not preclude EPA’s 

establishment of earlier deadlines as 

necessary or appropriate to assure 

consistency among the required 

submissions and to implement the 

statutory requirements. 

If a final reclassification of the Salt 

Lake City, Provo, and Logan portion of 

the Logan, UT/ID PM2.5 nonattainment 

areas to Serious becomes effective by 

early 2016, the Act provides the State 

with up to 18 months after this date (i.e., 

until mid-2017) to submit the required 

BACM provisions. Because an up-todate emissions inventory serves as the 

foundation for a state’s BACM and 

BACT determinations, EPA also 

proposes to require the State to submit 

the emissions inventory required under 

CAA section 172(c)(3) within 18 months 

after the effective date of final 

reclassification. Similarly, because an 

effective evaluation of BACM and BACT 

measures requires evaluation of the 

precursor pollutants that must be 

controlled to provide for expeditious 

attainment in the area, if the State 

chooses to submit an optional precursor 

insignificance demonstration to support 

a determination to exclude a PM2.5

precursor from the required control 

measure evaluations for the area, EPA 

proposes to require the State to submit 

any such demonstration by this same 

date. An 18-month timeframe for 

submission of these plan elements is 

consistent with both the timeframe for 

submission of BACM provisions under 


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Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 69177 

5Section 172(b) requires EPA to establish, 

concurrent with nonattainment area designations, a 

schedule extending no later than 3 years from the 

date of the nonattainment designation for states to 

submit plans or plan revisions meeting the 

applicable requirements of sections 110(a)(2) and 

172(c) of the CAA. 

6 74 FR 58688 (November 13, 2009). 

7NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 2013). 

8 79 FR 31566 (June 2, 2014). EPA notes that some 

states had already made SIP submissions intended 

to meet applicable nonattainment plan 

requirements as interpreted in the remanded 2007 

PM2.5 Implementation Rule. Accordingly, the new 

SIP submission deadline provided the opportunity 

for states to revise or supplement their prior 

submissions, as necessary or appropriate to meet 

subpart 4 requirements. 

9For areas designated nonattainment after 

November 15, 1990, section 188(b)(1)(B) of the Act 

requires that EPA ‘‘reclassify appropriate areas 

within 18 months after the required date for the 

State’s submission of a SIP for the Moderate Area.’’ 

Read together with section 189(a)(2)(B), which 

requires states to submit Moderate Area plans 

within 18 months after nonattainment designations, 

section 188(b)(1)(B) generally contemplates that 

EPA would reclassify appropriate areas as Serious 

nonattainment no later than 36 months (3 years) 

after initial nonattainment designations. Under 

these circumstances, the required Serious area 

attainment demonstration would normally be 

submitted no later than 7 years after initial 

designation (4 years after reclassification), which is 

3 years before the latest permissible attainment date 

under CAA section 188(c)(2). 

10 Id. 

11CAA section 189(b)(2). By contrast, for an area 

that is reclassified as Serious by operation of law 

after the applicable attainment date, which may be 

as late as the end of the 6th year after the area’s 

designation as nonattainment (CAA section 

188(b)(1)), the state must submit both the BACM 

provisions and the Serious area attainment 

demonstration no later than 18 months after 

reclassification. Id. 

12Under CAA section 188(c)(2), the latest 

permissible attainment date for a Serious PM2.5

nonattainment area is no later than the end of the 

tenth calendar year beginning after the area’s 

designation as nonattainment. 

13 Id. 

CAA section 189(b)(2) and the 

timeframe for submission of subpart 1 

plan elements under section 172(b) of 

the Act.5

EPA proposes to require the State to 

submit the attainment demonstration 

required under section 189(b)(1)(A) and 

the remaining attainment-related plan 

elements no later than three years after 

the effective date of final reclassification 

or by December 31, 2018, whichever is 

earlier. The attainment-related plan 

elements that we propose to require 

within the same three-year timeframe as 

the attainment demonstration are: (1) 

The RFP demonstration required under 

section 172(c)(2); (2) the quantitative 

milestones required under section 

189(c); (3) any additional control 

measures necessary to meet the 

requirements of section 172(c)(6); and 

(4) the contingency measures required 

under section 172(c)(9). Although 

section 189(b)(2) generally provides for 

up to four years after a discretionary 

reclassification for the State to submit 

the required attainment demonstration, 

it is appropriate in this case for EPA to 

establish an earlier SIP submission 

deadline to assure timely 

implementation of the statutory 

requirements. 

As discussed in the Background 

section, EPA designated the Salt Lake 

City, Provo, and Logan, UT/ID areas as 

nonattainment for the 2006 PM2.5

standard effective December 14, 2009.6

On January 4, 2013, the DC Circuit 

Court of Appeals issued its decision in 

NRDC remanding EPA’s 2007 PM2.5

Implementation Rule and directing EPA 

to repromulgate it in accordance with 

the requirements of subpart 4.7 In 

response to the NRDC decision, EPA 

undertook a rulemaking to classify all 

PM2.5 nonattainment areas as Moderate 

nonattainment and begin implementing 

the PM2.5 NAAQS under subpart 4. 

Effective July 2, 2014, EPA classified all 

areas previously designated 

nonattainment for the 1997 and/or 2006 

PM2.5 NAAQS as Moderate 

nonattainment under subpart 4 and 

established a December 31, 2014 

deadline for states to submit Moderate 

area SIP elements required for these 

areas.8 These unusual circumstances 

have significantly shortened the 

timeframes ordinarily allowed under the 

Act for EPA and the states to address the 

statutory SIP requirements following 

reclassification of an area from 

Moderate to Serious nonattainment 

under subpart 4.9

Our proposal to require the State to 

submit the attainment demonstration 

and other attainment-related plan 

elements no later than three years after 

reclassification or by December 31, 

2018, whichever is earlier, is supported 

by the overall structure and purpose of 

the attainment planning requirements in 

part D, title I of the Act. Section 

188(b)(1) provides EPA with 

discretionary authority to reclassify an 

area as Serious nonattainment at any 

time before the applicable attainment 

date, based on a determination that the 

area cannot practicably attain the 

NAAQS by the Moderate area 

attainment date. Under normal 

circumstances, where EPA reclassifies 

an area within three years after its 

designation as nonattainment, as 

contemplated in CAA section 

188(b)(1)(B),10 the required BACM 

provisions would be due no later than 

18 months after reclassification (i.e., no 

later than 4.5 years after designation) 

and the required attainment 

demonstration would be due no later 

than four years after reclassification 

(i.e., no later than seven years after 

designation).11 In these circumstances, 

the Serious area attainment 

demonstration would be due at least 

three years before the outermost Serious 

area attainment date for the area,12 thus 

providing EPA with sufficient time to 

evaluate the submitted plan well in 

advance of the statutory attainment 

date. However, in situations such as 

this, where EPA reclassifies an area 

pursuant to its discretionary 

reclassification authority later than 

three years after the area’s designation 

as nonattainment, it is appropriate for 

EPA to consider the outermost Serious 

area attainment date applicable to the 

area in setting a deadline for the State 

to submit the required elements of the 

Serious area attainment plan. 

Upon reclassification as Serious, the 

Salt Lake City, Provo, and Logan portion 

of the Logan, UT/ID PM2.5

nonattainment areas will be subject to a 

Serious area attainment date no later 

than December 31, 2019.13 Sections 

189(b)(1)(A) and 189(c) of the Act 

require the State to submit a 

demonstration that the plan provides for 

attainment of the PM2.5 standard by this 

date, including quantitative milestones 

which are to be achieved every three 

years until the area is redesignated 

attainment and which demonstrate 

reasonable further progress toward 

attainment by this date. If EPA 

reclassifies the Salt Lake City, Provo, 

and Logan portion of the Logan, UT/ID 

area effective in early 2016 and allows 

the State four years following 

reclassification (i.e., potentially until 

early 2020) to submit the attainment 

demonstration and related plan 

elements, these Serious area plan 

provisions would not be due until after 

the latest permissible statutory 

attainment date for the area (December 

31, 2019) has come and gone. Thus, 

under such circumstances, allowing the 

maximum four-year timeframe for 

submission of the required attainment 

demonstration and related plan 

elements would frustrate the statutory 

design and severely constrain EPA’s 

ability to ensure that the State is 

implementing the applicable statutory 

requirements in a timely manner. 

Therefore, it is appropriate for EPA to 

require Utah to submit the required 

attainment demonstration and other 

attainment-related plan elements no 

later than three years after final 

reclassification or by December 31, 

2018, whichever is earlier, so that EPA 

has adequate time to review and act on 

the State’s submission prior to the latest 

permissible attainment date for the area 

under section 188(c)(2), which is 


tkelley on DSK3SPTVN1PROD with PROPOSALS
69178 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 

14Section 189(e) requires that the 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 EPA’s satisfaction that such sources 

do not contribute significantly to PM2.5 levels that 

exceed the standard in the area. 

December 31, 2019. This timeframe for 

the required Serious area plan 

submissions is appropriate to assure 

consistency among the required 

submissions and to implement the 

statutory requirements in a timely 

manner. 

Finally, EPA proposes to require that 

the State submit revised NNSR program 

requirements no later than 18 months 

after final reclassification. The Act does 

not specify a deadline for the State’s 

submission of SIP revisions to meet 

NNSR program requirements to lower 

the ‘‘major stationary source’’ threshold 

from 100 tons per year (tpy) to 70 tpy 

(CAA section 189(b)(3)) and to address 

the control requirements for major 

stationary sources of PM2.5 precursors 

(CAA section 189(e)) 14 following 

reclassification of a Moderate PM2.5

nonattainment area as Serious 

nonattainment under subpart 4. 

Pursuant to EPA’s gap-filling authority 

in CAA section 301(a) and to effectuate 

the statutory control requirements in 

section 189 of the Act, EPA proposes to 

require the State to submit these NNSR 

SIP revisions, as well as any necessary 

analysis of and additional control 

requirements for major stationary 

sources of PM2.5 precursors, no later 

than 18 months after the effective date 

of final reclassification of the Salt Lake 

City, Provo, and Logan portion of the 

Logan, UT/ID area as Serious 

nonattainment for the 2006 PM2.5

standard. This due date will ensure that 

necessary control requirements for 

major sources are established well in 

advance of the required attainment 

demonstration. An 18-month timeframe 

for submission of the NSR SIP revisions 

also aligns with the statutory deadline 

for submission of BACM and BACT 

provisions and the broader analysis of 

PM2.5 precursors for potential controls 

on existing sources in the area. 

V. Proposed Action 

Pursuant to CAA section 188(b)(1), 

EPA is proposing to reclassify the Salt 

Lake City, Provo, and the Logan portion 

of the Logan, UT/ID PM2.5

nonattainment areas as Serious 

nonattainment for the 2006 PM2.5

standard based on the Agency’s 

determination that the Salt Lake City, 

Provo, and the Logan portion of the 

Logan, UT/ID areas cannot practicably 

attain the 2006 PM2.5 standard by the 

Moderate area attainment date of 

December 31, 2015. Upon final 

reclassification as a Serious 

nonattainment area, Utah will be 

required to submit, within 18 months 

after the effective date of 

reclassification, an updated emissions 

inventory, an optional precursor 

insignificance demonstration, and 

provisions to assure that BACM shall be 

implemented no later than four years 

after the effective date of 

reclassification. The due date for the 

remaining Serious area plan elements 

will be three years after the effective 

date of the final action or December 31, 

2018, whichever is earlier, to reclassify 

the areas. The NNSR SIP revisions will 

be due 18 months following 

reclassification. 

VI. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because it does not contain any 

information collection activities. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. This proposed rule would 

reclassify the Salt Lake City, Provo, and 

the Logan portion of the Logan, UT/ID 

nonattainment areas as Serious 

nonattainment for the 2006 PM2.5

NAAQS, and would not itself regulate 

small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, and does 

not significantly or uniquely affect small 

governments. This proposed action 

would reclassify the Salt Lake City, 

Provo, and the Logan portion of the 

Logan, UT/ID nonattainment areas as 

Serious nonattainment for the 2006 

PM2.5 NAAQS, and would not itself 

impose any federal intergovernmental 

mandate. The proposed action would 

not require any tribes to submit 

implementation plans. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Governments’’ (65 FR 67249, 

November 9, 2000), requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have Tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian Tribes.’’ 

There are no Indian tribes located 

within the boundaries of the Salt Lake 

City, Provo, and the Logan portion of 

the Logan, UT/ID nonattainment areas 

for the 2006 PM2.5 NAAQS. EPA 

concludes that the proposed 

reclassification would not have tribal 

implications for the purposes of 

Executive Order 13175. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe disproportionately 

affect children, per the definition of 

‘‘covered regulatory action’’ in section 

2–202 of the Executive Order. This 

proposed action is not subject to 

Executive Order 13045 because it would 

only reclassify the Salt Lake City, Provo, 

and the Logan portion of the Logan, UT/ 

ID nonattainment areas as Serious 

nonattainment for the 2006 PM2.5

NAAQS, triggering Serious area 

planning requirements under the CAA. 

This proposed action does not establish 

an environmental standard intended to 

mitigate health or safety risks. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules 69179 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed action is not subject to 

Executive Order 13211, because it is not 

a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA has determined that this action 

will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This proposed action 

would only reclassify the Salt Lake City, 

Provo, and the Logan portion of the 

Logan, UT/ID nonattainment areas as 

Serious nonattainment for the 2006 

PM2.5 NAAQS, triggering additional 

Serious area planning requirements 

under the CAA. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organization compounds. 

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

Dated: October 27, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2015–28359 Filed 11–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 401, 403, and 404 

[USCG–2015–0497; 1625–AC22] 

Great Lakes Pilotage Rates—2016 

Annual Review and Changes to 

Methodology 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking; 

extension of public comment period. 

SUMMARY: The Coast Guard is extending, 

for 30 days, the period for submitting 

public comments on the notice of 

proposed rulemaking (NPRM). The 

extension responds to a request made by 

several members of the public. 

DATES: The comment period for the 

NPRM published on September 10, 2015 

(80 FR 54484) is extended. Comments 

and related material must be submitted 

to the docket by December 9, 2015. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2015–0497 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Mr. Todd Haviland, 

Director, Great Lakes Pilotage, 

Commandant (CG–WWM–2), Coast 

Guard; telephone 202–372–2037, email 

Todd.A.Haviland@uscg.mil, or fax 202– 

372–1914. 

SUPPLEMENTARY INFORMATION: 

A. Public Participation and Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. Documents 

mentioned in this notice, and all public 

comments, are in our online docket at 

http://www.regulations.gov and can be 

viewed by following that Web site’s 

instructions. Additionally, if you go to 

the online docket and sign up for email 

alerts, you will be notified when 

comments are posted or a final rule is 

published. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, you may review a Privacy 

Act notice regarding the Federal Docket 

Management System in the March 24, 

2005, issue of the Federal Register (70 

FR 15086). 

B. Regulatory History and Information 

We published the NPRM for this 

rulemaking on September 10, 2015 (80 

FR 54484). It proposed changes to the 

methodology by which the Coast Guard 

reviews and adjusts rates for Great Lakes 

pilotage, and also proposed rates for the 

2016 shipping season. The NPRM 

announced a 60 day public comment 

period ending November 9, 2015. We 

have received a request from several 

members of the public for an extension 

of the comment period, which we have 

decided to grant in light of the 

importance of our proposed changes to 

the ratemaking methodology. With this 

extension, the total length of the public 

comment period will now be 90 days. 

This notice is issued under authority 

of 5 U.S.C. 552(a). 

November 5, 2015. 

Gary C. Rasicot, 

Director, Marine Transportation Systems, 

U.S. Coast Guard. 

[FR Doc. 2015–28590 Filed 11–5–15; 4:15 pm] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 150903814–5814–01] 

RIN 0648–XE171 

Fisheries of the Northeastern United 

States; Summer Flounder, Scup, and 

Black Sea Bass Fisheries; 2016–2018 

Summer Flounder, Scup, and Black 

Sea Bass Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed specifications; request 

for comments. 

SUMMARY: NMFS proposes specifications 

for the 2016–2018 summer flounder and 

scup fisheries and for the 2016–2017 

black sea bass fishery. The 

implementing regulations for the 

Summer Flounder, Scup, and Black Sea 

Bass Fishery Management Plan require 

us to publish specifications for the 

upcoming fishing year for each of these 

species and to provide an opportunity 

for public comment. This action is 

intended to propose for implementation 

specifications necessary to constrain 

harvest for these three species within 


tkelley on DSK3SPTVN1PROD with PROPOSALS