[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Proposed Rules]
[Pages 5435-5438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01962]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2021-0775; FRL-9330-01-R8]


Approval and Promulgation of Implementation Plans; Utah; 
Emissions Statement Rule and Nonattainment New Source Review 
Requirements for the 2015 8-Hour Ozone National Ambient Air Quality 
Standard for the Uinta Basin, Northern Wasatch Front and Southern 
Wasatch Front Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve state implementation plan (SIP) revisions submitted by the 
State of Utah. The revisions fulfill the emissions statement and 
nonattainment new source review (NNSR) requirements for the 2015 8-hour 
ozone national ambient air quality standard (NAAQS) for the Uinta 
Basin, Northern Wasatch Front, and Southern Wasatch Front nonattainment 
areas (NAAs). Utah submitted an emissions statement rule revision and a 
separate NNSR certification to meet, in part, the nonattainment 
requirements for Marginal ozone NAAs under the 2015 8-hour ozone NAAQS. 
The State's submission of the emissions statement rule revision also 
included revisions to emissions reporting requirements for stationary 
sources, which will be addressed in this proposed rule as well. The EPA 
is taking this action pursuant to sections 110, 172, and 182 of the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before March 3, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0775, 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

[[Page 5436]]

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 https://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: Matthew Lang, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, telephone number: (303) 312-6709, email address: 
<a href="/cdn-cgi/l/email-protection#e28e838c85cc8f8396968a8795a2879283cc858d94"><span class="__cf_email__" data-cfemail="2d414c434a03404c595945485a6d485d4c034a425b">[email protected]</span></a>.

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

I. Background

    Ground-level ozone is formed when nitrogen oxides (NO<INF>X</INF>) 
and volatile organic compounds (VOCs) react in the presence of 
sunlight. Referred to as ozone precursors, these two pollutants are 
emitted by many types of pollution sources, including motor vehicles, 
power plants, industrial facilities, and area wide sources, such as 
consumer products and lawn and garden equipment. Scientific evidence 
indicates that adverse public health effects may occur following 
exposure to ozone pollution. These effects are more pronounced in 
children and adults with lung disease. Breathing air containing ozone 
can reduce lung function and inflame airways, which can increase 
respiratory symptoms and aggravate asthma or other lung diseases. In 
1979, in response to this scientific evidence, the EPA promulgated the 
first ozone NAAQS, the 0.12 part per million (ppm) 1-hour ozone 
NAAQS.\1\ The EPA had previously promulgated a NAAQS for total 
photochemical oxidants.
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    \1\ Revisions to the National Ambient Air Quality Standards for 
Photochemical Oxidants, 44 FR 8202 (Feb. 8, 1979).
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    On July 18, 1997, the EPA promulgated a revised ozone NAAQS of 0.08 
ppm, averaged over eight hours.\2\ The EPA determined this standard to 
be more protective of public health than the previous 1979 1-hour ozone 
standard. In 2008, the EPA revised the 8-hour ozone NAAQS from 0.08 to 
0.075 ppm.\3\ On October 26, 2015, the EPA again strengthened the 8-
hour ozone NAAQS to 0.070 ppm, based on extensive scientific evidence 
about ozone's effects on public health and welfare.\4\ Effective August 
3, 2018, the EPA designated the Uinta Basin, Northern Wasatch Front, 
and Southern Wasatch Front areas as Marginal nonattainment for the more 
stringent 2015 8-hour ozone NAAQS.\5\
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    \2\ National Ambient Air Quality Standards for Ozone, 62 FR 
38856.
    \3\ National Ambient Air Quality Standards for Ozone, 73 FR 
16436 (March 27, 2008).
    \4\ National Ambient Air Quality Standards for Ozone, 80 FR 
65292.
    \5\ Additional Air Quality Designations for the 2015 Ozone 
National Ambient Air Quality Standards, 83 FR 25776 (June 4, 2018).
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    The Uinta Basin NAA is comprised of portions of Duchesne and Uintah 
Counties. The Northern Wasatch Front NAA includes Salt Lake, Davis, and 
portions of Weber and Tooele Counties. The Southern Wasatch Front NAA 
is comprised of only a portion of Utah County.
    Under section 182(a)(3)(B) of the CAA, Utah is required to 
implement an emissions statement rule in its Marginal NAAs that 
requires the owner or operator of each stationary source of 
NO<INF>X</INF> or VOCs to provide the state with an annual statement 
showing the actual emissions of NO<INF>X</INF> and VOCs from the 
source.\6\ This requirement may be waived for any class or category of 
stationary sources which emit less than 25 tons per year of 
NO<INF>X</INF> or VOCs if the state includes these emissions in the 
base year or periodic emissions inventories.\7\ Under section 172(c)(5) 
and 172(b) of the CAA, Utah is required to have implemented a NNSR 
permit program within three years from the effective date of 
designation.\8\ In addition to these two requirements, Utah is required 
to submit a base year emissions inventory of NO<INF>X</INF> and VOCs 
for its Marginal NAAs under section 182(a)(1) of the CAA.\9\ These 
three requirements together constitute the Marginal SIP. EPA has 
previously approved Utah's base year emissions inventory in the Uinta 
Basin, Northern Wasatch Front and Southern Wasatch Front NAAs.\10\ With 
the proposed approval of the State's emissions statement rule revisions 
and NNSR certification, which are the subject of this action, Utah will 
have met all requirements for its Marginal NAAs under the 2015 8-hour 
ozone NAAQS.
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    \6\ 42 U.S.C. 7511a(a)(3)(B)(i)
    \7\ 42 U.S.C. 7511a(a)(3)(B)(ii)
    \8\ Id. 7502(c)(5); Id. 7502(b).
    \9\ Id. 7511a(a)(1).
    \10\ Approval and Promulgation of Implementation Plans; Utah; 
2017 Base Year Inventories for the 2015 8-Hour Ozone National 
Ambient Air Quality Standard for the Uinta Basin, Northern Wasatch 
Front and Southern Wasatch Front Nonattainment Areas, 86 FR 35404 
(July 7, 2021).
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II. Summary of SIP Revision

A. Emission Inventories Rule Revision

    On November 3, 2020, the Utah Division of Air Quality (UDAQ) 
submitted a SIP revision titled ``R307-150. Permit: Emission 
Inventories'' which includes provisions to satisfy the emissions 
statement requirement under CAA section 182(a)(3)(B).\11\ Utah met the 
reasonable notice and public hearing requirements of CAA section 110(a) 
for the revision to its emissions inventory requirements through 
reasonable notice posted on July 1, 2020, and notice of a public 
hearing for August 3, 2020.\12\ Utah's emissions inventory SIP revision 
describes two changes to Rule R307-150 of the Utah Administrative Code 
(UAC). The first change converts summary-only emissions inventory 
reports to detailed reports and the second introduces reporting 
requirements specific to sources in ozone NAAs. Additional minor 
clerical revisions that do not affect the substance of the requirements 
of the rule were made throughout Rule R307-150 and are also being 
proposed for approval except for those in Section R307-150-8 as well as 
those in Subsection R307-150-3(4) which contain revisions that have not 
been incorporated into the Utah SIP.\13\ The clerical revisions that 
are included in these unincorporated sections of Rule R307-150 will be 
addressed in a future action.
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    \11\ Letter dated October 28, 2020, from Gary R. Herbert, 
Governor, State of Utah, to Gregory Sopkin, Regional Administrator, 
EPA, Region 8.
    \12\ Utah, Utah Administrative Documentation, R307-150. Permit: 
Emission Inventories, November 2020 (``UT Emissions Inventory SIP 
Revision'').
    \13\ When we describe changes as clerical in this proposed 
action, we are referring to changes such as section renumbering; 
alphabetizing of definitions; minor grammatical, editorial, and 
typographical revisions; and changes in capitalization.

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[[Page 5437]]

1. Conversion of Summary-Only to Detailed Emissions Inventory Reporting
    The first change of Utah's emissions inventory SIP submittal 
requires that all facilities submit detailed inventory data which was 
accomplished through removal of Section R307-150-7 and Subsection R307-
150-3(4) regarding its applicability as well as the addition of 
Subsection R307-150-3(3)(d), effective September 3, 2020.\14\ 
Previously, Section R307-150-7 required certain facilities to only 
submit facility totals for each pollutant while other facilities were 
required to report permitted equipment-level information.\15\ The 
revision removes Section R307-150-7 and Subsection R307-150-3(4) 
regarding its applicability while adding Subsection R307-150-3(3)(d) to 
require Part 70 sources not included in Subsections R307-150-3(2) and 
R307-150-3(3)(a)-(c) to submit detailed inventory data as specified by 
Section R307-150-6.\16\
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    \14\ UT Emissions Inventory SIP Revision at 69, 73, 75, 97.
    \15\ Id. at 69.
    \16\ Id. at 73, 75.
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2. Annual Ozone Emissions Statements
    The other change included in Utah's emissions inventory SIP 
revisions adds Section R307-150-9 entitled ``Annual Ozone Emission 
Statement'' and Subsection R307-150-3(5) regarding its applicability, 
effective September 3, 2020. This revision requires sources to submit 
an annual ozone emissions statement to UDAQ by April 15 showing 
emissions of NO<INF>X</INF> and VOCs from the prior year, with the 
first such statement having been due in 2021.\17\ As specified in the 
SIP revision, which adds Subsection R307-150-3(5) regarding the annual 
ozone emissions statement rule applicability, this rule applies to 
stationary sources in designated ozone nonattainment areas that have 
the potential to emit greater than 25 tons per year of NO<INF>X</INF> 
or VOCs.\18\
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    \17\ Id. at 76.
    \18\ Id. at 73.
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B. NNSR Certification

    On August 2, 2021, UDAQ submitted a SIP revision certifying that 
Utah's existing NNSR permit program fulfills the requirements under CAA 
section 172(c)(5).\19\ Utah met the requirements of CAA section 110(a) 
for the SIP revision certifying its existing NNSR permit program 
through reasonable notice posted on May 28, 2021 and notice of a public 
hearing for July 1, 2021.\20\
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    \19\ Submittal with letter dated July 29, 2021, from Kimberly 
Shelley, Executive Director, Utah Department of Environmental 
Quality, to Debra Thomas, Acting Regional Administrator, EPA, Region 
8 (``UT NNSR Certification'').
    \20\ UT NNSR Certification at 4.
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    NNSR permit program requirements were adopted for the 2015 ozone 
NAAQS at 40 CFR 51.1314 by the SIP Requirements Rule implementing the 
2015 8-hour ozone NAAQS.\21\ The minimum SIP requirements for NNSR 
permitting programs for the 2015 8-hour ozone NAAQS are located at 40 
CFR 51.165.\22\ The SIP for each ozone nonattainment area must contain 
NNSR provisions that:
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    \21\ Final Rule, Implementation of the 2015 National Ambient Air 
Quality Standards for Ozone: Nonattainment Area State Implementation 
Plan Requirements, 83 FR 62998 (Dec. 6, 2018).
    \22\ 40 CFR 51.1314 includes new source review requirements for 
the 2015 Ozone NAAQS with reference to specific requirements at 40 
CFR 51.165.
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    <bullet> Set major source thresholds for NO<INF>X</INF> and VOCs 
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2);
    <bullet> Classify physical changes as a major source if the change 
would constitute a major source by itself pursuant to 40 CFR 
51.165(a)(1)(iv)(A)(3);
    <bullet> Consider any significant net emissions increase of 
NO<INF>X</INF> as a significant net emissions increase for ozone 
pursuant to 40 CFR 51.165(a)(1)(v)(E);
    <bullet> Consider certain increases of VOC emissions in extreme 
ozone nonattainment areas as a significant net emissions increase and a 
major modification for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F);
    <bullet> Set significant emissions rates for VOC and NO<INF>X</INF> 
as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E);
    <bullet> Contain provisions for emissions reductions credits 
pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2);
    <bullet> Provide that the requirements applicable to VOC also apply 
to NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(8); and
    <bullet> Set offset ratios for VOC and NO<INF>X</INF> pursuant to 
40 CFR 51.165(a)(9)(ii)-(iv).\23\
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    \23\ 40 CFR 51.165.
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    Utah's NNSR SIP Revision certifies that Utah's existing NNSR permit 
program, applicable to the Uinta Basin, Northern Wasatch Front and 
Southern Wasatch Front NAAs under the 2015 8-hour ozone NAAQS, is at 
least as stringent as the minimum requirements for NNSR permitting 
programs for the ozone NAAQS at 40 CFR 51.165.\24\ Utah's SIP-approved 
NNSR program, as established in UAC R307-403, incorporates by reference 
the definitions at 40 CFR 51.165(a)(1).\25\
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    \24\ UT NNSR Certification at 6.
    \25\ UAC R307-403-1(3).
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III. Proposed Action

    We are proposing to approve the SIP revision submitted by Utah 
which included changes to R307-150 concerning the level of detail of 
emissions inventory data reported by certain sources as well as 
implementation of an annual ozone emissions statement rule for 
stationary sources in ozone NAAs. Additionally, we are proposing to 
approve the SIP revision submitted by Utah certifying that the State's 
previously approved NNSR permit program meets the requirement stemming 
from the Marginal ozone nonattainment designations of the Uinta Basin, 
Northern Wasatch Front, and Southern Wasatch Front areas. We are 
proposing to approve the revisions because they were prepared in 
accordance with the requirements in sections 182(a)(3)(B), 172(c)(5) 
and 172(b) of the CAA. The EPA is soliciting public comments on the 
issues discussed in this document. The EPA will consider these comments 
before taking final action.

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 the UDAQ rules regarding stationary source 
reporting requirements for emission inventories discussed in Sections 
II.A.1 and II.A.2 of this preamble. The EPA has made, and will continue 
to make, these materials generally available through 
www.regulations.gov and at the EPA Region 8 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

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:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735,

[[Page 5438]]

October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

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

    Dated: January 26, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-01962 Filed 1-31-22; 8:45 am]
BILLING CODE 6560-50-P


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