Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101483 

1A DV is a statistic used to compare data 

collected at an ambient air quality monitoring site 

to the applicable NAAQS to determine compliance 

with the standard. The data handling conventions 

for calculating DVs for the 2015 ozone NAAQS are 

specified in appendix U to 40 CFR part 50. The DV 

for the 2015 ozone NAAQS is the 3-year average of 

the annual fourth highest daily maximum 8-hour 

average ozone concentration. The DV is calculated 

for each air quality monitor in an area, and the DV 

for an area is the highest DV among the individual 

monitoring sites located in the area. 

§ 62.6357 Missouri Department of Natural 

Resources. 

(a) Identification of plan. Missouri 

plan for control of landfill gas emissions 

from existing municipal solid waste 

landfills and associated state regulations 

submitted on January 26, 1998, with 

amendments on September 8, 2000, 

February 9, 2012, and July 25, 2022. The 

plan includes the regulatory provisions 

cited in paragraph (d) of this section, 

which EPA incorporates by reference. 

(b) Identification of sources. The plan 

applies to all existing municipal solid 

waste landfills for which construction, 

reconstruction, or modification was 

commenced before May 30, 1991, that 

accepted waste at any time since 

November 8, 1987, or that have 

additional capacity available for future 

waste deposition, and have design 

capacities greater than 2.5 million 

megagrams and nonmethane organic 

emissions greater than 50 megagrams 

per year, as described in 40 CFR part 60, 

subpart Cc. 

(c) Effective date. The effective date of 

the plan for municipal solid waste 

landfills is June 23, 1998. The 

amendments are effective January 16, 

2001, May 30, 2012, and January 15, 

2025, respectively. 

(d) Incorporation by reference. (1) 

Certain material is incorporated by 

reference into this section with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved incorporation 

by reference material is available for 

inspection at the Environmental 

Protection Agency (EPA) and at the 

National Archives and Records 

Administration (NARA). Contact the 

EPA Region 7 office, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7003; 

email address: prue.allyson@epa.gov. 

You may obtain copies from the EPA 

Region 7 office or the EPA Docket 

Center—Public Reading Room, EPA 

West Building, Room 3334, 1301 

Constitution Avenue NW, Washington, 

DC 20004; telephone number: (202) 

566–1744. For information on the 

availability of this material at NARA, 

visit https://www.archives.gov/federalregister/cfr/ibr-locations or email 

fr.inspection@nara.gov. You may also 

obtain this material from the source in 

paragraph (d)(2) of this section. 

(2) State of Missouri, 600 West Main 

Street, Jefferson City, Missouri 65101; 

telephone number: (573) 751–4015; 

https://www.sos.mo.gov/adrules/csr/ 

current/10csr/10csr.asp#10-10. 

(i) 10 CSR 10–5.490, Municipal Solid 

Waste Landfills, effective July 30, 2022. 

(ii) 10 CSR 10–6.310, Restriction of 

Emissions from Municipal Solid Waste 

Landfills, effective July 30, 2022. 

[FR Doc. 2024–29404 Filed 12–13–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R08–OAR–2024–0001; FRL–12469– 

01–R8] 

Denial of Request for Attainment Date 

Extension, Finding of Failure To Attain, 

and Reclassification of an Area in Utah 

as Moderate for the 2015 Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is denying a request by 

the State of Utah and the Ute Indian 

Tribe for an extension of the attainment 

date for the Uinta Basin, Utah Marginal 

nonattainment area under the 2015 

ozone National Ambient Air Quality 

Standards (NAAQS). In addition, we are 

determining that the area did not attain 

the standard by the applicable 

attainment date, and accordingly that 

the area will be reclassified by operation 

of law to ‘‘Moderate’’ nonattainment for 

the 2015 ozone NAAQS on the effective 

date of this final rule. With respect to 

the Uinta Basin area, this action fulfills 

the EPA’s obligation under the Clean 

Air Act (CAA) to determine whether 

ozone nonattainment areas attained the 

NAAQS by the Marginal area attainment 

date and to publish a document in the 

Federal Register identifying each area 

that is determined as having failed to 

attain and identifying the 

reclassification. 

DATES: This rule is effective on January 

15, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2024–0001. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Amanda Brimmer, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–AQ–R, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6323, 

email address: brimmer.amanda@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Overview of Action 

The EPA is required to determine 

whether areas designated nonattainment 

for an ozone NAAQS attained the 

standard by the applicable attainment 

date, and to take certain steps for areas 

that failed to attain (see CAA section 

181(b)(2)). The EPA’s determination of 

attainment for the 2015 ozone NAAQS 

is based on a nonattainment area’s 

design value (DV) as of the attainment 

date.1

The 2015 ozone NAAQS is met at a 

monitoring site when the DV does not 

exceed 0.070 parts per million (ppm). 

This action addresses the Uinta Basin 

area in Utah, which includes portions of 

Duchesne and Uintah Counties. The 

Uinta Basin was initially classified as 

Marginal for the 2015 ozone NAAQS 

and received a 1-year extension of the 

attainment date in 2022, making the 

Marginal area attainment date for this 

area August 3, 2022. As further 

explained in the Response to Comment 

document in the docket, in this action 

we are denying a request for a second 

1-year extension. Accordingly, the 

applicable attainment date for the area 

remains August 3, 2022. Because DVs 

are based on the three most recent, 

complete calendar years of data 

preceding the attainment date, 

attainment must occur no later than 

December 31 of the year before the 

attainment date (i.e., December 31, 

2021, in the case of the Uinta Basin 

Marginal nonattainment area for the 

2015 ozone NAAQS). Accordingly, the 

EPA’s determination for this area is 


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2See letter dated December 20, 2022, from Ute 

Indian Tribe Chairman Shaun Chapoose to U.S. 

EPA Region 8 Regional Administrator KC Becker. 

3See 40 CFR 51.1307 (pertaining to determining 

eligibility under CAA section 181(a)(5)(B) for 

attainment date extensions for the 2015 ozone 

NAAQS). 

4See id. As of October 31, 2024, the Uinta Basin 

area’s certified 2020 and 2021 ozone data show that 

the maximum two-year average design value for 

2020–2021 is 0.069 ppm. This is based on 2020 and 

2021 ozone values at the two key monitors in the 

region (AQS Site 490472002, which had fourth 

highest daily maximum 8-hour value for 2020 at 

0.066 ppm, and AQS Site 490472003, which had 

fourth highest daily maximum 8-hour value for 

2021 at 0.072 ppm, which averaged is 0.069 ppm.). 

based upon the complete, qualityassured, and certified ozone monitoring 

data from calendar years 2019, 2020, 

and 2021. 

The EPA is finding that the Uinta 

Basin Marginal area did not attain by 

the attainment date, because the area’s 

2019–2021 DV was 0.078 ppm, which is 

greater than 0.070 ppm. Under CAA 

section 181(b)(2)(A), the effect of this 

determination is that this area will be 

reclassified by operation of law as 

Moderate on the effective date of this 

final rule. The reclassified area will then 

be subject to the Moderate area 

requirement to attain the 2015 ozone 

NAAQS as expeditiously as practicable, 

but not later than August 3, 2024. 

As a result of the area’s 

reclassification as Moderate, Utah must 

submit to the EPA the State 

Implementation Plan (SIP) revisions for 

this area that satisfy the statutory and 

regulatory requirements applicable to 

Moderate areas established in CAA 

section 182(b) and in the 2015 Ozone 

NAAQS SIP Requirements Rule (see 83 

FR 62998, December 6, 2018). The EPA 

will be establishing deadlines for the 

Uinta Basin area for submitting SIP 

revisions and for planning requirements 

on Indian Country in a separate action. 

II. What is the background for this 

action? 

On October 26, 2015, the EPA issued 

its final action to revise the NAAQS for 

ozone to establish a new 8-hour 

standard (see 80 FR 65452, October 26, 

2015). In that action, the EPA 

promulgated identical tighter primary 

and secondary ozone standards, 

designed to protect public health and 

welfare, that specified an 8-hour ozone 

level of 0.070 ppm. Specifically, the 

standards provide that the 3-year 

average of the annual fourth highest 

daily maximum 8-hour average ozone 

concentration may not exceed 0.070 

ppm. 

Effective August 3, 2018, the EPA 

designated 52 areas throughout the 

country as nonattainment for the 2015 

ozone NAAQS (see 83 FR 25776, June 

4, 2018). In a separate action, the EPA 

assigned classification thresholds and 

attainment dates based on the severity 

of an area’s ozone problem, determined 

by the area’s DV (see 83 FR 10376, May 

8, 2018). Consistent with CAA section 

181(a), the EPA established the 

attainment date for Marginal, Moderate, 

and Serious nonattainment areas as 3 

years, 6 years, and 9 years, respectively, 

from the effective date of the final 

designations. Thus, the attainment date 

for Marginal nonattainment areas for the 

2015 ozone NAAQS was August 3, 

2021; the attainment date for Moderate 

areas was August 3, 2024; and the 

attainment date for Serious areas is 

August 3, 2027. On October 7, 2022 (87 

FR 60897), the EPA determined that 22 

areas, including the Uinta Basin area, 

did not attain the standards by the 

Marginal attainment date. All of these 

areas except the Uinta Basin were 

reclassified as Moderate by operation of 

law. As to the Uinta Basin, however, 

EPA granted a 1-year extension of the 

attainment date, to August 3, 2022. 

The State of Utah requested a second 

1-year extension of the attainment date 

for the Uinta Basin, to August 3, 2023. 

On December 20, 2022, the Ute Indian 

Tribe also requested a second one-year 

extension.2 Granting this extension 

would make the relevant years for 

evaluating attainment 2020–2022. On 

April 10, 2024 (89 FR 25223), EPA 

proposed to grant the request for a 

second extension, and to determine that 

the area attained by this attainment date 

based on data from 2020–2022. EPA 

took public comment on this proposal 

through May 10, 2024. 

III. What is the statutory authority for 

this action? 

The statutory authority for this 

determination is provided by the CAA, 

as amended (42 U.S.C. 7401 et seq.), 

including sections 107, 181 and 182. 

CAA section 107(d) provides that 

when the EPA establishes or revises a 

NAAQS, the agency must designate 

areas of the country as nonattainment, 

attainment, or unclassifiable based on 

whether each area is not meeting (or is 

contributing to air quality in a nearby 

area that is not meeting) the NAAQS, 

meeting the NAAQS, or cannot be 

classified as meeting or not meeting the 

NAAQS, respectively. Subpart 2 of part 

D of title I of the CAA governs the 

classification, state planning, and 

emission control requirements for any 

areas designated as nonattainment for a 

revised primary ozone NAAQS. In 

particular, CAA section 181(a)(1) 

requires each area designated as 

nonattainment for a revised ozone 

NAAQS to be classified at the same time 

as the area is designated based on the 

extent of the ozone problem in the area 

(as determined based on the area’s DV). 

Classifications for ozone nonattainment 

areas are ‘‘Marginal,’’ ‘‘Moderate,’’ 

‘‘Serious,’’ ‘‘Severe,’’ and ‘‘Extreme,’’ in 

order of stringency. CAA section 182 

provides the specific attainment 

planning and additional requirements 

that apply to each ozone nonattainment 

area based on its classification. 

Section 181(b)(2)(A) of the CAA 

provides that within 6 months following 

the applicable attainment date, the EPA 

must determine whether an ozone 

nonattainment area attained the ozone 

standard based on the area’s DV as of 

that date. Section 181(a)(5) of the CAA 

provides the EPA the discretion (i.e., 

‘‘the Administrator may’’) to extend an 

area’s applicable attainment date by one 

additional year upon application by any 

state if the state meets the two criteria 

under CAA section 181(a)(5), as 

interpreted by the EPA at 40 CFR 

51.1307. No more than two one-year 

extensions may be issued for a single 

nonattainment area. CAA section 

181(a)(5). 

With respect to the first criterion, the 

EPA interprets the provision as having 

been satisfied if a state can demonstrate 

that it is in compliance with its 

approved implementation plan. See 

Delaware Dept. of Nat. Resources and 

Envtl. Control v. EPA, 895 F.3d 90, 101 

(D.C. Cir. 2018) (holding that the CAA 

requires only that an applying state with 

jurisdiction over a nonattainment area 

comply with the requirements in its 

applicable SIP, not every requirement of 

the Act); see also Vigil v. Leavitt, 381 

F.3d 826, 846 (9th Cir. 2004). A state 

may meet this requirement by certifying 

its compliance, and in the absence of 

such certification, the EPA may make a 

determination as to whether the 

criterion has been met. See Delaware, 

895 F.3d at 101–102. 

Application of the second criterion 

differs depending on whether it is being 

applied to a first or a second extension.3

For a second extension, the EPA has 

interpreted the air quality criterion of 

CAA section 181(a)(5)(B) to mean that 

an area’s 4th highest daily maximum 8- 

hour value, averaged over both the 

original attainment year and the first 

extension year, must be no greater than 

0.070 ppm.4

We evaluated the information 

submitted by the Utah Division of Air 

Quality (UDAQ) and proposed to 

determine that the area met the two 

necessary statutory criteria for the 

second 1-year extension under CAA 

section 181(a)(5) and 40 CFR 


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5CAA section 181(a)(1). 

6See, e.g., CAA section 171(1) (defining 

reasonable further progress as annual incremental 

reductions in emissions of the relevant air pollutant 

. . . for the purpose of ensuring attainment of the 

applicable [NAAQS] by the applicable attainment 

date’’); CAA section 172(a)(2)(A) (establishing 

attainment dates for the primary NAAQS as ‘‘the 

date by which attainment can be achieved as 

expeditiously as practicable, but no later than 5 

years from the date such area was designated 

nonattainment under [107(d)] of this title’’); CAA 

section 172(c)(1) (requiring implementation of all 

reasonably available control measures as 

expeditiously as practicable and that plans provide 

for attainment of the NAAQS); CAA section 

172(c)(6) (requiring state plans to include 

enforceable emission limitations, and such other 

control measures, means or techniques, as well as 

schedules and timetables for compliance, as may be 

necessary or appropriate to provide for attainment 

of the NAAQS by the applicable attainment date). 

7See Regulatory Impact Analysis (RIA) for the 

U&O O&NG FIP for a more detailed discussion of 

winter ozone. This can be viewed in Docket ID No. 

EPA–R08–OAR–2015–0709 at https://

regulations.gov/document/EPA-R08-OAR-2015- 

0709-0260. 

51.1307(a)(2). We stated that no other 

facts or circumstances compelled the 

EPA Administrator to consider 

information beyond the statutory 

criteria (see 89 FR 25223, 25226 (Apr. 

10, 2024)). But we also explicitly asked 

the public to weigh in on the EPA’s 

findings: ‘‘[t]he EPA solicits comments 

on this proposal to grant the requested 

second 1-year attainment date extension 

. . . and whether there are any 

particular circumstances . . . that the 

EPA should consider before granting the 

request.’’ Id. We still conclude that the 

area met the two minimum statutory 

criteria, but after considering public 

comments received, air quality data, 

potential impacts on populations in the 

nonattainment area, and other relevant 

factors, EPA is exercising its discretion 

not to grant the request. 

An exercise of discretion is involved 

in denying or granting an ozone 

attainment date extension, once the two 

minimum statutory criteria are met. See, 

e.g., New York v. EPA, 921 F.3d 257, 

298 (D.C. Cir. 2019) (internal citations 

omitted) (finding under a similarly 

constructed CAA provision that ‘‘[t]he 

statute requires this showing to be 

made, but once it has been made, the 

statute provides only that EPA ‘may’ 

expand the region, not that it ‘shall’ or 

‘must’ do so . . . In other words, this 

requirement is a necessary but not 

sufficient condition for expansion of the 

region’’). With respect to CAA section 

181(a)(5), the D.C. Circuit has 

acknowledged that the provision grants 

the EPA discretion to look beyond the 

two enumerated factors. Delaware, 895 

F.3d 90, 100 (D.C. Cir. 2018) (noting that 

despite its holding that the EPA was not 

required to determine every state in a 

multi-state nonattainment area’s 

compliance with its SIP under section 

181(a)(5)(A), ‘‘EPA nevertheless 

retained discretion to consider 

Delaware’s compliance, given that the 

Act only dictates that EPA ‘may’ grant 

an extension when the statute’s 

requirements are met’’) (emphasis 

added). The court added that the EPA’s 

exercise of discretion under this 

provision is subject to arbitrary-andcapricious review, such that the Agency 

‘‘must cogently explain why it has 

exercised its discretion in a given 

manner.’’ Id. (emphasis in original) 

(citing Motor Vehicle Mfrs. Ass’n of the 

U.S., Inc. v. State Farm Auto. Ins. Co., 

463 U.S. 29, 48 (1983)). The statute does 

not compel the Agency to grant an 

extension when the two criteria are met, 

and it is reasonable to exercise our 

discretionary authority in light of the 

Act’s goals. 

CAA section 181(a)(5), which 

establishes the extension process for 

ozone nonattainment areas, mirrors the 

extension process established in the 

general nonattainment area provisions 

at CAA section 172(a)(2)(C), and is 

appropriately read in light of the Act’s 

focus on the expeditious attainment of 

the NAAQS—both in subpart 2 

specifically 5 and in part D more 

generally.6 The ultimate goal of part D 

of the CAA, which governs planning 

requirements for nonattainment areas, 

and the responsibility of states and the 

EPA under that section of the Act, is to 

drive progress in nonattainment areas 

toward attainment as expeditiously as 

practicable but by no later than the 

maximum attainment dates prescribed 

by the Act. 

We are denying this extension after 

evaluating and considering the public 

comments received and carefully 

reviewing the area’s air quality data. We 

conclude that it is appropriate to 

exercise our discretion to deny the 

extension to ensure the expeditious 

attainment of the NAAQS in the Uinta 

Basin, and that granting the State’s and 

Tribe’s request for a second 1-year 

extension and finding that the area 

attained by the extended Marginal 

attainment date would potentially delay 

needed improvement of the area’s air 

quality and protection of human health 

and the environment. As noted in the 

proposal, we are encouraged by the 

progress of emissions reductions in the 

area. However, after reviewing the 

public comments on the proposal, we 

agree with commenters that recent air 

quality concentrations indicate that 

continued application of the planning 

requirements of subpart 2 of the CAA, 

which are designed to achieve 

attainment of the ozone NAAQS, would 

help ensure that those reductions, along 

with other reductions if they are 

determined to be necessary, result in 

attainment of the NAAQS. 

As discussed in further detail in the 

Response to Comments document, 

monitoring values do show an overall 

trend towards attainment. But we also 

recognize the importance and 

significance of the high ozone levels 

recorded in 2023. The Uinta Basin is 

quite unusual among ozone 

nonattainment areas, in that the area has 

elevated terrain surrounding a low 

basin, and in that the highest ozone 

levels tend to occur during the winter 

months. Specifically, when strong and 

persistent temperature inversions form 

over snow-covered ground in the Uinta 

Basin, this results in a stable 

atmosphere which traps emissions and 

allows them to accumulate and react 

with sunlight to form ozone.7

Additionally, because sunlight reflects 

off snow, under these conditions there 

is even higher reactivity and thus higher 

ozone levels. Conversely, in years 

without these meteorological conditions 

(such as 2020 and 2021), local 

anthropogenic emissions typically will 

not create high wintertime ozone 

concentrations. Therefore, EPA is 

concerned that it remains probable that 

the area will continue to experience 

high ozone levels in years where these 

meteorological conditions are met. 

Granting the extension and 

determining that the area attained by its 

attainment date would mean that the 

Uinta Basin would remain in Marginal 

nonattainment, even though the area has 

experienced significant violations of the 

NAAQS after the attainment date and 

likely will do so in the future if the same 

meteorological conditions reoccur in 

future winters. Those future 

meteorological conditions could result 

in similar violations of the ozone 

NAAQS again, because none of the 

specific mechanisms and controls in 

part D and subpart 2, which require that 

emission reductions result in 

attainment, would apply to the area. For 

example, while Marginal nonattainment 

areas are subject to requirements such as 

periodic inventories and nonattainment 

new source review (NNSR) permitting, 

the vital nonattainment planning 

requirements that result in imposition of 

controls and actual emission reductions, 

such as reasonable further progress, 

attainment demonstration controls and 

modeling, and reasonable available 

control technology (RACT), apply only 

to areas classified as Moderate and 

above. Therefore, if EPA were to finalize 

its proposed approval of Utah’s request 

for an extension and determine that the 

area attained by its Marginal area 


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8Okla. Dep’t of Envtl. Quality v. EPA, 740 F.3d 

185, 194 (D.C. Cir. 2014) (For purposes of a Clean 

Air Act SIP, ‘‘[a] state therefore has regulatory 

jurisdiction within its geographic boundaries except 

where a Tribe has a reservation. . . .’’). The Uintah 

& Ouray Reservation’s boundaries have been 

addressed and explained in a series of federal court 

decisions. Consistent with those decisions, the EPA 

considers all lands within the U&O Reservation’s 

boundaries to be ‘‘Indian country’’ as defined in 18 

U.S.C. 1151, subject to federal court decisions 

holding that specified Congressional acts removed 

certain lands from Indian country status. See Ute 

Indian Tribe v. Utah, 521 F. Supp. 1072 (D. Utah 

1981); Ute Indian Tribe v. Utah, 716 F.2d 1298 

(10th Cir. 1983); Ute Indian Tribe v. Utah, 773 F.2d 

1087 (10th Cir. 1985) (en banc), cert. denied, 479 

U.S. 994 (1986); Hagen v. Utah, 510 U.S. 399 

(1994); Ute Indian Tribe v. Utah, 935 F. Supp. 1473 

(D. Utah 1996); Ute Indian Tribe v. Utah, 114 F.3d 

1513 (10th Cir. 1997), cert. denied, 522 U.S. 1107 

(1998); Ute Indian Tribe v. Utah, 790 F.3d 1000 

(10th Cir. 2015), cert. denied, 136 S. Ct. 1451 

(2016); Ute Indian Tribe v. Myton, 835 F.3d 1255 

(10th Cir. 2016), cert. denied, 582 U.S. 952 (2017); 

Hackford v. Utah, 845 F.3d 1325, 1327 (10th Cir.), 

cert. denied, 138 S. Ct. 206 (2017). 

9 42 U.S.C. 7601(d)(1) and (2); see 63 FR 7254– 

57 (Feb. 12, 1998) (explaining that CAA section 

301(d) includes a delegation of authority from 

Congress to eligible Indian Tribes to implement 

CAA programs over all air resources within the 

exterior boundaries of their Reservations). 

10 42 U.S.C. 7601(d)(4). 

11See 40 CFR 49.3 (General Tribal Clean Air Act 

authority), 49.4 (Clean Air Act provisions for which 

it is not appropriate to treat Tribes in the same 

manner as States); see generally 40 CFR part 49, 

subpart A (Tribal Authority). 

12 40 CFR 49.11(a). 

13See 40 CFR 50.19. 

14According to appendix U to 40 CFR part 50, 

ambient monitoring sites with a DV of 0.070 ppm 

or less must meet minimum data completeness 

requirements in order to be considered valid. These 

requirements are met for a 3-year period at a site 

if daily maximum 8-hour average ozone 

concentrations are available for at least 90% of the 

days within the ozone monitoring season, on 

average, for the 3-year period, with a minimum of 

at least 75% of the days within the ozone 

monitoring season in any one year. Ozone 

monitoring seasons are defined for each state in 

appendix D to 40 CFR part 58. DVs greater than 

attainment date, the area could continue 

violating the 2015 ozone NAAQS 

indefinitely without being subject to any 

of the CAA’s attainment planning 

requirements and consequences that 

were designed to ensure that 

nonattainment areas progress to 

attainment. Timely attainment of the 

ozone NAAQS also serves to ensure that 

communities in the Uinta Basin are not 

exposed to disproportionate health and 

environmental impacts. 

Accordingly, we are not finalizing the 

action as proposed, and are instead 

denying the request for a second 

extension. Further, we are determining 

that the area failed to attain by the 

Marginal attainment date of August 3, 

2022. These final actions are within the 

scope of our proposed action. See 

Arizona Pub. Serv. Co. v. EPA, 211 F.3d 

1280, 1299 (D.C. Cir. 2000) (‘‘[T]he final 

rule was not wholly unrelated or 

surprisingly distant from what EPA 

initially suggested. In first proposing 

that Tribes would have to meet the 

‘same requirements’ as states, EPA 

effectively raised the question as to 

whether this made sense.’’); Final rule, 

Denial of Request for Extension of 

Attainment Date for 1997 PM2.5 NAAQS; 

California; San Joaquin Valley Serious 

Nonattainment Area, 81 FR 69396, 

69400 (Oct. 2, 2016) (‘‘Implicit in any 

such proposal to grant an extension 

requested by a state is the possibility 

that the EPA may decide to deny the 

extension, after considering public 

comments.’’). For a discussion of 

comments received on the proposal and 

responses to those comments, please see 

the Response to Comments document in 

the docket for this action. 

If an ozone nonattainment area fails to 

attain the ozone NAAQS by the 

applicable attainment date and is not 

granted a 1-year attainment date 

extension, CAA section 181(b)(2)(A) 

requires the EPA to make the 

determination that the area failed to 

attain the ozone standard by the 

applicable attainment date, and the area 

is reclassified by operation of law to the 

higher of: (1) the next higher 

classification for the area, or (2) the 

classification applicable to the area’s DV 

as of the determination of failure to 

attain. Section 181(b)(2)(B) of the CAA 

requires the EPA to publish the 

determination of failure to attain and 

accompanying reclassification in the 

Federal Register no later than 6 months 

after the attainment date, which in the 

case of the Uinta Basin Marginal 

nonattainment area was February 3, 

2023. 

Once an area is reclassified, each state 

that contains a reclassified area must 

submit certain SIP revisions in 

accordance with the more stringent 

classification. The SIP revisions are 

intended to, among other things, 

demonstrate how the area will attain the 

NAAQS as expeditiously as practicable, 

but no later than August 3, 2024, the 

Moderate area attainment date for the 

2015 ozone NAAQS. Per CAA section 

182(i), a state with a reclassified ozone 

nonattainment area must submit the 

applicable attainment plan requirements 

‘‘according to the schedules prescribed 

in connection with such requirements’’ 

in CAA section 182(b) for Moderate 

areas, but the EPA ‘‘may adjust 

applicable deadlines (other than 

attainment dates) to the extent such 

adjustment is necessary or appropriate 

to assure consistency among the 

required submissions.’’ EPA will 

address the SIP revision and 

implementation deadlines for the Uinta 

Basin in a separate rulemaking. 

The above obligations of the State of 

Utah do not extend to the portions of 

the Uinta Basin nonattainment area 

consisting of Indian country lands 

within the Uintah & Ouray Reservation 

of the Ute Indian Tribe.8 Section 301(d) 

of the CAA authorizes the EPA to treat 

Indian Tribes in the same manner as 

states for purposes of implementing the 

CAA over their reservations or other 

areas within their jurisdiction, and 

directs the EPA to promulgate 

regulations specifying those provisions 

of the CAA for which such treatment is 

appropriate.9 Section 301(d) also 

authorizes the EPA, when the EPA 

determines that the treatment of Indian 

Tribes in the same manner as states is 

inappropriate or administratively 

infeasible, to provide by regulation 

other means by which the EPA will 

directly administer the CAA.10

EPA regulations promulgated under 

this authority provide a process for 

interested Tribes to seek treatment in a 

similar manner as a state (TAS) for all 

CAA purposes except for a specified list 

of exceptions.11 In addition, these 

regulations include a provision 

requiring the EPA to ‘‘promulgate 

without unreasonable delay such 

Federal implementation plan provisions 

as are necessary or appropriate to 

protect air quality,’’ unless a complete 

CAA Tribal Implementation Plan (TIP) 

is submitted or approved.12 The Ute 

Indian Tribe has not sought TAS status 

for the purpose of submitting or 

developing a TIP for the portion of the 

nonattainment area consisting of Indian 

country lands within its reservation. 

Accordingly, the EPA intends to address 

attainment planning obligations for the 

Indian country portions of the Uintah & 

Ouray Reservation within the Uinta 

Basin nonattainment area through one 

or more separate rulemaking actions, in 

accordance with the EPA’s authority 

and responsibility to protect air quality 

in Indian country under section 

301(d)(4) of the CAA and 40 CFR 49.11. 

IV. How does EPA determine whether 

an area has attained the standard? 

The level of the 2015 ozone NAAQS 

is 0.070 ppm.13 Under EPA regulations 

at 40 CFR part 50, appendix U, the 2015 

ozone NAAQS is attained at a site when 

the 3-year average of the annual fourth 

highest daily maximum 8-hour average 

ambient ozone concentration (i.e., the 

DV) does not exceed 0.070 ppm. When 

the DV does not exceed 0.070 ppm at 

each ambient air quality monitoring site 

within the area, the area is deemed to 

be attaining the ozone NAAQS. Each 

area’s DV is determined by the highest 

DV among monitors with valid DVs.14


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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101487 

0.070 ppm are considered to be valid regardless of 

the data completeness. 

15The EPA maintains the AQS, a database that 

contains ambient air pollution data collected by the 

EPA, state, local, and Tribal air pollution control 

agencies. The AQS also contains meteorological 

data, descriptive information about each monitoring 

station (including its geographic location and its 

operator) and data quality assurance/quality control 

information. The AQS data is used to (1) assess air 

quality, (2) assist in attainment/non-attainment 

designations, (3) evaluate SIPs for non-attainment 

areas, (4) perform modeling for permit review 

analysis, and (5) prepare reports for Congress as 

mandated by the CAA. Access is through the 

website at https://www.epa.gov/aqs. 

The data handling convention in 40 CFR 

part 50 appendix U states that 

concentrations are to be reported in 

ppm to the third decimal place, with 

additional digits to the right being 

truncated. Thus, a 3-year average ozone 

concentration of 0.071 ppm is greater 

than 0.070 ppm and would exceed the 

standard, but a 3-year average ozone 

concentration of 0.0709 ppm is 

truncated to 0.070 ppm and attains the 

2015 ozone NAAQS. The EPA’s 

determination of whether the Uinta 

Basin attained the standard is based on 

hourly ozone concentration data for 

calendar years 2019, 2020, and 2021 

that have been collected and qualityassured in accordance with 40 CFR part 

58 and reported to the EPA’s Air Quality 

System (AQS) database.15

V. What action is EPA taking? 

After evaluating the comments 

received, as explained in detail in the 

Response to Comments document in the 

docket for this action, EPA is denying 

the request for a second extension of the 

attainment date for the area. 

Further, the EPA is determining, 

pursuant to CAA section 181(b)(2), that 

the Uinta Basin nonattainment area 

failed to attain the 2015 ozone NAAQS 

by the attainment date of August 3, 

2022. As shown in table 1 at least one 

monitor in this area had a 2019–2021 

DV greater than 0.070 ppm. Table 1 

shows the annual fourth highest daily 

maximum 8-hour average ozone 

concentration and 2019–2021 DV for 

each monitor in the Uinta Basin areas. 

TABLE 1—2019–2021 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE UINTA BASIN AREA

AQS site ID Local site name 

Fourth highest daily maximum 8-hour average 

ozone concentration 

(ppm) 2019–2021 DV 

(ppm) 

2019 2020 2021 

490130002 ...................................... Roosevelt ........................................ 0.087 0.063 0.072 0.074 

490137011 ...................................... Myton .............................................. 0.079 0.064 0.069 0.070 

490471002 ...................................... Dinosaur National Monument ......... 0.070 0.063 0.068 0.067 

490471004 ...................................... Vernal ............................................. 0.065 0.063 0.068 0.065 

490472002 ...................................... Redwash ......................................... 0.074 0.066 0.071 0.070 

490472003 ...................................... Ouray .............................................. 0.098 0.065 0.072 0.078 

490477022 ...................................... Whiterocks ...................................... 0.067 0.065 0.068 0.066 

Because of the area’s failure to attain 

by its attainment date, on the effective 

date of this final action this area will be 

reclassified by operation of law to 

Moderate nonattainment for the 2015 

ozone NAAQS. Once reclassified as 

Moderate, this area will be required to 

attain the standard ‘‘as expeditiously as 

practicable’’ but no later than 6 years 

after the initial designation as 

nonattainment, which in this case 

would be no later than August 3, 2024. 

EPA will address whether the area 

attained the standard by the Moderate 

date, and any related consequences, in 

a future action. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive Order 

14094 (88 FR 21879, April 11, 2023). 

B. Paperwork Reduction Act (PRA) 

This rule does not impose an 

information collection burden under the 

provisions of the PRA of 1995 (44 U.S.C. 

3501 et seq.). This action does not 

contain any information collection 

activities and serves only to make a final 

determination that the Uinta Basin 

nonattainment area failed to attain the 

2015 ozone standards by the August 3, 

2022, attainment date, as a result of 

which the area will be reclassified as 

Moderate nonattainment for the 2015 

ozone standards by operation of law 

upon the effective date of this final 

reclassification action. 

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 (5 U.S.C. 601 et seq.). 

This action will not impose any 

requirements on small entities. The 

determination of failure to attain the 

2015 ozone standards and resulting 

reclassifications, do not in and of 

themselves create any new requirements 

beyond what is mandated by the CAA. 

This final action would require the state 

to adopt and submit SIP revisions to 

satisfy CAA requirements and would 

not itself directly regulate any small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538 and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

Tribal governments or the private sector. 

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. The division of 

responsibility between the Federal 

government and the states for purposes 

of implementing the NAAQS is 

established under the CAA. 


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F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action has Tribal implications. 

However, it will neither impose 

substantial direct compliance costs on 

federally recognized Tribal 

governments, nor preempt Tribal law. 

The EPA has identified Tribal areas 

within the nonattainment area covered 

by this final rule that would be 

potentially affected by this rulemaking. 

Specifically, the Ute Indian Tribe of the 

Uintah & Ouray Reservation in the Uinta 

Basin, Utah ozone nonattainment area. 

The EPA has concluded that the final 

rule may have Tribal implications for 

this Tribe for the purposes of Executive 

Order 13175 but would not impose 

substantial direct costs upon the Tribe, 

nor would it preempt Tribal law. As 

noted previously, a Tribe that is part of 

an area that is reclassified from 

Marginal to Moderate nonattainment is 

not required to submit a TIP revision to 

address new Moderate area 

requirements. However, when the EPA 

finalizes the determinations of failure to 

attain proposed in this action, the NNSR 

major source threshold and offset 

requirements will change for stationary 

sources seeking preconstruction permits 

in any nonattainment areas newly 

reclassified as Moderate. 

The EPA will communicate with the 

potentially affected Tribe located within 

the boundary of the nonattainment area 

addressed in this final rule, including 

offering government-to-government 

consultation, as appropriate. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern environmental health or safety 

risks that EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. EPA defines EJ as 

‘‘the fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies.’’ EPA further defines the term 

fair treatment to mean that ‘‘no group of 

people should bear a disproportionate 

burden of environmental harms and 

risks, including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

In the proposed rule we explained 

that we had considered specific 

information related to EJ, consisting of 

an EJSCREEN analysis for Duchesne and 

Uintah Counties, along with the ozone 

design values for the area. As explained 

in our Response to Comments 

document, we received additional EJrelated information during the public 

comment period and have considered 

that information in taking this final 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. Our 

final action is consistent with the stated 

goal of E.O. 12898 of achieving 

environmental justice for communities 

with EJ concerns. 

K. Congressional Review Act 

This rule is exempt from the 

Congressional Review Act (CRA) 

because it is a rule of particular 

applicability. The rule makes factual 

determinations for an identified entity 

(Uinta Basin, UT area), based on facts 

and circumstances specific to that 

entity. The determinations of attainment 

and failure to attain the 2015 ozone 

NAAQS do not in themselves create any 

new requirements beyond what is 

mandated by the CAA. 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 14, 2025. Filing a 

petition for reconsideration by the 

Administrator of this action does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

this action. This action may not be 

challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 6, 2024. 

KC Becker, 

Regional Administrator, Region 8. 

For the reasons stated in the preamble 

the Environmental Protection Agency 

amends title 40 CFR part 81 as follows: 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 2. In § 81.345, the table titled ‘‘Utah— 

2015 8-Hour Ozone NAAQS [Primary 

and Secondary]’’ is amended by revising 

the entry ‘‘Uinta Basin, UT’’ to read as 

follows: 

§ 81.345 Utah. 

* * * * * 


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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101489 

UTAH—2015 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

*******

Uinta Basin, UT 3 ....................................................................................... ........................ Nonattainment January 15, 2025 ... Moderate. 

Duchesne County (part): All land in Duchesne County below a contiguous external perimeter of 6,250 ft. in elevation. All areas within that contiguous external perimeter are included in the nonattainment area—including mesas and buttes which may have 

an elevation greater than 6,250 ft., but which are surrounded on 

all sides by land lower than 6,250 ft. Additionally, areas that fall 

outside the 6,250 ft. contiguous external perimeter that have elevations less than 6,250 ft. are excluded from the nonattainment 

area. The boundary is defined by the 6,250 ft. contour line created from the 2013 USGS 10-meter seamless Digital Elevation 

Model (USGS NED n41w1101/3 arc-second 2013 1 × 1 degree 

IMG). 

Uintah County (part): All land in Uintah County below a contiguous 

external perimeter of 6,250 ft. in elevation. All areas within that 

contiguous external perimeter are included in the nonattainment 

area—including mesas and buttes which may have an elevation 

greater than 6,250 ft., but which are surrounded on all sides by 

land lower than 6,250 ft. Additionally, areas that fall outside the 

6,250 ft. contiguous external perimeter that have elevations less 

than 6,250 ft. are excluded from the nonattainment area. The 

boundary is defined by the 6,250 ft. contour line created from the 

2013 USGS 10-meter seamless Digital Elevation Model (USGS 

NED n41w1101/3 arc-second 2013 1 x 1 degree IMG). 

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

3The EPA is designating portions of the Uinta Basin as ‘‘nonattainment,’’ including both Tribal and State lands. The Ute Indian Tribe has air 

quality planning jurisdiction in the areas of Indian country included in the Uinta Basin nonattainment area, while the State of Utah has air quality 

planning jurisdiction in the areas of State land included in the Uinta Basin nonattainment area. 

* * * * * 

[FR Doc. 2024–29246 Filed 12–13–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2023–0231; FRL–8524–03– 

OCSPP] 

RIN 2070–AK91 

Reconsideration of the Dust-Lead 

Hazard Standards and Dust-Lead PostAbatement Clearance Levels; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making corrections to 

a final rule that appeared in the Federal 

Register of November 12, 2024, that 

finalized several revisions to EPA’s 

lead-based paint (LBP) regulations. 

Subsequent to publication, the Office of 

the Federal Register (OFR) informed the 

Agency that there were errors in the 

amendatory instructions that describe 

specific revisions for two sections of the 

regulation. The corrections to the 

amendatory instructions will allow for 

the proper revisions to be incorporated 

into the Code of Federal Regulations 

(CFR). 

DATES: This final rule correction is 

effective January 13, 2025. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2023–0231, is 

available online at https://

www.regulations.gov. Additional 

information about dockets generally, 

along with instructions for visiting the 

docket in-person, is available at https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information: Claire 

Brisse, Existing Chemicals Risk 

Management Division (7404M), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (202) 

564–9004; email address: brisse.claire@

epa.gov. 

For general information on lead: The 

National Lead Information Center, 422 

South Clinton Avenue, Rochester, NY 

14620; telephone number: (800) 424– 

LEAD [5323]; online form: https://

www.epa.gov/lead/forms/lead-hotlinenational-lead-information-center. 

For general information on TSCA: The 

TSCA Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

For hearing- or speech-impaired 

assistance: Persons may reach the 

telephone numbers for the contacts 

through TTY by calling the toll-free 

Federal Communications Commission’s 

Telecommunications Relay Service at 

711. 

SUPPLEMENTARY INFORMATION: EPA is 

correcting the final rule that published 

in the Federal Register of November 12, 


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