Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 97545 

■ a. Remove and reserve paragraphs 

(c)(1)(i) and (c)(1)(ii); and 

■ b. Revise paragraph (c)(1)(v). 

The revisions read as follows: 

§ 52.119 Identification of plan—conditional 

approvals. 

* * * * * 

(c) * * * 

(1) * * * 

(v) The RACT demonstration titled 

‘‘Analysis of Reasonably Available 

Control Technology for the 2008 8-Hour 

Ozone National Ambient Air Quality 

Standard (NAAQS) State 

Implementation Plan (RACT SIP),’’ only 

those portions of the document 

beginning with ‘‘Gasoline Tank Trucks 

And Vapor Collection System Leaks’’ on 

page 34 through the first full paragraph 

on page 35, and Appendix C: CTG 

RACT Spreadsheet, the rows beginning 

with ‘‘Gasoline Tank Trucks and Vapor 

Collection System Leaks’’ on page 65, 

through ‘‘Service Stations—Stage I’’ on 

pages 67–69. This demonstration 

represents the RACT requirement for the 

following source categories: Control of 

Volatile Organic Compound Leaks from 

Gasoline Tank Trucks and Vapor 

Collection Systems (EPA–450/2–78– 

051); and Design Criteria for Stage I 

Vapor Control Systems—Gasoline 

Service Stations (EPA–450/R–75–102). 

* * * * * 

■ 3. In § 52.120, paragraph (c), Table 4, 

revise the entries for ‘‘Rule 350’’ and 

‘‘Rule 351’’ to read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 4 TO PARAGRAPH (c)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

County citation Title/subject State 

effective date EPA approval date Additional explanation 

*******

Post-July 1998 Rule Codification 

*******

Regulation III—Control of Air Contaminants 

*******

Rule 350 ................ Storage and Transfer of Organic Liquids (Non-Gasoline) 

at an Organic Liquid Distribution (OLD) Facility.

November 18, 2020 December 9, 2024, [INSERT 

FIRST PAGE OF FEDERAL 

REGISTER CITATION].

Submitted electronically on December 3, 2020, as an attachment to a letter dated 

November 24, 2020. 

Rule 351 ................ Storage and Loading of Gasoline at Bulk Gasoline Plants 

and at Bulk Gasoline Terminals.

November 18, 2020 December 9, 2024, [INSERT 

FIRST PAGE OF FEDERAL 

REGISTER CITATION].

Submitted electronically on December 3, 2020, as an attachment to a letter dated 

November 24, 2020. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–28537 Filed 12–6–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R08–OAR–2024–0552; FRL–12458– 

01–R8] 

Finding of Failure To Attain and 

Reclassification of an Area in Utah as 

Serious for the 2015 Ozone National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

Northern Wasatch Front, UT area failed 

to attain the 2015 ozone National 

Ambient Air Quality Standards 

(NAAQS) by the applicable attainment 

date. The effect of failing to attain by the 

applicable attainment date is that the 

area will be reclassified by operation of 

law to ‘‘Serious’’ nonattainment for the 

2015 ozone NAAQS on, the effective 

date of this final rule. This action fulfills 

the EPA’s obligation under the Clean 

Air Act (CAA) to determine whether 

ozone nonattainment areas attained the 

NAAQS by the Moderate 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 January 8, 

2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2024–0552. 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. 


ddrumheller on DSK120RN23PROD with RULES1
97546 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 

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. 

2The nonattainment area named in this action 

that failed to attain by the attainment date is being 

classified to the next higher classification, Serious. 

It does not have a DV that would otherwise place 

it in a higher classification. 

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 an 

EPA regulatory monitoring site when 

the DV does not exceed 0.070 parts per 

million (ppm). For Moderate 

nonattainment areas for the 2015 ozone 

NAAQS, such as the area addressed in 

this action, the attainment date was 

August 3, 2024. Because the DV is based 

on the three most recent, complete 

calendar years of data, attainment must 

occur no later than December 31 of the 

year before the attainment date (i.e., 

December 31, 2023, in the case of 

Moderate nonattainment areas for the 

2015 ozone NAAQS). Accordingly, the 

EPA’s determinations for each Moderate 

area are based upon the complete, 

quality-assured, and certified ozone 

monitoring data from calendar years 

2021, 2022, and 2023. 

This action addresses the Northern 

Wasatch Front area in Utah, which was 

classified as Moderate for the 2015 

ozone NAAQS as of the Moderate area 

attainment date of August 3, 2024. The 

EPA is finding that the Northern 

Wasatch Front Moderate area did not 

attain by the attainment date, because 

the area’s 2021–2023 DV was 0.077 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 

Serious on the effective date of this final 

rule. The reclassified area will then be 

subject to the Serious area requirement 

to attain the 2015 ozone NAAQS as 

expeditiously as practicable, but not 

later than August 3, 2027. 

As a result of the area’s 

reclassification as Serious, Utah must 

submit to the EPA the state 

implementation plan (SIP) revisions for 

this area that satisfy the statutory and 

regulatory requirements applicable to 

Serious areas established in CAA 

section 182(c) and in the 2015 Ozone 

NAAQS SIP Requirements Rule (see 83 

FR 62998, December 6, 2018). The EPA 

is establishing deadlines for submitting 

SIP revisions for these reclassified areas 

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 require that the 3-year average 

of the annual fourth highest daily 

maximum 8-hour average ozone 

concentration may not exceed 0.070 

ppm. 

Effective on 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 Northern Wasatch 

Front area addressed in this action, did 

not attain the standards by the Marginal 

attainment date, and these areas were 

reclassified as Moderate by operation of 

law. 

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.). 

Relevant portions of the CAA include 

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 

emissions 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. Under CAA section 181(a)(5) 

and 40 CFR 51.1307, on application by 

any state, the EPA may grant a 1-year 

extension to the attainment date when 

certain criteria are met. One criterion for 

a first attainment date extension is that 

an area’s fourth highest daily maximum 

8-hour value for the attainment year 

must not exceed the level of the 

standard. 

If an 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 an ozone 

nonattainment area failed to attain the 

ozone standard by the applicable 

attainment date, and requires the area to 

be 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.2 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 Moderate nonattainment area 

considered in this determination is 

February 3, 2025. 

Once an area is reclassified, each state 

that contains a reclassified area is 


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Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 97547 

3See 40 CFR 50.19. 

4According 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 

0.070 ppm are considered to be valid regardless of 

the data completeness. 5The 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. 

6Annual monitoring network plans for each state 

are available at https://www.epa.gov/amtic/statemonitoring-agency-annual-air-monitoring-plansand-network-assessments. 

required to 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, 2027, the 

Serious 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(c) for Serious 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 is addressing the SIP 

revision and implementation deadlines 

for newly reclassified Serious areas, as 

well as the continued applicability of 

Moderate area requirements that this 

area may not yet have met, in a separate 

rulemaking. 

IV. How does EPA determine whether 

an area has attained the standard? 

The level of the 2015 ozone NAAQS 

is 0.070 ppm.3 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.4

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 Northern Wasatch Front attained the 

standard is based on hourly ozone 

concentration data for calendar years 

2021, 2022 and 2023 that have been 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

reported to the EPA’s Air Quality 

System (AQS) database.5

State and local monitoring network 

plans are subject to approval by the EPA 

on an annual basis, and any interim 

modifications to those plans must also 

be approved by the EPA.6 The annual 

monitoring network plan process is 

provided in 40 CFR 58.10 and the 

requirements governing system 

modifications and monitor 

discontinuations are laid out in 40 CFR 

58.14. Where state or local agencies seek 

to modify the ambient air quality 

monitoring networks by discontinuing a 

monitor station, the EPA may approve 

such modifications subject to the 

criteria established in 40 CFR 58.14(c). 

The EPA may not approve such 

discontinuation if doing so would 

compromise data collection needed for 

implementation of a NAAQS. If a 

monitor has been discontinued subject 

to 40 CFR 58.14 such that the 

discontinuation results in insufficient 

data to calculate a valid DV according 

to appendix U to 40 CFR part 50, EPA 

will determine the applicable area’s 

attainment status based on the 

remaining monitors in the area. 

V. What is EPA’s determination for the 

area? 

The EPA is determining that the 

Northern Wasatch Front Moderate 

nonattainment area failed to attain the 

2015 ozone NAAQS by the attainment 

date of August 3, 2024. As shown in 

table 1, at least one monitor in this area 

had a 2021–2023 DV greater than 0.070 

ppm; in fact, all of the area’s monitors 

had a 2021–2023 DV greater than 0.070 

ppm. The EPA has further determined 

that this area did not meet the 

requirements under section 181(a)(5)(B) 

and 40 CFR 51.1307 necessary to grant 

a 1-year extension of the attainment 

date, because at least one monitor had 

a 2023 fourth highest daily maximum 8- 

hour average that was greater than 0.070 

ppm. Table 1 shows the annual fourth 

highest daily maximum 8-hour average 

ozone concentration and 2021–2023 DV 

for each monitor in the Northern 

Wasatch Front area. 

TABLE 1—2021–2023 FOURTH HIGHEST DAILY MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN

VALUES AT ALL MONITORS IN THE NORTHERN WASATCH FRONT AREA

AQS site ID County 

Fourth highest daily maximum 8-hour 

average ozone concentration 

(ppm) 2021–2023 DV 

(ppm) 

2021 2022 2023 

490110004 ........................................ Bountiful Viewmont .......................... 0.082 0.075 0.073 0.076 

490352005 ........................................ Copper View ..................................... 0.086 0.074 0.073 0.077 

490353006 ........................................ Hawthorne ........................................ 0.081 0.072 0.072 0.075 

490353010 ........................................ Rose Park ........................................ 0.079 0.075 0.070 0.074 

490353013 ........................................ Herriman #3 ..................................... 0.087 0.071 0.068 0.075 

490353014 ........................................ Lake Park ......................................... 0.082 0.072 0.072 0.075 


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97548 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 

VI. What action is EPA taking? 

Pursuant to CAA section 181(b)(2), 

the EPA is determining that the 

Northern Wasatch Front area failed to 

attain the 2015 ozone NAAQS by the 

applicable attainment date of August 3, 

2024. Therefore, upon the effective date 

of this final action, this area will be 

reclassified by operation of law to 

Serious nonattainment for the 2015 

ozone NAAQS. Once reclassified as 

Serious, this area will be required to 

attain the standard ‘‘as expeditiously as 

practicable’’ but no later than 9 years 

after the initial designation as 

nonattainment, which in this case 

would be no later than August 3, 2027. 

The Administrative Procedure Act 

(APA) provides that when an agency for 

good cause finds that notice and public 

procedures are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. 5 

U.S.C. 553(b)(B). The EPA has 

determined that there is good cause for 

making this final agency action without 

prior proposal and opportunity for 

comment, because our action to 

determine whether this area has 

attained the NAAQS by the attainment 

date is governed, per CAA section 

181(b)(2)(A), solely by area design 

values as of that date. The area DVs 

relied upon in this document are 

calculations based on the certified air 

quality monitoring data governed by 

EPA’s regulations at 40 CFR part 58 and 

involve no exercise of judgment or 

discretion. Thus, notice and public 

procedures are unnecessary to take this 

action. The EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

VII. 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 Northern 

Wasatch Front nonattainment area 

failed to attain the 2015 ozone standards 

by the August 3, 2024, attainment date, 

as a result of which the area will be 

reclassified as Serious 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. 

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 one Tribal 

area within the nonattainment area 

covered by this final rule, that would 

potentially be affected by this 

rulemaking. Specifically, the Skull 

Valley Band of Goshute Indians is 

within the Northern Wasatch Front, 

Utah nonattainment area. 

The EPA has concluded that the 

proposed 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 Moderate to 

Serious nonattainment is not required to 

submit a Tribal Implementation Plan 

(TIP) revision to address new Serious 

area requirements. However, when the 

EPA finalizes the determinations of 

failure to attain in this action, the 

nonattainment new source review 

(NNSR) major source threshold and 

offset requirements would change for 

stationary sources seeking 

preconstruction permits in any 

nonattainment areas newly reclassified 

as Serious. 

The EPA will communicate with the 

potentially affected Tribe located within 

the boundary of the Northern Wasatch 

Front nonattainment area addressed in 

this action, 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 


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Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 97549 

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. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements E.O. 12898 

and defines EJ as, among other things, 

the just treatment and meaningful 

involvement of all people, regardless of 

income, race, color, national origin, 

Tribal affiliation, or disability in agency 

decision-making and other Federal 

activities that affect human health and 

the environment. 

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. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898/14096 

of achieving environmental justice for 

communities with EJ concerns. 

K. Congressional Review Act 

This rule is exempt from the CRA 

because it is a rule of particular 

applicability. The rule makes factual 

determinations for an identified entity 

(Northern Wasatch Front, 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 7, 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 4, 2024. 

KC Becker, 

Regional Administrator, Region 8. 

For the reasons stated in the 

preamble, title 40 CFR part 81 is 

amended 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 entitled 

‘‘Utah—2015 8-Hour Ozone NAAQS 

[Primary and Secondary]’’ is amended 

by revising the entry for ‘‘Northern 

Wasatch Front, UT’’ to read as follows: 

§ 81.345 Utah. 

* * * * * 

UTAH—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Northern Wasatch Front, UT ................................................................................ .................... Nonattainment ..... 11/8/2025 Serious. 

Weber County (part): 

All portions of Weber County west of and including Townships 5, 6, 

and that portion of 7 North Range 1 West that are west of the 

ridgeline that traces the Wasatch Mountains from the southeast 

corner of the township to the easternmost extension of the county 

boundary within the township. 

Tooele County (part): 

In Tooele County, the following Townships or portions thereof as 

noted (including Tooele City): 

Township 1 South Range 3 West. 

Township 2 South Range 3 West. 

Township 3 South Range 3 West. 

Township 3 South Range 4 West. 

Township 2 South Range 4 West. 

Township 2 South Range 5 West. 

Township 3 South Range 5 West. 

Township 3 South Range 6 West. 

Township 2 South Range 6 West. 

Township 1 South Range 6 West. 

Township 1 South Range 5 West. 

Township 1 South Range 4 West. 

Township 1 South Range 7 West. 

Township 2 South Range 7 West. 

Township 3 South Range 7 West. 

All sections within Township 4 South Range 7 West except for 

sections 29, 30, 31 and 32. 

Township 4 South Range 6 West. 

Township 4 South Range 5 West. 

Township 4 South Range 4 West. 

Township 4 South Range 3 West. 

Salt Lake County. 


ddrumheller on DSK120RN23PROD with RULES1
97550 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 

UTAH—2015 8-HOUR OZONE NAAQS—Continued 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Davis County. 

* * * * * * * 

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. 

* * * * * 

[FR Doc. 2024–28851 Filed 12–6–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R07–UST–2024–0452; FRL–12274– 

03–R7] 

Nebraska: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

of Nebraska’s Underground Storage 

Tank (UST) program submitted by the 

Nebraska State Marshal (NSFM). This 

action also codifies EPA’s approval of 

Nebraska’s State program and 

incorporates by reference those 

provisions of the State regulations that 

we have determined meet the 

requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 

under the RCRA and other applicable 

statutory and regulatory provisions. 

DATES: This rule is effective February 7, 

2025, unless EPA receives adverse 

comment by January 8, 2025. If EPA 

receives adverse comments, it will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register, as of February 7, 2025, in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: blankenship.marie@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–UST–2024– 

0452. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at https://

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 https://

www.regulations.gov, or email. The 

Federal https://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means the 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 the EPA 

without going through https://

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 

recommends that you include your 

name and other contact information in 

the body of your comment and also 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. EPA encourages electronic 

submittals, but if you are unable to 

submit electronically, please reach out 

to the EPA contact person listed in the 

document for assistance. 

Docket: All documents in the docket 

are listed in the https://

www.regulations.gov index. Although 

listed in the index, some information 

might not be publicly available, e.g., CBI 

or other information whose disclosure is 

restricted by statute. Publicly available 

docket materials are available 

electronically through https://

www.regulations.gov. 

IBR and supporting material: You can 

view and copy the documents that form 

the basis for this codification and 

associated publicly available materials 

either through https://

www.regulations.gov or by contacting 

Marie Blankenship at (913) 551–7908 or 

blankenship.marie@epa.gov. Please call 

or email the contact listed above if you 

need access to material indexed but not 

provided in the docket. 

FOR FURTHER INFORMATION CONTACT: 

Marie Blankenship, Tanks, Toxics, and 

Pesticides Branch, Land, Chemical, and 

Redevelopment Division, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219; telephone 

number: (913) 551–7908; email address: 

blankenship.marie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to Nebraska’s 

Underground Storage Tank Program 

A. Why are revisions to State programs 

necessary? 

States that have received final 

approval from the EPA under section 

9004(b) of RCRA, 42 U.S.C. 6991c(b), 

must maintain an underground storage 

tank program that is no less stringent 

than the Federal UST program. Either 

EPA or the approved State initiate 

program revision. When EPA makes 

revisions to the regulations that govern 

the UST program, States must revise 

their programs to comply with the 

updated regulations and submit these 

revisions to the EPA for approval. 

Program revision may be necessary 

when the controlling Federal or State 

statutory or regulatory authority is 

modified or when responsibility for the 

State program is shifted to a new agency 

or agencies. 


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