35404 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations 

1Approval 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 17106 (April 1, 2021). 

2 42 U.S.C. 7502(c)(3), 7511a(a)(1). 

3EPA generally acknowledges that in certain 

circumstances, updating an already-approved base 

year inventory may be appropriate. Emissions 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone need not be enforced for the 

full duration stated in this notice she 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

respective safety zone. 

Dated: June 28, 2021. 

Lexia M. Littlejohn, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2021–14295 Filed 7–2–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2020–0646; FRL–10025– 

28–Region 8] 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the State of Utah. The 

revision fulfills the base year inventory 

requirement 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 the base year emissions 

inventories to meet, in part, the 

nonattainment requirements for 

Marginal ozone NAAs under the 2015 8- 

hour ozone NAAQS. EPA is taking this 

action pursuant to sections 110, 172, 

and 182 of the Clean Air Act (CAA). 

DATES: This rule is effective on August 

5, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2020–0646. All 

documents in the docket are listed on 

the http://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 http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

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: lang.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our April 1, 2021 

proposal.1 We proposed to approve the 

2017 base year inventories for the 2015 

8-hour ozone NAAQS for the Uinta 

Basin, Northern Wasatch Front, and 

Southern Wasatch Front Marginal NAAs 

because the State prepared the 

inventories in accordance with the 

requirements in sections 172(c)(3) and 

182(a)(1) 2 of the CAA and its 

implementing regulations, including 

those at 40 CFR 51.1315. EPA is 

finalizing its proposed approval of 

Utah’s 2017 base year inventories for the 

2015 8-hour ozone NAAQS for the Uinta 

Basin, Northern Wasatch Front, and 

Southern Wasatch Front Marginal 

NAAs. With this final rulemaking Utah 

will have met one of three requirements 

stemming from the Marginal 

nonattainment designation of the Uinta 

Basin, Northern Wasatch Front, and 

Southern Wasatch Front areas. 

II. Response to Comments 

EPA held a 30-day comment period 

on the proposed rulemaking beginning 

on April 1, 2021 and closing on May 3, 

2021. We received one supportive 

comment letter from the Utah Petroleum 

Association (UPA), which focused on 

the Uinta Basin NAA. Our response to 

UPA’s comment letter is below. 

Comment summary: UPA states that it 

supports EPA’s approval of the base 

year inventory, specifically supports the 

choice of 2017 as the base year, and 

supports use of an emissions inventory 

from a National Emissions Inventory 

year. UPA also commends the Utah 

Division of Air Quality for its decision 

to include a separate oil and gas source 

category in the base year, which UPA 

says improves transparency of critical 

information needed to understand 

ozone formation in the Uinta Basin. 

UPA also raises two areas of concern: 

(1) The lack of an opportunity to 

comment on the base year inventory for 

tribal lands within the Uinta Basin 

NAA; and (2) the need to be able to 

adjust the base year inventory based on 

evolving research and calculation 

methods. UPA explains that Utah’s base 

year inventory includes only Statecontrolled lands, but tribal lands in the 

Uinta Basin include significant 

emissions sources, and UPA is not 

aware of any opportunity to comment 

on a base year inventory for the tribal 

lands. Further, UPA states that studies 

relevant to the emissions inventory are 

ongoing and recommends that EPA 

allow updates to the base year inventory 

to account for this evolving research. In 

particular, UPA states that such an 

update is important for determining the 

adequacy of future Reasonable Further 

Progress (RFP) emission reductions as 

well as for photochemical modeling. 

Response: We thank UPA for the 

supportive comment letter and we agree 

with UPA that Utah’s SIP revision 

included the appropriate base year and 

was otherwise based on the most 

current and accurate information 

available to the State at the time the 

inventories were developed. With 

respect to UPA’s concern regarding a 

lack of opportunity to comment on an 

inventory for sources on tribal land, we 

note that an inventory of emissions from 

Indian country sources is outside of the 

scope of this rulemaking. As explained 

in EPA’s proposed rule, and repeated 

above, EPA is approving Utah’s SIP 

submission because the base year 

inventories therein accord with the 

requirements in sections 172(c)(3) and 

182(a)(1) of the CAA and its 

implementing regulations, including 

those at 40 CFR 51.1315. 

Similarly, we thank UPA for 

informing us of ongoing studies related 

to emissions in the Uinta Basin NAA. 

The inventories submitted by the State 

of Utah were based on the most current 

and accurate information available to 

the State at the time that the inventories 

were developed. If, at any point in the 

future, Utah believes that a revision to 

the base year inventory is necessary, 

EPA is open to discussing that issue 

with the State.3 At this time, however, 


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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations 35405 

Inventory Guidance for Implementation of Ozone 

and Particulate Matter National Ambient Air 

Quality Standards (NAAQS) and Regional Haze 

Regulations, May 2017, 42 (‘‘In the event that 

updated [Rate of Progress/Reasonable Further 

Progress] plan(s) are needed after initial submittal 

to meet the requirements of the Ozone 

Implementation Rule, the [Rate of Progress/ 

Reasonable Further Progress] baseline NAA 

inventory may also need to be updated.’’). 

4 42 U.S.C. 7511a(a)(3)(A). 

EPA cannot determine whether any 

future updates to the current base year 

inventory would be necessary or 

appropriate, and such a determination is 

outside the scope of this rulemaking. 

We also note that, regardless of any 

possible update to the base year 

inventory, Utah is required to submit 

revised inventories every three years 

under section 182(a)(3)(A) of the CAA 

until the area is redesignated to 

attainment.4

III. Final Action 

EPA is finalizing approval of Utah’s 

2017 base year inventories for the 2015 

8-hour ozone NAAQS for the Uinta 

Basin, Northern Wasatch Front, and 

Southern Wasatch Front Marginal NAAs 

because the State prepared the 

inventories in accordance with the 

requirements in sections 172(c)(3) and 

182(a)(1) of the CAA and its 

implementing regulations, including 

those at 40 CFR 51.1315. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, described in 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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 September 7, 2021. Filing a 

petition for reconsideration by the 

Administrator of this final rule 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 

such rule or 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 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. 

Dated: June 25, 2021. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

For the reasons set forth above, 40 

CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart TT—Utah 

■ 2. In § 52.2320, the table in paragraph 

(e) is amended by adding an 

undesignated center heading and the 

entry ‘‘Ozone (8-hour, 2015) Uinta 

Basin, Northern Wasatch Front and 

Southern Wasatch Front 2017 Base Year 

Inventories’’ at the end of the table to 

read as follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(e) * * * 


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35406 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations 

1EPA Document ID No. EPA–R08–OAR–2021– 

0187–0002, available at www.regulations.gov. 

Rule title 

State 

effective 

date 

Final rule citation, date Comments 

*******

Summary of Criteria Pollutant Attainment Plans 

Ozone (8-hour, 2015) Uinta Basin, Northern Wasatch 

Front and Southern Wasatch Front 2017 Base Year 

Inventories.

7/29/2020 7/6/2021, [insert Federal Register citation].

[FR Doc. 2021–14195 Filed 7–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R08–OAR–2021–0187; FRL–10024– 

23–Region 8] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; North Dakota; Control of 

Emissions From Existing Municipal 

Solid Waste Landfills; Control of 

Emissions From Existing Commercial 

and Industrial Solid Waste Incineration 

Units; Negative Declaration of Existing 

Hospital/Medical/Infectious Waste 

Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a Clean Air 

Act (CAA or the ‘‘Act’’) section 111(d) 

state plan submitted by the North 

Dakota Department of Environmental 

Quality (NDDEQ or the ‘‘Department’’) 

on July 28, 2020 for the control of air 

pollutants from existing municipal solid 

waste (MSW) landfills. The EPA is also 

approving a CAA section 111(d)/129 

state plan submitted by the Department 

on the same date for the control of air 

pollutants from existing commercial and 

industrial solid waste incineration 

(CISWI) units and air curtain incinerator 

(ACI) units. The North Dakota state 

plans establish performance standards 

and operating requirements for existing 

MSW landfills, CISWI units and ACI 

units within the State of North Dakota 

and provide for the implementation and 

enforcement of those standards and 

requirements by the Department. 

Finally, the EPA is also approving 

withdrawal of the North Dakota CAA 

section 111(d)/129 state plan for the 

control of air pollutants from existing 

hospital/medical/infectious waste 

incineration (HMIWI) units. The EPA is 

approving this plan withdrawal 

following North Dakota’s May 8, 2019 

submittal of a negative declaration of 

existing HMIWI units in the State of 

North Dakota, and will be promulgating 

the State’s negative declaration in lieu 

of a CAA section 111(d)/129 state plan 

for HMIWI units. The EPA is taking 

these actions pursuant to requirements 

of the CAA. 

DATES: This rule is effective on August 

5, 2021. The incorporation by reference 

of certain publications listed in the rule 

is approved by the Director of the 

Federal Register as of August 5, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2021–0187. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

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, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Lohrke, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–TRM, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6396, 

email address: lohrke.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our March 26, 

2021 proposed rule (86 FR 16173). In 

that document we proposed to approve 

the North Dakota CAA section 111(d) 

state plan for existing MSW landfills 

and the North Dakota CAA section 

111(d)/129 state plan for existing CISWI 

units as the plans were submitted by the 

NDDEQ on July 28, 2020. That 

document also proposed approval of the 

North Dakota withdrawal of a 

previously approved CAA section 

111(d)/129 state plan for existing 

HMIWI units and publication of the 

State’s negative declaration of existing 

HMIWI units in lieu of a state plan. The 

EPA’s analysis of the two North Dakota 

state plans and the negative declaration 

of designated sources may be found in 

the aforementioned proposed rule and 

the technical support document (TSD) 

associated with the docket for today’s 

action. Comments on the EPA’s 

proposed approvals of the state plans for 

existing CISWI units and MSW landfills 

and approval of the negative declaration 

in lieu of a state plan for existing 

HMIWI units were due on or before 

April 26, 2021. We received no 

comments on our proposed actions. 

Therefore, the EPA will proceed with 

these plan approvals without changes. 

II. Final Action 

The EPA is finalizing approval of the 

North Dakota section 111(d) state plan 

for existing MSW landfills pursuant to 

40 CFR part 60, subparts B and Cf. We 

are also finalizing approval of the North 

Dakota section 111(d)/129 state plan for 

existing CISWI units pursuant to 40 CFR 

part 60, subparts B and DDDD. Finally, 

we are finalizing approval of the State’s 

negative declaration of existing HMIWI 

units in lieu of a state plan for such 

units as designated by 40 CFR part 60, 

subpart Ce. Therefore, the EPA is 

amending 40 CFR part 62, subpart JJ to 

reflect this approval action. This 

approval is based on the rationale 

provided in section II of the proposed 

rule for this action (86 FR 16173) and 

discussed in detail in the TSD 

associated with this rulemaking action.1

The scope of this approval is limited to 

the provisions of 40 CFR parts 60 and 

62. The EPA’s proposed approval of the 

two North Dakota plans is limited to 

those MSW landfills that meet the 

criteria established in 40 CFR part 60, 

subparts Cf and those CISWI units and 

ACI units that meet the criteria 


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