83 FR 59315 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Logan Nonattainment Area Fine Particulate Matter State Implementation Plan for Attainment of 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 226 (November 23, 2018)
Federal Register Volume 83, Issue 226 (November 23, 2018)
| Page Range | 59315-59317 | |
| FR Document | 2018-25486 |
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)] [Rules and Regulations] [Pages 59315-59317] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25486] [[Page 59315]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2016-0585; FRL-9986-14-Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Logan Nonattainment Area Fine Particulate Matter State Implementation Plan for Attainment of 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing approval of the emissions inventory, modeled attainment demonstration, determination for Major Stationary Source Reasonably Available Control Technology (RACT), determination for On-Road Mobile Sources Reasonably Available Control Measures (RACM), determination for Cache County Inspection and Maintenance (I/M) Program as additional reasonable measures, determination for Off-Road Mobile Sources RACM, and the 2015 Motor Vehicle Emission Budgets (MVEB) portions of the attainment plan submitted by Utah on December 16, 2014, to address Clean Air Act (CAA or the Act) requirements for the 2006 24-hour fine particulate matter (PM2.5 ) national ambient air quality standards (NAAQS) in the Logan, Utah (UT)--Idaho (ID) Moderate PM2.5 nonattainment area. These actions are being taken under section 110 of the CAA. DATES: This final rule is effective on December 24, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2016-0585. 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: Crystal Ostigaard, Air Program, U.S. EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6602, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' means the EPA. I. Background On October 17, 2006 (71 FR 61144), the Environmental Protection Agency (EPA) revised the level of the 24-hour fine particulate matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS), lowering the primary and secondary standards from the 1997 standard of 65 micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\. On November 13, 2009 (74 FR 58688), the EPA designated three nonattainment areas in Utah for the 24-hour PM2.5 NAAQS of 35 [micro]g/ m\3\. These are the Salt Lake City, Utah (UT); Provo, UT; and Logan, UT-Idaho (ID) nonattainment areas. The State of Utah submitted the Logan, UT-ID Moderate PM2.5 state implementation plan (SIP) on December 16, 2014, to address the requirements under part D of title I of the Clean Air Act (CAA) for the Logan UT-ID PM2.5 nonattainment area. On December 4, 2017 (82 FR 57183), the EPA proposed to approve portions of the December 16, 2014 Logan, UT-ID Moderate PM2.5 SIP submittal. Specifically, we proposed to approve:The 2010 base year and 2015 projection year emissions inventories; The modeled attainment demonstration; The RACM/RACT and additional reasonable measure determinations for on-road mobile, including the Cache County I/M Program, off-road mobile, and major stationary sources; and The direct PM 2.5 , nitrogen oxides (NOX ) and volatile organic compound (VOC) MVEBs for 2015 and the MVEB trading mechanism. Our proposal provides details on the EPA's evaluation of these portions of the State's submittal. II. Response to Comments The EPA received seven public comments on the proposed action. After reviewing the comments received, the EPA has determined that the comments, with the exception of a portion of one comment, fall outside the scope of our proposed action or fail to identify any material issue necessitating a response. A portion of one comment (EPA-R08-OAR-2016-0585-0017) generally alleges that the EPA lacks actual measurements of what agriculture emits in the form of PM2.5 , and that agriculture is not a major emitter of PM2.5 . The comment states that the data used to develop ``the inventory'' was based on erroneous emission factors published by ``CPA'' \1\ for cattle feed yards, feed mills, grain elevators, and dust from farmers' field operations; however, according to the comment, there ``has never been any actual PM-2.5 emission data taken on agricultural tillage equipment using EPA approved PM-2.5 samplers.'' The comment also alleges that ``wildfire emissions were not added to the data.'' --------------------------------------------------------------------------- \1\ The comment does not define this acronym, but we assume the comment intended to refer to EPA. --------------------------------------------------------------------------- Assuming that the comment is intended to refer to the emissions inventories that Utah prepared and submitted for the Logan, UT-ID Moderate PM2.5 SIP and that the EPA proposed to approve, we respond as follows. The comment alleges the use of ``erroneous'' emission factors without identifying any specific error in the emission factors. Under the SIP Requirements Rule, Utah was not required to run tests on agricultural tillage equipment to develop emissions inventories; instead the requirements for emissions inventories are set forth in 40 CFR 51.1008. See Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements, 81 FR 58010, 58027-33 (Aug. 24, 2016). The comment does not indicate any way in which the inventories fail to meet those requirements. Finally, for the purposes of PM2.5 nonattainment areas such as the Logan, UT-ID area, wildfire emissions are generally accounted for through the EPA's Exceptional Events Rule,\2\ not through emissions inventories. --------------------------------------------------------------------------- \2\ 40 CFR 50.14. --------------------------------------------------------------------------- III. Final Action For the reasons stated in our proposal, the EPA is finalizing approval of portions of Utah's SIP found at R307-110-10, Section IX Control Measures for Area and Point Sources, Part A, Fine Particulate Matter for the Logan, UT-ID nonattainment area and at SIP Subsection IX.A.23: Control Measures for Area and Point Sources, Fine Particulate Matter for the Logan, UT-ID nonattainment area. Specifically, we are approving the following portions of the Logan, UT-ID Moderate PM2.5 SIP submitted by the State on December 16, 2014:The 2010 base year and 2015 projection year emissions inventories; The modeled attainment demonstration; The RACM/RACT and additional reasonable measure demonstrations for on-road mobile, including the Cache [[Page 59316]] County I/M Program, off-road mobile and major stationary sources; and The direct PM 2.5 , nitrogen oxides (NOX ) and VOC MVEBs for 2015 and the MVEB trading mechanism. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the approval of portions of the Logan, UT-ID PM2.5 Moderate SIP submitted by the State of Utah as discussed in the proposed rule. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 8 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the state implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\3\ --------------------------------------------------------------------------- \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this final action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to 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 the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the 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. The 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 22, 2019. 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, Ammonia, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Dated: November 16, 2018. Douglas Benevento, Regional Administrator, EPA, Region 8. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart TT--Utah 0 2. Section 52.2320 is amended by: 0 a. Revising the entry for ``R307-110-10'' in the table in paragraph (c); and 0 b. Adding the entry, in numerical order, ``Section IX.A.23. Fine Particulate Matter, PM 2.5 SIP for the Logan, UT-ID Nonattainment Area'' in the table in paragraph (e). The revision and addition reads as follows: Sec. 52.2320 Identification of plan. * * * * * (c) * * * [[Page 59317]] ---------------------------------------------------------------------------------------------------------------- State Final rule Rule No. Rule title effective date citation, date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- R307-110. General Requirements: State Implementation Plan ---------------------------------------------------------------------------------------------------------------- * * * * * * * R307-110-10................. Section IX. 12/4/2014 [Insert Federal Control Measures Register for Area and citation], 11/23/ Point Sources, 2018. Part A, Fine Particulate Matter. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- State Rule title effective date Final rule citation, date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- IX. Control Measures for Area and Point Sources ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section IX.A.23. Fine Particulate 12/4/2014 [Insert Federal Register Except for Chapters 1-3, Matter, PM2.5 SIP for the Logan, UT-ID citation], 11/23/2018. Area Sources found in Nonattainment Area. Chapter 6.6, Chapter 8 and Chapter 9. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-25486 Filed 11-21-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations 59315
ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: is not a major emitter of PM2.5. The
AGENCY Crystal Ostigaard, Air Program, U.S. comment states that the data used to
EPA, Region 8, Mailcode 8P–AR, 1595 develop ‘‘the inventory’’ was based on
40 CFR Part 52 Wynkoop Street, Denver, Colorado erroneous emission factors published by
80202–1129, (303) 312–6602, ‘‘CPA’’ 1 for cattle feed yards, feed mills,
[EPA–R08–OAR–2016–0585; FRL–9986–14– ostigaard.crystal@epa.gov. grain elevators, and dust from farmers’
Region 8] SUPPLEMENTARY INFORMATION: field operations; however, according to
Throughout this document ‘‘we,’’ means the comment, there ‘‘has never been any
Approval and Promulgation of Air the EPA. actual PM–2.5 emission data taken on
Quality Implementation Plans; State of agricultural tillage equipment using
Utah; Logan Nonattainment Area Fine I. Background EPA approved PM–2.5 samplers.’’ The
Particulate Matter State On October 17, 2006 (71 FR 61144), comment also alleges that ‘‘wildfire
Implementation Plan for Attainment of the Environmental Protection Agency emissions were not added to the data.’’
2006 24-Hour Fine Particulate Matter (EPA) revised the level of the 24-hour Assuming that the comment is
National Ambient Air Quality fine particulate matter (PM2.5) National intended to refer to the emissions
Standards Ambient Air Quality Standard inventories that Utah prepared and
(NAAQS), lowering the primary and submitted for the Logan, UT-ID
AGENCY: Environmental Protection secondary standards from the 1997 Moderate PM2.5 SIP and that the EPA
Agency (EPA). standard of 65 micrograms per cubic proposed to approve, we respond as
ACTION: Final rule. meter (mg/m3) to 35 mg/m3. On follows. The comment alleges the use of
November 13, 2009 (74 FR 58688), the ‘‘erroneous’’ emission factors without
SUMMARY: The Environmental Protection EPA designated three nonattainment identifying any specific error in the
Agency (EPA) is finalizing approval of areas in Utah for the 24-hour PM2.5 emission factors. Under the SIP
the emissions inventory, modeled NAAQS of 35 mg/m3. These are the Salt Requirements Rule, Utah was not
attainment demonstration, Lake City, Utah (UT); Provo, UT; and required to run tests on agricultural
determination for Major Stationary Logan, UT-Idaho (ID) nonattainment tillage equipment to develop emissions
Source Reasonably Available Control areas. The State of Utah submitted the inventories; instead the requirements for
Technology (RACT), determination for Logan, UT-ID Moderate PM2.5 state emissions inventories are set forth in 40
On-Road Mobile Sources Reasonably implementation plan (SIP) on December CFR 51.1008. See Fine Particulate
Available Control Measures (RACM), 16, 2014, to address the requirements Matter National Ambient Air Quality
determination for Cache County under part D of title I of the Clean Air Standards: State Implementation Plan
Inspection and Maintenance (I/M) Act (CAA) for the Logan UT-ID PM2.5 Requirements, 81 FR 58010, 58027–33
Program as additional reasonable nonattainment area. (Aug. 24, 2016). The comment does not
measures, determination for Off-Road On December 4, 2017 (82 FR 57183), indicate any way in which the
Mobile Sources RACM, and the 2015 the EPA proposed to approve portions inventories fail to meet those
Motor Vehicle Emission Budgets of the December 16, 2014 Logan, UT-ID requirements. Finally, for the purposes
(MVEB) portions of the attainment plan Moderate PM2.5 SIP submittal. of PM2.5 nonattainment areas such as the
submitted by Utah on December 16, Specifically, we proposed to approve: Logan, UT-ID area, wildfire emissions
2014, to address Clean Air Act (CAA or • The 2010 base year and 2015 are generally accounted for through the
the Act) requirements for the 2006 24- projection year emissions inventories; EPA’s Exceptional Events Rule,2 not
hour fine particulate matter (PM2.5) • The modeled attainment through emissions inventories.
national ambient air quality standards demonstration;
(NAAQS) in the Logan, Utah (UT)— • The RACM/RACT and additional III. Final Action
Idaho (ID) Moderate PM2.5 reasonable measure determinations for For the reasons stated in our proposal,
nonattainment area. These actions are on-road mobile, including the Cache the EPA is finalizing approval of
being taken under section 110 of the County I/M Program, off-road mobile, portions of Utah’s SIP found at R307–
CAA. and major stationary sources; and 110–10, Section IX Control Measures for
DATES: This final rule is effective on • The direct PM2.5, nitrogen oxides Area and Point Sources, Part A, Fine
December 24, 2018. (NOX) and volatile organic compound Particulate Matter for the Logan, UT-ID
(VOC) MVEBs for 2015 and the MVEB nonattainment area and at SIP
ADDRESSES: The EPA has established a trading mechanism.
docket for this action under Docket ID Subsection IX.A.23: Control Measures
Our proposal provides details on the for Area and Point Sources, Fine
No. EPA–R08–OAR–2016–0585. All EPA’s evaluation of these portions of the
documents in the docket are listed on Particulate Matter for the Logan, UT-ID
State’s submittal. nonattainment area. Specifically, we are
the http://www.regulations.gov website.
Although listed in the index, some II. Response to Comments approving the following portions of the
information is not publicly available, Logan, UT-ID Moderate PM2.5 SIP
The EPA received seven public
e.g., CBI or other information whose submitted by the State on December 16,
comments on the proposed action. After
disclosure is restricted by statute. 2014:
reviewing the comments received, the • The 2010 base year and 2015
Certain other material, such as EPA has determined that the comments, projection year emissions inventories;
copyrighted material, is not placed on with the exception of a portion of one • The modeled attainment
the internet and will be publicly comment, fall outside the scope of our demonstration;
available only in hard copy form. proposed action or fail to identify any • The RACM/RACT and additional
amozie on DSK3GDR082PROD with RULES
Publicly available docket materials are material issue necessitating a response. reasonable measure demonstrations for
available through http:// A portion of one comment (EPA–R08– on-road mobile, including the Cache
www.regulations.gov, or please contact OAR–2016–0585–0017) generally
the person identified in the FOR FURTHER alleges that the EPA lacks actual 1 The comment does not define this acronym, but
INFORMATION CONTACT section for measurements of what agriculture emits we assume the comment intended to refer to EPA.
additional availability information. in the form of PM2.5, and that agriculture 2 40 CFR 50.14.
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![Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations 59317
State Final rule
Rule No. Rule title effective Comments
citation, date
date
* * * * * * *
R307–110. General Requirements: State Implementation Plan
* * * * * * *
R307–110–10 ............ Section IX. Control Measures for Area and Point 12/4/2014 [Insert Federal Register
Sources, Part A, Fine Particulate Matter. citation], 11/23/2018.
* * * * * * *
* * * * * (e) * * *
State Final rule
Rule title effective citation, Comments
date date
* * * * * * *
IX. Control Measures for Area and Point Sources
* * * * * * *
Section IX.A.23. Fine Particulate Matter, PM2.5 12/4/2014 [Insert Federal Register Except for Chapters 1–3, Area Sources found in
SIP for the Logan, UT–ID Nonattainment Area. citation], 11/23/2018. Chapter 6.6, Chapter 8 and Chapter 9.
* * * * * * *
[FR Doc. 2018–25486 Filed 11–21–18; 8:45 am]
BILLING CODE 6560–50–P
amozie on DSK3GDR082PROD with RULES
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Document Created: 2018-11-27 12:58:47
Document Modified: 2018-11-27 12:58:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on December 24, 2018. | |
| Contact | Crystal Ostigaard, Air Program, U.S. EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6602, [email protected] | |
| FR Citation | 83 FR 59315 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Ammonia; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds |
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