SUPPLEMENTARY INFORMATION:

Throughout this document, the use of “we,” “us,” or “our” is intended to refer to the EPA. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here:

APA Administrative Procedure Act

CAA Clean Air Act

CBI Confidential Business Information

CFR Code of Federal Regulations

CO Carbon Monoxide

EPA U.S. Environmental Protection Agency

FR Federal Register

IBR Incorporation by Reference

PM Particulate Matter

PM_2.5  Fine Particulate Matter

PM10 Coarse Particulate Matter

NAAQS National Ambient Air Quality Standards

NARA National Archives and Records Administration

NNSR Nonattainment New Source Review

SIP State Implementation Plan

SO₂  Sulfur Dioxide

Table of Contents

I. Background

II. Final Action

III. Good Cause Exemption

IV. Incorporation by Reference

V. Statutory and Executive Order Reviews

I. Background

Each State has a SIP containing the control measures and strategies used to attain and maintain the National Ambient Air Quality Standards (NAAQS) and achieve certain other Clean Air Act (CAA) requirements ( e.g., visibility requirements, prevention of significant deterioration). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms.

Each State must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to the EPA. Once these control measures and strategies are approved by the EPA, and after notice and comment, they are incorporated into the federally approved SIP and identified in part 52 “Approval and Promulgation of Implementation Plans,” Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the State regulations approved by the EPA is not reproduced in its entirety in 40 CFR part 52 but is “incorporated by reference.” This means that the EPA has approved a given State's regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in the SIP. The information provided allows the EPA and the public to monitor the extent to which a State implements a SIP to attain and maintain the NAAQS and to take enforcement action for violations of the SIP.

The SIP is a living document which the State can revise as necessary to address the unique air pollution problems in the State. Therefore, the EPA from time to time must take action on proposed revisions containing new and/or revised State regulations. A submission from a State can revise one or more rules in their entirety or portions of rules, even change a single word. The EPA establishes a docket for its actions using a unique Docket Identification Number, which is listed in each action. These dockets and the complete submission are available for viewing on www.regulations.gov.

On May 22, 1997 (62 Federal Register (FR) 27968), the EPA revised the procedures for IBR, into the CFR, materials approved by the EPA into each State SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing the EPA approval of revisions to a SIP, and streamlined the mechanisms for EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for the EPA to maintain “SIP Compilations” that contain the federally approved regulations and source specific permits submitted by each State agency.

Under the 1997 revised procedures, the EPA must periodically publish an informational document in the rules section of the Federal Register notifying the public that updates have been made to a SIP Compilation for a particular State. EPA Region 8 will continue to update and maintain the compilation for Utah.^[1] In addition, the EPA maintains hard copies of the compilation which are updated periodically.

Each compilation contains three parts: Part one (paragraph (c)) contains the State regulations that have been approved; Part two (paragraph (d)) contains source specific requirements that have been approved as part of the SIP (if any); and Part three (paragraph (e)) contains non-regulatory provisions that have been approved, which includes Regional Haze reports, nonattainment new source review certification, and emission inventory reports. Each volume of the compilation contains a table of contents identifying information for each regulation, each source-specific requirement, and each nonregulatory provision. The State effective dates in the tables of contents indicate the date of the most recent revision to a particular approved regulation. The tables of contents identifying information in each volume of the compilation corresponds to the tables published in 40 CFR part 52 for the State. The EPA Regional Offices have the primary responsibility for ensuring accuracy and updating the compilations.

II. Final Action

In this action, the EPA is providing notification of an update to the materials incorporated by reference into the Utah SIP as of January 5, 2026, and identified in 40 CFR 52.2320(c) and (d). Additionally, the EPA is updating information found at 40 CFR 52.2320(e) that does not include materials IBR'd. This action represents the EPA's publication of the Utah SIP Compilation update, appearing in 40 CFR part 52: specifically, the materials in paragraph (b), (c), (d), and (e) at 40 CFR 52.2320. This update includes SIP materials ( printed page 73147) submitted by Utah and approved by the EPA since the last IBR update.^[2] In addition, the EPA is providing notification of the following corrections and clarifying changes to 40 CFR 52.2320(c), (d), and (e):

Changes Applicable to Table 1 to Paragraph (c); EPA-Approved Utah Regulations.

A. Correcting typographical errors, misspellings, and other general incorrectness/incompleteness.

B. Under the “Rule No.” columns the last digit(s) of the rule numbers were changed to reflect 2-digits to better provide uniformity (ex. R307-101-01 instead of R307-101-1).

C. Under “State Effective Date” and “Final Rule, Citation Date” columns: the two-digit year is changed to reflect a four-digit year (for consistency), any leading zeroes have been removed for the month and day, and Federal Register citations are corrected to reflect the first page of the preamble.

D. Under the “Rule No.”, specifically “R307-101-02”, “R307-101-03”, “R307-104-01”, “R307-104-02”, “R307-104-03”, “R307-110-12”, “R307-110-13”, “R307-110-19”, “R307-110-21”, “R307-110-28”, “R307-110-31”, “R307-110-32”, “R307-110-35”, “R307-110-36”, “R307-150-01” through “R307-150-07”, “R307-150-09”, “R307-165-01” through “R307-165-06”, “R307-202”, “R307-208”, “R307-230”, “R307-302-01” through “R307-302-06”, “R307-306-01” through “R307-306-07”, “R307-309”, “R307-312”, “R307-328”, “R307-335”, “307-343”, “R307-344”, “R307-345”, “R307-346”, “R307-347”, “R307-348”, “R307-349”, “R307-350”, “R307-351”, “R307-352”, “R307-353”, “R307-354”, “R307-355”, “R307-401-02”, “R307-401-04” through “R307-401-06”, “R307-401-09” through “R307-401-12”, “R307-401-14” through “R307-401-16”, “R307-403-01” through “R307-403-07”, “R307-403-09” through “R307-403-11”, “R307-405-02”, “R307-405-03”, “R307-410-02” through “R307-410-04”, “R307-410-06”, and “R307-420-01” through “R307-410-05”, the “Final Rule, Citation Date” column was corrected to the correct citation and/or date.

E. Under the “Rule No.”, specifically “R307-104-01” through “R307-104-03”, “R307-110-13”, “R307-110-19”, “R307-110-21”, “R307-110-22”, “R307-165-01” through “R307-165-06”, “R307-204-01” through “R307-204-07”, “R307-342”, “R307-356”, “R307-357”, “R307-357-04”, “R307-361”, “R307-401-07”, “R307-403-01”, “R307-405-01”, “R307-405-04” through “R307-405-22”, “R307-414”, and “R307-420-01” through “R307-420-05”, the “State Effective” date column was corrected to the correct date.

F. Under the “Rule No.”, specifically “R307-110-16” was repealed within the May 20, 2002 (67 FR 35442) action; therefore, it has been removed from Table 1 to Paragraph (c).

G. Under the “Rule No.”, specifically “R307-150-08” was replaced with “R307-150-07” with the April 3, 2020 (87 FR 24275) action and the duplicate “R307-150-08” was unfortunately retained; therefore “R307-150-08” was removed from Table 1 to Paragraph (c).

H. Under the “Rule No.”, specifically “R307-301”, except for “R307-301-03”, was fully acted on within the February 14, 2006 (71 FR 7679) action and the individual rows of “R307-301-01”, “R307-301-02”, “R307-301-04”, “R307-301-05”, “R307-301-06”, “R307-301-07”, “R307-301-08”, “R307-301-09”, “R307-301-10”, “R307-301-11”, “R307-301-12”, “R307-301-13”, and “R307-301-14”, were inadvertently not included in the table; therefore, these 13 individual rows have been returned to Table (1) to Paragraph (c).

I. Under the “Rule No.”, specifically “R307-310”, was partially acted on within the

May 13, 2002 (67 FR 44065) action and the individual row of “R307-301-04”, was inadvertently not included in the table; therefore, this one individual row has been returned to Table (1) to Paragraph (c).

J. Under the “Rule No.”, specifically “R307-340”, was repealed within the February 25, 2016 (81 FR 9343) action; therefore, it has been removed from Table 1 to Paragraph (c).

K. Under the “Rule No.”, specifically “R307-351” was fully acted on within the July 1, 2024 (89 FR 54358) action and the individual rows of “R307-351-2” and “R307-351-4” were inadvertently not removed; therefore, these two individual rows have been removed from Table 1 to Paragraph (c).

L. Under the “Rule No.”, specifically “R307-355” was fully acted on within the July 1, 2024 (89 FR 54358) action and the individual row of “R307-355-5” was inadvertently not removed; therefore, this one individual row has been removed from Table 1 to Paragraph (c).

M. Under the “Rule No.”, specifically “R307-413-7” was renumbered to “R307-401-14” and renamed to “Used Oil Fuel Burned for Energy Recovery” with the EPA's approval within the May 13, 2014 (79 FR 27190) action and the individual row of “R307-413-7” was inadvertently removed; therefore, this one individual row has been removed from Table 1 to Paragraph (c).

N. A new entry was included within Table 1 to Paragraph (c), “Utah SIP Sections” which will include certain SIP revisions that were inadvertently approved into Table 3 to Paragraph (e) but should have been approved within Table 1 to Paragraph (c).

O. Under the “Utah SIP Sections”, “Rule Title”, specifically “Section IX.A.23. Fine Particulate Matter, PM_2.5 SIP for the Logan, UT-ID Nonattainment Area”, “Section IX.C.6. Carbon Monoxide, Provo”, “Section IX.H.1. General Requirements: Control Measures for Area and Point Sources, Emission Limits and Operating Practices, PM₁₀ Requirements”, “Section IX.H.2. Source Specific Emission Limitations in Salt Lake County PM₁₀ Nonattainment/Maintenance Area”, “Section IX.H.3. Source Specific Emission Limitations in Utah County PM₁₀ Nonattainment/Maintenance Area”, “Section IX.H.4. Interim Emission Limits and Operating Practices”, “Section IX.H.21. General Requirements: Control Measures for Area and Point Sources, Emission Limits and Operating Practices, Regional Haze Requirements”, “Section IX.H.22. Source Specific Emission Limitations: Regional Haze Requirements, Best Available Retrofit Technology”, “Section X.A. General Requirements and Applicability”, “Section X.B. Davis County”, “Section X.E. Weber County”, “Section X.F. Cache County”, “Section XX.A. Executive Summary”, “Section XX.B. Background on the Regional Haze Rule”, “Section XX.C. Long-Term Strategy for the Clean-Air Corridor”, “Section XX.D. Long-Term Strategy for Stationary Sources”, “Section XX.E. Sulfur Dioxide Milestones and Backstop Trading Program”, “Section XX.F. Long-Term Strategy for Mobile Sources”, “Section XVII.G. Regional Haze”, “Section XX.H. Assessment of Emissions from Paved and Unpaved Road Dust”, “Section XX.I. Pollution Prevention and Renewable Energy Programs”, “Section XX.J. Other GCVTC Recommendations”, “Section XX.K. Projection of Visibility Improvement Anticipated from Long-Term Strategy”, “Section XX.L. Periodic Implementation Plan Revisions”, “Section XX.M. State Planning/Interstate Coordination and Tribal Implementation”, and “Section XX.N. Enforceable Commitments for the Utah Regional Haze SIP”, the “Final rule citation, date” column was corrected to the correct citation and/or date. ( printed page 73148)

P. Under the “Maintenance Plans”, specifically “Salt Lake County Particulate Matter (PM₁₀) Attainment Plan Summary”, “Utah County Particulate Matter (PM₁₀) Attainment Plan Summary”, “Ogden City Particulate Matter (PM₁₀) Attainment Plan Summary”, and “Logan, UT-ID Fine Particulate Matter (PM_2.5) Attainment Plan Summary”, the “Final rule citation, date” column was corrected to the correct citation and/or date.

Q. Under the “Utah SIP Sections”, “Rule Title”, specifically “Section XX.G. Long-Term Strategy for Fire Programs” the “State Effective” date column was corrected to the correct date.

R. Under the “Utah SIP Sections”, “Rule Title”, specifically “Section IX.G. Fluoride” was repealed within the May 20, 2002 (67 FR 35442) action; therefore, it has been removed from Table 1 to Paragraph (c).

S. Under the “Maintenance Plans” section, specifically “Salt Lake and Davis County Ozone Maintenance Plan Summary” was renamed to “Salt Lake and Davis County 1979 1-Hour Ozone Maintenance Plan”, in Table 1 to Paragraph (c) and had the “State effective date”, “Final rule citation, date”, and “Comments” added back into in Table 1 to Paragraph (c) since they were inadvertently removed in Table 3 to Paragraph (e) to provide better clarification.

T. Under the “Maintenance Plans” section, specifically “Salt Lake County Particulate Matter (PM₁₀) Attainment Plan Summary” was renamed to “Salt Lake County 1987 Coarse Particulate Matter (PM₁₀) Maintenance Plan”, in Table 1 to Paragraph (c) to provide better clarification.

U. Under the “Maintenance Plans” section, specifically “Utah County Particulate Matter (PM₁₀) Attainment Plan Summary” was renamed to “Utah County 1987 Coarse Particulate Matter (PM₁₀) Maintenance Plan”, in Table 1 to Paragraph (c) to provide better clarification.

V. Under the “Maintenance Plans” section, specifically “Ogden City Particulate Matter (PM₁₀) Attainment Plan Summary” was renamed to “Ogden City 1987 Coarse Particulate Matter (PM₁₀) Maintenance Plan”, in Table 1 to Paragraph (c) to provide better clarification.

W. Under the “Maintenance Plans” section, specifically “Logan, UT-ID Fine Particulate Matter (PM_2.5) Attainment Plan Summary” was renamed to “Logan, UT-ID 1987 Coarse Particulate Matter (PM₁₀) Maintenance Plan”, in Table 1 to Paragraph (c) to provide better clarification.

X. Under the “Maintenance Plans” section, specifically “Salt Lake and Davis County 1997 8-Hour Ozone Maintenance Plan”, was added back into Table 1 to Paragraph (c) since it was inadvertently removed from Table 3 to Paragraph (e).

Y. Under the “Maintenance Plans” section, specifically “Salt Lake and Tooele Counties Sulfur Dioxide (SO₂) Plan Summary”, was removed from Table 1 to Paragraph (c) since it was inadvertently included in Table 3 to Paragraph (e).

Z. Under the “Maintenance Plans” section, specifically “Salt Lake City Carbon Monoxide (CO) Maintenance Plan” and “Ogden Carbon Monoxide (CO) Maintenance Plan”, in Table 1 to Paragraph (c) had the “State effective date”, “Final rule citation, date”, and “Comments” added back into in Table 1 to Paragraph (c) since they were inadvertently removed in Table 3 to Paragraph (e).

Changes Applicable to Table 2 to Paragraph (d); EPA-approved nonregulatory provisions.

A. Table 2 to Paragraph (d) was updated to have each document in chronological order for “Hill Air Force Base Ozone NAAQS Approval Orders” and “Salt Lake County Ozone NAAQS Approval Orders” that are titled under “Rule Title”.

B. Table 2 to Paragraph (d) was updated to correct provision titles that were incorrectly titled.

Changes Applicable to Table 3 to Paragraph (e), EPA-approved nonregulatory provisions.

A. Table 3 to Paragraph (e) was updated to remove certain SIP revisions that were inadvertently approved into Table 3 to Paragraph (e) and should have been approved into Table 1 to Paragraph (c).

B. Table 3 to Paragraph (e) was updated to include a new title row, “Ozone”.

C. Under the “Rule Title”, specifically “Ozone (8-hour, 2015) Uinta Basin, Northern Wasatch Front and Southern Wasatch Front 2017 Base Year Inventories” and “Ozone (8-hour, 2015) NNSR Certification”, the “Final Rule, Citation Date” date column was corrected to the correct citation and/or date.

III. Good Cause Exemption

The EPA has determined that this action falls under the “good cause” exemption in section 553(b)(B) of the Administrative Procedure Act (APA) which, upon a finding of “good cause” authorizes agencies to dispense with public participation, and section 553(d)(3), which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs, makes typographical/ministerial revisions to the tables in the CFR, and makes ministerial changes to the prefatory heading to the tables in the CFR.

Under section 553(b)(B) of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification (and corrections) only reflects existing State law and the changes to the tables are ministerial in nature. Immediate notice of this action in the Federal Register benefits the public by providing the public notice of the updated Utah SIP Compilation and notice of corrections/clarifications to the Utah SIP portion of the CFR. Further, pursuant to section 553(d)(3), making this action immediately effective benefits the public by immediately updating both the SIP Compilation and the CFR “Identification of Plan” section.

IV. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes IBR. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the IBR of regulations promulgated by Utah, previously approved by the EPA and federally effective before January 5, 2026, contained in “Utah State Implementation Plan, Volume 1, 40 CFR 52.2320(c), EPA-approved Utah State Regulations” and “Utah State Implementation Plan, Volume 2, 40 CFR 52.2320(d), EPA-approved Source-specific Requirements.” The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 8 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 ( printed page 73149) 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 action:

• Is not a significant regulatory action subject to review by the Office of Management and Budget underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• Is not anExecutive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not subject toExecutive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program;
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001); and
• 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 Clean Air Act.

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).

This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

The EPA also believes that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. This is because prior EPA rulemaking actions for each individual component of the Utah SIP compilation previously afforded interested parties the opportunity to file a petition for judicial review in the United State Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, the EPA believes judicial review of this action under section 307(b)(1) is not available.

For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows:

91 FR 73145