Air Plan Approval; State of Utah; Utah State Implementation Plan Revisions

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R08-OAR-2020-0098; FRL-12019-01-R8]</DEPDOC> <SUBJECT>Air Plan Approval; State of Utah; Utah State Implementation Plan Revisions</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Utah on April 19, 2018; May 21, 2020; and July 21, 2020. These SIP submissions include revisions to air quality rules within Utah Administrative Code (UAC) title R307. EPA is taking this action pursuant to the Clean Air Act (CAA or the Act). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective on July 31, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2020-0098. All documents in the docket are listed on the <E T="03">https://www.regulations.gov</E> website. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> 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 <E T="03">https://www.regulations.gov,</E> or please contact the person identified in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section for additional availability information. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Crystal Ostigaard, Air and Radiation Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, Colorado 80202-1129, telephone number: (303) 312-6602, email address: <E T="03">ostigaard.crystal@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document “we,” “us,” and “our” means EPA. <HD SOURCE="HD1">I. Background</HD> The background and legal basis for this action are discussed in detail in our November 6, 2020 proposal (85 FR 71023). <SU>1</SU> <FTREF/> We proposed to approve the Governor of Utah's submittal of May 21, 2020, including revisions to UAC R307-110-32 (which incorporates by reference Utah SIP section X.B., the vehicle inspection and maintenance (I/M) program for Davis County) and R307-110-35 (which incorporates by reference Utah SIP section X.E., the vehicle I/M program for Weber County). <FTNT> <SU>1</SU>  The November 6, 2020 (85 FR 71023) proposed rule also contained our proposed approvals of the Salt Lake City and Provo Serious PM <E T="52">2.5</E> redesignation requests; maintenance plans; the maintenance plans' 2035 motor vehicle emissions budgets (MVEB) for emissions of direct PM <E T="52">2.5</E> , nitrogen oxides (NO <E T="52">X</E> ) and volatile organic compounds (VOC); each maintenance plan's budget trading mechanisms related to emissions of PM <E T="52">2.5</E> precursors; UT SIP sections IX.H.11, 12, and 13; R307-110-10; R307-110-17; and each nonattainment area's (NAA) full best available control measure/best available control technology (BACM/BACT) determinations for major stationary sources, area sources, and on-road and off-road mobile sources. We are not taking final action on any of these proposed submissions within this action but will be addressing them in one or more future actions. </FTNT> Additionally, we proposed to approve SIP revisions and new rules submitted by the Utah Division of Air Quality (UDAQ) on April 19, 2018, May 21, 2020, and July 21, 2020, specifically UAC R307-208, R307-230, R307-304, R307-335, R307-343, R307-344, R307-345, R307-346, R307-347, R307-348, R307-349, R307-350, R307-351, R307-352, R307-353, R307-354 and R307-355. <HD SOURCE="HD1">II. Response to Comments</HD> Our proposed rulemaking provided notice of a 30-day public comment period. On November 10, 2020, Utah Physicians for a Healthy Environment submitted a request to extend the comment period by thirty days and for EPA to grant a formal, online hearing. EPA reviewed this request but denied it, maintaining the original December 7, 2020, comment deadline and declining to hold the requested hearing. <SU>2</SU> <FTREF/> EPA received no comments specific to these four submittals. <FTNT> <SU>2</SU>  Located within the docket, titled “11-10-2020 public comment—Dr. Moench_EPA Response.” </FTNT> <HD SOURCE="HD1">III. Final Action</HD> We are approving the submittal of May 21, 2020, with revisions to R307-110-32, R307-110-35 (including the incorporated-by-reference revisions to Utah SIP Sections X.B. and X.E., which are the I/M programs for Davis and Weber Counties), but we are not acting on appendix D (Diesel Inspection Procedures) or appendix F (Diesel Fueled Vehicle Test Procedure) of Utah SIP sections X.B. and X.E., respectively. <SU>3</SU> <FTREF/> The diesel inspection and testing procedures in these two appendices are not required submissions under CAA section 110(c) or required plan items under CAA section 179, and EPA has not promulgated criteria for evaluating them in 40 CFR part 51, subpart S. Further, there is a lack of correlation between opacity and particulate matter (PM) mass emissions in diesel vehicles, and relevant literature and studies suggest that adjusting diesel vehicles to reduce the opacity of emissions may result in an increase in emissions of NO <E T="52">X</E> , which is a precursor to the formation of PM <E T="52">2.5</E> . <SU>4</SU> <FTREF/> <FTNT> <SU>3</SU>  General information on diesel vehicles in I/M Programs: <E T="03">https://www.epa.gov/state-and-local-transportation/vehicle-emissions-inspection-and-maintenance-im-information-state;</E> February 1995, EPA-AA-EPSD-IM-94-1226, EPA I/M Briefing Book—Everything You Ever Wanted to Know About Inspection and Maintenance (pg. 146-147); April 3, 1997, Guidance to States on In-Use Smoke Test Procedure for Highway Heavy-Duty Diesel Vehicles; and February 25, 1999, Guidance to States on Smoke Opacity Cutpoints to be used with the SAE J1667 In-Use Smoke Test Procedures. </FTNT> <FTNT> <SU>4</SU>  McCormick, R.; Graboski, M.; Alleman, T.; Alvarez, J.; <E T="03">Environ. Sci. Technol.</E> 2003, 37, 630-637. </FTNT> EPA is also approving Utah UAC sections R307-200 and R307-300 revisions and new rules submitted by UDAQ on April 19, 2018, May 21, 2020, and July 21, 2020, which strengthen the SIP. These rules are R307-208, R307-230, R307-304, R307-335, R307-343, R307-344, R307-345, R307-346, R307-347, R307-348, R307-349, R307-350, R307-351, R307-352, R307-353, R307-354 and R307-355. The revisions being approved in this final action clarify several area source rules, including reorganizing provisions related to work practices and recordkeeping, and make other general administrative updates. In this final rule we are not determining that any rule satisfies BACM requirements for the Serious PM <E T="52">2.5</E> nonattainment areas (NAAs), nor are we reconsidering the substantive approvability under the CAA of provisions that have been previously approved into the SIP. <HD SOURCE="HD1">IV. Environmental Justice Considerations</HD> EPA reviewed demographic data, which provides an assessment of individual demographic groups of the populations living within the Salt Lake City and Provo PM <E T="52">2.5</E> NAAs. <SU>5</SU> <FTREF/> EPA then compared the data to the national average for each of the demographic groups. The results of this analysis are being provided for informational and transparency purposes. The results of the demographic analysis indicate that, for populations within the Salt Lake City PM <E T="52">2.5</E> NAA, the percentage of the population consisting of people of color is less than the national average (25% vs. 40%). For populations within the Provo PM <E T="52">2.5</E> NAA, the results of the demographic analysis indicate that the percentage of the population consisting of people of color is less than the national average (18% vs. 40%). The percentage of people living below the poverty level in the Salt Lake City PM <E T="52">2.5</E> NAA is lower than the national average (23% vs. 30%). For the Provo PM <E T="52">2.5</E> NAA, the percentage of people living below the poverty level is lower than the national average (27% vs. 30%). <FTNT> <SU>5</SU>  The Salt Lake City and Provo PM <E T="52">2.5</E> NAA boundaries can be found at: <E T="03">https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-81/subpart-C/section-81.345,</E> within the Utah—2006 24-Hour PM <E T="52">2.5</E> NAAQS table. </FTNT> This final action approves state rules and rule revisions into the SIP and will establish federally enforceable requirements that will reduce emissions of PM <E T="52">2.5</E> and PM <E T="52">2.5</E> precursors. We expect that this action and the resulting emissions reductions will be neutral or will contribute to reduced environmental and health impacts on all populations in the NAAs, including people of color and low-income populations in the Salt Lake City and Provo PM <E T="52">2.5</E> NAAs. Further, there is no information in the record indicating that this action is expected to have disproportionately high or adverse human health or environmental effects on a particular group of people. <HD SOURCE="HD1">V. Incorporation by Reference</HD> In this document, EPA is taking final action to approve regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is taking final action to approve the incorporation by reference of: R307-110-32; R307-110-35; R307-208; R307-230; R307-304; R307-335; R307-343; R307-344; R307-345; R307-346; R307-347; R307-348; R307-349; R307-350; R307- ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 26k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━