[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 34673-34675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12074]
[[Page 34673]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2020-0002; FRL-10009-92-Region 8]
Determination of Attainment by the Attainment Date for the Salt
Lake City, Utah and Provo, Utah 2006 24-Hour PM2.5 Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing a
determination of attainment by the attainment date for the 2006 24-hour
fine particulate matter (PM2.5) Salt Lake City, Utah (Salt
Lake City) and Provo, Utah (Provo) Serious nonattainment areas (NAAs).
The determination is based upon quality-assured, quality-controlled and
certified ambient air monitoring data showing that the area has
attained the 2006 24-hour PM2.5 National Ambient Air Quality
Standards (NAAQS) based on the 2017-2019 data available in the EPA's
Air Quality System (AQS) database.
DATES: Written comments must be received on or before July 8, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2020-0002, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the
www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.
FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6602, ostigaard.crystal@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
A. Designation and Classification of PM2.5 Nonattainment Areas
On October 17, 2006 (71 FR 61144), the EPA revised the level of the
24-hour PM2.5 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\. The EPA retained the form of the
1997 24-hour standard, that is, the 98th percentile of the annual 24-
hour concentrations at each population-oriented monitor within an area,
averaged over 3 years. See 71 FR 61164-5 (October 17, 2006).
On November 13, 2009 (74 FR 58688), the EPA designated a number of
areas as nonattainment for the 24-hour PM2.5 NAAQS of 35
[micro]g/m\3\, including the Salt Lake City and Provo NAAs. The EPA
originally designated these areas under the general provisions of Clean
Air Act (CAA) title I, part D, subpart 1 (``subpart 1''), under which
attainment plans must provide for the attainment of a specific NAAQS
(in this case, the 2006 PM2.5 standards) as expeditiously as
practicable, but no later than 5 years from the date the areas were
designated nonattainment.
Subsequently, on January 4, 2013, the U.S. Court of Appeals for the
District of Columbia Circuit held in NRDC v. EPA that the EPA should
have implemented the 2006 24-hour PM2.5 standard based on
both the general NAA requirements in subpart 1 and the PM-specific
requirements of CAA title I, part D, subpart 4 (``subpart 4''). In
response to the Court's decision in NRDC v. EPA, on June 2, 2014 (79 FR
31566), the EPA finalized the ``Identification of Nonattainment
Classification and Deadlines for Submission of State Implementation
Plan (SIP) Provisions for the 1997 Fine Particulate (PM2.5)
NAAQS and 2006 PM2.5 NAAQS.'' This rule classified the areas
that were designated in 2009 as nonattainment to Moderate and set the
attainment SIP submittal due date for those areas at December 31, 2014.
After the court's decision, on December 16, 2014, the Utah Division
of Air Quality (UDAQ) withdrew all prior Salt Lake City and Provo
PM2.5 SIP submissions and submitted a new SIP to address
both the general requirements of subpart 1 and the PM-specific
requirements of subpart 4 for Moderate areas.
On August 24, 2016, the EPA finalized the Fine Particulate Matter
National Ambient Air Quality Standards: State Implementation Plan
Requirements (``PM2.5 SIP Requirements Rule''), 81 FR 58010,
which addressed the January 4, 2013 court ruling. The final
PM2.5 SIP Requirements Rule provides the EPA's
interpretation of the requirements applicable to PM2.5 NAAs
and explains how air agencies can meet the statutory SIP requirements
that apply under subparts 1 and 4 to areas designated nonattainment for
any PM2.5 NAAQS.
B. Reclassification of Salt Lake City and Provo Nonattainment Area
CAA section 188(b)(2) requires the EPA to determine whether any
PM2.5 NAA classified as ``Moderate'' attained the relevant
PM2.5 standard by the area's attainment date and requires
EPA to make such determination within 6 months after that date.\1\ The
CAA requires that a Moderate area that has not attained the standard by
the relevant attainment date be reclassified to ``Serious.''
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\1\ An area's highest design value for the 24-hour
PM2.5 NAAQS is the highest of the 3-year average of
annual 98th percentile 24-hour average PM2.5 mass
concentration values recorded at each eligible monitoring site (40
CFR part 50, appendix N, 1.0(c)(2)).
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On May 10, 2017 (82 FR 21711), the EPA finalized the determination
that the Salt Lake City and Provo PM2.5 NAAs failed to
attain by the Moderate area attainment date of December 31, 2015 and
were reclassified to Serious PM2.5 NAAs. A Serious
PM2.5 NAA is required to attain the standard as
expeditiously as practicable, but no later than by the
[[Page 34674]]
end of the tenth year after designation (December 31, 2019).
II. EPA Evaluation
A. Determination of Attainment by the Attainment Date
Under CAA section 188(c)(2), the EPA is required to determine
within 6 months of the applicable attainment date whether a NAA
attained the standard by that date. The 2006 primary and secondary 24-
hour PM2.5 NAAQS are met when the 24-hour PM2.5
NAAQS design value at each eligible monitoring site is less than or
equal to 35 [micro]g/m\3\. See 40 CFR 50.13 and 40 CFR part 50,
appendix N, section 4.2. For the 24-hour PM2.5 standards,
appendix N defines eligible monitoring sites as those that meet the
technical requirements in 40 CFR 58.11 and 58.30. Three years of valid
annual PM2.5 98th percentile mass concentrations are
required to produce a valid 24-hour PM2.5 NAAQS design
value. A year meets data completeness requirements when quarterly data
capture rates for all four quarters are at least 75%. Nonetheless,
where the 75% data capture requirement is not met, the 24-hour
PM2.5 NAAQS design value shall still be considered valid if
it passes the maximum quarterly value data substitution test.
In accordance with the EPA regulations at 40 CFR part 50, appendix
N, a finding of attainment of the 2006 24-hour PM2.5 NAAQS
must be based upon complete, quality-assured data gathered at
established state and local air monitoring stations (SLAMS) and
national air monitoring stations (NAMS) in the NAA and entered in AQS.
Data from air monitors operated by state/local/tribal agencies in
compliance with the EPA monitoring requirements must be submitted to
AQS. Monitoring agencies annually certify that these data are accurate
to the best of their knowledge. Accordingly, the EPA relies primarily
on data in AQS when determining the attainment status of areas.
A determination that an area attained by their attainment date is
not equivalent to a redesignation, and the state must still meet the
statutory requirements for redesignation in order to be redesignated to
attainment.
B. Monitoring Network and Data Considerations
Determining whether an area has attained the NAAQS pursuant to CAA
section 188(b)(2) is based on monitored air quality data. Thus, the
validity of a determination of attainment depends in part on whether
the monitoring network adequately measures ambient PM2.5
levels in the NAA.
The UDAQ is the governmental agency with the authority and
responsibility under the State's laws for collecting ambient air
quality data for the Salt Lake City and Provo NAAs. UDAQ submits annual
monitoring network plans (AMNPs) to the EPA. These plans document the
establishment and maintenance of the air monitoring network, as
required under 40 CFR part 58. With respect to PM2.5
monitoring in the Salt Lake City and Provo NAAs, the EPA has found that
UDAQ's AMNPs met the applicable requirements under 40 CFR part 58 for
the relevant period, 2017-2019. Also, UDAQ annually certifies that the
data they submit to AQS are quality assured.
The UDAQ operated PM2.5 SLAMS monitors during the 2017-
2019 period within the Salt Lake City and Provo PM2.5 NAAs.
The UDAQ operated five PM2.5 SLAMS monitors throughout the
2017-2019 period within the Salt Lake City PM2.5 NAA:
Bountiful; Rose Park; Hawthorn; Herrimam #3; and Erda.\2\ Additionally,
UDAQ operated two PM2.5 SLAMS monitors throughout the 2017-
2019 period within the Provo, UT PM2.5 NAA: Lindon and
Spanish Fork.\3\
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\2\ The Salt Lake City, UT NAA had two monitors shutdown due to
the loss of each site and UDAQ is working to re-establish new sites.
These monitors are Brigham City (49-003-0003), which shutdown in
June 2019, and Ogden 2 (49-057-0002), which shutdown in May 2019. A
new site for Ogden 2 was established in Weber County (Harrisville,
49-057-1003) in September 2019. UDAQ is still working with Box Elder
County on new potential sites.
\3\ The Provo, UT NAA had one monitor (North Provo, 49-049-0002)
shutdown the end of 2018 due to safety issues at the site and UDAQ
is working to re-establish a new site.
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On October 27, 2017, March 20, 2019 and April 29, 2020, the EPA
approved Utah's 2017, 2018 and 2019 AMNPs, respectively, and on April
10, 2018, February 1, 2019 and February 24, 2020, the UDAQ submitted
letters to certify the 2017, 2018 and 2019 air quality data.
Based on our review, the PM2.5 monitoring network for
the Salt Lake City and Provo, NAAs meets the requirements stated above
and is therefore adequate for use in determining whether the areas
attained the 2006 24-hour PM2.5 NAAQS.
C. Evaluation of Current Attainment
As discussed above, the EPA's evaluation on whether the Salt Lake
City and Provo PM2.5 NAAs have attained the 2006 24-hour
PM2.5 NAAQS are based on our review of the monitoring data,
and takes into account the adequacy of the PM2.5 monitoring
network in the NAAs and the reliability of the data collected by the
network as discussed in the previous section of this document.
The EPA reviewed the PM2.5 ambient air monitoring data
from the Salt Lake City and Provo, NAA monitors. These monitoring sites
are consistent with the requirements contained in 40 CFR part 50, as
recorded in the EPA AQS database for the NAAs. For purposes of
determining attainment by the December 31, 2019 Serious attainment
date, the EPA determined that UDAQ met the minimum monitoring site
requirements under 40 CFR part 58 where the Provo NAA is required to
have at least two monitors and the Salt Lake City NAA is required to
have at least three monitors. The design values for the 2006 24-hour
PM2.5 NAAQS for the years 2017-2019 at the monitors in the
Salt Lake City and Provo NAAs are less than the standard of 35
[micro]g/m\3\. See Table 1 below for the annual 98th percentiles and 3-
year design value for the 2017-2019 monitoring period. On the basis of
this review, we are proposing to determine that the Salt Lake City and
Provo NAAs attained the 2006 24-hour PM2.5 NAAQS by the
Serious area attainment date.
Table 1--Salt Lake City and Provo NAAs 2017-2019 24-Hour PM Air Quality Data
[[micro]g/m\3\]
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98th percentile values
NAA Monitor site Monitor ID ------------------------------------------------ 2017-2019
2017 2018 2019 design value
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Salt Lake City............................ Bountiful................... 49-011-0004 35.2 25.7 19.3 27
Rose Park................... 49-035-3010 32.4 29.2 27.9 30
Hawthorn.................... 49-035-3006 35.7 26.2 27.3 30
Herrimam #3................. 49-035-3013 28.2 29.0 18.8 25
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Erda........................ 49-045-0004 20.9 30.6 22.9 25
Provo..................................... Lindon...................... 49-049-4001 27.6 49.6 17.5 32
Spanish Fork................ 49-049-5010 27.6 49.6 17.5 32
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III. Proposed Action
Pursuant to CAA section 188(c)(2), the EPA is proposing to
determine, based on the most recent 3 years (2017-2019) of valid
data,\4\ that the Salt Lake City and Provo NAAs have attained the 2006
primary and secondary 24-hour PM2.5 NAAQS by the December
31, 2019 attainment date.
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\4\ Meeting the requirements of 40 CFR part 50, appendix N, and
40 CFR part 58.
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IV. Statutory and Executive Order Reviews
This action proposes to make a determination of attainment based on
air quality and thus would 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);
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 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 proposed rule does not 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 proposed 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).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 29, 2020.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2020-12074 Filed 6-5-20; 8:45 am]
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