[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Notices]
[Page 70866]
[FR Doc No: 2014-28161]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9919-90-OEI; EPA-HQ-OEI-2014-0820]

Notification of Deletion of System of Records: Confidential
Business Information Tracking System, EPA-20

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is deleting the
system of records for the Confidential Business Information Tracking
System (EPA-20) published in the Federal Register on April 7, 2009,
from its inventory of Privacy Act Systems. The system is no longer
active.

DATES: This notice is effective on November 28, 2014.

FOR FURTHER INFORMATION CONTACT: Chandler Sirmons,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

General Information

    The Confidential Business Information Tracking System (CBITS) was
created to track confidential information that was available to
Confidential Business Information (CBI) cleared federal and contractor
personnel and other government staff members on a need to know basis.
CBITS was decommissioned on December 31, 2013. The system has since
been replaced by the Confidential Information System (CIS) that
processes, tracks and stores Toxic Substances Control Act (TSCA)
confidential information. CIS does not contain or store any personally
identifiable information (PII).

How can I get copies of this document and other related information?

    EPA has established a docket for this action under Docket ID No.
[EPA-HQ-OEI-2014-0820]. Copies of the available docket materials are
available at www.regulations.gov or in hard copy at the EPA Docket
Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744. The telephone number for the Office of Environmental
Information (OEI) Docket is<PHONE_NUMBER>.

How can I get electronic access to this document?

    You may access this Federal Register document electronically under
the ``Federal Register'' link on www.regulations.gov.

    Dated: November 18, 2014.
Renee P. Wynn,
Acting Assistant Administrator, and Acting Chief Information Officer.
[FR Doc. 2014-28161 Filed 11-26-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Proposed Rules]
[Pages 26053-26057]
[FR Doc No: 2019-11702]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0081; FRL-9994-56-Region 8]

Clean Data Determination; Salt Lake City, Utah 2006 Fine
Particulate Matter Standards Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to make
a clean data determination (CDD) for the 2006 24-hour fine particulate
matter (PM2.5) Salt Lake City, Utah, (UT) nonattainment area
(NAA). The proposed determination is based upon quality-assured,
quality-controlled, and certified ambient air monitoring data for the
period 2016-2018, available in the EPA's Air Quality System (AQS)
database, showing the area has monitored attainment of the 2006 24-hour
PM2.5 National Ambient Air Quality Standards (NAAQS). Based
on our proposed determination that the Salt Lake City, UT NAA is
currently attaining the 24-hour PM2.5 NAAQS, the EPA is also
proposing to determine that the obligation for Utah to make submissions
to meet certain Clean Air Act (CAA or the Act) requirements related to
attainment of the NAAQS for this area is not applicable for as long as
the area continues to attain the NAAQS.

DATES: Comments must be received on or before July 5, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0081 at 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 the disclosure of which 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air and Radiation
Division, U.S. EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street,
Denver, Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' is used, it is intended to refer to the EPA.

I. Background

    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, UT NAA. The Salt Lake
City, UT NAA includes Box Elder County (partial), Davis County, Salt
Lake County, Tooele County (partial), and Weber County (partial). The
EPA originally designated these areas under the general provisions of
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 \1\ 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. Additionally, this rule established the Moderate
area attainment date of December 31, 2015. After the court's decision
and the EPA's June 2, 2014 rule, on December 16, 2014, Utah withdrew
all prior Salt Lake City, UT 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.
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    \1\ 706 F.3d 428 (D.C. Cir. 2013).
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    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 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.
    The EPA has previously acted on portions of Utah's Moderate area
attainment plan for the Salt Lake City, UT NAA. Specifically, we
approved certain area source rules and related reasonably available
control measure (RACM) analyses on February 25, 2016 (81 FR 9343),
October 19, 2016 (81 FR 71988) and September 14, 2017 (82 FR 43205). We
have not disapproved any portions of the plan; as a result, the clocks
for sanctions under section 179(a) and for a Federal Implementation
Plan (FIP) under section 110(c) are not in effect for the Salt Lake
City, UT NAA.
    Finally, on May 10, 2017 (82 FR 21711), the EPA determined that the
Salt Lake City, UT NAA failed to attain the 2006 24-hour
PM2.5 NAAQS by the Moderate attainment date of December 31,
2015. With this determination, the Salt Lake City, UT NAA was
reclassified as a ``Serious'' area for the 2006 24-hour
PM2.5 NAAQS, with a new attainment date of December 31,
2019. This reclassification triggered an obligation for Utah to submit
a new, Serious area attainment plan consisting of several elements,
including a control strategy and demonstration of attainment by the new
attainment date. See 40 CFR 51.1003(b)(1).

II. Clean Data Determination

    Over the past two decades, the EPA has consistently applied its
``Clean Data Policy'' interpretation to attainment related provisions
of Part D of the CAA. The EPA codified the Clean Data Policy in the
PM2.5 SIP Requirements Rule (40 CFR 51.1015(a)) for the
implementation of current and future PM2.5 NAAQS. See 81 FR
58010, 58161 (August 24, 2016). For a complete discussion of the Clean
Data Policy's history and the EPA's longstanding interpretation under
the CAA, please refer to the PM2.5 SIP Requirements Rule.\2\
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    \2\ See Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements, 81 FR 58010,
58127 (August 24, 2016).
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    As codified at 40 CFR 51.1015(a) in the PM2.5 SIP
Requirements Rule, upon a determination by the EPA that a Moderate
PM2.5 NAA has attained the PM2.5 NAAQS, the
requirements for the State to submit an attainment demonstration,
provisions demonstrating timely implementation of RACM (including
reasonably available control technology (RACT)), a reasonable further
progress (RFP) plan, quantitative milestones and quantitative milestone
reports, and contingency measures shall be suspended. Additionally,
under 40 CFR 51.1015(b), upon determination by the EPA that a Serious
PM2.5 NAA has attained the PM2.5 NAAQS, the
requirements for the State to submit an attainment demonstration, RFP,
quantitative milestones and quantitative milestone reports, and
contingency measures for the area will be suspended. However, the EPA's
longstanding policy for the best available control measure (BACM)/best
available control technology (BACT) requirement of CAA section
189(b)(1)(B) is that the requirement is independent of attainment.
Thus, a CDD would not suspend the obligation for Utah to submit any
applicable outstanding BACM/BACT requirements or other requirements
that are independent of attainment.
    By extension, the requirement to submit a motor vehicle emission
budget (MVEB) for the attainment year (both for a Moderate and Serious
NAA) for the purposes of transportation conformity is also suspended. A
MVEB is that portion of the total allowable emissions defined in the
submitted or approved control strategy implementation plan revision or
maintenance plan for a certain date for the purpose of meeting RFP
milestones or demonstrating attainment or maintenance of the NAAQS, for
any criteria pollutant or its precursors, allocated to highway and
transit vehicle use and emissions.\3\ For the purposes of the
transportation conformity regulations, the control strategy
implementation plan revision is the implementation plan which contains
specific strategies for controlling the emissions of and reducing
ambient levels of pollutants in order to satisfy

CAA requirements for demonstrations of RFP and attainment.\4\ Given
that MVEBs are required to support the RFP and attainment demonstration
requirements in the attainment plan, suspension of the RFP and
attainment demonstration requirements through a CDD also suspends the
requirement to submit MVEBs for the attainment and RFP years. The
suspension of planning requirements pursuant to 40 CFR 51.1015 does not
preclude the State from submitting suspended elements of its Moderate
and Serious area attainment plans for the EPA's approval in order to
strengthen the State's SIP.
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    \3\ 40 CFR 93.101.
    \4\ 40 CFR 93.101.
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    The planning elements under subpart 1 and subpart 4 generally
include RFP, attainment demonstrations, RACM/RACT, NAA contingency
measures, and other state planning requirements related to attaining
the NAAQS.\5\ The suspension of the obligation to submit such
requirements applies regardless of when the plan submissions are due.
The CDD does not suspend CAA requirements that are independent of
helping the area achieve attainment, such as the requirements to submit
an emissions inventory, nonattainment new source review (NNSR), and
BACM/BACT requirements. The determination of attainment is not
equivalent to a redesignation, and the State must still meet the
statutory requirements for redesignation in order to be redesignated to
attainment. See CAA section 107(d)(3)(E).
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    \5\ PM2.5 SIP Requirements Rule (81 FR 58010).
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    In accordance with 40 CFR 51.1015(a) and (b), the CDD suspends the
aforementioned SIP obligations until such time as the area is
redesignated to attainment, after which such requirements are
permanently discharged; or the EPA determines that the area has re-
violated the PM2.5 NAAQS, at which time the State shall
submit such attainment plan elements for the Moderate and Serious NAA
plans by a future date to be determined by the EPA and announced
through publication in the Federal Register at the time the EPA
determines the area is violating the PM2.5 NAAQS.

A. Monitoring Network Considerations

    Determining whether an area has attained the NAAQS 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 Utah
Department of Air Quality (UDAQ) is the governmental agency with the
authority and responsibilities under the State's laws for collecting
ambient air quality data for the Salt Lake City, UT NAA and submitting
the data to AQS. UDAQ annually certifies that the data they submit to
AQS are quality assured. UDAQ also submits an annual monitoring network
plan (AMNP) to the EPA. These plans discuss the status of the air
monitoring network, as required under 40 CFR part 58. With respect to
PM2.5 monitoring in the Salt Lake City, UT NAA, the EPA
found that UDAQ's annual network plans met the applicable requirements
under 40 CFR part 58 for the relevant period, 2016-2018. The UDAQ
operated eight PM2.5 State and Local Air Monitoring Station
(SLAMS) monitors during the 2016-2018 period within the Salt Lake City,
UT PM2.5 NAA: Brigham City, Ogden 2, Bountiful, Magna, Rose
Park, Hawthorn, Herrimam #3, and Erda.

B. Salt Lake City, UT Monitoring

    On March 14, 2017, the EPA approved Utah's 2016 AMNP, and on April
20, 2017, UDAQ submitted a letter that contained the AMP 600 and AMP
450NC reports required to certify the 2016 air quality data in Utah.
UDAQ completed the date certification process in AQS and with the April
20, 2017 letter, certified that the 2016 air quality data is accurate.
    On October 27, 2017, the EPA approved Utah's 2017 AMNP, and on
April 10, 2018, the UDAQ submitted a letter that contained the AMP 600
and AMP 450NC reports required to certify the 2017 air quality data in
Utah. With the April 10, 2018 letter, UDAQ completed the data
certification process in AQS and certified that the 2017 air quality
data is accurate.
    On March 20, 2019, the EPA approved Utah's 2018 AMNP, and on
February 1, 2019, the UDAQ submitted a letter that contained the AMP
600 and AMP 450NC reports required to certify the 2018 air quality data
in Utah. With the February 1, 2019 letter, UDAQ completed the data
certification process in AQS and certified that the 2018 air quality
data is accurate.

C. Evaluation of Current Attainment

    The EPA's evaluation of whether the Salt Lake City, UT
PM2.5 NAA has attained the 2006 24-hour PM2.5
NAAQS is based on our review of all valid monitoring data ``produced by
suitable monitors that are required to be submitted to AQS, or
otherwise available to EPA ....'' See Appendix N, 3.0(a). Based on our
review, the PM2.5 monitoring network for the Salt Lake City,
UT NAA meets the requirements stated above and is therefore adequate
for use in determining whether the area attained the 2006 24-hour
PM2.5 NAAQS.
    The EPA reviewed the PM2.5 ambient air monitoring data
from the Brigham City (AQS site 49-003-0003), Ogden 2 (AQS site 49-057-
0002), Bountiful (AQS site 49-011-0004), Magna (AQS site 49-035-1001),
Rose Park (AQS site 49-035-3010), Hawthorn (AQS site 49-035-3006),
Herrimam #3 (AQS site 49-035-3013), and Erda (AQS site 49-045-0004)
monitoring sites consistent with the requirements contained in 40 CFR
part 50, as recorded in the EPA AQS database for the Salt Lake City, UT
NAA.
    The CAA allows for the exclusion of air quality monitoring data
from design value calculations when there are exceedances caused by
events, such as wildfires or high wind events, that meet the criteria
for an exceptional event identified in the EPA's implementing
regulations, the Exceptional Events Rule at 40 CFR 50.1, 50.14, and
51.930. In 2017, emissions from fireworks and wildfires impacted
PM2.5 concentrations recorded at the Rose Park monitor
within the Salt Lake City, UT NAA. For purposes of this proposed
action, on November 21, 2017 and January 2, 2018, UDAQ submitted
exceptional event demonstrations to request exclusion of 2017 data
impacted by fireworks and wildfires. On February 2, 2019, UDAQ
submitted supplemental information pertaining to the exceptional event
package for data impacted by fireworks in 2017. The EPA evaluated
UDAQ's exceptional event demonstrations for the flagged values of the
24-hour PM2.5 listed in Table 1, at the Rose Park monitor in
the Salt Lake City, UT NAA, with respect to the requirements of the
EPA's Exceptional Events Rule (40 CFR 50.1, 50.14, and 50.930).

    Table 1--24-Hour PM2.5 Values at the Rose Park Monitoring Station, Concurred on by the EPA as Meeting the
                                           Exceptional Event Criteria
                                                 [[micro]g/m\3\]
----------------------------------------------------------------------------------------------------------------
                                                                  24-hr PM2.5 concentration 49-035-3010
                                                        --------------------------------------------------------
                          Date                                                                     Continuous
                                                             FRM filter     Co-located filter  (primary monitor)
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7/4/2017...............................................               37.8                 41                 40
9/6/2017...............................................               37.8               37.7               36.8
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    On May 23, 2019 and May 28, 2019, the EPA concurred with UDAQ's
requests to exclude event-influenced data listed in Table 1 above,
finding that the UDAQ demonstration met the Exceptional Event Rule
criteria. As such, the event-influenced data have been removed from the
data set used for regulatory purposes. For this proposed action, the
EPA relies on the calculated values that exclude the event-influenced
data (see Table 2 below). The EPA now proposes to take final regulatory
action on UDAQ's request to exclude PM2.5 data listed in
Table 1, in regulatory decisions. For further information, refer to
UDAQ's Exceptional Event demonstration packages and the EPA's
concurrence and analyses located in the docket for this proposed
action.
    As shown in Table 2 below, Brigham City, Ogden 2, Bountiful, Rose
Park and Hawthorn monitors in the Salt Lake City, UT NAA have collected
complete data since 2012 and are trending downward overall. The Magna
monitor was trending downward from 2012; however, the monitor was
discontinued in 2018. The Erda monitor began collecting data in 2016
and has an attaining design value for 2016-2018. The Herrimam #3
monitor began collecting data in 2016; however, quarter 1 of 2018 is
incomplete but is still showing attainment for 2016-2018.
    The design value for the 2006 24-hour PM2.5 NAAQS for
the years 2016-2018 at the Rose Park monitor site was 35 [micro]g/m\3\,
which is equal to the standard of 35 [micro]g/m\3\. See Table 2 below
for the annual 98th percentiles and 3-year design value for the 2016-
2018 monitoring period. As a result, the EPA has preliminarily
concluded that the Salt Lake City, UT NAA continues to meet the 2006
24-hour PM2.5 NAAQS of 35 [micro]g/m\3\ for the period 2016-
2018, the most recent 3-year period of certified data availability.
Should there be a subsequent violation of the 2006 PM2.5
standards in the Salt Lake City, UT NAA, the EPA will withdraw the CDD.

                          Table 2--Design Value Concentrations for the Salt Lake City, UT NAA for the 2006 24-Hour PM2.5 NAAQS
                                                                     [[micro]g/m\3\]
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                                                                                3-year design values
           Monitor site                   Monitor ID      ----------------------------------------------------------------------------------------------
                                                               2012-2014          2013-2015          2014-2016          2015-2017          2016-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brigham City......................  49-003-0003..........                 35                 35                 31                 33                 32
Ogden 2...........................  49-057-0002..........                 35                 37                 35                 33                 30
Bountiful.........................  49-011-0004..........                 38                 40                 33                 30                 29
Magna.............................  49-035-1001..........                 35                 35                 32                 28       Discontinued
Rose Park.........................  49-035-3010..........                 43                 44                 41                 37                 35
Hawthorn..........................  49-035-3006..........                 41                 42                 37                 34                 33
Herrimam #3.......................  49-035-3013..........                 --                 --                 --                 --               * 27
Erda..............................  49-045-0004..........                 --                 --                 --                 --                 26
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* Q1 of 2018 is incomplete. See Utah Clean Data Determination of the 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standard for the
  Provo, Utah Nonattainment Area Memo found in the accompanying docket.

D. Clean Data Determination for the Salt Lake City, UT Nonattainment
Area

    Based on the monitoring data for the period 2016-2018, the EPA is
proposing to determine that the area has demonstrated attainment of the
2006 24-hr PM2.5 NAAQS. In accordance with 40 CFR 51.1015, a
CDD can be made upon a determination by the EPA that a Moderate or
Serious PM2.5 NAA is attaining the PM2.5 NAAQS.
As provided in 40 CFR 51.1015, so long as this area continues to meet
the standard, finalization of this determination suspends the
requirements for this area to submit an attainment demonstration,
associated RACM/RACT (for the Moderate NAA plan), RFP plan, contingency
measures, and any other planning SIP requirements related to the
attainment of the 2006 PM2.5 NAAQS. For purposes of this
NAAQS, the requirements to submit a projected attainment inventory as
part of an attainment demonstration or RFP as well as a MVEB are also
suspended by this determination.
    As discussed in the PM2.5 SIP Requirements Rule, the
nonattainment base emissions inventory required by section 172(c)(3) is
not suspended by this determination because the base inventory is a
requirement independent of planning for an area's attainment. See 81 FR
58009 at 58028 and 58127-8 and 80 FR 15340 at 15441-2. Additionally,
the PM2.5 SIP Requirements Rule states that the NNSR
requirement is required by CAA sections 110(a)(2)(C); 172(c)(5); 173;
189(a); and 189(e), and is not suspended by a CDD because this
requirement is independent of the area's attainment planning. See 81 FR
58010 at 58107 and 58127. Furthermore, the BACM/BACT requirements found
in CAA section 189(b)(1)(B) are not suspended with a CDD for a Serious
NAA due to this requirement being independent of attainment. See 81 FR
58010 at 58128.
    Under the proposed CDD, the planning requirements noted above (for
both Moderate and Serious areas) shall be suspended, until such time as
the area is redesignated to attainment, after which such requirements
are permanently discharged. This proposed

action, if finalized, will not constitute a redesignation to attainment
under CAA section 107(d)(3)(E), because the State must have an approved
maintenance plan for the area as required under section 175A of the
CAA, and the EPA must determine that the area has met the other
requirements for redesignation in order to be redesignated to
attainment. Therefore, the designation status of the area will remain
nonattainment for the 2006 PM2.5 NAAQS until such time as
the EPA determines that the area meets the CAA requirements for
redesignation to attainment under CAA section 107(d)(3)(E).
    It is possible, although not expected, that the Salt Lake City, UT
area could violate the 24-hour PM2.5 NAAQS before a
maintenance plan is adopted, submitted, and approved, and the area is
redesignated to attainment. Under 40 CFR 51.1015(a)(2) and (b)(2), if
the EPA determines that the area has re-violated the 24-hour
PM2.5 NAAQS, the EPA will rescind the CDD and the State
shall be required to submit the suspended attainment plan elements.
Even so, submission of the suspended elements may be insufficient to
eliminate future violations. Therefore, the issuance of a SIP call
under section 110(k)(5) could be an appropriate response. This SIP call
could require the State to submit, by a reasonable deadline not to
exceed 18 months, a revised plan demonstrating expeditious attainment
and complying with other requirements applicable to the area at the
time of this finding. Under CAA section 172(d), the EPA may reasonably
adjust the dates applicable to these requirements.

III. Proposed Action

    The EPA is proposing to make a CDD for the 2006 24-hour
PM2.5 Salt Lake City, UT NAA based on the area's monitoring
data for 2016-2018. Pursuant to 40 CFR 51.1015(a) and (b), the EPA
proposes to determine that the obligation to submit attainment-related
SIP revisions arising from classification of the Salt Lake City, UT
area as a Moderate NAA and subsequent reclassification as a Serious NAA
under subpart 4 of part D (of title I of the Act) for the 2006 24-hour
PM2.5 NAAQS is not applicable for so long as the area
continues to attain the 2006 24-hour PM2.5 NAAQS. However,
the CDD does not suspend UDAQ's obligation to submit non-attainment-
related requirements, which includes the base-year emission inventory,
NNSR revisions, and BACM/BACT. This proposed action, if finalized,
would not constitute a redesignation to attainment under CAA section
107(d)(3).

IV. Statutory and Executive Order Reviews

    This action proposes to issue a determination of attainment based
on air quality and to suspend certain federal requirements, and thus,
would not impose additional requirements beyond those imposed by state
law. For this reason, this proposed 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 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, this proposed action does not 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 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

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

    Dated: May 30, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2019-11702 Filed 6-4-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Rules and Regulations]
[Page 72817]
[FR Doc No: 2013-29012]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0922]

Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Near
Moss Lake, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Black Bayou pontoon bridge across
the Gulf Intracoastal Waterway, mile 237.5, near Moss Lake, Louisiana.
The deviation is necessary in order to drive piles for 2 sheave
platforms, 2 winch platforms, a walkway, and a hydraulic unit housing
platform. These repairs are essential for the continued safe operation
of the bridge. This deviation allows the bridge to remain temporarily
closed to navigation during daylight for ten consecutive hours, Monday
through Thursday for three weeks.

DATES: This deviation is effective without actual notice from December
4, 2013 until December 19, 2013. For the purposes of enforcement,
actual notice will be used from the date the deviation was signed,
November 14, 2013, until December 19, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0922] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Donna Gagliano, Bridge
Administration Branch, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION: The Louisiana Department of Transportation
and Development has requested a temporary deviation from the operating
schedule on the pontoon bridge across the Gulf Intracoastal Waterway at
mile 237.5 near Moss Lake, Louisiana.
    In accordance with 33 CFR 117.5, except as otherwise authorized or
required by this part, drawbridges must open promptly and fully for the
passage of vessels when a request or signal to open is given in
accordance with this subpart. The draw bridge must return to operation
when the work has stopped for any reason. This temporary deviation
allows the pontoon bridge to remain closed to navigation from 7 a.m. to
5 p.m., Monday through Thursday, during 3 weeks beginning December 2,
2013 through Thursday, December 19, 2013, for a total of 12 days.
During this time, repairs will be performed, including driving piles
for 2 sheave platforms, 2 winch platforms, a walkway and a hydraulic
unit housing platform. The repairs are necessary to ensure the safety
of the bridge. Notices will be published in the Eighth Coast Guard
District Local Notice to Mariners and will be broadcast via the Coast
Guard Broadcast Notice to Mariners System.
    Navigation on the waterway consists of commercial and recreational
fishing vessels, small to medium crew boats, and small tugs with and
without tows. No alternate routes are available for the passage of
vessels; however, the closure was coordinated with waterway interests
who have indicated that they will be able to adjust their operations
around the proposed work schedule. The bridge will be able to open
manually in the event of an emergency, but it will take about one hour
to do so.
    In accordance with 33 CFR 117.5, the draw bridge must return to its
regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.5

    Dated: November 14, 2013.
David M. Frank,
Bridge Administrator.
[FR Doc. 2013-29012 Filed 12-3-13; 8:45 am]
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