[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Proposed Rules]
[Pages 26049-26053]
[FR Doc No: 2019-11700]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0063; FRL-9994-54-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revisions to Nonattainment Permitting Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
state of Utah on March 27, 2014, and August 7, 2018. The submittals
revise the portions of the Utah Administrative Code (UAC) that pertain
to the issuance of Utah air quality permits for major sources in
nonattainment areas. The intended effect of this proposed action is to
bring Utah's nonattainment new source review (NNSR) permitting program
in line with federal requirements. This action is being taken under
section 110 of the Clean Air Act (CAA or Act).

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0063, 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 either electronically
in www.regulations.gov or in hard copy at the Air and Radiation
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Quality Planning
Brnach, 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, we mean the EPA.

I. Background

NNSR Programs Generally

    CAA section 110(a)(2)(C) requires each SIP to include ``a program
to provide for regulation of the modification and construction of any
stationary source within the areas covered by the plan as necessary to
assure that [NAAQS] are achieved, including a permit program as
required in parts C and D of this subchapter,'' and CAA section
172(c)(5) provides that the SIP ``shall require permits for the
construction and operation of new or modified major stationary sources
anywhere in the nonattainment area, in accordance with section [173].''
CAA section 173 lays out the requirements for obtaining a permit that
must be included in a state's SIP-approved permit program.
    Section 51.165 in title 40 of the CFR (Permit Requirements) sets
out the minimum plan requirements for the NNSR permitting program.
Generally, 40 CFR 51.165 consists of a set of definitions, minimum plan
requirements regarding procedures for determining applicability of NNSR
and use of offsets, and minimum plan requirements regarding other
source obligations, such as recordkeeping.
    Specifically, subparagraphs 51.165(a)(1)(i) through (xlvi)
enumerate a set of definitions which states must either use or replace
with definitions that a state demonstrates are more stringent or at
least as stringent in all respects. Subparagraph 51.165(a)(2) sets
minimum plan requirements for procedures to determine the applicability
of the NNSR program to new and modified sources. Subparagraph
51.165(a)(3), (a)(9) and (a)(11) set minimum plan requirements for the
use of offsets by sources subject to NNSR requirements. Subparagraphs
(a)(8) and (a)(10) regard precursors, and subparagraphs (a)(6) and
(a)(7) regard recordkeeping obligations. Subparagraph 51.165(a)(4)
allows NNSR programs to treat fugitive emissions in certain ways.
Subparagraph 51.165(a)(5) regards enforceable procedures that apply
after approval to construct has been granted. Subparagraph 51.165(b)
sets minimum plan requirements for new major stationary sources and
major modifications in attainment and unclassifiable areas that would
cause or contribute to violations of the national ambient air quality
standards (NAAQS.) Finally, subparagraph 51.165(f) sets minimum plan
requirements for the use of Plant-wide Applicability Limits.
    On May 16, 2008, the EPA finalized regulations to implement the
prevention of significant deterioration (PSD) and NNSR permitting
programs for fine particulate matter (PM2.5). 73 FR 28321.
Among other things, the 2008 PM2.5 NSR implementation rule
created presumptions for NNSR permitting of PM2.5 precursors
in PM2.5 nonattainment areas: Nitrogen oxides
(NOX) were presumed to be a precursor that had to be
addressed in the permitting program, while volatile organic compounds
(VOC) and ammonia were presumed to not be precursors. Sulfur dioxide
(SO2) was a required precursor in all cases.
    On January 4, 2013, the U.S. Court of Appeals for the District of
Columbia Circuit, in Natural Resources Defense Council v. EPA, 706 F.3d
428 (D.C. Cir. 2013), issued a decision that remanded the 2008
PM2.5 NSR Implementation Rule. The court found that the EPA
erred in implementing the PM2.5 NAAQS in these rules solely
pursuant to the general implementation provisions of subpart 1 of part
D of title I of the CAA, rather than pursuant to the additional
implementation provisions specific to particulate matter nonattainment
areas in subpart 4. In particular, subpart 4 includes section 189(e) of
the CAA, which requires the control of major stationary sources of
PM10 precursors (and hence under the court decision,
PM2.5 precursors) ``except where the Administrator
determines that such sources do not contribute significantly to
PM10 levels which exceed the standard in the area.''
Accordingly, nonattainment NSR

programs that are submitted for PM2.5 nonattainment areas
must regulate all PM2.5 precursors, i.e., SO2,
NOX, VOC, and ammonia, unless the Administrator determines
that such sources of a particular precursor do not contribute
significantly to nonattainment in the nonattainment area.
    The EPA finalized a new provision at 40 CFR 51.165(a)(13) that
codifies this requirement, as it applies to PM2.5, in the
federal regulations. The PM2.5 SIP Requirements Rule, 81 FR
58010 (Aug. 24, 2016), describes three optional approaches for
demonstrating that a particular precursor is not a significant
contributor to ambient PM2.5 levels that exceed the standard
in a particular nonattainment area. These three precursor
demonstrations are: (a) Comprehensive precursor demonstration; (b)
major stationary source precursor demonstration; and (c) NNSR precursor
demonstration. If a state chooses to submit a precursor demonstration,
it must do so in accordance with provisions in the final rule. A state
may use this type of demonstration to justify that sources of the given
precursor may be excluded from certain PM2.5 attainment plan
requirements and/or NNSR requirements, although the particular sources
and requirements eligible for exclusion will depend on the type of
demonstration submitted. Section III.C of the preamble to the
PM2.5 implementation rule also outlines certain technical
issues, such as the appropriate geographic scope of a precursor
demonstration, recommended significance thresholds, and recommended
analytical approaches for evaluating precursor contributions to ambient
PM2.5 levels and the sensitivity of PM2.5 levels
in an area to decreases or increases of emissions. Subsequently, on
November 16, 2016, the EPA issued a draft guidance memorandum for
PM2.5 precursor demonstrations.\1\
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    \1\ Memorandum from Stephen D. Page, Director, Office of Air
Quality Planning and Standards, to Regional Air Division Directors,
``Draft PM2.5 Precursor Demonstration Guidance'' (Nov.
17, 2016). This memorandum is available in the docket for this
rulemaking.
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Utah's NNSR Program

    On May 10, 2001, the EPA sent Utah a letter outlining concerns with
Utah's nonattainment permitting rules, which are codified in UAC R307-
403 (Permits: New and Modified Sources in Nonattainment Areas and
Maintenance Areas).\2\ On August 20, 2013, with supporting
administrative documentation submitted on September 12, 2013, Utah
submitted revisions to their nonattainment permitting regulations,
specifically to address the EPA-identified concerns regarding their
nonattainment permitting regulations. These revisions addressed R307-
403-1 (Purpose and Definitions), R307-403-2 (Applicability), R307-403-
11 (Actual Plant-wide Applicability Limits (PALs)), and R307-420 (Ozone
Offset Requirements in Davis and Salt Lake Counties). The August 20,
2013 submittal also added VOC as a PM2.5 precursor to the
NNSR program; however, the submittal did not establish a significant
emissions rate (SER) for VOC to determine when a modification at an
existing major source would be a major modification subject to NNSR
review. On March 27, 2014, Utah submitted a revision to address the
omission and establish the VOC SER.
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    \2\ This letter is available in the docket for this rulemaking.
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    As a result of the 2013 NRDC v. EPA decision and the 2016
PM2.5 SIP Requirements Rule, including the new provision at
40 CFR 51.165(a)(13), as well as our review of the August 20, 2013
submittal, it became clear that Utah needed to submit further revisions
to address remaining deficiencies in the nonattainment permitting
program in order for the EPA to fully approve the August 20, 2013
submittal. Among those deficiencies was the lack of an analysis
demonstrating that sources of ammonia, as a PM2.5 precursor,
do not contribute significantly to PM2.5 levels that exceed
the NAAQS in nonattainment areas in the State. On September 30, 2016
Utah submitted to EPA a letter committing to address the remaining
deficiencies in the State's nonattainment permitting program in R307-
403 that were not addressed in the August 20, 2013 submittal, including
revisions to R307-403-2, R307-403-3, and R307-403-4. Specifically, Utah
committed:
    1. To either regulate ammonia as a PM2.5 precursors in
the NNSR program or demonstrate that sources of ammonia do not
contribute significantly to PM2.5 levels that exceed the
NAAQS in nonattainment areas in the state, consistent with new
provisions at 40 CFR 51.1006(a)(3);
    2. To revise R307-403-3, including R307-403-3(3), to remove the
reference to NNSR determinations being made ``at the time of the
source's proposed start-up date'';
    3. To revise R307-403-3, including R307-403-3(2) and R307-403-3(3),
to specify that NNSR permit requirements are applicable to all new
major stationary sources or major modifications located in a
nonattainment area that are major for the pollutant for which the area
is designated nonattainment;
    4. To revise R307-403-3, in addition to the previously adopted
definition of lowest achievable emission rate (LAER) in R307-403-1, to
explicitly state that it applies to all major new sources and major
modifications for the relevant pollutants in nonattainment areas;
    5. To revise R307-403-4 to incorporate the requirements from 40 CFR
51.165 that establish that all general offset permitting requirements
apply for all offsets regardless of the pollutant at issue, and to
revise the provision to impose immediate and direct general offset
permitting requirements on all new major stationary sources or major
modifications located in a nonattainment area that are major for the
pollutant for which the area is designated nonattainment;
    6. To revise R307-403-4 to reference the criteria discussed in
section IV.D. of 40 CFR 51, Appendix S; and
    7. To update R307-403 to include a new section that imposes
requirements that address emission offsets for PM2.5
nonattainment areas (as required in 40 CFR 51.165(a)(11)) on NNSR
sources in Utah. Utah will revise R307-403-3, including R307-403-
3(3)(c), to cross reference this new section, as well as the
requirements in R307-403-4, R307-403-5, and R307-403-6; and Utah
commits to work with the Utah Air Quality Board to revise this section
to include the requirements of CAA Section 173(c)(1) and 40 CFR 51.165
(specifically 40 CFR 51.165(a)(3)) concerning the requirement that
creditable reductions be calculated based on actual emissions for
offset purposes.
    Under section 110(k)(4) of the Act, the EPA may approve a SIP
revision based on a commitment by the state to adopt specific
enforceable measures by a date certain, but not later than one year
after the date of approval of the plan revision. Based on the September
30, 2016 commitment letter, on February 3, 2017 (82 FR 918), the EPA
conditionally approved Utah's August 20, 2013 submittal. For details of
our analysis of the deficiencies and Utah's commitment letter, please
see the October 31, 2016 notice for our proposed conditional approval.
81 FR 75361.

II. Proposed Action

March 27, 2014 Submittal

    The EPA is proposing to fully approve Utah's revisions submitted on
March 27, 2014. Utah submitted a revision to their definition of
``significant'' in R307-403-1(4)(b), which established a SER for VOC at
40 tons per year (tpy) in PM2.5 nonattainment areas. This
SER is used

to determine whether a modification at a major source is to be
considered major. This revision is consistent with the federal
definition of ``significant'' in 40 CFR 51.165(a)(1)(x) and we
therefore propose to approve it.

August 7, 2018 Submittal

    The EPA is proposing to fully approve Utah's revisions submitted on
August 7, 2018. The EPA proposes that these changes are consistent with
the CAA and EPA regulations for NNSR programs in 40 CFR 51.165. Please
refer to a cross-walk table in the docket for this action which
outlines how Utah's nonattainment permitting rules correlate with the
requirements of 40 CFR 51.165.
    Specifically, the August 7, 2018 submittal revises R307-101-2
(Definitions); R307-403-1 (Purpose and Definitions); R307-403-2
(Applicability); R307-403-3 (Review of Major Sources of Air Quality
Impact); R307-403-4 (Offsets: General Requirements); R307-403-5
(Offsets: Particulate Matter Nonattainment Areas); R307-403-7 (Offsets:
Baseline) and R307-403-9 (Construction in Stages). The submittal also
provides a technical demonstration for exempting ammonia as a
PM2.5 precursor in the Logan, UT-ID PM2.5
nonattainment area and a technical basis for setting an ammonia SER of
70 tpy in the Salt Lake City and Provo PM2.5 nonattainment
areas. If the EPA finalizes a full approval of Utah's August 7, 2018
submittal, the conditional nature of the August 20, 2013 submittal
would, at that time, become fully approved.
    Specifically, we are proposing to approve:
R307-101-2 (Definitions) and Logan Precursor Demonstration
    The August 7, 2018 submittal revised the definition of
``PM2.5 precursor'' in R307-101-2. Previously the definition
stated that SO2, NOX, and VOCs were
PM2.5 precursors. The revised definition states that
SO2, NOX, VOCs, and ammonia are precursors in all
PM2.5 nonattainment areas except where a demonstration
satisfying 40 CFR 51.1006(a)(3) (i.e., a NNSR precursor demonstration)
has, for a particular area, determined otherwise. We note that
51.1006(a)(3)(ii) requires EPA approval before the exemption applies.
The revision also specifically exempts ammonia as a PM2.5
precursor for NNSR purposes in the Logan, UT-ID nonattainment area.
    In accordance with 40 CFR 51.1006(a)(3), the state submitted a
technical demonstration that included photochemical model simulations
to evaluate the sensitivity of PM2.5 to increases in ammonia
emissions in the Logan nonattainment area. Specifically, Utah performed
model sensitivity simulations to evaluate the effect of increases in
ammonia emissions of 115 tpy from each of two hypothetical new or
modified point sources.\3\ The two hypothetical ammonia point source
emissions were set equal to the largest existing point source of
ammonia in the Cache Valley and were located 15 km north and 10 km
south of the Logan federal reference monitor site. Model simulations
were performed using both a ground level release and elevated stack
(254 m above ground level) release of the ammonia emissions. The added
ammonia emissions had no effect on the modeled concentrations
PM2.5 concentrations in the Cache Valley. This finding is
consistent with the ambient monitoring data that showed large, excess
ambient ammonia concentrations in the Cache Valley during
PM2.5 episodes. The excess gas ammonia indicates that
ammonia nitrate formation in the Cache Basin is limited by the
availability of nitric acid and would be relatively insensitive to
changes in ammonia emissions. The high concentrations of ammonia are
associated with intensive livestock operations within the Cache Basin.
Under these conditions, formation for ammonium nitrate is limited by
the availability of nitric acid and is insensitive to increases in
ammonia emissions.
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    \3\ Logan Moderate PM2.5 SIP NNSR Demonstration.
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    Based on the addition of all four precursors to the NNSR program,
except for ammonia in the Logan nonattainment area, and our review of
the submitted technical demonstration for the Logan nonattainment area,
we propose to approve the revisions to R307-101-2.
R307-403-1 (Purpose and Definitions)
    Utah also performed model simulations to evaluate sensitivity of
ammonium nitrate to changes in ammonia emissions in the Provo and Salt
Lake nonattainment areas. In these basins, Utah found that ammonia
nitrate was sensitive to 50% reductions in total emissions. This
finding is consistent with ambient monitoring data which indicates that
ammonia nitrate formation can sometimes be ammonia limited during
intense inversion episodes, especially in the Salt Lake nonattainment
area.\4\ Thus, Utah concluded that PM2.5 formation is
sensitive to changes in ammonia emissions.\5\ Accordingly, the
revisions to R307-403-1 specify that ammonia remains a PM2.5
precursor in the Provo and Salt Lake nonattainment areas, and also
specifies what emission rates are considered ``significant'' for
ammonia as a precursor to PM2.5. The revisions to R307-401-1
also add text clarifying the EPA's role in approving demonstrations
satisfying 40 CFR part 51.1006(a)(3).
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    \4\ A comparison of AMoN measurements with localize, arrayed
passive NH3 samplers in Northern Utah, presentation by Dr. Randall
Martin and Dr. Munkh Baasandorj, available at: http://nadp.slh.wisc.edu/conf/2016/pptpdf/111_martin.pdf.
    \5\ We note that Utah did not submit modeling specifically
showing that PM2.5 formation is sensitive to ammonia
increases. However, the PM2.5 SIP Requirements Rule does
not require a state to analyze precursor increases when the state is
regulating the precursor in the NNSR program; analysis of precursor
increases is only required when a state wants to exempt the
precursor.
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    As discussed above, the 2016 PM2.5 SIP Requirements Rule
provides for optional precursor demonstrations to exempt sources of the
precursor from NNSR. In the absence of a demonstration the precursor
(SO2, NOX, VOC, or ammonia) must be regulated in
the NNSR program. This includes establishing a SER for each precursor
in order to determine whether a modification at an existing major
stationary source is a major modification and therefore subject to
NNSR. Our regulations for NNSR contain SERs for SO2,
NOX, and VOC; however, the EPA explained that the definition
of ``significant'' in 40 CFR 165(a)(1)(x) does not contain a SER for
ammonia as a precursor to PM2.5 in PM2.5
nonattainment areas and stated that a national rulemaking to develop a
SER for ammonia was neither warranted or effective. In the
PM2.5 SIP Requirements Rule, the EPA finalized a provision
that requires states that must regulate modified major stationary
sources of ammonia to develop and submit a definition of
``significant,'' such as an appropriate SER, for ammonia to be included
in the state's SIP (see 40 CFR 51.165(a)(1)(x)(F)). The EPA recommended
that states consult with the appropriate EPA Regional Office to develop
an ammonia SER as a means of defining ``significant'' for a particular
nonattainment area. In the PM2.5 SIP Requirements Rule, 81
FR 51844/3, the EPA stated that the ammonia SER in a Moderate
nonattainment area should be no greater than 100 tpy, and no greater
than 70 tpy in a Serious PM2.5 nonattainment area. The
rulemaking also stated that states which regulate ammonia as a
PM2.5 precursor should submit to the EPA a technical
justification for their ammonia SER for a nonattainment area that the

state includes as part of their nonattainment permitting SIP rules.
    The EPA Region 8 has worked closely with Utah in developing Utah's
technical justification for the ammonia SER. Utah performed additional
model simulations using the CAMx model to evaluate the sensitivity of
PM2.5 to increases in ammonia emissions for major source
modifications within the Provo and Salt Lake nonattainment areas.\6\ As
described above and in more detail in the TSD, the CAMx model was
evaluated for a January 2011 multi-day PM2.5 episode, and
model sensitivity to ammonia was also evaluated for this episode. Utah
added three fictitious ammonia point sources to the Salt Lake
nonattainment area, each with increased ammonia emissions of 70 tpy,
for a cumulative increase of 210 tpy in ammonia emissions. Utah
evaluated the model response over the entire nonattainment area and
found that the model grid cell with the largest increase in
PM2.5 was 1.13 micrograms per cubic meter (ug/m\3\). This is
less than the 1.3 ug/m\3\ significance threshold recommended in the EPA
PM2.5 precursor guidance. Utah performed similar modeling in
the Provo nonattainment area with 70 tpy increased emissions for two
fictitious point sources, located close to existing major point
sources, for a cumulative increase of 140 tpy, and found that the model
increases in PM2.5 were below the 1.3 ug/m\3\ significance
threshold. Thus, Utah concluded that the 70 tpy SER threshold was
appropriate for both the Salt Lake and Provo nonattainment areas. The
EPA finds that the Utah ammonia sensitivity modeling was performed
consistent with EPA modeling guidance, and that the model sensitivity
to increases in point sources of ammonia supports the 70 tpy SER
threshold. We therefore propose to approve the 70 tpy SER and other
revisions to R307-403-1.
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    \6\ ``Establishing an Ammonia Threshold for Major Source
Modification,'' Utah Division of Air Quality, June 21, 2018,
available in the docket.
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R307-403-2 (Applicability)
    Utah corrected and clarified text to ensure a more comprehensive
application of federal nonattainment permitting requirements. Utah
committed to revise R307-403-3, including R307-403-3(2) and R307-403-
3(3), to specify that NNSR permit requirements are applicable to all
new major stationary sources or major modifications located in a
nonattainment area that are major for the pollutant for which the area
is designated nonattainment. This was addressed in revisions to R307-
403-2(10.)
R307-403-3 (Review of Major Sources of Air Quality Impact)
    As discussed above, Utah committed to: (1) Revise R307-403-3(3) to
remove the reference to NNSR determinations being made ``at the time of
the source's proposed start-up date''; (2) Revise R307-403-3, including
R307-403-3(2) and R307-403-3(3), to specify that NNSR permit
requirements are applicable to all new major stationary sources or
major modifications located in a nonattainment area that are major for
the pollutant for which the area is designated nonattainment; and (3)
Revise R307-403-3, in addition to the previously adopted definition of
lowest achievable emission rate (LAER) in R307-403-1, to explicitly
state that LAER applies to all major new sources and major
modifications for the relevant pollutants in nonattainment areas.
    Utah's revisions to R307-403-3 submitted on August 7, 2018 satisfy
all of these commitments. In addition, Utah also updated the
significance level thresholds table, adding particulate matter and
nitrogen oxide limits, which meet the requirements in 40 CFR
51.165(a)(13)(b).
R307-403-4 (General Offset Requirements)
    Utah committed to revise R307-403-4 to incorporate the requirements
from 40 CFR 51.165 to establish that all general offset permitting
requirements apply for all offsets regardless of the pollutant at
issue, and to revise the provision to impose immediate and direct
general offset permitting requirements on all new major stationary
sources or major modifications located in a nonattainment area that are
major for the pollutant for which the area is designated nonattainment.
Utah's revisions to R307-403-3 submitted on August 7, 2018, satisfy
this commitment. Utah also committed to add a section to their
nonattainment rules which address emission offset requirements for
PM2.5 nonattainment areas, as required in 40 CFR
51.165(a)(11.) This new section was added to R307-403-5.
R307-403-5 (Offsets: Particulate Matter Nonattainment Areas)
    Previously, this section addressed emission offsets for
PM10 nonattainment areas. The August 7, 2018 revision(?)
adds a new section to R307-403-5 to address emission offset
requirements for PM2.5 nonattainment areas. In addition, the
text was amended and slightly reorganized to clarify the distinction
between the PM10 and PM2.5 offset requirements.
    The new PM2.5 section (R307-403-5(2)) addresses the new
PM2.5 requirements set out in the PM2.5 SIP
Requirements Rule as they apply to offsets. First, the section
reiterates the major stationary source threshold at 100 tpy and 70 tpy
of PM2.5 or a PM2.5 precursor (as specified by
the provisions above; i.e., SO2, NOX, and VOC in
the Logan, UT-ID area and SO2, NOX, VOC, and
ammonia in the Salt Lake and Provo areas), respectively, for Moderate
and Serious PM2.5 nonattainment areas. Second, it reiterates
the SERs discussed above for PM2.5 (i.e., 10 tpy direct
PM2.5, 40 tpy SO2, 40 tpy NOX, 40 tpy
VOC, and, in the Salt Lake and Provo nonattainment areas, 70 tpy
ammonia). This section then requires new major stationary sources and
major modifications to obtain offsets at a ratio of 1:1 (or at a more
stringent ozone or PM10 offset ratio if one applies) and
does not allow interpollutant trading. We propose to approve the
revisions to R307-403-5 as consistent with the requirements for
applicability and offsets found in 40 CFR 51.165.
R307-403-7 (Offsets: Baseline)
    Utah's submittal clarifies the requirement that credit for
reductions for offset purposes (in accordance with CAA Section
173(c)(1) and 40 CFR 51.165(a)(3)) should be calculated based on actual
emissions. The revisions to R307-403-7 adds the sentence: ``The offset
baseline shall be the actual emissions, as defined in R307-401-2, of
the source from which credits are obtained.'' This sentence is
essentially identical to the last sentence in 40 CFR 51.165(a)(3),
except it refers to a separate definition of ``actual emissions.'' This
separate definition of ``actual emissions'' in R307-401-2 is identical
to that in 40 CFR 51.165. We therefore propose to approve this
revision.
R307-403-9 (Construction in Stages)
    The previous version of R307-403-9 provided that for a source
constructed in stages, each of which have a potential to emit (PTE)
below 100 tpy, the allowable emissions for each stage would be added
together to determine NNSR applicability. Utah revised this section to
replace 100 tpy with ``the significance level for determining a major
source'' to reflect that the reclassification to Serious for two areas
has changed the relevant thresholds. We propose to approve this change.

III. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
(RFP) toward attainment of the NAAQS, or any other applicable
requirement of the Act. In addition, section 110(l) requires that each
revision to an implementation plan submitted by a state shall be
adopted by the state after reasonable notice and public hearing.
    The Utah SIP revisions that the EPA is proposing to approve do not
interfere with any applicable requirements of the Act. The revisions to
R307-101-2 and R307-403 submitted by Utah on March 27, 2014, and August
7, 2018, do not relax any existing requirements and are intended to
meet applicable requirements of the Act. Therefore, CAA section 110(l)
requirements are satisfied.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the Utah rules promulgated in the DAR, R307-400 Series as
discussed in section III of this preamble. 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 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 proposes to approve 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 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, 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 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,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

     May 30, 2019.
Debra Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2019-11700 Filed 6-4-19; 8:45 am]
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[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Notices]
[Page 39037]
[FR Doc No: 2019-17120]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Commission will host the SEC Government-Business Forum on Small
Business Capital Formation on Wednesday, August 14, 2019 beginning at
9:00 a.m. (CT).

PLACE: The forum will be held at Creighton University, Hixson-Lied
Auditorium in the Mike and Josie Harper Center, 602 North 20th Street,
Omaha, NE 68178. The panel discussions will be webcast on the
Commission's website at www.sec.gov.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The forum will include remarks by SEC
Commissioners and panel discussions that Commissioners may attend. The
panel discussions will explore capital formation in the Silicon Prairie
area and the Commission's request for public comment on ways to
harmonize private securities offering exemptions. This Sunshine Act
notice is being issued because a majority of the Commission may attend
the meeting.

CONTACT PERSON FOR MORE INFORMATION: For further information, please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: August 6, 2019.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2019-17120 Filed 8-6-19; 4:15 pm]
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