EPA Disapproves Utah Maintenance Plan SIP

December 1, 2009—Federal Register

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52
[EPA–R08–OAR–2006–0013; FRL–9087–5]
Approval and Promulgation of Air Quality Implementation Plans; Utah; Redesignation Request and
Maintenance Plan for Salt Lake County; Utah County; Ogden City PM10 Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to disapprove the State of Utah’s requests under the Clean Air Act to redesignate
the Salt Lake County, Utah County, and Ogden City PM10 nonattainment areas to attainment, and to approve some and
disapprove other associated State Implementation Plan (SIP) revisions. The Governor of Utah submitted the redesignation requests and associated SIP revisions on September 2, 2005.

EPA is proposing to disapprove the redesignation requests because the areas do not meet all Clean Air Act requirements for redesignation. Regarding the SIP revisions, EPA is proposing to approve several definitions in Utah rule R307–101–2 (‘‘Definitions’’) and portions of Utah rule R307–302 (‘‘Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and
Stoves’’). EPA is proposing to approve these SIP revisions because they meet Clean Air Act requirements.

EPA is proposing to disapprove the maintenance plans for Salt Lake County, Utah County, and Ogden City, including the motor vehicle emissions budgets in those plans. EPA is also proposing to disapprove all other SIP revisions that the Governor submitted on September 2, 2005 that EPA is not proposing to approve, except that EPA is proposing to take no action on revised Utah rule R307–310 (‘‘Salt Lake County: Trading of Emission Budgets for Transportation Conformity’’). EPA is proposing to
disapprove these SIP elements because they do not meet Clean Air Act requirements. EPA is proposing to take no action on Utah’s revised R307–310 because acting on the revised rule would serve no purpose. EPA is also proposing that it need not act on certain revisions to the Utah PM10 SIP that the Governor submitted on July 11, 1996 and June 2, 1997. These revisions have been superseded by subsequent revisions to the Utah PM10 SIP.

This action is being taken under sections 107, 110, and 175A of the Clean Air Act.

UMA’s Environment Committee is formulating comments on this action regarding the disapproval of the maintenance plans for Salt Lake County, Utah County and Ogden City. This is the provision that protects commercial and industrial sources from violating the Clean Air Act when equipment breaks down or is down for routine maintenance.