6560-50-P
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2020-0098; FRL-12019-01-R8]
Air Plan Approval; State of Utah; Utah State Implementation Plan Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: The Environmental Protection Agency (EPA) is approving State Implementation
Plan (SIP) revisions submitted by the State of Utah on April 19, 2018; May 21, 2020; and July
21, 2020. These SIP submissions include revisions to air quality rules within Utah
Administrative Code (UAC) title R307. EPA is taking this action pursuant to the Clean Air Act
(CAA or the Act).
DATES: This rule is effective on [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R08OAR-2020-0098. All documents in the docket are listed on the https://www.regulations.gov
website. 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, is not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, Colorado, 802021129, telephone number: (303) 312-6602, email address: ostigaard.crystal@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document “we,” “us,” and “our”
means EPA.
I. Background
The background and legal basis for this action are discussed in detail in our November 6,
2020 proposal (85 FR 71023).1 We proposed to approve the Governor of Utah’s submittal of
May 21, 2020, including revisions to UAC R307-110-32 (which incorporates by reference Utah
SIP section X.B., the vehicle inspection and maintenance (I/M) program for Davis County) and
R307-110-35 (which incorporates by reference Utah SIP section X.E., the vehicle I/M program
for Weber County).
Additionally, we proposed to approve SIP revisions and new rules submitted by the Utah
Division of Air Quality (UDAQ) on April 19, 2018, May 21, 2020, and July 21, 2020,
specifically UAC R307-208, R307-230, R307-304, R307-335, R307-343, R307-344, R307-345,
R307-346, R307-347, R307-348, R307-349, R307-350, R307-351, R307-352, R307-353, R307354 and R307-355.
II. Response to Comments
Our proposed rulemaking provided notice of a 30-day public comment period. On
November 10, 2020, Utah Physicians for a Healthy Environment submitted a request to extend
the comment period by thirty days and for EPA to grant a formal, online hearing. EPA reviewed
this request but denied it, maintaining the original December 7, 2020, comment deadline and
declining to hold the requested hearing.2 EPA received no comments specific to these four
submittals.

The November 6, 2020 (85 FR 71023) proposed rule also contained our proposed approvals of the Salt Lake City
and Provo Serious PM2.5 redesignation requests; maintenance plans; the maintenance plans’ 2035 motor vehicle
emissions budgets (MVEB) for emissions of direct PM2.5, nitrogen oxides (NOx) and volatile organic compounds
(VOC); each maintenance plan’s budget trading mechanisms related to emissions of PM2.5 precursors; UT SIP
sections IX.H.11, 12, and 13; R307-110-10; R307-110-17; and each nonattainment area’s (NAA) full best available
control measure/best available control technology (BACM/BACT) determinations for major stationary sources, area
sources, and on-road and off-road mobile sources. We are not taking final action on any of these proposed
submissions within this action but will be addressing them in one or more future actions.
2 Located within the docket, titled “11-10-2020 public comment – Dr. Moench_EPA Response.”
III. Final Action
We are approving the submittal of May 21, 2020, with revisions to R307-110-32, R307110-35 (including the incorporated-by-reference revisions to Utah SIP Sections X.B. and X.E.,
which are the I/M programs for Davis and Weber Counties), but we are not acting on appendix D
(Diesel Inspection Procedures) or appendix F (Diesel Fueled Vehicle Test Procedure) of Utah
SIP sections X.B. and X.E., respectively.3 The diesel inspection and testing procedures in these
two appendices are not required submissions under CAA section 110(c) or required plan items
under CAA section 179, and EPA has not promulgated criteria for evaluating them in 40 CFR
part 51, subpart S. Further, there is a lack of correlation between opacity and particulate matter
(PM) mass emissions in diesel vehicles, and relevant literature and studies suggest that adjusting
diesel vehicles to reduce the opacity of emissions may result in an increase in emissions of NOx,
which is a precursor to the formation of PM2.5.4
EPA is also approving Utah UAC sections R307-200 and R307-300 revisions and new
rules submitted by UDAQ on April 19, 2018, May 21, 2020, and July 21, 2020, which strengthen
the SIP. These rules are R307-208, R307-230, R307-304, R307-335, R307-343, R307-344,
R307-345, R307-346, R307-347, R307-348, R307-349, R307-350, R307-351, R307-352, R307353, R307-354 and R307-355.
The revisions being approved in this final action clarify several area source rules,
including reorganizing provisions related to work practices and recordkeeping, and make other
general administrative updates. In this final rule we are not determining that any rule satisfies
BACM requirements for the Serious PM2.5 nonattainment areas (NAAs), nor are we

General information on diesel vehicles in I/M Programs: https://www.epa.gov/state-and-localtransportation/vehicle-emissions-inspection-and-maintenance-im-information-state; February 1995, EPA-AAEPSD-IM-94-1226, EPA I/M Briefing Book – Everything You Ever Wanted to Know About Inspection and
Maintenance (pg. 146-147); April 3, 1997, Guidance to States on In-Use Smoke Test Procedure for Highway
Heavy-Duty Diesel Vehicles; and February 25, 1999, Guidance to States on Smoke Opacity Cutpoints to be used
with the SAE J1667 In-Use Smoke Test Procedures.
4 McCormick, R.; Graboski, M.; Alleman, T.; Alvarez, J.; Environ. Sci. Technol. 2003, 37, 630-637.
reconsidering the substantive approvability under the CAA of provisions that have been
previously approved into the SIP.
IV. Environmental Justice Considerations
EPA reviewed demographic data, which provides an assessment of individual
demographic groups of the populations living within the Salt Lake City and Provo PM2.5 NAAs.5
EPA then compared the data to the national average for each of the demographic groups. The
results of this analysis are being provided for informational and transparency purposes. The
results of the demographic analysis indicate that, for populations within the Salt Lake City PM2.5
NAA, the percentage of the population consisting of people of color is less than the national
average (25% vs. 40%). For populations within the Provo PM2.5 NAA, the results of the
demographic analysis indicate that the percentage of the population consisting of people of color
is less than the national average (18% vs. 40%). The percentage of people living below the
poverty level in the Salt Lake City PM2.5 NAA is lower than the national average (23% vs. 30%).
For the Provo PM2.5 NAA, the percentage of people living below the poverty level is lower than
the national average (27% vs. 30%).
This final action approves state rules and rule revisions into the SIP and will establish
federally enforceable requirements that will reduce emissions of PM2.5 and PM2.5 precursors. We
expect that this action and the resulting emissions reductions will be neutral or will contribute to
reduced environmental and health impacts on all populations in the NAAs, including people of
color and low-income populations in the Salt Lake City and Provo PM2.5 NAAs. Further, there is
no information in the record indicating that this action is expected to have disproportionately
high or adverse human health or environmental effects on a particular group of people.
V. Incorporation by Reference

The Salt Lake City and Provo PM2.5 NAA boundaries can be found at: https://www.ecfr.gov/current/title40/chapter-I/subchapter-C/part-81/subpart-C/section-81.345, within the Utah – 2006 24-Hour PM2.5 NAAQS table.
In this document, EPA is taking final action to approve regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is taking final
action to approve the incorporation by reference of: R307-110-32; R307-110-35; R307-208;
R307-230; R307-304; R307-335; R307-343; R307-344; R307-345; R307-346; R307-347; R307348; R307-349; R307-350; R307-351; R307-352; R307-353; R307-354; R307-355; Utah SIP
section X.B., excluding appendix D; and Utah SIP section X.E., excluding appendix F, as
discussed in section III. of this preamble. EPA has made, and will continue to make, these
materials generally available through https://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). Therefore, these materials have
been approved by EPA for inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the
CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated
by reference in the next update to the SIP compilation.6
VI. 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, EPA’s role is to approve state choices, provided
that they meet the criteria of the Clean Air Act. Accordingly, this action approves 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);

See 62 FR 27968 (May 22, 1997).

•

Does not impose an information collection burden under 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, described in the Unfunded Mandates Reform Act of 1995 (Public Law 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);
and
•

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.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area
where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Accordingly, the 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).
Finally, Executive Order 12898 (Federal Actions To Address Environmental Justice in
Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs federal
agencies to identify and address “disproportionately high and adverse human health or
environmental effects” of their actions on minority populations and low-income populations to
the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as

“the fair treatment and meaningful involvement of all people regardless of race, color, national
origin, or income with respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.” EPA further defines the term fair treatment to
mean that “no group of people should bear a disproportionate burden of environmental harms
and risks, including those resulting from the negative environmental consequences of industrial,
governmental, and commercial operations or programs and policies.” The air agency did not
evaluate environmental justice considerations as part of its SIP submittal; the CAA and
applicable implementing regulations neither prohibit nor require such an evaluation. Consistent
with EPA’s discretion under the CAA, EPA has evaluated the environmental justice
considerations of this action, as is described above in the section titled, “Environmental Justice
Considerations.” Due to the nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area. In addition, there is no
information in the record inconsistent with the stated goal of EO 12898 of achieving
environmental justice for people of color, low-income populations, and Indigenous peoples.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report, which includes a copy of the
rule, to each House of the Congress and to the Comptroller General of the United States. EPA
will submit a report containing this action and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the United States prior to
publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action
must be filed in the United States Court of Appeals for the appropriate circuit by [INSERT
DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

Filing a petition for reconsideration by the Administrator of this final rule does not affect the
finality of this action for the purposes of judicial review nor does it extend the time within which
a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule
or action. This action may not be challenged later in proceedings to enforce its requirements (see
section 307(b)(2)).
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: June 17, 2024.
KC Becker,
Regional Administrator,
Region 8.

For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows:
PART 52–APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart TT–Utah
2. In § 52.2320:
a. In the table in paragraph (c):
i. Revise the entries “R307-110-32” and “R307-110-35”;
ii. Add the center heading “R307-208. Outdoor Wood Boilers” and the entry “R307-208” in
numerical order;
iii. Add the center heading “R307-230. NOx Emission Limits for Natural Gas-Fired Water
Heaters” and the entry “R307-230” in numerical order;
iv. Add the center heading “R307-304. Solvent Cleaning” and the entry “R307-304” in
numerical order;
v. Revise the center heading “R307-335. Degreasing and Solvent Cleaning Operations” to read
“R307-335. Degreasing” and the entry “R307-335”; and
vi. Revise the entries “R307-343”, “R307-344”, R307-345”, “R307-346”, “R307-347”, “R307348”, “R307-349”, “R307-350”, “R307-351”, “R307-352”, “R307-353”, “R307-354”, and
“R307-355”.
b. In the table in paragraph (e):
i. Revise the entries “Section X.B. Davis County” and “Section X.E. Weber County”.
The revisions and additions read as follows:
§ 52.2320 Identification of plan.
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(c) * * *

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Rule No.
*

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State effective
date

Rule title
*

*

*

Final rule
citation, date

Comments

*

R307-110. General Requirements: State Implementation Plan
*

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*

*

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R307-110-32

*

*

*

*

*

*

*

*

*

*

*

*

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3/4/2020

[insert Federal
Register
citation], [insert
date of
publication in
the Federal
Register]

Excluding
appendix D.

3/4/2020

[insert Federal
Register
citation], [insert
date of
publication in
the Federal
Register]

Excluding
appendix F.

*

Section X,
Vehicle
Inspection and
Maintenance
Program, Part E,
Weber County
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R307-208. Outdoor Wood Boilers
[insert Federal
Outdoor Wood
4/10/2013
Register
Boilers
citation], [insert
date of
publication in
the Federal
Register]

R307-208

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Section X,
Vehicle
Inspection and
Maintenance
Program, Part B,
Davis County

R307-110-35

*

*

*

*

*

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R307-230. NOx Emission Limits for Natural Gas-Fired Water Heaters
[insert Federal
R307-230
NOx Emission
4/3/2017
Register
Limits for
citation], [insert
Natural Gasdate of
Fired Water
publication in
Heaters
the Federal
Register]
*

*

*

*

*

*

*
R307-304. Solvent Cleaning

R307-304

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*

*

Solvent Cleaning 12/6/2017

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*

[insert Federal
Register
citation], [insert
date of
publication in
the Federal
Register]

*
R307-335. Degreasing

R307-335

*

*

*

Degreasing

*

*

*

10/29/2017

[insert Federal
Register
citation], [insert
date of
publication in
the Federal
Register]

*

R307-343. Emissions Standards for Wood Furniture Manufacturing Operations
[insert Federal
R307-343
Emissions
12/6/2017
Register
Standards for
citation], [insert
Wood Furniture
date of
Manufacturing
publication in
Operations
the Federal
Register]
R307-344. Paper, Film, & Foil Coatings
R307-344

R307-345

Paper, Film, &
Foil Coatings

12/6/2017

[insert Federal
Register
citation], [insert
date of
publication in
the Federal
Register]

R307-345. Fabric & Vinyl Coatings
[insert Federal
Fabric & Vinyl
12/6/2017
Register
Coatings
citation], [insert
date of
publication in
the Federal
Register]
R307-346. Metal Furniture Surface Coatings

R307-346

R307-347

R307-348

R307-349

R307-350

R307-351

Metal Furniture
Surface Coatings

12/6/2017

[insert Federal
Register
citation], [insert
date of
publication in
the Federal
Register]

R307-347. Large Appliance Surface Coatings
[insert Federal
Large Appliance 12/6/2017
Register
Surface Coatings
citation], [insert
date of
publication in
the Federal
Register]
R307-348. Magnet Wire Coatings
[insert Federal
Magnet Wire
12/6/2017
Register
Coatings
citation], [insert
date of
publication in
the Federal
Register]
R307-349. Flat Wood Panel Coatings
[insert Federal
Flat Wood Panel 12/6/2017
Register
Coatings
citation], [insert
date of
publication in
the Federal
Register]
R307-350. Miscellaneous Metal Parts & Products Coatings
[insert Federal
Miscellaneous
12/6/2017
Register
Metal Parts &
citation], [insert
Products
date of
Coatings
publication in
the Federal
Register]
R307-351. Graphic Arts
[insert Federal
Graphic Arts
12/6/2017
Register
citation], [insert
date of
publication in
the Federal
Register]
R307-352. Metal Container, Closure & Coatings

R307-352

Metal Container,
Closure &
Coatings

12/6/2017

[insert Federal
Register
citation], [insert
date of
publication in
the Federal
Register]

R307-353. Plastic Parts Coatings
[insert Federal
Plastic Parts
12/6/2017
Register
Coatings
citation], [insert
date of
publication in
the Federal
Register]

R307-353

R307-354. Automotive Refinishing Coatings
[insert Federal
Automotive
12/6/2017
Register
Refinishing
citation], [insert
Coatings
date of
publication in
the Federal
Register]

R307-354

R307-355. Control of Emissions from Aerospace Manufacture & Rework Facilities
[insert Federal
R307-355
Control of
12/6/2017
Register
Emissions from
citation], [insert
Aerospace
date of
Manufacture &
publication in
Rework
the Federal
Facilities
Register]
*

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(e) * * *
State effective
date

Rule title

*

*

*

*

*

*

Final rule
citation, date

*

X. Vehicle Inspection and Maintenance Program
*

*

*

*

*

*

*

Comments

Section X.B. Davis County

*

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*

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*

*

*

*

*

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[insert Federal
Register
citation], [insert
date of
publication in
the Federal
Register]

3/4/2020

[insert Federal
Register
citation], [insert
date of
publication in
the Federal
Register]

*

Section X.E. Weber County

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3/4/2020

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[FR Doc. 2024-14136 Filed: 6/28/2024 8:45 am; Publication Date: 7/1/2024]