On January 29, 2020, the Utah Division of Air Quality (UDAQ) submitted to the United States Environmental Protection Agency (USEPA) a Transport State Implementation Plan (SIP) for the 2015 8-hour Ozone National Standard. This SIP was reviewed by the USEPA and portions were returned on February 13, 2023 with disapproval. The areas that were rejected were due to the noncompliance of the SIP to the USEPA’s newly developed Federal Implementation Plan (FIP) which focuses on the interstate transport of air pollutants. This FIP, also known as the Good Neighbor Rule, was established in order to combat the effect that emissions from upwind states can have on the ability of downwind states to attain and maintain National Ambient Air Quality Standards (NAAQS).
In this rule, states and USEPA are required to prohibit emissions that would significantly contribute to the nonattainment or maintenance of a NAAQS by a downwind state. Within UDAQ’s submittal of the Utah SIP there was no inclusion of additional controls on any emission units in Utah. UDAQ instead argued certain technical and legal aspects of the USEPA’s analysis and rulemaking regarding ozone emission thresholds.
Utah files air plan review petition
On the same day as the SIP was officially disapproved, the State of Utah filed a petition to the court to review the Utah portion of USEPA’s Air Plan Disapprovals; Interstate Transport of Air Pollution for the 2015 8-hour Ozone National Ambient Air Quality Standards. After this review, the 10th Circuit Court of Appeals granted a stay of USEPA’s final disapproval of Utah’s SIP on July 27, 2023. Reasoning for this stay stands on the restriction that the USEPA cannot enforce a FIP without first disapproving the SIP. Only after the official disapproval of a SIP is the USEPA able to develop and finalize a FIP. Because of this, the interstate transport rules FIP is not enforceable in Utah at this time and sources in Utah are not required to adhere to such restrictions so long as the stay remains in place. This ruling was confirmed by USEPA in a notice sent on August 2, 2023.
EPA proposes interim rule
In response to the court ruling, USEPA has proposed an Interim Rule for states that have been granted a stay from SIP disapproval. The Interim Rule will apply only to states who were previously covered under interstate transport rules related to the 1997 and 2008 8-hour ozone standards. Because none of the previous interstate transport rules included the state of Utah, Utah will not be subject to USEPA’s Interim Rule.
Further rulings and adjustments to federal regulations will impact industrial facilities within the Northern Wasatch Front. Trinity Consultants has substantial experience helping sources throughout Utah and the country to prepare, and strategically plan for SIPs. If companies would like to discuss the upcoming SIP for the 2015 8-hour ozone standard as well as the subsequent legal implications and how they may impact their facility, please contact Trinity’s Salt Lake City office or call 801.946.7342.
