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Proposed Rule

Federal Implementation Plan To Establish a Bank for Ozone Precursor Emission Reduction Credits From Existing Sources on Indian Country Lands Within the Uinta Basin Ozone Nonattainment Area

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Environmental Protection Agency (EPA).


Advance notice of proposed rulemaking; extension of comment period.


On May 24, 2019, the Environmental Protection Agency (EPA) published in the Federal Register an advance notice of proposed rulemaking (ANPRM) to solicit broad feedback on different approaches to establish an emission reduction credit (ERC) bank for ozone precursors, specifically volatile organic compounds (VOCs) and nitrogen oxides (NOX), as part of a Clean Air Act (CAA) Federal Implementation Plan (FIP) applicable to stationary sources on Indian country lands within the Uintah and Ouray Indian Reservation (U&O Reservation). The EPA is extending the comment period for the ANPRM until August 7, 2019.


Written comments must be received on or before August 7, 2019.


Submit your comments, identified by Docket ID No. EPA-R08-OAR-2019-0002, to the Federal Rulemaking Portal: Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from 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​dockets/​commenting-epa-dockets.

Docket: All documents in the docket are listed in the 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 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.

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Chris Dresser, Air and Radiation Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385,

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Throughout this document wherever “we,” “us,” or “our” is used, we mean the EPA.

The purpose of the ANPRM (84 FR 24064) was to solicit broad feedback on different approaches to establish an ERC bank for ozone precursors. Such ERCs may be generated and used for several air quality planning purposes. Specifically, the credits could be used in assisting in achievement of the ozone National Ambient Air Quality Standard (NAAQS), general conformity demonstrations, and nonattainment new source review (NNSR) permitting related to development of new VOC and NOX emissions sources in the Uinta Basin Ozone Nonattainment Area in Utah. The EPA designated portions of the “Uinta Basin” region nonattainment for the 2015 Ozone NAAQS, effective August 3, 2018.

We received requests from the Western Energy Alliance (WEA) and the Utah Petroleum Association (UPA) on June 24, 2019, and from the Ute Tribal Business Committee on June 25, 2019, to extend the comment period. In response, we are extending the comment period to August 7, 2019.[1]

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List of Subjects in 40 CFR Part 49

  • Environmental protection
  • Air pollution control
  • Intergovernmental relations
  • Nitrogen dioxide
  • Particulate matter
  • Reporting and recordkeeping requirements
  • Sulfur oxides
  • Volatile organic compounds
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Authority: 42 U.S.C. 7401 et seq.

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Dated: June 28, 2019.

Greg Sopkin,

Regional Administrator, EPA Region 8.

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1.  Copies of the letters requesting the extension appear in the docket for this action.

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[FR Doc. 2019-14247 Filed 7-2-19; 8:45 am]