DAQ-2024-009980

Ryan Bares <[e-mail]>
amendment to nwf rfp
Joro Walker <[e-mail]>Tue, Sep 3, 2024 at 5:33 PM
To: "[e-mail]" <[e-mail]>, "[e-mail]" <[e-mail]>
Cc: Jessica Loeloff <[e-mail]>, Sophie Hayes <[e-mail]>
Dear Ryan and Erica,

Thank you for this opportunity to comment on the Amendments to the Northern Wasatch Front (NWF)
Moderate Ozone SIP Reasonable Further Progress Demonstration.

In that proposed amendment, the Division of Air Quality asserts that it has already met the Clean Air Act
section 182(b)(1)(A)(i) requirement that it demonstrate VOC emission reductions of at least 15 percent
within 6 years of the NWF being designated as a nonattainment area. See RFP Amendment at 112. Rather
than proposing additional VOC emission reductions, the Division now claims that it complied with 182(b)(1)
(A)(i) when it reduced VOC emissions as part of its PM2.5 state implementation plans. Id.

However, the Division cannot claim credit for emission reductions made in response to the designation of
some portion of the NWF as a nonattainment area for the 24-hour PM2.5 NAAQS. EPA has repeatedly
confirmed that for an ozone nonattainment area “that has not previously adopted and implemented a SIP
providing for a 15 percent reduction in VOC emissions consistent with CAA section 182(b)(1)” an air quality
agency “must provide for a 15 percent reduction in VOC emissions in the 6 years following the baseline
emissions inventory year.” 80 Fed. Reg. 12264, 12275 (March 6, 2015); see also Draft Ozone SIP at 110
(Because “the NWF does not have a previously approved ROP plan related to ozone, the state must meet the
182(b)(1)(A) requirements for this moderate SIP”).

The sources the Division now cites do not change this result. Rather, these authorities apply only to the
narrow circumstances when states received credit for VOC emission reductions previously secured in the
context of the 1-hour ozone NAAQS. In these cases, when EPA revised the 1-hour ozone standard to an 8-
hour standard, states that had already met 182(b)(1)(A)(i) pursuant to the 1-hour standard were not required
to do so again in the context of the 8-hour standard.

Therefore, the Division is wrong to suggest that in its Moderate Ozone SIP it be credited from VOC
emissions achieved in its PM2.5 SIPs. Because no relevant changes have been made as a result of the
amended Reasonable Further Progress Demonstration, we hereby reference and reassert the comments we
made on the draft Ozone SIP. We have attached those comments.

Thank you again.

9/4/24, 3:26 PM State of Utah Mail - amendment to nwf rfp
https://mail.google.com/mail/u/0/?ik=86e451072d&view=pt&search=all&permmsgid=msg-f:1809219771500933745&simpl=msg-f:1809219771500933745 1/2

Joro Walker she/her
Senior Attorney, Western Lands
801-413-7353 | WesternResourceAdvocates.org
[e-mail]
307 West 200 South, Suite 2000 | Salt Lake City, UT 84101

wra final sip comments 7 17 23.pdf
314K
9/4/24, 3:26 PM State of Utah Mail - amendment to nwf rfp
https://mail.google.com/mail/u/0/?ik=86e451072d&view=pt&search=all&permmsgid=msg-f:1809219771500933745&simpl=msg-f:1809219771500933745 2/2