[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Proposed Rules]
[Pages 53365-53370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18869]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2016-0366; FRL-9950-36-Region 8]
Approval and Promulgation of State Implementation Plan Revisions
to Primary Air Quality Standards, Minor Source Baseline Date,
Incorporation by Reference, and 2008 Ozone NAAQS Infrastructure
Requirements for CAA Section 110(a)(2)(C) and (D)(i)(II); Wyoming
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of Wyoming on May 28, 2015 and November 6, 2015. The amendments
update the version of the Code of Federal Regulations (CFR)
incorporated by reference into the rules of the State of Wyoming for
Chapter 2, Section 12; Chapter 3, General Emission Standards, Section
9; and Chapter 6, Prevention of Significant Deterioration, Section 4.
The May 28, 2015 submittal updates a citation to a Federal Register
article (i.e., Federal Register notice) under the definition of ``tpy
CO2 equivalent emissions (CO2e),'' and lists a
new minor source baseline date for fine particulate. The State also
proposes to update the primary air quality standards for particulate
matter (PM2.5) to reflect federal updates that went into
effect in January 2013. The updated primary PM2.5 standard
is 12 micrograms per cubic meter ([micro]g/m\3\) annual arithmetic mean
concentration, which is lowered from its previous level of 15 [micro]g/
m\3\. The EPA is also proposing approval of portions of the State's
February 6, 2014 2008 ozone National Ambient Air Quality Standards
(NAAQS) infrastructure certification regarding prevention of
significant deterioration (PSD) and the good neighbor provision. The
EPA is not taking action on the Chapter 6, Permitting Requirements,
Section 14 portion of the May 24, 2012 submittal because it has been
superseded by a November 6, 2015 submittal (81 FR 35271). The EPA is
not
[[Page 53366]]
taking action on a May 24, 2012 submittal or a March 8, 2013 submittal
because they have been superseded by the May 28, 2015 submittal.
DATES: Written comments must be received on or before September 12,
2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2016-0366, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7814,
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
What should I consider as I prepare my comments for the EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit CBI to the EPA through http://www.regulations.gov or email.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information on a disk or CD ROM that you mail to the EPA,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for preparing your comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register volume, date, and page
number);
Follow directions and organize your comments;
Explain why you agree or disagree;
Suggest alternatives and substitute language for your
requested changes;
Describe any assumptions and provide any technical information
and/or data that you used;
If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced;
Provide specific examples to illustrate your concerns, and
suggest alternatives;
Explain your views as clearly as possible, avoiding the use of
profanity or personal threats; and,
Make sure to submit your comments by the comment period
deadline identified.
II. Analysis of the State Submittals
In this proposed rulemaking, we are proposing to approve three
submittals into Wyoming's SIP.
May 28, 2015 Submittals
The first May 28, 2015 submittal updates Chapter 3, General
Emission Standards, Section 9, Incorporation by reference, to adopt by
reference the July 1, 2013 Code of Federal Regulations. This submittal
supersedes previously submitted updates to Section 9, Incorporation by
reference. The EPA proposes to approve this submittal.
The second May 28, 2015 submittal updates Chapter 6, Section 4,
Prevention of significant deterioration (PSD) program. The submittal
updates a citation to a Federal Register article (i.e., Federal
Register notice) under the definition of ``tpy CO2
equivalent emissions (CO2e).'' The article is available for
public inspection and can be obtained online at http://www.gpo.gov/fdsys/pkg/FR-2013-11-29/pdf/2013-27996.pdf or at a cost from the
Department of Environmental Quality, Division of Air Quality, Cheyenne
Office. Contact information for the Cheyenne Office can be obtained at:
http://deq.state.wy.us. The EPA is proposing to approve this update.
The submittal also lists a new minor source baseline date of
December 12, 2012 for fine particulate for Sweetwater County. On
October 20, 2010, the EPA published a final rulemaking titled
``Prevention of Significant Deterioration (PSD) for PM2.5--
Increments, Significant Impact Levels (SILs) and Significant Monitoring
Concentration'' (75 FR 64864). This rulemaking revised 40 CFR
51.166(b)(14)(ii) (Definition of Minor Source Baseline Date) to add a
trigger date of October 20, 2011 for PM2.5. A minor source
baseline date means the earliest date after the trigger date on which a
major stationary source or a major modification subject to 40 CFR
52.21, or 40 CFR 51.166, submits a complete permit application under
the relevant PSD regulations. The EPA is proposing to approve
Sweetwater County's minor source baseline date of December 12, 2012.
The submittal also proposed to update Chapter 6, Section 14,
Incorporation by reference, to adopt by reference from the July 1, 2013
CFR. This submittal and previously submitted updates to Section 14,
Incorporation by reference have been superseded by a November 6, 2015
rulemaking (81 FR 35271). The EPA is not acting on any updates to
Chapter 6, Section 14, Incorporation by reference.
November 6, 2015 Submittal
The November 6, 2015 submittal proposes to revise Chapter 2,
Section 2, Ambient standards for particulate matter, which establishes
standards of ambient air quality for particulate matter as necessary to
protect public health and welfare. This revision updates the primary
ambient air quality standards for PM2.5 to reflect federal
updates that went into effect in January 2013. The updated primary
PM2.5 standard is 12 [micro]g/m\3\ annual arithmetic mean
concentration, which is lowered from its previous level of 15 [micro]g/
m\3\. The EPA proposes to approve this revision.
The submittal also proposes to update Chapter 12, Incorporation by
reference, to adopt by reference the July 1, 2014 CFR. This submittal
supersedes previously submitted updates to the Chapter 12,
Incorporation by reference. The EPA proposes to approve this submittal.
February 6, 2014, 2008 Ozone NAAQS Infrastructure Certification
On March 12, 2008, the EPA promulgated a new NAAQS for ozone,
revising the levels of the primary and secondary 8-hour ozone standards
from 0.08 parts per million (ppm) to 0.075 ppm (73 FR 16436, March 27,
2008).
Under Sections 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure their SIPs provide for
implementation,
[[Page 53367]]
maintenance and enforcement of the NAAQS. These submissions must
contain any revisions needed for meeting the applicable SIP
requirements of Section 110(a)(2), or certifications that their
existing SIP already meet those requirements. The EPA is acting upon
the certification from Wyoming that addresses the infrastructure
requirements of CAA Sections 110(a)(1) and 110(a)(2)(C) and (D)(i)(II)
prong 3 for the 2008 ozone NAAQS. The requirement for states to make a
SIP submission of this type arises out of CAA Section 110(a)(1).
Pursuant to Section 110(a)(1), states must make SIP submissions
``within three years (or such shorter period as the Administrator may
prescribe) after the promulgation of a national primary ambient air
quality standard (or any revision thereof),'' of such NAAQS. The
statute directly imposes on states the duty to make these SIP
submissions, and the requirement to make the submissions is not
conditioned upon the EPA taking any action other than promulgating a
new or revised NAAQS.
The list of required elements provided in Section 110(a)(2)
contains a wide variety of disparate provisions, some of which pertain
to required legal authority, substantive program provisions, and both
authority and substantive programs. The EPA does not believe that an
action on a state's infrastructure SIP submission is necessarily the
appropriate type of action to address possible deficiencies in a
state's existing SIP. These issues include: (i) Existing provisions
related to excess emissions from sources during periods of startup,
shutdown, or malfunction (SSM) that may be contrary to the CAA and the
EPA's policies addressing such excess emissions; (ii) existing
provisions related to ``director's variance'' or ``director's
discretion'' that may be contrary to the CAA because they purport to
allow revisions to SIP-approved emissions limits while limiting public
process or not requiring further approval by the EPA; and (iii)
existing provisions for PSD programs that may be inconsistent with
current requirements of the EPA's ``Final NSR Improvement Rule,'' 67 FR
80186, Dec. 31, 2002, as amended by 72 FR 32526, June 13, 2007 (``NSR
Reform'').
CAA Section 110(a)(1) provides the procedural and timing
requirements for SIP submissions after a new or revised NAAQS is
promulgated. Section 110(a)(2) lists specific elements the SIP must
contain or satisfy. Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline of Section 110(a)(1)
and are therefore not addressed in this action. These elements relate
to part D of Title I of the CAA, and submissions to satisfy them are
not due within three years after promulgation of a new or revised
NAAQS, but rather are due at the same time nonattainment area plan
requirements are due under Section 172. The two elements are: (1)
Section 110(a)(2)(C) to the extent it refers to permit programs (known
as ``nonattainment NSR'') required under part D; and (2) Section
110(a)(2)(I), pertaining to the nonattainment planning requirements of
part D. As a result, this action does not address infrastructure
elements related to the nonattainment NSR portion of Section
110(a)(2)(C) or related to 110(a)(2)(I). Furthermore, the EPA
interprets the CAA Section 110(a)(2)(J) provision on visibility as not
being triggered by a new NAAQS because the visibility requirements in
part C, title 1 of the CAA are not changed by a new NAAQS.
In this action, the EPA is addressing 110(a)(2)(C), programs for
enforcement of control measures and for construction or modification of
stationary sources, and 110(a)(2)(D)(i)(II) element 3 for the 2008
ozone NAAQS. The EPA is addressing all other elements for the 2008
ozone NAAQS in a separate rulemaking.
The Wyoming Department of Environmental Quality (Department or
WDEQ) submitted certification of Wyoming's infrastructure SIP for the
2008 ozone NAAQS on February 6, 2014. Wyoming's infrastructure
certification demonstrates how the State, where applicable, has plans
in place that meet the requirements of Section 110 for the 2008 ozone
NAAQS. The Wyoming Air Quality Standards and Regulations (WAQSR)
referenced in the State's submittal are publicly available at http://soswy.state.wy.us/Rules/default.aspx. Air pollution control regulations
and statutes that have been previously approved by the EPA and
incorporated into the Wyoming SIP can be found at 40 CFR 52.2620.
1. Program for enforcement of control measures: Section
110(a)(2)(C) requires SIPs to ``include a program to provide for the
enforcement of the measures described in subparagraph (A), and
regulation of the modification and construction of any stationary
source within the areas covered by the plan as necessary to assure that
[NAAQS] are achieved, including a permit program as required in parts C
and D.''
To generally meet the requirements of Section 110(a)(2)(C), the
State is required to have SIP-approved PSD, nonattainment NSR, and
minor NSR permitting programs that are adequate to implement the 2008
ozone NAAQS. As explained elsewhere in this action, the EPA is not
evaluating nonattainment related provisions, such as the nonattainment
NSR program required by part D of the Act. The EPA is evaluating the
State's PSD program as required by part C of the Act, and the State's
minor NSR program as required by Section 110(a)(2)(C).
Enforcement of Control Measures Requirement
Wyoming's Rule (02) II, Legal Authority, which the EPA approved
into Wyoming's SIP,\1\ allows the State to enforce applicable laws,
regulations, and standards; to seek injunctive relief; and to provide
authority to prevent construction, modification, or operation of any
stationary source at any location where emissions from such source will
prevent the attainment or maintenance of a national standard or
interfere with prevention of significant deterioration requirements.
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\1\ See 40 CFR 52.2620(e), Rule No. (02) II; 41 FR 36652 (Aug.
31, 1976) (approving Wyoming's revisions to its SIP).
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PSD Requirements
With respect to Element (C), the EPA interprets the CAA to require
each state to make an infrastructure SIP submission for a new or
revised NAAQS demonstrating that the air agency has a complete PSD
permitting program meeting the current requirements for all regulated
NSR pollutants. The requirements of Element D(i)(II) may also be
satisfied by demonstrating the air agency has a complete PSD permitting
program that correctly addresses all regulated NSR pollutants. Wyoming
has shown that it currently has a PSD program in place that covers all
regulated NSR pollutants, including greenhouse gases (GHGs).
On July 25, 2011 (76 FR 44265), we approved a revision to the
Wyoming PSD program that addressed the PSD requirements of the Phase 2
Ozone Implementation Rule promulgated on November 29, 2005 (70 FR
71612). As a result, the approved Wyoming PSD program meets the current
requirements for ozone.
With respect to GHG's, on June 23, 2014, the United States Supreme
Court addressed the application of PSD permitting requirements to GHG
emissions. Utility Air Regulatory Group v. Environmental Protection
Agency, 134 S.Ct. 2427 (2014). The Supreme Court held that the EPA may
not treat GHGs as an air pollutant for purposes of determining whether
a source is a major source required to obtain a PSD permit.
[[Page 53368]]
The Court also held that the EPA could continue to require that PSD
permits, otherwise required based on emissions of pollutants other than
GHGs (anyway sources) contain limitations on GHG emissions based on the
application of Best Available Control Technology (BACT).
In accordance with the Supreme Court decision, on April 10, 2015,
the U.S. Court of Appeals for the District of Columbia Circuit (the
D.C. Circuit) in Coalition for Responsible Regulation v. EPA, 606 F.
App'x. 6, at *7-8 (D.C. Cir. April 10, 2015), issued an amended
judgment vacating the regulations that implemented Step 2 of the EPA's
PSD and Title V Greenhouse Gas Tailoring Rule, but not the regulations
that implement Step 1 of that rule. Step 1 of the Tailoring Rule covers
sources that are required to obtain a PSD permit based on emissions of
pollutants other than GHGs. Step 2 applied to sources that emitted only
GHGs above the thresholds triggering the requirement to obtain a PSD
permit. The amended judgment preserves, without the need for additional
rulemaking by the EPA, the application of the BACT requirement to GHG
emissions from Step 1 or ``anyway'' sources.\2\ With respect to Step 2
sources, the D.C. Circuit's amended judgment vacated the regulations at
issue in the litigation, including 40 CFR 51.166(b)(48)(v), ``to the
extent they require a stationary source to obtain a PSD permit if
greenhouse gases are the only pollutant (i) that the source emits or
has the potential to emit above the applicable major source thresholds,
or (ii) for which there is a significant emission increase from a
modification.''
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\2\ See 77 FR 41066 (July 12, 2012) (rulemaking for definition
of ``anyway'' sources).
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The EPA is planning to take additional steps to revise the federal
PSD rules in light of the Supreme Court and subsequent D.C. Circuit
opinion. Some states have begun to revise their existing SIP-approved
PSD programs in light of these court decisions, and some states may
prefer not to initiate this process until they have more information
about the planned revisions to the EPA's PSD regulations. The EPA is
not expecting states to have revised their PSD programs in anticipation
of the EPA's planned actions to revise its PSD program rules in
response to the court decisions.
At present, the EPA has determined that Wyoming's SIP is sufficient
to satisfy Elements (C) and (D)(i)(II) prong 3 with respect to GHGs.
This is because the PSD permitting program previously approved by the
EPA into the SIP continues to require that PSD permits issued to
``anyway sources'' contain limitations on GHG emissions based on the
application of BACT. The EPA most recently approved revisions to
Wyoming's PSD program on December 6, 2013 (78 FR 73445). The approved
Utah PSD permitting program still contains some provisions regarding
Step 2 sources that are no longer necessary in light of the Supreme
Court decision and D.C. Circuit amended judgment. Nevertheless, the
presence of these provisions in the previously-approved plan does not
render the infrastructure SIP submission inadequate to satisfy Elements
(C) and (D)(i)(II). The SIP contains the PSD requirements for applying
the BACT requirement to greenhouse gas emissions from ``anyway
sources'' that are necessary at this time. The application of those
requirements is not impeded by the presence of other previously-
approved provisions regarding the permitting of Step 2 sources.
Accordingly, the Supreme Court decision and subsequent D.C. Circuit
judgment do not prevent the EPA's approval of Wyoming's infrastructure
SIP as to the requirements of Elements (C) and (D)(i)(II) prong 3.
Finally, we evaluate the PSD program with respect to current
requirements for PM2.5. In particular, on May 16, 2008, the
EPA promulgated the rule, ``Implementation of the New Source Review
Program for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)'' (73 FR 28321) (2008 Implementation Rule). On
October 20, 2010 the EPA promulgated the rule, ``Prevention of
Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC)'' (75 FR 64864).
The EPA regards adoption of these PM2.5 rules as a necessary
requirement when assessing a PSD program for the purposes of Element
(C).
On January 4, 2013, the U.S. Court of Appeals, in Natural Resources
Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.), issued a judgment
that remanded the EPA's 2007 and 2008 rules implementing the 1997
PM2.5 NAAQS. The court ordered the EPA to ``repromulgate
these rules pursuant to Subpart 4 consistent with this opinion.'' Id.
at 437. Subpart 4 of part D, Title 1 of the CAA establishes additional
provisions for particulate matter nonattainment areas.
The 2008 Implementation Rule addressed by Natural Resources Defense
Council, ``Implementation of New Source Review (NSR) Program for
Particulate Matter Less Than 2.5 Micrometers (PM2.5),'' (73
FR 28321, May 16, 2008), promulgated NSR requirements for
implementation of PM2.5 in nonattainment areas
(nonattainment NSR) and attainment/unclassifiable areas (PSD). As the
requirements of Subpart 4 only pertain to nonattainment areas, the EPA
does not consider the portions of the 2008 Implementation Rule that
address requirements for PM2.5 attainment and unclassifiable
areas to be affected by the court's opinion. Moreover, the EPA does not
anticipate the need to revise any PSD requirements promulgated in the
2008 Implementation Rule in order to comply with the court's decision.
Accordingly, the EPA's proposed approval of Wyoming's infrastructure
SIP as to Elements (C) or (D)(i)(II) prong 3 with respect to the PSD
requirements promulgated by the 2008 Implementation rule does not
conflict with the court's opinion.
The court's decision with respect to the nonattainment NSR
requirements promulgated by the 2008 Implementation Rule also does not
affect the EPA's action on the present infrastructure action. The EPA
interprets the Act to exclude nonattainment area requirements,
including requirements associated with a nonattainment NSR program,
from infrastructure SIP submissions due three years after adoption or
revision of a NAAQS. Instead, these elements are typically referred to
as nonattainment SIP or attainment plan elements, which would be due by
the dates statutorily prescribed under subpart 2 through 5 under part
D, extending as far as 10 years following designations for some
elements.
The second PSD requirement for PM2.5 is contained in the
EPA's October 20, 2010 rule, ``Prevention of Significant Deterioration
(PSD) for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC)'' (75 FR 64864). The EPA
regards adoption of the PM2.5 increments as a necessary
requirement when assessing a PSD program for the purposes of Element
(C). On July 25, 2011 (76 FR 44265), the EPA approved SIP revisions
that revised Wyoming's PSD program which incorporated the 2008
Implementation Rule. The EPA approved revisions to reflect the 2010
PM2.5 Increment Rule on December 6, 2013 (78 FR 73445).
Therefore, Wyoming's SIP approved PSD program meets current
requirements for PM2.5. As a result, the EPA is proposing to
approve Wyoming's infrastructure SIP for the 2008 ozone NAAQS with
respect to the requirement in Section
[[Page 53369]]
110(a)(2)(C) to include a permit program in the SIP as required by part
C of the Act.
Minor NSR
The State has a SIP-approved minor NSR program, adopted under
Section 110(a)(2)(C) of the Act. The minor NSR program is found in
Chapter 6, Section 2 of the WAQSR. The EPA previously approved
Wyoming's minor NSR program into the SIP (at that time as Chapter 1,
Section 21), and has subsequently approved revisions to the program,
and at those times there were no objections to the provisions of this
program. (See, for example, 47 FR 5892, February 9, 1982). Since then,
the State and the EPA have relied on the State's existing minor NSR
program to assure that new and modified sources not captured by the
major NSR permitting program do not interfere with attainment and
maintenance of the NAAQS.
The EPA is proposing to approve Wyoming's infrastructure SIP for
the 2008 ozone NAAQS with respect to the general requirement in Section
110(a)(2)(C) to include a program in the SIP that regulates the
enforcement, modification, and construction of any stationary source as
necessary to assure that the NAAQS are achieved.
2. Interstate Transport: CAA Section 110(a)(2)(D)(i)(I) requires
SIPs to include provisions prohibiting any source or other type of
emissions activity in one state from emitting any air pollutant in
amounts that will contribute significantly to nonattainment, or
interfere with maintenance, of the NAAQS in another state (known as the
``good neighbor'' provision). The two provisions of this section are
referred to as prong 1 (significant contribution to nonattainment) and
prong 2 (interfere with maintenance). Section 110(a)(2)(D)(i)(II)
requires SIPs to contain adequate provisions to prohibit emissions that
will interfere with measures required to be included in the applicable
implementation plan for any other state under part C to prevent
significant deterioration of air quality (prong 3) or to protect
visibility (prong 4). In this action, the EPA is addressing prong 3
with regard to the 2008 ozone NAAQS. The EPA will address all other
transport prongs in a separate rulemaking.
With regard to the PSD portion of CAA Section 110(a)(2)(D)(i)(II),
this requirement may be met by a state's confirmation in an
infrastructure SIP submission that new major sources and major
modifications in the state are subject to a comprehensive EPA approved
PSD permitting program in the SIP that applies to all regulated new
source review (NSR) pollutants and that satisfies the requirements of
the EPA's PSD implementation rules.\3\ As noted in the discussion for
infrastructure Element (C) earlier in this notice, the EPA is proposing
to approve CAA Section 110(a)(2) Element (C) for Utah's infrastructure
SIP for the 2008 ozone NAAQS with respect to PSD requirements. As
discussed in detail in that section, Wyoming's SIP meets the current
PSD-related requirements of Section 110(a)(2)(C).
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\3\ See EPA's ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
(2),'' September 13, 2013, at 31.
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In-state sources not subject to PSD for a particular NAAQS because
they are in a nonattainment area for that standard may also have the
potential to interfere with PSD in an attainment or unclassifiable area
of another state.\4\ One way a state may satisfy prong 3 with respect
to these sources is by citing an air agency's EPA-approved
nonattainment NSR provisions addressing any pollutants for which the
state has designated nonattainment areas. Wyoming has a SIP-approved
nonattainment NSR program which ensures regulation of major sources and
major modifications in nonattainment areas, and therefore satisfies
prong 3 with regard to this requirement.\5\
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\4\ Id. at 31.
\5\ See WAQSR Chapter 6, Section 13.
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The EPA is proposing to approve the infrastructure SIP submission
with regard to the requirements of prong 3 of Section
110(a)(2)(D)(i)(II) for the 2008 Ozone NAAQS.
III. What action is the EPA taking today?
The EPA is proposing to approve State Implementation Plan (SIP)
revisions submitted by the State of Wyoming on May 28, 2015 and
November 6, 2015. The amendments update the version of the CFR
incorporated by reference into the rules of the State of Wyoming for
Chapter 2, Ambient Standards for Particulate Matter, Section 12; and
Chapter 3, General Emission Standards, Section 9. The EPA is also
proposing to approve updates to a citation to a Federal Register
article (i.e., Federal Register notice) under the definition of ``tpy
CO2 equivalent emissions (CO2e),'' and a new
minor source baseline date for fine particulate for Sweetwater County
of December 12, 2012 into WAQSR Chapter 6, Section 4. The EPA proposes
to approve an update to the primary air quality standards for
particulate matter (PM)2.5 that reflects federal updates
that went into effect in January 2013 into WAQSR Chapter 2, Section 2.
The EPA proposes to approve infrastructure elements (C) and
(D)(i)(II)prong for the 2008 ozone NAAQS from the State's February 6,
2014 certification. Finally, the EPA is not taking action on the
Chapter 6, Permitting Requirements, Section 14 portion of the May 24,
2012 submittal, the March 8, 2013 submittal, or the May 28, 2015
submittal because they have been superseded by a November 6, 2015
submittal (81 FR 35271).
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the Administrative Rules of Wyoming pertaining to General
Emission Standards, Prevention of Significant Deterioration and Ambient
Standards for PM2.5, as discussed in Section II. The EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and/or at the EPA Region 8
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 merely 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);
does not impose an information collection burden under the
provisions of 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.);
[[Page 53370]]
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 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);
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 Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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. In those areas of Indian
country, 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
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: July 28, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2016-18869 Filed 8-11-16; 8:45 am]
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