[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Rules and Regulations]
[Pages 70362-70364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24493]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2016-0366, FRL-9953-78-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Wyoming
in two submittals on May 28, 2015 and one submittal on November 6,
2015. The final amendments update the version of the Code of Federal
Regulations (CFR) incorporated by reference into the Wyoming Air
Quality Standards and Regulations (WAQSR) for Chapter 2, Ambient
Standards, Sections 12; Chapter 3, General Emission Standards, Section
9; and Chapter 6, Prevention of Significant Deterioration, Section 4.
The EPA also approves the revision in one of the May 28, 2015
submittals that 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 EPA also approves the updates
to 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 approving portions of the State's February 6,
2014 2008 ozone National Ambient Air Quality Standards (NAAQS)
infrastructure certification regarding prevention of significant
deterioration (PSD). The EPA is not taking action in this final rule on
the Chapter 6, Permitting Requirements, Section 14 portion of a May 24,
2012 submittal or one of the May 28, 2015 submittals because it has
been superseded by a November 6, 2015 submittal that the EPA approved
in a separate action. The EPA is not taking action on a May 24, 2012
submittal or a March 8, 2013 submittal because they have been
superseded by one of the May 28, 2015 submittals.
DATES: This rule is effective on November 14, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2016-0366. All documents in the docket are
listed on the http://www.regulations.gov Web site. 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 http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
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. Background
In our proposed rule (PR) (81 FR 53365, Aug. 12, 2016), the EPA
proposed to approve SIP revisions submitted by the State of Wyoming on
May 28, 2015 and November 6, 2015.
[[Page 70363]]
The amendments proposed to 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 also proposed 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 proposed to approve
an update to the primary air quality standard for PM2.5 that
reflects federal updates that went into effect in January 2013 into
WAQSR Chapter 2, Section 2 subsections (b), (b)(i), (b)(i)(A),
(b)(i)(B) and (b)(ii), and which renumbered some portions of Section 2
subsection (b) to (b)(iii), other portions of Section 2 subsection (b)
to (c), and Section 2 subsection (c) to (d). The EPA also proposed to
approve an update to the version of the American Society for Testing
and Materials incorporated by reference into WAQSR for Chapter 3,
Section 9.
Additionally, in our PR, the EPA proposed to approve infrastructure
elements (C) and (D)(i)(II) prong 3 for the 2008 ozone NAAQS from the
State's February 6, 2014 certification. Infrastructure requirements for
SIPs are set forth in Section 110(a)(1) and (2) of the CAA. Section
110(a)(2) lists the specific infrastructure elements that a SIP must
contain or satisfy.
II. Response to Comments
No comments were received during the public comment period.
III. Final Action
For the reasons expressed in the proposed rule, the EPA is taking
final action to approve SIP revisions submitted by the State of Wyoming
on May 28, 2015 and November 6, 2015 discussed in Section I. The EPA is
also approving infrastructure elements (C) and (D)(i)(II) prong 3 for
the 2008 ozone NAAQS from the State's February 6, 2014 certification.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the WAQSR
pertaining to General Emission Standards, Prevention of Significant
Deterioration, and Ambient Standards, as discussed in
Section I. 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 by
the Director of the Federal Register in the next update to the SIP
compilation.\1\ 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).
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Orders Review
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, the 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.);
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 the 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 the 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).
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. The 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 December 12, 2016. 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 CAA Section 307(b)(2)).
[[Page 70364]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 22, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ--Wyoming
0
2. Section 52.2620 is amended:
0
a. In paragraph (c) under ``Chapter 02. Ambient Standards.'' by
revising the entry for ``Section 02'', adding an entry ``Section 02
(b), (c), and (d)'', and revising the entry for ``Section 12'';
0
b. In paragraph (c) under ``Chapter 03. General Emission Standards.''
by revising the entry for ``Section 09''; and
0
c. In paragraph (c) under ``Chapter 06. Permitting Requirements.'' by
revising the entry for ``Section 04.''.
0
d. In paragraph (e) by adding an entry for ``(26) XXVI, Infrastructure
SIP for Section 110(a)(2)(C) and (D)(i)(II) prong 3-2008 Ozone NAAQS''
at the end of the table.
The revisions and addition read as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(c) * * *
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State EPA effective Final rule
Rule No. Rule title effective date date citation/date Comments
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* * * * * * *
Chapter 02. Ambient Standards
Section 02................... Ambient 9/7/2010 10/27/2014 79 FR 50840, 8/ All, except
standards for 26/14. Section 02(b)
particulate and (c).
matter.
Section 02 (b), (c), and (d). Ambient 10/13/2015 11/14/2016. 10/12/2016. ...............
standards for [Insert date
particulate of publication
matter. in the Federal
Register].
* * * * * * *
Section 12................... Incorporation 10/13/2015 11/14/2016. 10/12/2016. ...............
by reference. [Insert date
of publication
in the Federal
Register].
Chapter 03. General Emission Standards
* * * * * * *
Section 09................... Incorporation 11/18/2014 11/14/2016. 10/12/2016. ...............
by reference. [Insert date
of publication
in the Federal
Register].
* * * * * * *
Chapter 06. Permitting Requirements
* * * * * * *
Section 04................... Prevention of 3/28/2012 1/6/2014 78 FR 73445, 12/ Except
significant 06/13. definition of
deterioration. ``Greenhouse
gases (GHGs)''
(i)(A).
Section 04................... Prevention of 11/18/2014 11/14/2016. 10/12/2016. Only
significant [Insert date definitions of
deterioration. of publication ``Greenhouse
in the Federal gases (GHGs)''
Register]. (i)(A) and
``Minor source
baseline
date''
(iv)(D).
* * * * * * *
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* * * * *
(e) * * *
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State EPA effective Final rule
Rule No. Rule title effective date date citation/date Comments
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* * * * * * *
(26)XXVI..................... Infrastructure 02/06/2014 11/14/2016. 10/12/2016. Only includes
SIP for [Insert date 111(a)(2)(C)
Section of publication and (D)(i)(II)
110(a)(2)(C) in the Federal prong 3 for
and (D)(i)(II) Register]. 2008 Ozone
prong 3 for NAAQS.
2008 Ozone
NAAQS.
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[FR Doc. 2016-24493 Filed 10-11-16; 8:45 am]
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