[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47564-47566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20447]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2018-0389; FRL-9983-50--Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
Wyoming; Incorporation by Reference Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving eight
State Implementation Plan (SIP) revisions submitted by the State of
Wyoming; four submitted on March 27, 2017, and four submitted on March
28, 2018. The revisions include updates to incorporation by reference
within several parts of the Wyoming Air Quality Standards and
Regulations that are part of the SIP. Additional revisions are being
approved that: Correct an inconsistency regarding internal combustion
engine nitrogen oxide requirements; amend three state regulations to
maintain consistency with federal regulations; and update a state
internet address.
DATES: This final rule is effective on October 22, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2018-0389. All documents in the docket are
listed on the http://www.regulations.gov website. 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
www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background Information
In a rulemaking published on July 23, 2018 (83 FR 34811), the EPA
proposed approval of eight revisions to the Wyoming Air Quality
Standards and Regulations submitted by the State of Wyoming; four
submitted on March 27, 2017, and four submitted on March 28, 2018. The
revisions include updates to incorporation by reference within several
parts of the Wyoming Air Quality Standards and Regulations that are
part of the SIP. Additional revisions were proposed that: (1) Correct
an inconsistency regarding internal combustion engine nitrogen oxide
requirements; (2) amend three state regulations to maintain consistency
with federal regulations; and (3) update a state internet address. In
this rulemaking the EPA is taking final action to approve the proposed
revisions. The reasons for our approval are provided in the proposed
rule.
II. Response to Public Comments
The EPA received three anonymous comments on the proposed SIP
amendments to the Wyoming Air Quality Standards and Regulations. After
reviewing the comments, the EPA has determined that the comments are
outside the scope of our proposed action or fail to identify any
material issue necessitating a response. All comments received on this
action are available for review in the docket for this rulemaking. This
rule will be finalized as proposed without revisions.
III. Final Action
For the reasons expressed in the proposed rule, the EPA is
approving the eight SIP submittals to the Wyoming Air Quality Standards
and Regulations submitted by the State of Wyoming on March 27, 2017,
and March 28, 2018. This action updates: (1) Chapter 8 Non-attainment
Area Regulations, Section 10, Incorporation by reference (2017
Submittal); (2) Chapter 8, Non-attainment Area Regulations, Section 3,
Conformity of general federal actions to state implementation plans
(2018 Submittal), and Section 10, Incorporation by reference (2018
Submittal); (3) Chapter 6, Permitting Requirements, Section 4,
Prevention of significant deterioration, to remove an outdated Federal
Register citation under the definition of `tpy CO2
equivalent emission (CO2e),' portions of which had been
approved in a previous October 12, 2016 EPA action (2017 Submittal);
(4) Chapter 6, Permitting Requirements, Section 14, Incorporation by
reference (2018 Submittal); (5) Chapter 3, General Emission Standards,
Section 3, Emission standards for nitrogen oxides, which corrects an
inconsistency regarding internal combustion engines (2017 Submittal);
(6) Chapter 3, General Emission Standards, Section 9, Incorporation by
reference (2018 Submittal); (7) Chapter 2, Ambient Standards, Section
6, Ambient Standards for ozone, to include the latest ozone NAAQS (2017
Submittal); and (8) Chapter 2, Ambient Standards, Section 12,
Incorporation by reference (2018 Submittal).
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 Wyoming
Air Quality Standards and Regulations described in the amendments set
forth to 40 CFR part 52, below. The EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 8 office (please contact the person identified in
the For Further Information Contact section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
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
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Orders Review
Under the CAA, 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 CAA. Accordingly, this
final action merely approves some state law as meeting federal
requirements; this final
[[Page 47565]]
action does not impose additional requirements beyond those imposed by
state law. For that reason, this final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, Oct. 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
This action is not an Executive Order 13771 (82 FR 9339,
Feb. 2, 2017) regulatory action because actions such as approving SIPs
are exempted under Executive Order 12866;
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, Aug. 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 CAA; 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, Feb. 16, 1994).
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 19, 2018. 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).)
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.
Dated: September 14, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
40 CFR part 52 is amended 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. In Sec. 52.2620, the table in paragraph (c) is amended by revising:
0
a. Under the center heading ``Chapter 02, Ambient Standards,'' the
table entries for Section 06 and Section 12;
0
b. Under the center heading ``Chapter 03, General Emission Standards,''
the table entries for Section 03 and Section 09;
0
c. Under the center heading ``Chapter 06, Permitting Requirements,''
Section 04 and Section 14; and
0
d. Under the center heading ``Chapter 08, Non-attainment Area
Regulations,'' Section 03 and Section 10.
The revisions read as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(c) * * *
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State EPA
Rule No. Rule title effective effective Final rule citation/ Comments
date date date
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* * * * * * *
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Chapter 02. Ambient Standards
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* * * * * * *
Section 06.............. Ambient Standards 12/20/2016 10/22/2018 [Insert Federal
for ozone. Register
citation]. 9/20/
2018.
* * * * * * *
Section 12.............. Incorporation by 2/5/2018 10/22/2018 [Insert Federal
reference. Register
citation]. 9/20/
2018.
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Chapter 03. General Emission Standards
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* * * * * * *
Section 03.............. Emission standards 12/20/2016 10/22/2018 [Insert Federal
for nitrogen Register
oxides. citation]. 9/20/
2018.
* * * * * * *
Section 09.............. Incorporation by 2/5/2018 10/22/2018 [Insert Federal
reference. Register
citation]. 9/20/
2018.
* * * * * * *
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Chapter 06. Permitting Requirements
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* * * * * * *
Section 04.............. Prevention of 12/20/2016 10/22/2018 [Insert Federal
significant Register
deterioration. citation].
September 20, 2018.
* * * * * * *
Section 14.............. Incorporation by 2/5/2018 10/22/2018 [Insert Federal
reference. Register
citation].
September 20, 2018.
* * * * * * *
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Chapter 08. Non-attainment Area Regulations
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* * * * * * *
Section 03.............. Conformity of 2/5/2018 10/22/2018 [Insert Federal
general federal Register
actions to state citation].
implementation September 20, 2018.
plans.
* * * * * * *
Section 10.............. Incorporation by 2/5/2018 10/22/2018 [Insert Federal
reference. Register
citation].
September 20, 2018.
* * * * * * *
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[FR Doc. 2018-20447 Filed 9-19-18; 8:45 am]
BILLING CODE 6560-50-P