
[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been superseded by a November 6, 2015 submittal that the EPA approved 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, 
ostendorf.jody@epa.gov.

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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                          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) * * *

----------------------------------------------------------------------------------------------------------------
                                                     State       EPA effective     Final rule
           Rule No.               Rule title    effective date       date        citation/date       Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(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]
 BILLING CODE 6560-50-P


