[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Rules and Regulations]
[Pages 14373-14375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06848]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2017-0656; FRL-9975-84-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Wyoming; Sheridan PM10 Nonattainment Area Limited Maintenance 
Plan and Redesignation Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Limited Maintenance Plan (LMP), submitted by the State of Wyoming to 
the EPA on June 2, 2017, for the Sheridan moderate PM10 
nonattainment area (Sheridan NAA) and concurrently redesignating the 
Sheridan NAA to attainment of the National Ambient Air Quality Standard 
(NAAQS) for particulate matter with an aerodynamic diameter less than 
or equal to a nominal 10 micrometers (PM10). In order to 
approve the LMP and redesignation, the EPA is determining that the 
Sheridan NAA has attained the 1987 24-hour PM10 NAAQS of 150 
[micro]g/m3. This determination is based upon monitored air quality 
data for the PM10 NAAQS during the years 2014-2016. 
Additionally, the EPA is approving the Sheridan LMP as meeting the 
appropriate transportation conformity requirements found in 40 CFR 93, 
subpart A.

DATES: Effective May 4, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R08-OAR-2017-0656. 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., 
confidential business information (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 , or please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT: James Hou, (303) 312-6210, 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 14374]]

I. Background

    The Sheridan NAA encompasses the City of Sheridan, Wyoming, and was 
designated nonattainment for the 1987 24-hour PM10 NAAQS and 
classified as moderate under sections 107(d)(4)(B), following enactment 
of the Clean Air Act (CAA) Amendments of 1990. See 56 FR 56694 
(November 6, 1991). On June 23, 1994, the EPA approved Sheridan's 
moderate area plan including reasonably available control measures 
(RACM), an attainment demonstration, emissions inventory, quantitative 
milestones, and control and contingency requirements.
    The factual and legal background for this action is discussed in 
detail in our January 29, 2018 (83 FR 4015) proposed approval of the 
Sheridan Limited Maintenance Plan and concurrent redesignation of the 
Sheridan NAA to attainment of the NAAQS for PM10.

II. Response to Comments

    The EPA received one comment on the rulemaking and after reviewing 
the comment, the EPA has determined that the comment is outside the 
scope of our proposed action and fails to identify any material issue 
necessitating a response.

III. Final Action

    The EPA is making the determination that the Sheridan NAA has 
attained the 1987 24-hour PM10 NAAQS of 150 [micro]g/m3. 
This determination is based upon monitored air quality data for the 
PM10 NAAQS during the years 2014-2016. Additionally, the EPA 
is approving the Sheridan NAA LMP submitted on June 2, 2017, as meeting 
the applicable CAA requirements, and we have determined the LMP to be 
sufficient to provide for maintenance of the PM10 NAAQS over 
the course of the 10-year maintenance period out to 2027. The EPA is 
also approving the Sheridan LMP as meeting the appropriate 
transportation conformity requirements found in 40 CFR 93, subpart A. 
Lastly, this rule redesignates the Sheridan NAA from nonattainment to 
attainment of the PM10 NAAQS.

IV. Statutory and Executive Order Reviews

    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 actions, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves some state law provisions as meeting federal 
requirements; this action 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals 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, 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 does not 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 June 4, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control, National Parks, 
Wilderness areas.


    Authority:  42 U.S.C. 7401 et seq.

    Dated: March 29, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
    40 CFR parts 52 and 81 are 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. Section 52.2620 paragraph (e) is amended by adding an entry for 
``(29) Sheridan 1987 PM10 Limited Maintenance Plan'' at the 
end of the table to read as follows:

[[Page 14375]]

Sec.  52.2620  Identification of plan.

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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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                                                  * * * * * * *
(29) XXIX....................  Sheridan 1987        12/14/2015        5/4/2018  [Insert Federal
                                PM10 Limited                                     Register
                                Maintenance                                      citation].
                                Plan.
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0
3. Add Sec.  52.2624 to read as follows:


Sec.  52.2624   Control strategy and regulations: Particulate matter.

    On June 2, 2017, the State of Wyoming submitted a maintenance plan 
for the Sheridan PM10 nonattaiment area and requested that 
this area be redesignated to attainment for the PM10 
National Ambient Air Quality Standards. The redesignation request and 
maintenance plan satisfy all applicable requirements of the Clean Air 
Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart C--Section 107 Attainment Status Designations

0
5. In Sec.  81.351, the table entitled ``Wyoming--PM-10'' is amended 
under ``Sheridan County'' by revising the entry for ``City of 
Sheridan'' to read as follows:


Sec.  81.351   Wyoming.

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                                                 Designation                           Classification
          Designated Area          -----------------------------------------------------------------------------
                                         Date                Type               Date                Type
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                                                  * * * * * * *
Sheridan County:
 
                                                  * * * * * * *
    City of Sheridan..............        5/4/2018  Attainment...........
 
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[FR Doc. 2018-06848 Filed 4-3-18; 8:45 am]
 BILLING CODE 6560-50-P


