[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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[[Page 47566]]

 
                                                  * * * * * * *
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]
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