[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Proposed Rules]
[Pages 66352-66361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26028]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0419; FRL-10002-37-Region 8]


Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 2015 Ozone National Ambient Air 
Quality Standards; Wyoming

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On October 1, 2015, the Environmental Protection Agency (EPA) 
promulgated the 2015 ozone NAAQS, revising the standard to 0.070 parts 
per million. Whenever a new or revised National Ambient Air Quality 
Standard (NAAQS) is promulgated, the Clean Air Act (CAA or Act) 
requires each state to submit a State Implementation Plan (SIP) 
revision for the implementation, maintenance and enforcement of the new 
standard. This submission is commonly referred to as an infrastructure 
SIP. In this action we are proposing to act on multiple elements of the 
Wyoming infrastructure SIP submission with respect to infrastructure 
requirements for the 2015 ozone NAAQS, which was submitted to the EPA 
on January 3, 2019.

DATES: Written comments must be received on or before January 3, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0419, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air and Radiation 
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8:00 a.m. 
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Clayton Bean, (303) 312-6143, 
bean.clayton@epa.gov. Mail can be directed to the Air and Radiation 
Division, U.S. EPA, Region 8, Mail-code 8ARD-QP, 1595 Wynkoop Street, 
Denver, Colorado, 80202-1129.

SUPPLEMENTARY INFORMATION: Throughout this document, ``reviewing 
authority,'' ``we,'' ``us,'' and ``our'' refer to the EPA.

I. Background

    On March 12, 2008, the EPA promulgated a new NAAQS for ozone, 
revising the levels of the primary and secondary 8-hour ozone standards 
from 0.08 parts per million (ppm) to 0.075 ppm (73 FR 16436). More 
recently, on October 1, 2015, the EPA promulgated and revised the NAAQS 
for ozone, further strengthening the primary and secondary 8-hour 
standards to 0.070 ppm (80 FR 65292) (referred to as the ``2015 ozone 
NAAQS''). This revision triggered the CAA requirement for states to 
submit SIPs addressing basic infrastructure elements required to 
implement, maintain and enforce the 2015 ozone NAAQS. See CAA section 
110(a)(1) and (2); see also ``Guidance on Infrastructure State 
Implementation Plan (SIP) Elements under Clean Air Act Sections 
110(a)(1) and (2),'' September 13, 2013 (2013 Memo).

What infrastructure elements are required under Sections 110(a)(1) and 
(2)?

    CAA section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions after a new or revised NAAQS is 
promulgated. Section 110(a)(2) lists specific elements the SIP must 
contain or satisfy. These infrastructure elements include requirements 
such as modeling, monitoring and emissions inventories, which are 
designed to ensure attainment and maintenance of the NAAQS. The 
elements that are the subject of this action are listed below.
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D): Interstate transport.

[[Page 66353]]

     110(a)(2)(E): Adequate resources and authority, conflict 
of interest, and oversight of local governments and regional agencies.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency powers.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(J): Consultation with government officials; 
public notification; and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    A detailed discussion of each of these elements is contained in 
section III. The EPA's Evaluation of the State Submittal.

How did Wyoming address the infrastructure elements of Sections 
110(a)(1) and (2)?

    The Wyoming 2015 ozone NAAQS infrastructure SIP submission 
demonstrates how the State, where applicable, has plans in place that 
meet the requirements of section 110 for the 2015 ozone NAAQS. The 
State submittal is available within the electronic docket for today's 
proposed action at www.regulations.gov.
    The Wyoming Department of Environmental Quality (WDEQ) submitted a 
certification of Wyoming's infrastructure SIP for the 2015 ozone NAAQS 
on January 3, 2019. The submission references the Wyoming Air Quality 
Standards and Regulations (WAQSR) and Wyoming Statutes. The statutes 
referenced in this submittal are publicly available at http://sosswy.state.wy.us/Rules/default.aspx and http://legisweb.state.wy.us/LSOWEB/wyStatues.aspx. Wyoming's approved SIP can be found at CFR 
52.2620.

II. EPA's Approach To Review of Infrastructure SIP Submissions

    Due to ambiguity in some of the language of CAA section 110(a)(2), 
the EPA believes that it is appropriate to interpret these provisions 
in the specific context of acting on infrastructure SIP submissions. 
The EPA has previously provided comprehensive guidance on the 
application of these provisions through a guidance document for 
infrastructure SIP submissions and through regional actions on 
infrastructure submissions.\1\ Unless otherwise noted below, we are 
following that existing approach in acting on this submission. In 
addition, in the context of acting on such infrastructure submissions, 
the EPA evaluates the submitting state's SIP for facial compliance with 
statutory and regulatory requirements, not for the state's 
implementation of its SIP.\2\ The EPA has other authority to address 
any issues concerning a state's implementation of the rules, 
regulations, consent orders, etc. that comprise its SIP.\3\
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    \1\ The EPA explains and elaborates on these ambiguities and its 
approach to address them in its 2013 Memo (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs. Guidance on 
Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as 
well as in numerous agency actions, including EPA's prior action on 
South Dakota's infrastructure SIP to address 1997 and 2006 
PM2.5, 2008 Lead, 2008 Ozone, and 2010 NO2 
NAAQS (79 FR 71040, (December 1, 2014)).
    \2\ See Montana Environmental Information Center v. EPA, 902 
F.3d 971 (9th Cir. 2018).
    \3\ Id.
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III. The EPA's Evaluation of the State Submittal

    (a) Emission limits and other control measures: Section 
110(a)(2)(A) requires SIPs to include enforceable emission limitations 
and other control measures, means, or techniques (including economic 
incentives such as fees, marketable permits, and auctions of emissions 
rights), as well as schedules and timetables for compliance as may be 
necessary or appropriate to meet the applicable requirements of the 
Act.
    The State's submission and the EPA's analysis: The State's 
submission for the 2015 ozone NAAQS infrastructure requirements cites 
three non-regulatory documents (e.g., Control Strategy, Source 
Surveillance, and Compliance Schedule) which were approved by the EPA 
(37 FR 10842, May 31, 1972). The State's submissions also cite 
regulatory documents included in Chapters 1, 3, 4, 8, 10 and 13 of the 
WAQSR that have been approved into the SIP. The approved state air 
quality regulations within the WAQSR and cited in Wyoming's 
certifications provide enforceable emission limitations, and other 
control measures, means of techniques, and schedules for compliance, 
and other related matters necessary to meet the requirements of the CAA 
section 110(a)(2)(A) for the 2015 ozone NAAQS subject to the following 
clarification.
    First, this infrastructure element does not require the submittal 
of regulations or emission limitations developed specifically for 
attaining the 2015 ozone NAAQS. Second, the EPA does not consider SIP 
requirements triggered by the nonattainment area mandates in part D of 
Title I of the CAA to be governed by the submission deadline of CAA 
section 110(a)(1). Accordingly, Wyoming's submission (contained within 
this docket) listing provisions and enforceable control measures within 
its SIP which regulate ozone and its precursors through various 
programs, including Wyoming's stationary source permit program, 
suffices to meet the requirements of section 110(a)(2)(A) for the 2015 
ozone NAAQS.
    (b) Ambient air quality monitoring/data system: Section 
110(a)(2)(B) requires SIPs to provide for establishment and operation 
of appropriate devices, methods, systems and procedures necessary to 
``(i) monitor, compile, and analyze data on ambient air quality, and 
(ii) upon request, make such data available to the Administrator.''
    (i) State's submission: Wyoming references the following non-
regulatory documents as the provisions for air quality episode 
monitoring, data compilation and reporting, public availability of 
information and annual network reviews:
     Air Quality Surveillance Document, approved by the EPA (37 
FR 10842, May 31, 1972).
     Air Quality Surveillance Network Document, approved by the 
EPA (47 FR 5892, February 9, 1982).
     Implementation Plan for Lead, approved by the EPA (49 FR 
39843, October 11, 1984).
     Wyoming Ambient Air Monitoring Annual Network Plan, 
submitted to the EPA on June 26, 2018, approved, except for Section 
5.1--Permitted Industrial Monitors, by the EPA on October 23, 2018.
     Wyoming Ambient Air Monitoring Annual Network Plan, 
approved by the EPA on November 7, 2017.
    Wyoming also included a Performance Partnership Agreement (PPA) 
with the EPA as Appendix A of the state's submission. The PPA contains 
a work plan that addresses the state's commitment to maintain an 
ambient monitoring network in accordance with 40 CFR part 58 and to 
submit air quality data to the Air Quality System (AQS) database.
    (ii) The EPA's analysis: In accordance with 40 CFR 58.10, Wyoming 
submits an annual monitoring network plan (AMNP) to the EPA, 
summarizing the State's monitoring efforts to ensure full compliance 
with the NAAQS. Following Wyoming's SIP submittal, the State submitted 
its 2019 AMNP to the EPA on June 28, 2019, which was subsequently 
approved by the EPA on October 11, 2019 (Wyoming's 2019 AMNP and EPA's 
approval letter are available within the docket). Additionally, Wyoming 
submits monitoring data to the AQS database in accordance with 40 CFR 
58.16. Accordingly, we find that

[[Page 66354]]

Wyoming's SIP and practices are adequate for the ambient air quality 
monitoring and data system requirements for the 2015 ozone NAAQS, and, 
therefore, propose to approve the submission for this element.
    (c) CAA Sec.  110(a)(2)(C): Program for Enforcement of Control 
Measures: CAA section 110(a)(2)(C) requires each state to have a 
program that provides for the following three sub-elements: 
Enforcement; state-wide regulation of new and modified minor sources 
and minor modifications of major sources; and preconstruction 
permitting of major sources and major modifications in areas designated 
attainment or unclassifiable for the 2015 ozone NAAQS as required by 
CAA title I part C (i.e., the major source PSD program).
    (i) State's submission: The Wyoming submission refers to the 
following regulatory and non-regulatory documents which address and 
provide for meeting all requirements of CAA section 110(a)(2)(C):
     WAQSR Chapter 6, Section 2, Permit requirements for 
construction, modification and operation.
     WAQSR Chapter 6, Section 4, Prevention of significant 
deterioration.
     WAQSR Chapter 6, Section 13, Nonattainment permit 
requirements.
     Legal Authority Document; approved by the EPA (37 FR 
10832, May 31, 1972).
     Source Surveillance Document; approved by the EPA (37 FR 
10832, May 31, 1972).
     Review of New Sources and Modifications Document; approved 
by the EPA (37 FR 10832, May 31, 1972).
    The submission also notes that the PSD program as approved by the 
EPA covers all regulated pollutants, including greenhouse gases (GHGs).
    (ii) The EPA's analysis: With regard to the sub-element requirement 
to have a program providing for enforcement of all SIP measures, we are 
proposing to find that Wyoming's Rule (02) II, Legal Authority 
Document, which the EPA approved into the Wyoming SIP,\4\ shows the 
State has the authority to enforce applicable laws, regulations and 
standards; to seek injunctive relief; and to prevent construction, 
modification, or operation of any stationary source at any location 
where emissions from such source will prevent the attainment or 
maintenance of a national standard or interfere with PSD requirements.
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    \4\ See 40 CFR 52.2620(e), Rule No. (02) II; 41 FR 36652 (Aug. 
31, 1976) (approving Wyoming's revisions to its SIP).
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    Turning to the second sub-element of the state-wide regulation of 
new and modified minor sources and minor modifications of major 
sources, Wyoming has a SIP-approved minor NSR program, adopted under 
section 110(a)(2)(C) of the Act. The minor NSR program is found in 
Chapter 6, Section 2 of the WAQSR. The EPA previously approved 
Wyoming's minor NSR program into the SIP (at that time as Chapter 1, 
Section 21), and over the years, the EPA has subsequently approved 
revisions to this program as consistent with the CAA and Federal minor 
NSR requirements codified at 40 CFR 51.160 through 40 CFR 51.164. The 
State and the EPA have relied on the State's existing minor NSR program 
to assure that new and modified sources not captured by the major NSR 
permitting program do not interfere with attainment and maintenance of 
the NAAQS. We propose to determine that this program regulates 
construction of new and modified minor sources of ozone precursors for 
purposes of the 2015 ozone NAAQS.
    Lastly, to generally meet the requirements of CAA section 
110(a)(2)(C) with regard to the sub-element of preconstruction 
permitting of major sources and major modifications in areas designated 
attainment or unclassifiable for the subject NAAQS as required by CAA 
title I part C, a state is required to have PSD, NNSR and minor NSR 
permitting programs adequate to implement the 2015 ozone NAAQS.
    With respect to Elements (C) and (J), the EPA interprets the CAA to 
require each state to make an infrastructure SIP submission for a new 
or revised NAAQS demonstrating that the air agency has a complete PSD 
permitting program meeting the current requirements for all regulated 
NSR pollutants. The requirements of Element D(i)(II) prong 3 may also 
be satisfied by demonstrating the air agency has a complete PSD 
permitting program that applies to all regulated NSR pollutants. 
Wyoming has shown that it currently has a PSD program in place that 
covers all regulated NSR pollutants, including GHGs.
    On July 25, 2011 (76 FR 44265), we approved a revision to the 
Wyoming PSD program that addressed the PSD requirements of the Phase 2 
Ozone Implementation Rule promulgated on November 29, 2005 (70 FR 
71612). We most recently approved revisions to Wyoming's PSD program on 
September 20, 2018 (84 FR 18991), in which Wyoming incorporated the 
2015 ozone NAAQS into their SIP in Chapter 2, Section 6 (Ambient 
Standards for Ozone). Wyoming's SIP approved PSD program is codified in 
WAQSR Chapter 6, to include Sections 2, 4 and 13. As a result, the 
approved Wyoming PSD program meets the current requirements for ozone.
    With respect to GHGs, on June 23, 2014, the United States Supreme 
Court addressed the application of PSD permitting requirements to GHG 
emissions. Utility Air Regulatory Group v. Environmental Protection 
Agency, 134 S.Ct. 2427 (2014). The Supreme Court held that the EPA may 
not treat GHGs as an air pollutant for purposes of determining whether 
a source is a major source required to obtain a PSD permit. The Court 
also held that the EPA could continue to require that PSD permits, 
otherwise required based on emissions of pollutants other than GHGs, 
(anyway sources) contain limitations on GHG emissions based on the 
application of Best Available Control Technology (BACT).
    In accordance with the Supreme Court decision, on April 10, 2015, 
the U.S. Court of Appeals for the District of Columbia Circuit (the 
D.C. Circuit) in Coalition for Responsible Regulation v. EPA, 606 F. 
App'x. 6, at * 7-8 (D.C. Cir. April 10, 2015), issued an amended 
judgment vacating the regulations that implemented Step 2 of the EPA's 
PSD and Title V Greenhouse Gas Tailoring Rule, but not the regulations 
that implement Step 1 of that rule. Step 1 of the Tailoring Rule covers 
sources that are required to obtain a PSD permit based on emissions of 
pollutants other than GHGs. Step 2 applied to sources that emitted only 
GHGs above the thresholds triggering the requirement to obtain a PSD 
permit. The amended judgment preserves, without the need for additional 
rulemaking by the EPA, the application of the BACT requirement to GHG 
emissions from Step 1 or ``anyway sources.'' \5\[thinsp]With respect to 
Step 2 sources, the D.C. Circuit's amended judgment vacated the 
regulations at issue in the litigation, including 40 CFR 
51.166(b)(48)(v), ``to the extent they require a stationary source to 
obtain a PSD permit if greenhouse gases are the only pollutant (i) that 
the source emits or has the potential to emit above the applicable 
major source thresholds, or (ii) for which there is a significant 
emission increase from a modification.'' The EPA subsequently revised 
our PSD regulations to remove the vacated provisions. 80 FR 50199 (Aug. 
19, 2015).
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    \5\ See 77 FR 41066 (July 12, 2012) (rulemaking for definition 
of ``anyway'' sources).
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    At present, the EPA has determined that Wyoming's SIP is sufficient 
to satisfy Elements (C), (D)(i)(II) prong 3 and (J) with respect to 
GHGs. This is

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because the PSD permitting program previously approved by the EPA into 
the SIP continues to require that PSD permits issued to ``anyway 
sources'' contain limitations on GHG emissions based on the application 
of BACT. The approved Wyoming PSD permitting program still contains 
some provisions regarding Step 2 sources that are no longer necessary 
in light of the Supreme Court decision and D.C. Circuit's amended 
judgment. Nevertheless, the presence of these provisions in the 
previously-approved plan does not render the infrastructure SIP 
submission inadequate to satisfy Elements (C), (D)(i)(II) prong 3 and 
(J). The SIP contains the PSD requirements for applying the BACT 
requirement to greenhouse gas emissions from ``anyway sources'' that 
are necessary at this time. The application of those requirements is 
not impeded by the presence of other previously-approved provisions 
regarding the permitting of Step 2 sources. Accordingly, the Supreme 
Court decision and subsequent D.C. Circuit judgment do not prevent the 
EPA's approval of Wyoming's infrastructure SIP as to the requirements 
of Elements (C), (D)(i)(II) prong 3, and (J).
    Finally, we evaluate the PSD program with respect to current 
requirements for PM2.5. In particular, on May 16, 2008, the 
EPA promulgated the rule, ``Implementation of the New Source Review 
Program for Particulate Matter Less Than 2.5 Micrometers 
(PM2.5)'' (73 FR 28321) (2008 Implementation Rule). On 
October 20, 2010 the EPA promulgated the rule, ``Prevention of 
Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 
Micrometers (PM2.5) Increments, Significant Impact Levels 
(SILs) and Significant Monitoring Concentration (SMC)'' (75 FR 64864). 
The EPA regards adoption of these PM2.5 rules as a necessary 
requirement when assessing a PSD program for the purposes of Element 
(C).
    On January 4, 2013, the U.S. Court of Appeals, in Natural Resources 
Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013), issued a 
judgment that remanded the EPA's 2007 and 2008 rules implementing the 
1997 PM2.5 NAAQS. The court ordered the EPA to 
``repromulgate these rules pursuant to Subpart 4 consistent with this 
opinion.'' Id. at 437. Subpart 4 of part D, Title 1 of the CAA 
establishes additional provisions for particulate matter nonattainment 
areas.
    The 2008 Implementation Rule addressed by Natural Resources Defense 
Council, ``Implementation of New Source Review (NSR) Program for 
Particulate Matter Less Than 2.5 Micrometers (PM2.5),'' (73 
FR 28321, May 16, 2008), promulgated NSR requirements for 
implementation of PM2.5 in nonattainment areas 
(nonattainment NSR) and attainment/unclassifiable areas (PSD). As the 
requirements of Subpart 4 only pertain to nonattainment areas, the EPA 
does not consider the portions of the 2008 Implementation Rule that 
address requirements for PM2.5 attainment and unclassifiable 
areas to be affected by the court's opinion. Moreover, the EPA does not 
anticipate the need to revise any PSD requirements promulgated in the 
2008 Implementation Rule in order to comply with the court's decision. 
Accordingly, the EPA's proposed approval of Wyoming's infrastructure 
SIP as to Elements (C), (D)(i)(II) prong 3, and (J) with respect to the 
PSD requirements promulgated by the 2008 Ozone Implementation rule does 
not conflict with the court's opinion.
    The court's decision with respect to the NNSR requirements 
promulgated by the 2008 Implementation Rule also does not affect the 
EPA's action on the present infrastructure action. The EPA interprets 
the Act to exclude nonattainment area requirements, including 
requirements associated with a NNSR program, from infrastructure SIP 
submissions due three years after adoption or revision of a NAAQS. 
Instead, these elements are typically referred to as nonattainment SIP 
or attainment plan elements, which would be due by the dates 
statutorily prescribed under subpart 2 through 5 under part D, 
extending as far as 10 years following designations for some elements.
    The second PSD requirement for PM2.5 is contained in the 
EPA's October 20, 2010 rule, ``Prevention of Significant Deterioration 
(PSD) for Particulate Matter Less Than 2.5 Micrometers 
(PM2.5)--Increments, Significant Impact Levels (SILs) and 
Significant Monitoring Concentration (SMC)'' (75 FR 64864). The EPA 
regards adoption of the PM2.5 increments as a necessary 
requirement when assessing a PSD program for the purposes of Element 
(C). On July 25, 2011 (76 FR 44265), the EPA approved SIP revisions 
that revised Wyoming's PSD program which incorporated the 2008 
Implementation Rule. The EPA approved revisions to reflect the 2010 
PM2.5 Increment Rule on December 6, 2013 (78 FR 73445). 
Therefore, Wyoming's SIP approved PSD program meets current 
requirements for PM2.5.
    Therefore, the EPA is proposing to approve Wyoming's infrastructure 
SIP for the 2015 ozone NAAQS with respect to the requirement in section 
110(a)(2)(C) to include a PSD permitting program in the SIP that covers 
the requirements for all regulated NSR pollutants as required by part C 
of the Act.
    The State has a SIP-approved minor NSR program, adopted under 
section 110(a)(2)(C) of the Act. The minor NSR program is found in 
Chapter 6, Section 2 of the WAQSR. The EPA previously approved 
Wyoming's minor NSR program into the SIP (at that time as Chapter 1, 
Section 21), and has subsequently approved revisions to the program, 
and at those times there were no objections to the provisions of this 
program. (See, for example, 47 FR 5892, February 9, 1982). Since then, 
the State and the EPA have relied on the State's existing minor NSR 
program to assure that new and modified sources not captured by the 
major NSR permitting program do not interfere with attainment and 
maintenance of the NAAQS.
    Therefore, based on the foregoing, the EPA is proposing to approve 
Wyoming's infrastructure SIP for the 2015 ozone NAAQS with respect to 
the general requirement in section 110(a)(2)(C) to include a program in 
the SIP that regulates the enforcement of control measures in the SIP, 
and the modification and construction of any stationary source as 
necessary to assure that the NAAQS are achieved.
    (d) Interstate Transport: CAA section 110(a)(2)(D)(i) consists of 
four separate elements, or ``prongs.'' CAA section 110(a)(2)(D)(i)(I) 
requires SIPs to contain adequate provisions prohibiting emissions 
which will contribute significantly to nonattainment of the NAAQS in 
any other state (prong 1), and adequate provisions prohibiting 
emissions which will interfere with maintenance of the NAAQS by any 
other state (prong 2). CAA section 110(a)(2)(D)(i)(II) requires SIPs to 
contain adequate provisions prohibiting emissions which will interfere 
with any other state's required measures to prevent significant 
deterioration of its air quality (prong 3), and adequate provisions 
prohibiting emissions which will interfere with any other state's 
required measures to protect visibility (prong 4). This proposed action 
will not address the prongs 1 and 2 portions of the Wyoming 2015 ozone 
infrastructure SIP. We will act on these portions of Wyoming's 
infrastructure SIP in a separate rulemaking action.
    The prong 3 (PSD) requirement of CAA section 110(a)(2)(D)(II) may 
be met for all NAAQS by a state's confirmation in an infrastructure SIP 
submission that new major sources and major modifications in the state 
are subject to

[[Page 66356]]

a comprehensive EPA-approved PSD permitting program in the SIP that 
applies to all regulated NSR pollutants and that satisfies the 
requirements of the EPA's PSD implementation rule(s).\6\
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    \6\ See 2013 Memo.
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    To meet the prong 4 (visibility) requirement of CAA section 
110(a)(2)(D)(i)(II) under the 2015 ozone NAAQS, a SIP must address the 
potential for interference with visibility protection caused by ozone, 
including precursors. An approved regional haze SIP that fully meets 
the regional haze requirements in 40 CFR 51.308 satisfies the 
110(a)(2)(D)(i)(II) requirement for visibility protection as it ensures 
that emissions from the state will not interfere with measures required 
to be included in other state SIPs to protect visibility. In the 
absence of a fully approved regional haze SIP, a state can still make a 
demonstration that satisfies the visibility requirement section of 
110(a)(2)(D)(i)(II).\7\
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    \7\ See 2013 Memo. In addition, the EPA approved the visibility 
requirement of 110(a)(2)(D)(i) for the 1997 Ozone and 
PM2.5 NAAQS for Colorado before taking action on the 
State's regional haze SIP. 76 FR 22036 (April 20, 2011).
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    CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions 
ensuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). CAA section 126 requires notification to neighboring states 
of potential impacts from a new or modified major stationary source and 
specifies how a state may petition the EPA when a major source or group 
of stationary sources in a state is thought to contribute to certain 
pollution problems in another state. CAA section 115 governs the 
process for addressing air pollutants emitted in the United States that 
cause or contribute to air pollution that may reasonably be anticipated 
to endanger public health or welfare in a foreign country.
    (i) State's submission: To address prong 3 (PSD) for the 2015 ozone 
NAAQS, Wyoming references relevant portions of the Wyoming SIP. 
Specifically, the State references WAQSR Chapter 6, sections 4 
(Prevention of significant deterioration), 2 (Permit requirements for 
construction, modification, and operation) and 13 (Nonattainment permit 
requirements). On the basis of these SIP-approved provisions, Wyoming 
concludes that its SIP is sufficient to meet the prong 3 requirements 
of CAA section 110(a)(2)(D)(i)(II).
    To address prong 4 (visibility) for the 2015 ozone NAAQS, Wyoming's 
January 3, 2019 submission pointed to both its regional haze SIP and 
WAQSR Chapter 9, Section 2, ``Visibility,'' to certify that the State 
meets the prong 4 requirements of section 110(a)(2)(D)(i)(II). As 
explained below, this information is relevant in determining whether 
Wyoming's SIP will achieve the emission reductions that the Western 
Regional Air Partnership (WRAP) states mutually agreed are necessary to 
avoid interstate visibility impacts in Class I areas.\8\
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    \8\ See 2013 Memo at 34.
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    To address CAA section 110(a)(2)(D)(ii), Wyoming states that no 
sources within the State are the subject of an active finding under CAA 
section 126, and that there are no final findings under CAA section 115 
against Wyoming with respect to the 2015 8-hour ozone NAAQS. For these 
reasons, Wyoming asserts that its infrastructure SIP meets the 
requirements of CAA section 110(a)(2)(D)(ii) for the 2015 8-hour ozone 
NAAQS.
    (ii) The EPA's analysis:
    Prong 3: Interference with PSD measures.
    As noted, the PSD portion of section 110(a)(2)(D)(i)(II) may be met 
by a state's confirmation in an infrastructure SIP submission that new 
major sources and major modifications in the state are subject to a 
comprehensive EPA-approved PSD permitting program in the SIP that 
applies to all regulated NSR pollutants and that satisfies the 
requirements of the EPA's PSD implementation rule(s).\9\ As discussed 
in Section III.(c)(ii) of this proposed action, Wyoming has such a 
program, and the EPA is therefore proposing to approve Wyoming's SIP 
for the 2015 ozone NAAQS with respect to the requirement in section 
110(a)(2)(C) to include a permit program in the SIP as required by part 
C of the CAA.
---------------------------------------------------------------------------

    \9\ See 2013 Memo at 31.
---------------------------------------------------------------------------

    As stated in the 2013 Memo, in-state sources not subject to PSD for 
any one or more of the pollutants subject to regulation under the CAA 
because they are in a nonattainment area for a NAAQS related to those 
particular pollutants may also have the potential to interfere with PSD 
in an attainment or unclassifiable area of another state. One way a 
state may satisfy prong 3 with respect to these sources is by citing 
EPA-approved nonattainment new source review (NNSR) provisions 
addressing any pollutants for which the state has designated 
nonattainment areas. Wyoming has a SIP-approved NNSR program that 
ensures regulation of major sources and major modifications in 
nonattainment areas.\10\
---------------------------------------------------------------------------

    \10\ See WAQSR Chapter 6, Section 13, and also 81 FR 35273, June 
2, 2016.
---------------------------------------------------------------------------

    As Wyoming's SIP meets PSD requirements for all regulated NSR 
pollutants, and contains a fully approved NNSR program, the EPA is 
proposing to approve the infrastructure SIP submission as meeting the 
applicable requirements of prong 3 of section 110(a)(2)(D)(i) for the 
2015 ozone NAAQS.
    Prong 4: Interference with measures to protect visibility.
    On January 12, 2011, and April 19, 2012, Wyoming submitted to the 
EPA SIP revisions to address the requirements of the regional haze 
program. The EPA approved Wyoming's April 19, 2012 submittal and 
partially approved Wyoming's January 12, 2011 submittal in a final 
action published December 12, 2012 (77 FR 73926). This included the 
EPA's approval of Wyoming's best available retrofit technology (BART) 
alternative for SO2, which relied on the State's 
participation in the backstop SO2 trading program under 40 
CFR 51.309.\11\ In a separate action, the EPA partially approved and 
partially disapproved the remainder of Wyoming's January 12, 2011 SIP 
revision (79 FR 5032, Jan. 30, 2014). In that action, the EPA 
disapproved the following portions of the submittal: Wyoming's 
NOX BART determinations for five units at three facilities; 
the State's reasonable progress goals; monitoring, recordkeeping and 
reporting requirements; portions of the long-term strategy, and; the 
provisions necessary to review reasonably attributable visibility 
improvement. Id. at 5038. The EPA also promulgated a final FIP to 
address these deficiencies. Id.
---------------------------------------------------------------------------

    \11\ Wyoming's ``Western Backstop Sulfur Dioxide Trading 
Program'' can be found in Wyoming Air Quality Standards and 
Regulations (WAQSR) Chapter 14, Section 2.
---------------------------------------------------------------------------

    The 2013 Memo states that section 110(a)(2)(D)(i)(II)'s prong 4 
requirements can be satisfied by approved SIP provisions that the EPA 
has found to adequately address a state's contribution to visibility 
impairment in other states. The EPA interprets prong 4 to be pollutant-
specific, such that the infrastructure SIP submission need only address 
the potential for interference with protection of visibility caused by 
the pollutant (including precursors) to which the new or revised NAAQS 
applies. See 2013 Memo at 33.
    The 2013 Memo lays out two ways in which a state's infrastructure 
SIP submittal may satisfy prong 4. As explained above, one way is 
through a state's confirmation in its infrastructure SIP submittal that 
it has an EPA-approved regional haze SIP in place.

[[Page 66357]]

This approval option is not available in this case due to the 
disapproval and FIP of portions of the Wyoming Regional Haze SIP, as 
discussed previously. Alternatively, in the absence of a fully approved 
regional haze SIP, a state can make a demonstration in its 
infrastructure SIP submittal that emissions within its jurisdiction do 
not interfere with other states' plans to protect visibility. Such a 
submittal should point to measures in the SIP that limit visibility-
impairing pollutants and ensure that the resulting reductions conform 
to any mutually agreed emission reductions under the relevant regional 
haze Regional Planning Organization (RPO) process.\12\
---------------------------------------------------------------------------

    \12\ See id. at 34, and also 76 FR 22036 (April 20, 2011) 
containing EPA's approval of the visibility requirement of 
110(a)(2)(D)(i)(II) based on a demonstration by Colorado that did 
not rely on the Colorado Regional Haze SIP.
---------------------------------------------------------------------------

    WDEQ worked through its RPO, the WRAP, to develop strategies to 
address regional haze. To help states in establishing reasonable 
progress goals for improving visibility in Class I areas, the WRAP 
modeled future visibility conditions based on the mutually agreed 
emissions reductions from each state. The WRAP states then relied on 
this modeling in setting their respective reasonable progress goals. If 
the emissions reductions from measures in Wyoming's SIP were to conform 
with the level of emission reductions the State agreed to include in 
the WRAP modeling, this would be sufficient for the Wyoming SIP to meet 
the prong 4 visibility requirement of CAA section 110(a)(2)(D)(i)(II). 
However, the EPA cannot rely on the emissions reductions from sources 
subject to BART and reasonable progress that are in the FIP rather than 
the Wyoming SIP. For this reason, the emission reductions in the 
Wyoming SIP are less than those included in the WRAP modeling, and 
therefore the EPA does not consider the State's participation in the 
RPO process as satisfying the prong 4 requirements.
    The EPA is proposing to disapprove Wyoming's prong 4 infrastructure 
SIP for the 2015 ozone NAAQS. The EPA's disapproval of Wyoming's 
NOX BART determination in our January 30, 2014 final 
rulemaking included the specific disapproval of the NOx control 
measures the State submitted for PacifiCorp Dave Johnston Unit 3, 
PacifiCorp Wyodak Unit 1, and Basin Electric Laramie River Units 1, 2 
and 3 (See 79 FR 5038). The EPA recently updated the BART determination 
and associated emission limits for Laramie River Units 1, 2 and 3 for 
the Wyoming regional haze FIP. (See 84 FR 22711). However, because this 
BART determination remains in the FIP rather than in Wyoming's SIP, the 
EPA cannot rely on any of these emissions reductions for the purposes 
of finding that the Wyoming SIP satisfies the requirements of prong 4.
    As noted, Wyoming referenced both its Regional Haze SIP and WAQSR 
Chapter 9, Section 2 as justification for the approvability of prong 4 
for the 2015 ozone NAAQS. Because the WDEQ did not provide an 
alternative demonstration that its SIP contains measures to limit 
NOX emissions in accordance with the emission reductions it 
agreed to under the WRAP,\13\ the EPA's disapproval of portions of 
Wyoming's NOX BART determination means that Wyoming's SIP 
does not include measures needed to ensure that its emissions will not 
interfere with other states' plans to protect visibility from the 
effects of NAAQS pollutants impacted by NOX. Specifically, 
NOX is a precursor of ozone, and is also a term which refers 
to both nitrogen oxide (NO) and nitrogen dioxide (NO2). The 
EPA is therefore proposing to disapprove prong 4 of Wyoming's 
infrastructure SIP with regard to the 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \13\ The Visibility section of WAQSR Chapter 9, Section 2 does 
not address NOx emissions reductions.
---------------------------------------------------------------------------

    If the EPA disapproves an infrastructure SIP for prong 4, as we are 
proposing, a FIP obligation will be created. However, as noted 
previously, the EPA has promulgated a FIP for Wyoming that corrects all 
regional haze SIP deficiencies (79 FR 5032, January 30, 2014). 
Therefore, there will be no additional practical consequences from the 
disapproval for WDEQ, the sources within its jurisdiction, or the EPA, 
and the EPA will not be required to take further action with respect to 
these prong 4 disapprovals, if finalized, because the FIP already in 
place would satisfy the requirements with respect to prong 4 (See 2013 
Memo at 34-35). Additionally, since the infrastructure SIP submission 
is not required under part D of title I or in response to a SIP call 
under CAA section 110(k)(5), mandatory sanctions under CAA section 179 
would not apply.
    110(a)(2)(D)(ii): Interstate and international transport 
provisions.
    In the EPA's assessment of CAA section 110(a)(2)(D)(ii), we 
reviewed the information presented by Wyoming in its 2015 Ozone 
infrastructure SIP submission, as well as relevant portions of the EPA-
approved Wyoming SIP. As required by 40 CFR 51.166(q)(2)(iv), Wyoming's 
SIP-approved PSD program requires major new or modified sources to 
provide notice to states whose air quality may be impacted by the 
emissions of sources subject to PSD.\14\ This suffices to meet the 
notice requirement of section 126(a). Wyoming also has no pending 
obligations under sections 126(c) or 115(b) of the CAA. Therefore, the 
Wyoming SIP currently meets the requirements of those sections. For 
these reasons, the EPA is proposing to find that the Wyoming SIP meets 
the requirements of CAA section 110(a)(2)(D)(ii) for the 2015 ozone 
NAAQS.
---------------------------------------------------------------------------

    \14\ See WAQSR Chapter 6, Section 2.
---------------------------------------------------------------------------

    (e) Adequate resources: Section 110(a)(2)(E)(i) requires states to 
provide necessary assurances that the state will have adequate 
personnel, funding, and authority under state law to carry out the SIP 
(and is not prohibited by any provision of federal or state law from 
carrying out the SIP or portion thereof). Section 110(a)(2)(E)(ii) 
requires each state to comply with the requirements respecting state 
boards under CAA section 128. Section 110(a)(2)(E)(iii) requires states 
to ``provide necessary assurances that, where the State has relied on a 
local or regional government, agency, or instrumentality for the 
implementation of any [SIP] provision, the State has responsibility for 
ensuring adequate implementation of such [SIP] provision.''
    The State's submission and the EPA's analysis:
    Sub-elements (i) and (iii): Adequate personnel, funding, and legal 
authority under state law to carry out its SIP, and related issues.
    The provisions contained in Articles 1 and 2 of the Wyoming 
Environmental Quality Act (WEQA) (Chapter 11, Title 35 of the Wyoming 
Statutes) give the State adequate authority to carry out its SIP 
obligations with respect to the 2015 ozone NAAQS.
    With respect to funding, the State receives sections 103 and 105 
grant funds through its PPA along with required state matching funds to 
provide the funding necessary to carry out Wyoming's SIP requirements. 
Wyoming's PPA (available within this docket) with the EPA documents 
resources needed to carry out agreed upon environmental program goals, 
measures, and commitments, including developing and implementing 
appropriate SIPs for all areas of the State. Annually, states update 
these grant commitments based on current SIP requirements, air quality 
planning, and applicable requirements related to the NAAQS. 
Furthermore, WAQSR Chapter 6, Section 2(a)(v), Permit for construction, 
modification, operation,

[[Page 66358]]

requires the owner and operator of each new major source or major 
modification to pay a fee sufficient to cover the cost of reviewing and 
acting on permit applications. Collectively, these rules and 
commitments provide evidence that the WDEQ has adequate personnel (see 
non-regulatory document, Resource Document, cited in Wyoming's 
certifications), funding and legal authority to carry out the State's 
Implementation Plan and related issues.
    With respect to section 110(a)(2)(E)(iii), the State does not rely 
upon any other local or regional government, agency, or instrumentality 
for implementation of the SIP. Therefore, we propose to approve 
Wyoming's SIP as meeting the requirements of section 110(a)(2)(E)(i) 
and (E)(iii) for the 2015 ozone NAAQS.
    Sub-element (ii): State boards.
    Section 110(a)(2)(E)(ii) requires each state's SIP to contain 
provisions that comply with the requirements of section 128 of the CAA. 
Section 128 requires SIPs to contain two explicit requirements: (i) 
That any board or body which approves permits or enforcements orders 
under the CAA shall have at least a majority of members who represent 
the public interest and do not derive a significant portion of their 
income from persons subject to such permits and enforcement orders; and 
(ii) that any potential conflicts of interest by members of such board 
or body or the head of an executive agency with similar powers be 
adequately disclosed.''
    On May 31, 2016, the EPA received a submission from the State of 
Wyoming to address the requirements of section 128 by adopting 
revisions to Chapter 1, Section 16 of the WDEQ's General Rules of 
Practice and Procedure. The Wyoming Environmental Quality Council 
approved these revisions on March 2, 2016. These rules address board 
composition and conflict of interest requirements of section 128(a)(1) 
and (2). We approved this new rule language as meeting the requirements 
of section 128 for the reasons explained in more detail in the notice 
proposing our approval.\15\
---------------------------------------------------------------------------

    \15\ EPA's proposed rule notice (81 FR 78536, Nov. 8, 2016) and 
EPA's final rule notice (82 FR 18992 Apr. 25, 2017).
---------------------------------------------------------------------------

    Based on our prior approval of Wyoming's section 128 submission, we 
propose to approve Wyoming's infrastructure SIP with respect to the 
requirements of Section 110(a)(2)(E)(ii) for 2015 ozone NAAQS.
    (f) Stationary source monitoring system: Section 110(a)(2)(F) 
requires the SIP to require, as may be prescribed by the EPA: (i) The 
installation, maintenance, and replacement of equipment, and the 
implementation of other necessary steps, by owners or operators of 
stationary sources to monitor emissions from such sources; (ii) 
Periodic reports on the nature and amounts of emissions and emissions-
related data from such sources; and (iii) Correlation of such reports 
by the state agency with any emission limitations or standards 
established pursuant to the Act, which reports shall be available at 
reasonable times for public inspection.
    The State's submission and the EPA's analysis: Wyoming's SIP 
approved monitoring provision cited by Wyoming in its certifications 
(WAQSR Chapter 6, Section 2, Permit requirements for construction, 
modification, and operation), pertains to its program of periodic 
emission testing and plant inspections of stationary sources, and 
related testing requirements and protocols (including periodic 
reporting) to assure compliance with emissions limits. WAQSR Chapter 7, 
Section 2 (Continuous Monitoring requirements for existing sources) 
requires certain sources to install and maintain continuous emission 
monitors to assure compliance with emission limitations. Furthermore, 
WAQSR Chapter 8, Section 5 (Ozone nonattainment emission inventory 
rule) pertains to facilities or sources operating in ozone 
nonattainment area(s) and requires each emission inventory to include 
specific reporting and recordkeeping requirements.
    Furthermore, Wyoming is required to submit emissions data to the 
EPA for purposes of the National Emissions Inventory (NEI), as detailed 
above. Wyoming made its last update to the NEI in January 17, 2019. The 
EPA compiles the emissions data, supplementing it where necessary, and 
releases it to the general public through the website http://www.epa.gov/ttn/chief/eiinformation.html.
    Based on the analysis above, we propose to approve Wyoming's SIP as 
meeting the requirements of CAA section 110(a)(2)(F) for the 2015 ozone 
NAAQS.
    (g) Emergency powers: Section 110(a)(2)(G) of the CAA requires 
infrastructure SIPs to ``provide for authority comparable to that in 
[CAA Section 303] and adequate contingency plans to implement such 
authority.''
    Under CAA section 303, the Administrator has authority to 
immediately restrain an air pollution source that presents an imminent 
and substantial endangerment to public health or welfare, or the 
environment. If such action may not practicably assure prompt 
protection, then the Administrator has authority to issue temporary 
administrative orders to protect the public health or welfare, or the 
environment, and such orders can be extended if the EPA subsequently 
files a civil suit.
    The State's submission and the EPA's analysis: Wyoming's SIP 
certification with regard to the section 110(a)(2)(G) requirements cite 
the EPA approved provisions (WAQSR Chapter 12, Section 2, Air pollution 
emergency episodes) which establish a basis for the Division to issue 
notices to the public relating to levels of air pollution from 
``alerts,'' ``warnings,'' and ``emergencies'' to prevent ``a 
substantial threat to the health of persons'' if ``such [pollution] 
levels are sustained or exceeded'' in places that are attaining or have 
attained such pollution levels. Sections 35-11-115(a) and (b) of the 
WEQA also provides the Director power to issue emergency orders ``to 
reduce or discontinue immediately the actions causing the condition of 
pollution'' and institute ``a civil action for immediate injunctive 
relief to halt any activity'' presenting an ``immediate and substantial 
danger to human or animal health or safety.''
    Furthermore, as stated in Wyoming's 2015 ozone certification, WEQA 
Section 35-11-901(a) authorizes the WDEQ to seek a penalty or 
injunction from a court of competent jurisdiction for ``[a]ny person 
who violates, or any director, officer or agent of a corporate 
permittee who willfully and knowingly authorizes, orders or carries out 
the violation of any provision of this act, or any rule, regulation, 
standard or permit adopted hereunder or who violates any determination 
or order of the council pursuant to this act or any rule, regulation, 
standard permit, license or variance. . . .''
    While no single Wyoming statute mirrors the authorities of CAA 
section 303, we propose to find that the combination of WEQA and WAQSR 
provisions previously discussed provide for authority comparable to 
section 303. Section 303 authorizes the Administrator to immediately 
bring suit to restrain and issue emergency orders when necessary, and 
to take prompt administrative action against any person causing or 
contributing to air pollution that presents an imminent and substantial 
endangerment to public health or welfare, or the environment.
    Therefore, we propose that Wyoming's SIP submittals sufficiently 
meet the authority requirement of CAA section 110(a)(2)(G) because they 
demonstrate that Wyoming has

[[Page 66359]]

authority comparable to CAA section 303.
    States must also have adequate contingency plans adopted into their 
SIP to implement the air agency's emergency episode authority (as 
previously discussed). The requirements for contingency plans are set 
forth in 40 CFR part 51, subpart H. Wyoming currently has two regions 
classified as priority II for particulate matter: Cheyenne Intrastate 
and Casper Intrastate. See 40 CFR 52.2621; see also 37 FR 10842. None 
of the State's regions have been classified as a priority I region for 
any pollutant. Id. Wyoming's Emergency Episode Plan and air pollution 
emergency rules (WAQSR Chapter 12, Section 2, Air pollution emergency 
episodes) address PM10 and SO2; establish stages 
of episode criteria; provide for public a proclamation whenever any 
episode stage has been determined to exist; and specify emission 
control actions to be taken at each episode stage. EPA approved 
Wyoming's Emergency Episode Plan and air pollution emergency rules on 
May 31, 1972 (37 FR 10842).
    Based on the above analysis, we propose approval of Wyoming's SIP 
as meeting the requirements of CAA section 110(a)(2)(G) for the 2015 
ozone NAAQS.
    (h) Future SIP revisions: Section 110(a)(2)(H) requires that SIPs 
provide for revision of such plan: (i) From time to time as may be 
necessary to take account of revisions of such national primary or 
secondary ambient air quality standard or the availability of improved 
or more expeditious methods of attaining such standard; and (ii), 
except as provided in paragraph (3)(C), whenever the Administrator 
finds on the basis of information available to the Administrator that 
the SIP is substantially inadequate to attain the NAAQS which it 
implements or to otherwise comply with any additional requirements 
under this [Act].
    The State's submission and the EPA's analysis: The general 
provisions in section 35-11-109 and the particular provision in section 
35-11-202 of the Wyoming Statutes, gives the Director sufficient 
authority to revise the SIP as specified by CAA section 110(a)(2)(H). 
Therefore, we propose to approve Wyoming's SIP as meeting the 
requirements of CAA section 110(a)(2)(H) for the 2015 ozone NAAQS.
    (i) CAA Sec.  110(a)(2)(I): Nonattainment Area Plan Revision Under 
Part D: There are two elements identified in CAA section 110(a)(2) not 
governed by the three-year submission deadline of CAA section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area controls 
are due on nonattainment area plan schedules pursuant to section 172 
and the various pollutant-specific subparts 2 through 5 of part D. 
These are submissions required by: (i) CAA section 110(a)(2)(C) to the 
extent that subsection refers to a permit program as required in part 
D, title I of the CAA; and (ii) section 110(a)(2)(I) which pertain to 
the nonattainment planning requirements of part D, title I of the CAA. 
As a result, this action does not address CAA section 110(a)(2)(C) with 
respect to NNSR or CAA section 110(a)(2)(I).
    (j) CAA Sec.  110(a)(2)(J): Consultation with government officials, 
public notification, PSD and visibility protection: CAA section 
110(a)(2)(J) requires states to provide a process for consultation with 
local governments and Federal Land Managers (FLMs) pursuant to CAA 
section 121. CAA section 110(a)(2)(J) further requires states to notify 
the public if NAAQS are exceeded in an area and to enhance public 
awareness of measures that can be taken to prevent exceedances pursuant 
to CAA section 127. Lastly, CAA section 110(a)(2)(J) requires states to 
meet applicable requirements of part C, title I of the CAA related to 
prevention of significant deterioration and visibility protection.
    (i) State's submission: The Wyoming submission references the 
following laws and regulations relating to consultation with identified 
officials on certain air agency actions: public notification; 
prevention of significant deterioration; and visibility protection:
     Consultation SIP Document, approved by the EPA (44 FR 
38473, July 2, 1979);
     Public Notification of Air Quality SIP Document, approved 
by the EPA (44 FR 38473, July 2, 1979);
     Wyoming SIP for Class I Visibility Protection SIP 
Document, approved by the EPA (54 FR 6912, February 15, 1989);
     WAQSR, Section 28, Visibility;
     WAQSR, Section 28, Visibility, Chapter 6, Section 4, 
Prevention of significant deterioration; and
     WAQSR, Section 28, Visibility, Chapter 9, Section 2, 
Visibility.
    (ii) The EPA's analysis: Wyoming has demonstrated that it has the 
authority and rules in place to provide a process of consultation with 
general purpose local governments, designated organizations of elected 
officials of local governments and any FLM having authority over 
federal land to which the SIP applies, consistent with the requirements 
of CAA section 121 (see (44 FR 38473, July 2, 1979); and Wyoming's non-
regulatory document, Intergovernmental Cooperation (37 FR 10842, May 
31, 1972). Moreover, the non-regulatory document, Public Notification 
of Air Quality, approved by the EPA on July 2, 1979 (44 FR 38473), 
meets the general requirements of CAA section 127 to notify the public 
when the NAAQS have been exceeded.
    Addressing the requirement in CAA section 110(a)(2)(J) that the SIP 
meet the applicable requirements of part C, title I of the CAA, we have 
evaluated this requirement in the context of CAA section 110(a)(2)(C). 
The EPA most recently approved revisions to Wyoming's PSD program on 
October 12, 2016 (81 FR 70362), updating the program for current 
Federal requirements. Therefore, we are proposing to approve the 
Wyoming SIP as meeting the requirements of CAA section 110(a)(2)(J) 
with respect to PSD for the 2015 ozone NAAQS.
    With regard to applicable visibility protection requirements, the 
EPA recognizes that states are subject to visibility and regional haze 
program requirements under part C of the Act. In the event of the 
establishment of a new NAAQS, however, the visibility and regional haze 
program requirements under part C do not change. Consequently, we find 
that there is no new applicable requirement relating to visibility 
triggered under CAA section 110(a)(2)(J) when a new NAAQS becomes 
effective.
    Based on the above analysis, we are proposing to approve the 
Wyoming SIP as meeting the requirements of CAA section 110(a)(2)(J) for 
the 2015 ozone NAAQS.
    (k) CAA Sec.  110(a)(2)(K): Air Quality and Modeling/Data: CAA 
section 110(a)(2)(K) requires that SIPs provide for (i) the performance 
of air quality modeling as the Administrator may prescribe for the 
purpose of predicting the effect on ambient air quality of any 
emissions of any air pollutant for which the Administrator has 
established a NAAQS, and (ii) the submission, upon request, of data 
related to such air quality modeling to the Administrator.
    The EPA's requirements for air quality modeling for criteria 
pollutants are found in 40 CFR part 51, Appendix W, Guideline on Air 
Quality Models. On January 17, 2017 (82 FR 5182), the EPA revised 
Appendix W, effective February 16, 2017. The Federal Register notice 
stated: ``For all regulatory applications covered under the Guideline, 
except for transportation conformity, the changes to the appendix A 
preferred models and revisions to the requirements and recommendations 
of the Guideline must be integrated into the regulatory processes of 
respective reviewing

[[Page 66360]]

authorities and followed by applicants by no later than January 17, 
2018.''
    (i) State's submission: The Wyoming submission refers to the 
following rules and regulations that provide for NAAQS pollutant air 
quality modeling and the submission of such data to the EPA:
     WAQSR, chapter 6, section 2, Permit requirements for 
construction, modification, and operation; and
     WAQSR, chapter 6, section 4, Prevention of significant 
deterioration.
    (ii) The EPA's analysis: Wyoming's PSD program requires that 
estimates of ambient air concentrations are based on applicable air 
quality models specified in appendix W of 40 CFR part 51, and that 
modification or substitution of a model specified in appendix W must be 
approved by the Administrator (see WAQSR Chapter 6, Section 2(b)(iv)). 
Section 14 of Chapter 6, as last approved by the EPA on September 28, 
2018 (83 FR 47564), specifies an incorporation by reference date of 
July 1, 2017 for all references to the CFR, including appendices, 
throughout Chapter 6. Thus, Wyoming's approved PSD program applies the 
recent revisions to Appendix W described above.
    Additionally, WAQSR Chapter 6, Section 2(f)(iv) authorizes the AQD 
Administrator to impose any reasonable conditions upon an approval to 
construct, modify or operate, including modeling ``to determine the 
effect which emissions from a source may have, or is having, on air 
quality in any area which may be affected by emissions from such 
source.'' Additionally, WEQA 35-11-1101(b) and Wyoming's PPA with the 
EPA provide Wyoming the authority to submit air quality modeling data 
to the Administrator. As a result, the SIP provides for such air 
quality modeling as the Administrator has prescribed.
    Based on the above information, we are proposing to approve the 
Wyoming SIP as meeting the requirements of CAA section 110(a)(2)(K) for 
the 2015 ozone NAAQS.
    (l) CAA Sec.  110(a)(2)(L): Permitting Fees: CAA section 
110(a)(2)(L) directs SIPs to require each major stationary source to 
pay permitting fees to cover the cost of reviewing, approving, 
implementing and enforcing a permit.
    (i) State's submission: The Wyoming submission refers to the SIP, 
and the following WAQSR, and WEQA regulations as authority to require 
each major stationary source to pay permitting fees to cover the cost 
of reviewing, approving, implementing and enforcing a permit:
     WAQSR, Chapter 6, Section 2; and
     WEQA, Section 35-11-211(a).
    (ii) The EPA's analysis: The WAQSR Chapter 6 regulations, approved 
by the EPA on August 27, 2004 (69 FR 44965), provide for construction, 
modification, operation, and operating requirements, and include permit 
fee assessment provisions. Additionally, the WEQA regulations require 
that permit fees cover the direct and indirect costs of reviewing, 
acting upon, implementing and enforcing a permit; therefore, the EPA is 
proposing that Wyoming has satisfied the requirements of CAA section 
110(a)(2)(L) for the 2015 ozone NAAQS.
    (m) CAA Sec.  110(a)(2)(M): Consultation/Participation by Affected 
Local Entities: CAA section 110(a)(2)(M) requires states to provide for 
consultation and participation in SIP development by local political 
subdivisions affected by the SIP.
    (i) State's submission: Wyoming cited the following non-regulatory 
document, Intergovernmental Cooperation Document, approved by the EPA 
on May 31, 1972 (37 FR 10842) as state approved regulations that meet 
the requirements to provide for consultation and participation with 
local political subdivisions during SIP development.
    (ii) The EPA's analysis: The document cited by Wyoming confers 
power to WDEQ to ``advise, consult, and cooperate with agencies of the 
United States, and political subdivisions of this state and industries 
and other effective groups in this state in furtherance of the 
proposals of this act.'' Therefore, we find that Wyoming's submittal 
meets the requirements of CAA Section 110(a)(2)(M) for the 2015 ozone 
NAAQS.

IV. Proposed Action

    In today's rulemaking, we are proposing approval for multiple 
elements of the infrastructure SIP requirements for the 2015 ozone 
NAAQS for Wyoming's infrastructure SIP submittal. Our proposed actions 
by element of section 110(a)(2) are contained in Table 1 below.
    The EPA is proposing to approve Wyoming's January 3, 2019 SIP 
submission for the following CAA section 110(a)(2) infrastructure 
elements for the 2015 ozone NAAQS: (A), (B), (C), (D)(i)(II) Prong 3 
Interstate transport--prevention of significant deterioration, (D)(ii), 
(E), (F), (G), (H), (J), (K), (L), and (M). The EPA is not taking 
action at this time on (D)(i)(I) Prong 1 Interstate transport--
significant contribution, and (D)(i)(I) Prong 2 Interstate transport--
interference with maintenance; we intend to address (D)(i)(I) Prongs 1 
and 2 in a separate, future action. The EPA is also proposing to 
disapprove (D)(i)(II) Prong 4 Interstate transport--visibility. As 
noted, finalization of the prong 4 disapproval would not have 
additional practical consequences for the State or the EPA because the 
FIP already in place would satisfy the prong 4 requirements for this 
NAAQS.

Table 1--Infrastructure Elements That the EPA Is Proposing to Act on

    In the table below, the key is as follows:
    A--Approve.
    D--Disapprove.
    NA--No Action. We intend to address the element in a separate 
rulemaking action.

------------------------------------------------------------------------
    2015 Ozone NAAQS infrastructure SIP
                  elements                             Wyoming
------------------------------------------------------------------------
(A): Emission Limits and Other Control       A
 Measures.
(B): Ambient Air Quality Monitoring/Data     A
 System.
(C): Program for Enforcement of Control      A
 Measures.
(D)(i)(I): Prong 1 Interstate Transport--    NA
 significant contribution.
(D)(i)(I): Prong 2 Interstate Transport--    NA
 interference with maintenance.
(D)(i)(II): Prong 3 Interstate Transport--   A
 prevention of significant deterioration.
(D)(i)(II): Prong 4 Interstate Transport--   D
 visibility.
(D)(ii): Interstate and International        A
 Pollution Abatement.
(E): Adequate Resources....................  A
(F): Stationary Source Monitoring System...  A
(G): Emergency Episodes....................  A
(H): Future SIP revisions..................  A
(J): Consultation with Government            A
 Officials, Public Notification, PSD and
 Visibility Protection.
(K): Air Quality and Modeling/Data.........  A
(L): Permitting Fees.......................  A
(M): Consultation/Participation by Affected  A
 Local Entities.
------------------------------------------------------------------------

V. 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 choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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

[[Page 66361]]

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 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, 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 proposed 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).

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: November 26, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019-26028 Filed 12-3-19; 8:45 am]
BILLING CODE 6560-50-P


