[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Rules and Regulations]
[Pages 38325-38327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13144]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0623; FRL-10010-53-Region 8]


Approval and Promulgation of Implementation Plans; Wyoming; 
Regional Haze 5-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
regional haze progress report State Implementation Plan (SIP) revision 
submitted by the State of Wyoming on November 28, 2017. The revision 
addresses the requirements for states to submit periodic reports 
describing progress toward reasonable progress goals established for 
regional haze and a determination of adequacy of the State's existing 
regional haze SIP and federal implementation plan (FIP). The EPA is 
taking this action pursuant to section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on July 27, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0623. 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

[[Page 38326]]

the internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please call or email the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6252, dobrahner.jaslyn@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    Under the Regional Haze Rule, states are required to submit 
progress reports that evaluate progress towards the reasonable progress 
goals for each mandatory Federal Class I area within the state and in 
each Class I area outside the state that may be affected by emissions 
from within the state.\1\ In addition, the provisions also require 
states to submit, at the same time as the progress report, a 
determination of the adequacy of the state's existing regional haze 
plan. The first progress report must be in the form of a SIP revision 
and is due 5 years after submittal of the initial regional haze SIP.
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    \1\ 40 CFR 51.309(d)(10).
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    On November 28, 2017, Wyoming submitted a Progress Report SIP 
revision which: (1) Detailed the progress made toward achieving 
progress for improving visibility at Class I areas,\2\ and (2) declared 
a determination of adequacy of the State's regional haze plan to meet 
reasonable progress goals.
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    \2\ 42 U.S.C. 7491(a). Areas designated as mandatory Class I 
Federal areas consist of national parks exceeding 6,000 acres, 
wilderness areas and national memorial parks exceeding 5,000 acres, 
and all international parks that were in existence on August 7, 
1977. 42 U.S.C. 7472(a). In accordance with section 169A of the CAA, 
EPA, in consultation with the Department of Interior, promulgated a 
list of 156 areas where visibility is identified as an important 
value. 44 FR 69122 (November 30, 1979). The extent of a mandatory 
Class I area includes subsequent changes in boundaries, such as park 
expansions. 42 U.S.C. 7472(a). Although states and tribes may 
designate as Class I additional areas whose visibility they consider 
to be an important value, the requirements of the visibility program 
set forth in section 169A of the CAA apply only to ``mandatory Class 
I Federal areas.'' Each mandatory Class I Federal area is the 
responsibility of a ``Federal Land Manager.'' 42 U.S.C. 7602(i). 
When we use the term ``Class I area'' in this section, we mean a 
``mandatory Class I Federal area.''
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    On April 17, 2020, the EPA published a proposed rulemaking titled 
``Approval and Promulgation of Implementation Plans; Wyoming; Regional 
Haze 5-Year Progress Report State Implementation Plan'' proposing to 
approve Wyoming's Progress Report SIP revision.\3\ The rationale for 
the EPA's proposed action is explained in the proposed rulemaking and 
will not be restated here. The EPA is finalizing its proposed approval 
of the Progress Report as meeting the applicable regional haze 
requirements set forth in 40 CFR 51.309(d)(10).
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    \3\ 85 FR 21341 (April 17, 2020).
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II. Response to Comments

    We did not receive any comments on our proposed rulemaking during 
the public comment period.

III. Final Action

    The EPA is finalizing approval of Wyoming's November 28, 2017, 
Regional Haze Progress Report as meeting the applicable regional haze 
requirements set forth in 40 CFR 51.309(d)(10).

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 choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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, 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 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 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. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 25, 2020. 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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,

[[Page 38327]]

Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: June 12, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, the EPA amends 40 CFR 
part 52 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 (e) is amended by revising 
the entry ``(32) XXXII'' to read as follows:


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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                                                  * * * * * * *
(32) XXXII............  Wyoming State          11/17/2017       7/27/2020  [insert Federal
                         Implementation                                     Register
                         Plan 5-Year                                        citation], 6/26/
                         Progress Report                                    2020.
                         for Regional
                         Haze.
 
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[FR Doc. 2020-13144 Filed 6-25-20; 8:45 am]
BILLING CODE 6560-50-P


