80_FR_45754 80 FR 45607 - Approval and Promulgation of Implementation Plans; Wyoming; Revisions to SO2

80 FR 45607 - Approval and Promulgation of Implementation Plans; Wyoming; Revisions to SO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 147 (July 31, 2015)

Page Range45607-45609
FR Document2015-18515

The Environmental Protection Agency (EPA) is taking direct final action to approve changes to Wyoming's State Implementation Plan (SIP) that update its ambient air quality standards with regard to the 1-hour sulfur dioxide (SO<INF>2</INF>) and secondary SO<INF>2</INF> National Ambient Air Quality Standards (NAAQS). On February 7, 2014, the Wyoming Department of Environmental Quality (WDEQ) submitted to EPA revisions to the Wyoming SIP. Specifically, the State revised Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 2, Section 4, ``Ambient standards for sulfur oxides.'' In this action, EPA is taking direct final action to approve some of the revisions provided in that SIP submission. This action is being taken in accordance with section 110 of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 147 (Friday, July 31, 2015)
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Rules and Regulations]
[Pages 45607-45609]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18515]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0187; FRL-9931-38-Region 8]


Approval and Promulgation of Implementation Plans; Wyoming; 
Revisions to SO2 Ambient Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve changes to Wyoming's State Implementation Plan 
(SIP) that update its ambient air quality standards with regard to the 
1-hour sulfur dioxide (SO2) and secondary SO2 
National Ambient Air Quality Standards (NAAQS). On February 7, 2014, 
the Wyoming Department of Environmental Quality (WDEQ) submitted to EPA 
revisions to the Wyoming SIP. Specifically, the State revised Wyoming 
Air Quality Standards and Regulations (WAQSR) Chapter 2, Section 4, 
``Ambient standards for sulfur oxides.'' In this action, EPA is taking 
direct final action to approve some of the revisions provided in that 
SIP submission. This action is being taken in accordance with section 
110 of the Clean Air Act (CAA).

DATES: This rule is effective on September 29, 2015 without further 
notice, unless EPA receives adverse comment by August 31, 2015. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit comments to EPA Region 8, Office of Partnerships and 
Regulatory Assistance, Air Program, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
    Docket: The EPA has established a docket for this action under 
Docket Identification Number EPA-R08-OAR-2014-0187. All documents in 
the docket are listed on the http://www.regulations.gov Web site. 
Although listed in the index, some information may not be publicly 
available, i.e., Confidential Business Information or other information 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in the hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at EPA Region 8, Office of 
Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that you contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. The Regional Office's official hours 
of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding 
federal holidays. An electronic copy of the State's SIP compilation is 
also available at http://www.epa.gov/region8/air/sip.html.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, EPA, Region 
8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 
(303) 312-6227, [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit this information to EPA through www.regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark 
the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that

[[Page 45608]]

is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Background

    Based on its review of the air quality criteria for oxides of 
sulfur and the primary NAAQS for oxides of sulfur as measured by 
SO2, the EPA promulgated a revised primary SO2 
NAAQS on June 22, 2010 (75 FR 35520-35603). Specifically, the EPA 
established a 1-hour primary SO2 standard of 75 parts per 
billion (ppb), based on the 3-year average of the annual 99th 
percentile of 1-hour daily maximum concentrations. On May 22, 1996, EPA 
promulgated a 3-hour secondary SO2 standard of 0.5 parts per 
million (ppm), not to be exceeded more than once per calendar year (61 
FR 25580).
    On February 7, 2014, the WDEQ submitted to EPA SIP revisions 
updating WAQSR Chapter 2, ``Ambient Standards,'' Section 4, ``Ambient 
standards for sulfur oxides.'' The State revised this chapter to 
incorporate the 2010 1-hour SO2 standard into the Wyoming 
SIP and updated the secondary 3-hour SO2 standard of 0.5 
parts per million (ppm), not to be exceeded more than once per calendar 
year.

III. Wyoming Revisions and EPA Analysis

    As noted, the State revised WAQSR Chapter 2, Section 4 to adopt the 
2010 1-hour SO2 standard. The language Wyoming incorporated 
into Chapter 2, Section 4, part (b) adopts the same language found at 
40 CFR 50.17, (``National primary ambient air quality standards for 
sulfur oxides (sulfur dioxide)).'' EPA is taking direct final action to 
approve this addition into the Wyoming SIP.
    Finally, Wyoming adopted the secondary 3-hour SO2 
standard into WAQSR Chapter 2, Section 4, part (c). This provision 
adopts the same language found at 40 CFR 50.5 (``National secondary 
ambient air quality standard for sulfur oxides (sulfur dioxide))'' into 
the WAQSR. EPA is taking direct final action to approve the addition of 
this language into the Wyoming SIP.

IV. EPA's Direct Final Action

    EPA is taking direct final action to approve revisions, submitted 
on February 7, 2014, to WAQSR Chapter 2, ``Ambient Standards,'' Section 
4, ``Ambient standards for sulfur oxides,'' because these revisions are 
consistent with the federal regulations provided in 40 CFR part 50, 
sections 5 and 17. In particular, we are approving proposed revisions 
to WAQSR Chapter 2, Section 4(a)(iii), 4(b), (b)(i), (b)(ii), (c), 
(c)(i), and (c)(ii). EPA is not taking action on proposed revisions to 
WAQSR Chapter 2, Section 4(a), 4(a)(i) and (a)(ii) in this rulemaking.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the WDEQ 
rules described in the amendments to 40 CFR part 52 set forth in this 
document. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
actions, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this direct final action merely approves state law 
provisions as meeting federal requirements and does not propose 
additional requirements beyond those imposed by state law.
    For that reason, this direct 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, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide 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).
    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

[[Page 45609]]

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 rule 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 September 29, 2015. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, 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: July 1, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority for 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 titled ``State of Wyoming Regulations'' 
in paragraph (c)(1) is amended under Chapter 2 by revising the entry 
for section 4 to read as follows:


Sec.  52.2620  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                    State adopted and    EPA approval date
       State citation            Title/subject        effective date      and citation \1\       Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 2
----------------------------------------------------------------------------------------------------------------
Section 4...................  Ambient standards    10/5/2012, 12/19/    7/31/15, [insert     ...................
                               for sulfur oxides.   2012.                Federal Register
                                                                         citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

* * * * *
[FR Doc. 2015-18515 Filed 7-30-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations                                         45607

                                             ACTION: Notice of enforcement of                         granted authorization to enter the safety             DATES:  This rule is effective on
                                             regulation.                                              zone shall obey all lawful orders or                  September 29, 2015 without further
                                                                                                      directions made by the Captain of the                 notice, unless EPA receives adverse
                                             SUMMARY:   The Coast Guard will enforce                  Port or Designated Representative.                    comment by August 31, 2015. If adverse
                                             the annual Seafair Air Show safety zone                    The Captain of the Port may be                      comment is received, EPA will publish
                                             on Lake Washington, Seattle, WA from                     assisted by other federal, state and local            a timely withdrawal of the direct final
                                             8 a.m. on July 30, 2015 to 4 p.m. on                     law enforcement agencies in enforcing                 rule in the Federal Register informing
                                             August 2, 2015. This action is necessary                 this regulation.                                      the public that the rule will not take
                                             to ensure the safety of the public from                    This notice of enforcement is issued                effect.
                                             inherent dangers associated with these                   under authority of 33 CFR 165.1319 and
                                             annual aerial displays. During the                                                                             ADDRESSES:   Submit comments to EPA
                                                                                                      5 U.S.C. 552(a). In addition to this                  Region 8, Office of Partnerships and
                                             enforcement period, no person or vessel                  notice in the Federal Register, the Coast
                                             may enter or transit this safety zone                                                                          Regulatory Assistance, Air Program,
                                                                                                      Guard will provide the maritime                       1595 Wynkoop Street, Denver, Colorado
                                             unless authorized by the Captain of the                  community with advanced notification
                                             Port or Designated Representative.                                                                             80202–1129.
                                                                                                      of the safety zone via the Local Notice                  Docket: The EPA has established a
                                             DATES: The regulations in 33 CFR                         to Mariners and marine information                    docket for this action under Docket
                                             165.1319 will be enforced from 8 a.m.                    broadcasts on the day of the event. If the            Identification Number EPA–R08–OAR–
                                             on July 30, 2015 through 4 p.m. on                       COTP determines that the safety zone                  2014–0187. All documents in the docket
                                             August 2, 2015.                                          need not be enforced for the full                     are listed on the http://
                                             FOR FURTHER INFORMATION CONTACT: If                      duration stated in this notice of                     www.regulations.gov Web site. Although
                                             you have questions on this notice of                     enforcement, he may use a Broadcast                   listed in the index, some information
                                             enforcement, call or email LTJG Johnny                   Notice to Mariners to grant general                   may not be publicly available, i.e.,
                                             Zeng, Sector Puget Sound Waterways                       permission to enter the regulated area.               Confidential Business Information or
                                             Management Division, Coast Guard;                           Dated: July 17, 2015.                              other information the disclosure of
                                             telephone (206) 217–6323, email                          T.A. Griffitts,                                       which is restricted by statute. Certain
                                             SectorPugetSoundWWM@uscg.mil.                            Captain, U.S. Coast Guard, Acting Captain             other material, such as copyrighted
                                             SUPPLEMENTARY INFORMATION: The Coast                     of the Port, Puget Sound.                             material, is not placed on the Internet
                                             Guard will enforce the Seafair Air Show                  [FR Doc. 2015–18846 Filed 7–30–15; 8:45 am]           and will be publicly available only in
                                             Performance safety zone in 33 CFR                        BILLING CODE 9110–04–P                                the hard copy form. Publicly available
                                             165.1319 daily from 8 a.m. until 4 p.m.                                                                        docket materials are available either
                                             from July 30, 2015 through August 2,                                                                           electronically through http://
                                             2015 unless canceled sooner by the                                                                             www.regulations.gov or in hard copy at
                                             Captain of the Port.                                     ENVIRONMENTAL PROTECTION                              EPA Region 8, Office of Partnerships
                                                Under the provisions of 33 CFR                        AGENCY                                                and Regulatory Assistance, Air Program,
                                             165.1319, the following area is                                                                                1595 Wynkoop Street, Denver, Colorado
                                             designated as a safety zone: All waters                  40 CFR Part 52                                        80202–1129. The EPA requests that you
                                             of Lake Washington, Washington State,                                                                          contact the individual listed in the FOR
                                             enclosed by the following points: Near                   [EPA–R08–OAR–2014–0187; FRL–9931–38–                  FURTHER INFORMATION CONTACT section to
                                             the termination of Roanoke Way                           Region 8]
                                                                                                                                                            view the hard copy of the docket. The
                                             47°35′44″ N., 122°14′47″ W.; thence to                                                                         Regional Office’s official hours of
                                                                                                      Approval and Promulgation of
                                             47°35′48″ N., 122°15′45″ W.; thence to                                                                         business are Monday through Friday,
                                                                                                      Implementation Plans; Wyoming;
                                             47°36′02.1″ N., 122°15′50.2″ W.; thence                                                                        8:00 a.m.–4:00 p.m., excluding federal
                                                                                                      Revisions to SO2 Ambient Standards
                                             to 47°35′56.6″ N., 122°16′29.2″ W.;                                                                            holidays. An electronic copy of the
                                             thence to 47°35′42″ N., 122°16′24″ W.;                   AGENCY: Environmental Protection                      State’s SIP compilation is also available
                                             thence to the east side of the entrance                  Agency (EPA).                                         at http://www.epa.gov/region8/air/
                                             to the west high-rise of the Interstate 90               ACTION: Direct final rule.                            sip.html.
                                             bridge; thence westerly along the south
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                             side of the bridge to the shoreline on the               SUMMARY:    The Environmental Protection
                                                                                                                                                            Kevin Leone, Air Program, EPA, Region
                                             western terminus of the bridge; thence                   Agency (EPA) is taking direct final
                                                                                                                                                            8, Mailcode 8P–AR, 1595 Wynkoop
                                             southerly along the shoreline to                         action to approve changes to Wyoming’s
                                                                                                                                                            Street, Denver, Colorado 80202–1129,
                                             Andrews Bay at 47°33′06″ N.,                             State Implementation Plan (SIP) that
                                                                                                                                                            (303) 312–6227, leone.kevin@epa.gov.
                                             122°15′32″ W.; thence northeast along                    update its ambient air quality standards
                                                                                                      with regard to the 1-hour sulfur dioxide              SUPPLEMENTARY INFORMATION:
                                             the shoreline of Bailey Peninsula to its
                                             northeast point at 47°33′44″ N.,                         (SO2) and secondary SO2 National                      I. General Information
                                             122°15′04″ W.; thence easterly along the                 Ambient Air Quality Standards
                                             east-west line drawn tangent to Bailey                   (NAAQS). On February 7, 2014, the                     What should I consider as I prepare my
                                             Peninsula; thence northerly along the                    Wyoming Department of Environmental                   comments for EPA?
                                             shore of Mercer Island to the point of                   Quality (WDEQ) submitted to EPA                         1. Submitting Confidential Business
                                             origin. [Datum: NAD 1983]                                revisions to the Wyoming SIP.                         Information (CBI). Do not submit this
                                               In accordance with the general                         Specifically, the State revised Wyoming               information to EPA through
                                             regulations in 33 CFR part 165, subpart                  Air Quality Standards and Regulations                 www.regulations.gov or email. Clearly
                                             C, no person or vessel may enter or                      (WAQSR) Chapter 2, Section 4,                         mark the part or all of the information
rmajette on DSK2VPTVN1PROD with RULES




                                             remain in the zone except for support                    ‘‘Ambient standards for sulfur oxides.’’              that you claim to be CBI. For CBI
                                             vessels and support personnel, vessels                   In this action, EPA is taking direct final            information in a disk or CD–ROM that
                                             registered with the event organizer, or                  action to approve some of the revisions               you mail to EPA, mark the outside of the
                                             other vessels authorized by the Captain                  provided in that SIP submission. This                 disk or CD–ROM as CBI and then
                                             of the Port or Designated                                action is being taken in accordance with              identify electronically within the disk or
                                             Representatives. Vessels and persons                     section 110 of the Clean Air Act (CAA).               CD–ROM the specific information that


                                        VerDate Sep<11>2014   13:25 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\31JYR1.SGM   31JYR1


                                             45608                Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations

                                             is claimed as CBI. In addition to one                    exceeded more than once per calendar                  40 CFR 52.02(a). Thus, in reviewing SIP
                                             complete version of the comment that                     year.                                                 submissions, EPA’s role is to approve
                                             includes information claimed as CBI, a                                                                         state actions, provided that they meet
                                                                                                      III. Wyoming Revisions and EPA
                                             copy of the comment that does not                                                                              the criteria of the Clean Air Act.
                                                                                                      Analysis
                                             contain the information claimed as CBI                                                                         Accordingly, this direct final action
                                             must be submitted for inclusion in the                      As noted, the State revised WAQSR                  merely approves state law provisions as
                                             public docket. Information so marked                     Chapter 2, Section 4 to adopt the 2010                meeting federal requirements and does
                                             will not be disclosed except in                          1-hour SO2 standard. The language                     not propose additional requirements
                                             accordance with procedures set forth in                  Wyoming incorporated into Chapter 2,                  beyond those imposed by state law.
                                             40 CFR part 2.                                           Section 4, part (b) adopts the same                      For that reason, this direct final
                                                2. Tips for Preparing Your Comments.                  language found at 40 CFR 50.17,                       action:
                                             When submitting comments, remember                       (‘‘National primary ambient air quality                  • Is not a ‘‘significant regulatory
                                             to:                                                      standards for sulfur oxides (sulfur                   action’’ subject to review by the Office
                                                a. Identify the rulemaking by docket                  dioxide)).’’ EPA is taking direct final               of Management and Budget under
                                             number and other identifying                             action to approve this addition into the              Executive Order 12866 (58 FR 51735,
                                             information (subject heading, Federal                    Wyoming SIP.                                          October 4, 1993);
                                             Register date and page number).                             Finally, Wyoming adopted the                          • Does not impose an information
                                                b. Follow directions—The agency may                   secondary 3-hour SO2 standard into                    collection burden under the provisions
                                             ask you to respond to specific questions                 WAQSR Chapter 2, Section 4, part (c).                 of the Paperwork Reduction Act (44
                                             or organize comments by referencing a                    This provision adopts the same                        U.S.C. 3501 et seq.);
                                             Code of Federal Regulations (CFR) part                   language found at 40 CFR 50.5                            • Is certified as not having a
                                             or section number.                                       (‘‘National secondary ambient air                     significant economic impact on a
                                                c. Explain why you agree or disagree;                 quality standard for sulfur oxides (sulfur            substantial number of small entities
                                             suggest alternatives and substitute                      dioxide))’’ into the WAQSR. EPA is                    under the Regulatory Flexibility Act (5
                                             language for your requested changes.                     taking direct final action to approve the             U.S.C. 601 et seq.);
                                                d. Describe any assumptions and                       addition of this language into the                       • Does not contain any unfunded
                                             provide any technical information and/                   Wyoming SIP.                                          mandate or significantly or uniquely
                                             or data that you used.                                                                                         affect small governments, as described
                                                e. If you estimate potential costs or                 IV. EPA’s Direct Final Action                         in the Unfunded Mandates Reform Act
                                             burdens, explain how you arrived at                         EPA is taking direct final action to               of 1995 (Pub. L. 104–4);
                                             your estimate in sufficient detail to                    approve revisions, submitted on                          • Does not have federalism
                                             allow for it to be reproduced.                           February 7, 2014, to WAQSR Chapter 2,                 implications as specified in Executive
                                                f. Provide specific examples to                       ‘‘Ambient Standards,’’ Section 4,                     Order 13132 (64 FR 43255, August 10,
                                             illustrate your concerns, and suggest                    ‘‘Ambient standards for sulfur oxides,’’              1999);
                                             alternatives.                                            because these revisions are consistent                   • Is not an economically significant
                                                g. Explain your views as clearly as                   with the federal regulations provided in              regulatory action based on health or
                                             possible, avoiding the use of profanity                  40 CFR part 50, sections 5 and 17. In                 safety risks subject to Executive Order
                                             or personal threats.                                     particular, we are approving proposed                 13045 (62 FR 19885, April 23, 1997);
                                                h. Make sure to submit your                           revisions to WAQSR Chapter 2, Section                    • Is not a significant regulatory action
                                             comments by the comment period                           4(a)(iii), 4(b), (b)(i), (b)(ii), (c), (c)(i), and    subject to Executive Order 13211 (66 FR
                                             deadline identified.                                     (c)(ii). EPA is not taking action on                  28355, May 22, 2001);
                                                                                                      proposed revisions to WAQSR Chapter                      • Is not subject to requirements of
                                             II. Background
                                                                                                      2, Section 4(a), 4(a)(i) and (a)(ii) in this          Section 12(d) of the National
                                                Based on its review of the air quality                rulemaking.                                           Technology Transfer and Advancement
                                             criteria for oxides of sulfur and the                                                                          Act of 1995 (15 U.S.C. 272 note) because
                                             primary NAAQS for oxides of sulfur as                    V. Incorporation by Reference                         application of those requirements would
                                             measured by SO2, the EPA promulgated                       In this rule, the EPA is finalizing                 be inconsistent with the Clean Air Act;
                                             a revised primary SO2 NAAQS on June                      regulatory text that includes                         and
                                             22, 2010 (75 FR 35520–35603).                            incorporation by reference. In                           • Does not provide EPA with the
                                             Specifically, the EPA established a 1-                   accordance with requirements of 1 CFR                 discretionary authority to address, as
                                             hour primary SO2 standard of 75 parts                    51.5, the EPA is finalizing the                       appropriate, disproportionate human
                                             per billion (ppb), based on the 3-year                   incorporation by reference of the WDEQ                health or environmental effects, using
                                             average of the annual 99th percentile of                 rules described in the amendments to 40               practicable and legally permissible
                                             1-hour daily maximum concentrations.                     CFR part 52 set forth in this document.               methods, under Executive Order 12898
                                             On May 22, 1996, EPA promulgated a 3-                    The EPA has made, and will continue                   (59 FR 7629, February 16, 1994).
                                             hour secondary SO2 standard of 0.5                       to make, these documents generally                       The SIP is not approved to apply on
                                             parts per million (ppm), not to be                       available electronically through                      any Indian reservation land or in any
                                             exceeded more than once per calendar                     www.regulations.gov and/or in hard                    other area where EPA or an Indian tribe
                                             year (61 FR 25580).                                      copy at the appropriate EPA office (see               has demonstrated that a tribe has
                                                On February 7, 2014, the WDEQ                         the ADDRESSES section of this preamble                jurisdiction. In those areas of Indian
                                             submitted to EPA SIP revisions                           for more information).                                country, the rule does not have tribal
                                             updating WAQSR Chapter 2, ‘‘Ambient                                                                            implications and will not impose
                                             Standards,’’ Section 4, ‘‘Ambient                        VI. Statutory and Executive Order
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                                                                                                                                                            substantial direct costs on tribal
                                             standards for sulfur oxides.’’ The State                 Reviews                                               governments or preempt tribal law as
                                             revised this chapter to incorporate the                    Under the Clean Air Act, the                        specified by Executive Order 13175 (65
                                             2010 1-hour SO2 standard into the                        Administrator is required to approve a                FR 67249, November 9, 2000).
                                             Wyoming SIP and updated the                              SIP submission that complies with the                    The Congressional Review Act, 5
                                             secondary 3-hour SO2 standard of 0.5                     provisions of the Act and applicable                  U.S.C. 801 et seq, as added by the Small
                                             parts per million (ppm), not to be                       federal regulations. 42 U.S.C. 7410(k);               Business Regulatory Enforcement


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                                                                        Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations                                                               45609

                                             Fairness Act of 1996, generally provides                           review may be filed, and shall not                                Authority: 42 U.S.C. 7401 et seq.
                                             that before a rule may take effect, the                            postpone the effectiveness of such rule                         Dated: July 1, 2015.
                                             agency promulgating the rule must                                  or action. Parties with objections to this                    Shaun L. McGrath,
                                             submit a rule report, which includes a                             direct final rule are encouraged to file a                    Regional Administrator, Region 8.
                                             copy of the rule, to each House of the                             comment in response to the parallel
                                             Congress and to the Comptroller General                            notice of proposed rulemaking for this                            40 CFR part 52 is amended as follows:
                                             of the United States. EPA will submit a                            action published in the proposed rules
                                             report containing this rule and other                              section of today’s Federal Register,                          PART 52—APPROVAL AND
                                             required information to the U.S. Senate,                           rather than file an immediate petition                        PROMULGATION OF
                                             the U.S. House of Representatives, and                             for judicial review of this direct final                      IMPLEMENTATION PLANS
                                             the Comptroller General of the United                              rule, so that EPA can withdraw this
                                             States prior to publication of the rule in                         direct final rule and address the                             ■ 1. The authority for citation for part 52
                                             the Federal Register. A major rule                                 comment in the proposed rulemaking.                           continues to read as follows:
                                             cannot take effect until 60 days after it                          This action may not be challenged later
                                                                                                                                                                                  Authority: 42 U.S.C. 7401 et seq.
                                             is published in the Federal Register.                              in proceedings to enforce its
                                             This action is not a ‘‘major rule’’ as                             requirements. (See CAA section                                Subpart ZZ—Wyoming
                                             defined by 5 U.S.C. 804(2).                                        307(b)(2).)
                                                Under section 307(b)(1) of the Clean
                                                                                                                List of Subjects in 40 CFR Part 52                            ■ 2. In § 52.2620, the table titled ‘‘State
                                             Air Act, petitions for judicial review of
                                                                                                                  Environmental protection, Air                               of Wyoming Regulations’’ in paragraph
                                             this action must be filed in the United
                                                                                                                pollution control, Carbon monoxide,                           (c)(1) is amended under Chapter 2 by
                                             States Court of Appeals for the
                                                                                                                Incorporation by reference,                                   revising the entry for section 4 to read
                                             appropriate circuit by September 29,
                                                                                                                Intergovernmental relations,                                  as follows:
                                             2015. Filing a petition for
                                             reconsideration by the Administrator of                            Greenhouse gases, Lead, Nitrogen                              § 52.2620     Identification of plan.
                                             this final rule does not affect the finality                       dioxide, Ozone, Particulate matter,                           *       *    *        *    *
                                             of this action for the purposes of judicial                        Reporting and recordkeeping
                                             review nor does it extend the time                                 requirements, Sulfur oxides, Volatile                             (c) * * *
                                             within which a petition for judicial                               organic compounds.                                                (1) * * *

                                                                                                                           State adopted and effective            EPA approval date and cita-
                                                   State citation                            Title/subject                                                                                                Explanations
                                                                                                                                      date                                  tion 1


                                                            *                            *                           *                          *                        *                      *                     *

                                                                                                                                        Chapter 2

                                             Section 4 .................     Ambient standards for sulfur                 10/5/2012, 12/19/2012 ........         7/31/15, [insert Federal
                                                                              oxides.                                                                              Register citation].

                                                            *                            *                           *                          *                        *                      *                     *
                                                 1 In
                                                  order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this col-
                                             umn for that particular provision.


                                             *          *       *       *       *                               through the Georgia Department of                             OAR–2015–0413, by one of the
                                             [FR Doc. 2015–18515 Filed 7–30–15; 8:45 am]                        Natural Resources’ Environmental                              following methods:
                                             BILLING CODE 6560–50–P                                             Protection Division (GA EPD), on                                1. www.regulations.gov: Follow the
                                                                                                                August 30, 2010, December 15, 2011,                           on-line instructions for submitting
                                                                                                                and November 12, 2014. The SIP                                comments.
                                             ENVIRONMENTAL PROTECTION                                           submittals include changes to GA EPD’s                          2. Email: R4-ARMS@epa.gov.
                                             AGENCY                                                             air quality rules that, among other                             3. Fax: (404) 562–9019.
                                                                                                                things, modify definitions and modify                           4. Mail: ‘‘EPA–R04–OAR–2015–
                                             40 CFR Part 52                                                     the ambient air standards for fine                            0413,’’ Air Regulatory Management
                                             [EPA–R04–OAR–2015–0413; FRL–9931–65–                               particulate matter. The portions of the                       Section (formerly Regulatory
                                             Region 4]                                                          SIP revisions that EPA is approving are                       Development Section), Air Planning and
                                                                                                                consistent with the requirements of the                       Implementation Branch (formerly Air
                                             Approval and Promulgation of                                       Clean Air Act (CAA).                                          Planning Branch), Air, Pesticides and
                                             Implementation Plans; Georgia:                                                                                                   Toxics Management Division, U.S.
                                             Revisions to Definitions and Ambient                               DATES:  This direct final rule is effective
                                                                                                                September 29, 2015 without further                            Environmental Protection Agency,
                                             Air Quality Standards                                                                                                            Region 4, 61 Forsyth Street SW.,
                                                                                                                notice, unless EPA receives adverse
                                             AGENCY: Environmental Protection                                   comment by August 31, 2015. If EPA                            Atlanta, Georgia 30303–8960.
                                             Agency.                                                            receives such comments, it will publish                         5. Hand Delivery or Courier: Lynorae
                                                                                                                                                                              Benjamin, Chief, Air Regulatory
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                                             ACTION: Direct final rule.                                         a timely withdrawal of the direct final
                                                                                                                rule in the Federal Register and inform                       Management Section, Air Planning and
                                             SUMMARY:   The Environmental Protection                            the public that the rule will not take                        Implementation Branch, Air, Pesticides
                                             Agency (EPA) is taking direct final                                effect.                                                       and Toxics Management Division, U.S.
                                             action to approve portions of State                                                                                              Environmental Protection Agency,
                                             Implementation Plan (SIP) revisions                                ADDRESSES:  Submit your comments,                             Region 4, 61 Forsyth Street SW.,
                                             submitted by the State of Georgia,                                 identified by Docket ID No. EPA–R04–                          Atlanta, Georgia 30303–8960. Such


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Document Created: 2015-12-15 12:59:46
Document Modified: 2015-12-15 12:59:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on September 29, 2015 without further notice, unless EPA receives adverse comment by August 31, 2015. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactKevin Leone, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]
FR Citation80 FR 45607 
CFR AssociatedEnvironmental 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 and Volatile Organic Compounds

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