80 FR 47857 - Approval and Promulgation of State Implementation Plans; State of Wyoming; Interstate Transport of Pollution for the 2006 24-Hour PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 153 (August 10, 2015)

Page Range		47857-47859
FR Document		2015-19501

The Environmental Protection Agency (EPA) is approving portions of an August 19, 2011 State Implementation Plan (SIP) submission from the State of Wyoming that are intended to demonstrate that its SIP meets certain interstate transport requirements of the Clean Air Act (Act or CAA) for the 2006 24-hour fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS). This submission addresses the requirement that Wyoming's SIP contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. Specifically, EPA is approving the portion of the Wyoming SIP submission that addresses the significant contribution to nonattainment and interference with maintenance transport requirements for the 2006 24-hour PM<INF>2.5</INF> NAAQS. EPA is also approving the interference with prevention of significant deterioration (PSD) of air quality transport requirement for this NAAQS. EPA is not acting on the interference with visibility transport requirement at this time and will address the visibility requirement for this NAAQS in a separate future action.

Federal Register, Volume 80 Issue 153 (Monday, August 10, 2015)

[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47857-47859]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19501]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0351; FRL-9932-05-Region 8]


Approval and Promulgation of State Implementation Plans; State of 
Wyoming; Interstate Transport of Pollution for the 2006 24-Hour 
PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of an August 19, 2011 State Implementation Plan (SIP) 
submission from the State of Wyoming that are intended to demonstrate 
that its SIP meets certain interstate transport requirements of the 
Clean Air Act (Act or CAA) for the 2006 24-hour fine particulate matter 
(PM2.5) National Ambient Air Quality Standards (NAAQS). This 
submission addresses the requirement that Wyoming's SIP contain 
adequate provisions prohibiting air emissions that will have certain 
adverse air quality effects in other states. Specifically, EPA is 
approving the portion of the Wyoming SIP submission that addresses the 
significant contribution to nonattainment and interference with 
maintenance transport requirements for the 2006 24-hour 
PM2.5 NAAQS. EPA is also approving the interference with 
prevention of significant deterioration (PSD) of air quality transport 
requirement for this NAAQS. EPA is not acting on the interference with 
visibility transport requirement at this time and will address the 
visibility requirement for this NAAQS in a separate future action.

DATES: This final rule is effective on September 9, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2012-0351. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose

[[Page 47858]]

disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Air Program, Environmental 
Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129. 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: Adam Clark, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-7104, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

A. 2006 PM2.5 NAAQS and Interstate Transport

    On September 21, 2006, EPA promulgated a final rule revising the 
1997 24-hour primary and secondary NAAQS for PM2.5 from 65 
micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\ (October 
17, 2006, 71 FR 61144).
    Section 110(a)(1) of the CAA requires each state to submit to EPA, 
within three years (or such shorter period as the Administrator may 
prescribe) after the promulgation of a primary or secondary NAAQS or 
any revision thereof, a SIP that provides for the ``implementation, 
maintenance, and enforcement'' of such NAAQS. EPA refers to these 
specific submittals as ``infrastructure'' SIPs because they are 
intended to address basic structural SIP requirements for new or 
revised NAAQS. For the 2006 24-hour PM2.5 NAAQS, these 
infrastructure SIPs were due on September 21, 2009. CAA section 
110(a)(2) includes a list of specific elements that ``[e]ach such plan 
submission'' must meet.
    The interstate transport provisions in CAA section 110(a)(2)(D)(i) 
(also called ``good neighbor'' provisions) require each state to submit 
a SIP that prohibits emissions that will have certain adverse air 
quality effects in other states. CAA section 110(a)(2)(D)(i) identifies 
four distinct elements related to the impacts of air pollutants 
transported across state lines. The two elements under 
110(a)(2)(D)(i)(I) require SIPs to contain adequate provisions to 
prohibit any source or other type of emissions activity within the 
state from emitting air pollutants that will (element 1) contribute 
significantly to nonattainment in any other state with respect to any 
such national primary or secondary NAAQS, and (element 2) interfere 
with maintenance by any other state with respect to the same NAAQS. The 
two elements under 110(a)(2)(D)(i)(II) require SIPs to contain adequate 
provisions to prohibit emissions that will interfere with measures 
required to be included in the applicable implementation plan for any 
other state under part C (element 3) to prevent significant 
deterioration of air quality or (element 4) to protect visibility.
    On August 19, 2011, the Wyoming Department of Environmental Quality 
(WDEQ) made a submission certifying that Wyoming's SIP is adequate to 
implement the 2006 24-hour PM2.5 NAAQS for all the 
``infrastructure'' requirements of CAA section 110(a)(2).\1\ On April 
23, 2015, WDEQ sent EPA a letter clarifying its August 19, 2011 
submission with regard to elements 1-3 of CAA section 
110(a)(2)(D)(i).\2\ EPA proposed approval of 110(a)(2)(D)(i) elements 
1-3 of Wyoming's August 19, 2011 submission on May 18, 2015 (80 FR 
28209).
---------------------------------------------------------------------------

    \1\ WDEQ's certification letter, dated August 19, 2011 is 
included in the docket for this action.
    \2\ Wyoming's clarification letter is available in the docket 
for this action. Wyoming's May 3, 2007 Interstate Transport SIP can 
be found in the docket for that action (EPA-R08-OAR-2007-0648).
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II. Response to Comments

    EPA did not receive any comments on the May 18, 2015 proposal.

III. Final Rule

    EPA is approving the 110(a)(2)(D)(i)(I) portion of Wyoming's August 
19, 2011 submission. We are approving elements 1 and 2 of this portion 
of the submission based on EPA's supplemental evaluation of relevant 
technical information, which supports a finding that emissions from 
Wyoming do not significantly contribute to nonattainment or interfere 
with maintenance of the 2006 24-hour PM2.5 NAAQS in any 
other state and that the existing Wyoming SIP is, therefore, adequate 
to meet the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 
24-hour PM2.5 NAAQS.
    EPA is also approving element 3 of 110(a)(2)(D)(i) from Wyoming's 
August 19, 2011 submission, based on a finding that the Wyoming SIP is 
adequate to meet the PSD requirement of CAA section 
110(a)(2)(D)(i)(II).

IV. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in 
reviewing SIP submissions, 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; this 
action does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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 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).
    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

[[Page 47859]]

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 October 9, 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. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: July 23, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart ZZ--Wyoming

0
2. Section 52.2620 is amended in paragraph (e) by:
0
a. Adding entry XXIV at the end of the table; and
0
b. Removing the first instance of footnote 3.
    The addition reads as follows:


Sec.  52.2620  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                      Applicable
    Name of nonregulatory SIP     geographic or non-    State submittal    EPA approval date     Explanations
            provision               attainment area   date/ adopted date   and citation \3\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
XXIV. Interstate Transport.       Statewide.........  Submitted: 8/19/    8/10/2015.........  No action on
 Wyoming Interstate Transport                          2011.              [insert Federal      section
 SIP satisfying the requirement                                            Register page       110(a)(2)(D)(i)
 of Section 110(a)(2)(D)(i) of                                             number where        prong 4,
 the CAA for the 2006 PM2.5                                                document begins].   visibility.
 standards.
----------------------------------------------------------------------------------------------------------------
\3\ 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. 2015-19501 Filed 8-7-15; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations 47857

Interference with Constitutionally ADDRESSES. We seek any comments or Dated: July 28, 2015.
Protected Property Rights. information that may lead to the B.W. Roche,
discovery of a significant environmental Captain, U.S. Coast Guard, Captain of the
9. Civil Justice Reform
impact from this rule. Port Buffalo.
This rule meets applicable standards [FR Doc. 2015–19506 Filed 8–7–15; 8:45 am]
in sections 3(a) and 3(b)(2) of Executive List of Subjects in 33 CFR Part 165
BILLING CODE 9110–04–P
Order 12988, Civil Justice Reform, to Harbors, Marine safety, Navigation
minimize litigation, eliminate (water), Reporting and recordkeeping
ambiguity, and reduce burden. requirements, Security measures, ENVIRONMENTAL PROTECTION
Waterways. AGENCY
10. Protection of Children
For the reasons discussed in the
We have analyzed this rule under preamble, the Coast Guard amends 33 40 CFR Part 52
Executive Order 13045, Protection of CFR part 165 as follows:
Children from Environmental Health [EPA–R08–OAR–2012–0351; FRL–9932–05–
Risks and Safety Risks. This rule is not PART 165—REGULATED NAVIGATION Region 8]
an economically significant rule and AREAS AND LIMITED ACCESS AREAS Approval and Promulgation of State
does not create an environmental risk to
■ 1. The authority citation for part 165 Implementation Plans; State of
health or risk to safety that may
continues to read as follows: Wyoming; Interstate Transport of
disproportionately affect children.
Pollution for the 2006 24-Hour PM2.5
11. Indian Tribal Governments Authority: 33 U.S.C. 1231; 50 U.S.C. 191, NAAQS
195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
This rule does not have tribal 160.5; Department of Homeland Security AGENCY: Environmental Protection
implications under Executive Order Delegation No. 0170.1. Agency (EPA).
13175, Consultation and Coordination ■ 2. Add § 165.T09–0715 to read as ACTION: Final rule.
with Indian Tribal Governments, follows:
because it does not have a substantial SUMMARY: The Environmental Protection
direct effect on one or more Indian § 165.T09–0715 Safety Zone; Waddington Agency (EPA) is approving portions of
tribes, on the relationship between the Homecoming Fireworks Display; St. an August 19, 2011 State
Federal Government and Indian tribes, Lawrence River, Ogden Island, NY. Implementation Plan (SIP) submission
or on the distribution of power and (a) Location. This zone will from the State of Wyoming that are
responsibilities between the Federal encompass all waters of the St. intended to demonstrate that its SIP
Government and Indian tribes. Lawrence River; Ogden Island, NY meets certain interstate transport
within a 700-footradius of position requirements of the Clean Air Act (Act
12. Energy Effects 44°52′8.44″ N and 075°12′35.84″ W or CAA) for the 2006 24-hour fine
This action is not a ‘‘significant (NAD 83). particulate matter (PM2.5) National
energy action’’ under Executive Order (b) Enforcement Period. This Ambient Air Quality Standards
13211, Actions Concerning Regulations regulation will be enforced on August 8, (NAAQS). This submission addresses
That Significantly Affect Energy Supply, 2015 from 8:45 p.m. until 10:15 p.m. the requirement that Wyoming’s SIP
Distribution, or Use. (c) Regulations. (1) In accordance with contain adequate provisions prohibiting
the general regulations in § 165.23 of air emissions that will have certain
13. Technical Standards this part, entry into, transiting, or adverse air quality effects in other
This rule does not use technical anchoring within this safety zone is states. Specifically, EPA is approving
standards. Therefore, we did not prohibited unless authorized by the the portion of the Wyoming SIP
consider the use of voluntary consensus Captain of the Port Buffalo or his submission that addresses the
standards. designated on-scene representative. significant contribution to
(2) This safety zone is closed to all nonattainment and interference with
14. Environment
vessel traffic, except as may be maintenance transport requirements for
We have analyzed this rule under permitted by the Captain of the Port the 2006 24-hour PM2.5 NAAQS. EPA is
Department of Homeland Security Buffalo or his designated on-scene also approving the interference with
Management Directive 023–01 and representative. prevention of significant deterioration
Commandant Instruction M16475.lD, (3) The ‘‘on-scene representative’’ of (PSD) of air quality transport
which guide the Coast Guard in the Captain of the Port Buffalo is any requirement for this NAAQS. EPA is not
complying with the National Coast Guard commissioned, warrant or acting on the interference with visibility
Environmental Policy Act of 1969 petty officer who has been designated transport requirement at this time and
(NEPA) (42 U.S.C. 4321–4370f), and by the Captain of the Port Buffalo to act will address the visibility requirement
have determined that this action is one on his behalf. for this NAAQS in a separate future
of a category of actions that do not (4) Vessel operators desiring to enter
action.
individually or cumulatively have a or operate within the safety zone must
significant effect on the human contact the Captain of the Port Buffalo DATES: This final rule is effective on
environment. This rule involves the or his on-scene representative to obtain September 9, 2015.
establishment of a safety zone and, permission to do so. The Captain of the ADDRESSES: EPA has established a
therefore it is categorically excluded Port Buffalo or his on-scene docket for this action under Docket ID
from further review under paragraph representative may be contacted via No. EPA–R08–OAR–2012–0351. All
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34(g) of Figure 2–1 of the Commandant VHF Channel 16. Vessel operators given documents in the docket are listed on
Instruction. An environmental analysis permission to enter or operate in the the www.regulations.gov Web site.
checklist supporting this determination safety zone must comply with all Although listed in the index, some
and a Categorical Exclusion directions given to them by the Captain information is not publicly available,
Determination are available in the of the Port Buffalo, or his on-scene e.g., Confidential Business Information
docket where indicated under representative. (CBI) or other information whose

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47858 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations

disclosure is restricted by statute. source or other type of emissions IV. Statutory and Executive Orders
Certain other material, such as activity within the state from emitting Review
copyrighted material, is not placed on air pollutants that will (element 1) Under the CAA, the Administrator is
the Internet and will be publicly contribute significantly to required to approve a SIP submission
available only in hard copy form. nonattainment in any other state with that complies with the provisions of the
Publicly available docket materials are respect to any such national primary or Act and applicable federal regulations
available either electronically through secondary NAAQS, and (element 2) (42 U.S.C. 7410(k), 40 CFR 52.02(a)).
www.regulations.gov or in hard copy at interfere with maintenance by any other Thus, in reviewing SIP submissions,
the Air Program, Environmental state with respect to the same NAAQS. EPA’s role is to approve state choices,
Protection Agency (EPA), Region 8, The two elements under provided that they meet the criteria of
1595 Wynkoop Street, Denver, Colorado 110(a)(2)(D)(i)(II) require SIPs to contain the CAA. Accordingly, this action
80202–1129. EPA requests that if at all adequate provisions to prohibit merely approves state law as meeting
possible, you contact the individual emissions that will interfere with federal requirements; this action does
listed in the FOR FURTHER INFORMATION measures required to be included in the not impose additional requirements
CONTACT section to view the hard copy applicable implementation plan for any beyond those imposed by state law. For
of the docket. You may view the hard other state under part C (element 3) to that reason, this action:
copy of the docket Monday through prevent significant deterioration of air • Is not a ‘‘significant regulatory
Friday, 8:00 a.m. to 4:00 p.m., excluding quality or (element 4) to protect action’’ subject to review by the Office
federal holidays. visibility. of Management and Budget under
FOR FURTHER INFORMATION CONTACT: On August 19, 2011, the Wyoming Executive Order 12866 (58 FR 51735,
Adam Clark, Air Program, U.S. Department of Environmental Quality October 4, 1993);
Environmental Protection Agency (WDEQ) made a submission certifying • Does not impose an information
(EPA), Region 8, Mail Code 8P–AR, that Wyoming’s SIP is adequate to collection burden under the provisions
1595 Wynkoop Street, Denver, Colorado implement the 2006 24-hour PM2.5 of the Paperwork Reduction Act (44
80202–1129, 303–312–7104, NAAQS for all the ‘‘infrastructure’’ U.S.C. 3501 et seq.);
clark.adam@epa.gov. requirements of CAA section 110(a)(2).1 • Is certified as not having a
SUPPLEMENTARY INFORMATION: On April 23, 2015, WDEQ sent EPA a significant economic impact on a
letter clarifying its August 19, 2011 substantial number of small entities
I. Background
submission with regard to elements 1– under the Regulatory Flexibility Act (5
A. 2006 PM2.5 NAAQS and Interstate 3 of CAA section 110(a)(2)(D)(i).2 EPA U.S.C. 601 et seq.);
Transport proposed approval of 110(a)(2)(D)(i) • Does not contain any unfunded
On September 21, 2006, EPA elements 1–3 of Wyoming’s August 19, mandate or significantly or uniquely
promulgated a final rule revising the 2011 submission on May 18, 2015 (80 affect small governments, as described
1997 24-hour primary and secondary FR 28209). in the Unfunded Mandates Reform Act
NAAQS for PM2.5 from 65 micrograms II. Response to Comments of 1995 (Pub. L. 104–4);
per cubic meter (mg/m3) to 35 mg/m3 • Does not have federalism
(October 17, 2006, 71 FR 61144). EPA did not receive any comments on implications as specified in Executive
Section 110(a)(1) of the CAA requires the May 18, 2015 proposal. Order 13132 (64 FR 43255, August 10,
each state to submit to EPA, within III. Final Rule 1999);
three years (or such shorter period as • Is not an economically significant
the Administrator may prescribe) after EPA is approving the 110(a)(2)(D)(i)(I) regulatory action based on health or
the promulgation of a primary or portion of Wyoming’s August 19, 2011 safety risks subject to Executive Order
secondary NAAQS or any revision submission. We are approving elements 13045 (62 FR 19885, April 23, 1997);
thereof, a SIP that provides for the 1 and 2 of this portion of the submission • Is not a significant regulatory action
‘‘implementation, maintenance, and based on EPA’s supplemental subject to Executive Order 13211 (66 FR
enforcement’’ of such NAAQS. EPA evaluation of relevant technical 28355, May 22, 2001);
refers to these specific submittals as information, which supports a finding • Is not subject to requirements of
‘‘infrastructure’’ SIPs because they are that emissions from Wyoming do not Section 12(d) of the National
intended to address basic structural SIP significantly contribute to Technology Transfer and Advancement
requirements for new or revised nonattainment or interfere with Act of 1995 (15 U.S.C. 272 note) because
NAAQS. For the 2006 24-hour PM2.5 maintenance of the 2006 24-hour PM2.5 application of those requirements would
NAAQS, these infrastructure SIPs were NAAQS in any other state and that the be inconsistent with the CAA; and,
due on September 21, 2009. CAA existing Wyoming SIP is, therefore, • Does not provide EPA with the
section 110(a)(2) includes a list of adequate to meet the requirements of discretionary authority to address, as
specific elements that ‘‘[e]ach such plan CAA section 110(a)(2)(D)(i)(I) for the appropriate, disproportionate human
submission’’ must meet. 2006 24-hour PM2.5 NAAQS. health or environmental effects, using
The interstate transport provisions in EPA is also approving element 3 of practicable and legally permissible
CAA section 110(a)(2)(D)(i) (also called 110(a)(2)(D)(i) from Wyoming’s August methods, under Executive Order 12898
‘‘good neighbor’’ provisions) require 19, 2011 submission, based on a finding (59 FR 7629, February 16, 1994).
each state to submit a SIP that prohibits that the Wyoming SIP is adequate to The SIP is not approved to apply on
emissions that will have certain adverse meet the PSD requirement of CAA any Indian reservation land or in any
air quality effects in other states. CAA section 110(a)(2)(D)(i)(II). other area where EPA or an Indian tribe
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section 110(a)(2)(D)(i) identifies four has demonstrated that a tribe has
distinct elements related to the impacts 1 WDEQ’s certification letter, dated August 19,
jurisdiction. In those areas of Indian
of air pollutants transported across state 2011 is included in the docket for this action. country, the rule does not have tribal
2 Wyoming’s clarification letter is available in the
lines. The two elements under docket for this action. Wyoming’s May 3, 2007
implications and will not impose
110(a)(2)(D)(i)(I) require SIPs to contain Interstate Transport SIP can be found in the docket substantial direct costs on tribal
adequate provisions to prohibit any for that action (EPA–R08–OAR–2007–0648). governments or preempt tribal law as

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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations 47859

specified by Executive Order 13175 (65 appropriate circuit by October 9, 2015. PART 52—APPROVAL AND
FR 67249, November 9, 2000). Filing a petition for reconsideration by PROMULGATION OF
The Congressional Review Act, 5 the Administrator of this final rule does IMPLEMENTATION PLANS
U.S.C. 801 et seq., as added by the Small not affect the finality of this action for
Business Regulatory Enforcement the purposes of judicial review nor does ■ 1. The authority citation for part 52
Fairness Act of 1996, generally provides it extend the time within which a continues to read as follows:
that before a rule may take effect, the petition for judicial review may be filed,
agency promulgating the rule must and shall not postpone the effectiveness Authority: 42 U.S.C. 7401 et seq.
submit a rule report, which includes a of such rule or action. This action may
copy of the rule, to each House of the not be challenged later in proceedings to Subpart ZZ—Wyoming
Congress and to the Comptroller General enforce its requirements. (See CAA
of the United States. EPA will submit a section 307(b)(2).) ■ 2. Section 52.2620 is amended in
report containing this action and other paragraph (e) by:
List of Subjects in 40 CFR Part 52
required information to the U.S. Senate, ■ a. Adding entry XXIV at the end of the
the U.S. House of Representatives, and Environmental protection, Air table; and
the Comptroller General of the United pollution control, Incorporation by
reference, Intergovernmental relations, ■ b. Removing the first instance of
States prior to publication of the rule in
the Federal Register. A major rule Particulate matter, Reporting and footnote 3.
cannot take effect until 60 days after it recordkeeping requirements. The addition reads as follows:
is published in the Federal Register. Authority: 42 U.S.C. 7401 et seq.
§ 52.2620 Identification of plan.
This action is not a ‘‘major rule’’ as Dated: July 23, 2015.
defined by 5 U.S.C. 804(2). * * * * *
Debra H. Thomas,
Under section 307(b)(1) of the Clean (e) * * *
Acting Regional Administrator, Region 8.
Air Act, petitions for judicial review of
this action must be filed in the United 40 CFR part 52 is amended to read as
States Court of Appeals for the follows:

Name of nonregulatory SIP Applicable geographic or State submittal date/ EPA approval date and Explanations
provision non-attainment area adopted date citation 3

* * * * * * *
XXIV. Interstate Transport. Statewide .......................... Submitted: 8/19/2011 ........ 8/10/2015 .......................... No action on section
Wyoming Interstate [insert Federal Register 110(a)(2)(D)(i) prong 4,
Transport SIP satisfying page number where visibility.
the requirement of Sec- document begins].
tion 110(a)(2)(D)(i) of the
CAA for the 2006 PM2.5
standards.
3 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.

[FR Doc. 2015–19501 Filed 8–7–15; 8:45 am] 110(a)(1) and (2) of the Clean Air Act Docket ID Number EPA–R09–OAR–
BILLING CODE 6560–50–P (CAA) for the 2008 Lead (Pb) and 2008 2014–0258. The index to the docket for
ozone national ambient air quality this action is available electronically at
standards (NAAQS). Section 110(a) of http://www.regulations.gov and in hard
ENVIRONMENTAL PROTECTION the CAA requires that each State adopt copy at EPA Region IX, 75 Hawthorne,
AGENCY and submit a SIP for the San Francisco, California. While all
implementation, maintenance, and documents in the docket are listed in
40 CFR Part 52 enforcement of each NAAQS the index, some information may be
promulgated by EPA. We refer to such publically available only at the hard
[EPA–R09–OAR–2014–0258; FRL–9926–72–
Region 9]
SIP revisions as ‘‘infrastructure’’ SIPs copy location (e.g., copyrighted
because they are intended to address material) and some may not be
Approval and Promulgation of State basic structural SIP requirements for publically available in either location
Implementation Plans; Arizona; new or revised NAAQS including, but (e.g., confidential business information
Infrastructure Requirements for the not limited to, legal authority, (CBI)). To inspect the hard copy
2008 Lead (Pb) and the 2008 8-Hour regulatory structure, resources, permit materials, please schedule an
Ozone National Ambient Air Quality programs, monitoring, and modeling appointment during normal business
Standards (NAAQS) necessary to assure attainment and hours with the contact listed directly
maintenance of the standards. In below.
AGENCY: Environmental Protection addition, we are approving several state
Agency (EPA). FOR FURTHER INFORMATION CONTACT:
provisions addressing CAA conflict of
Jeffrey Buss, Office of Air Planning, U.S.
ACTION: Final rule. interest and monitoring requirements
Lhorne on DSK7TPTVN1PROD with RULES

Environmental Protection Agency,
into the Arizona SIP.
SUMMARY: The Environmental Protection Region 9, (415) 947–4152, email:
Agency (EPA) is approving State DATES:This final rule is effective on buss.jeffrey@epa.gov.
Implementation Plan (SIP) revisions September 9, 2015. SUPPLEMENTARY INFORMATION:
submitted by the State of Arizona to ADDRESSES: EPA has established a Throughout this document, the terms
address the requirements of section docket for this action, identified by ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.

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Document Created: 2015-12-15 12:12:39
Document Modified: 2015-12-15 12:12:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on September 9, 2015.
Contact		Adam Clark, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-7104, [email protected]
FR Citation		80 FR 47857
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements