81_FR_58562 81 FR 58397 - Approval and Promulgation of Air Quality Implementation Plans; State of Wyoming; Emission Inventory Rule for 2008 Ozone NAAQS and Revisions to Incorporation by Reference

81 FR 58397 - Approval and Promulgation of Air Quality Implementation Plans; State of Wyoming; Emission Inventory Rule for 2008 Ozone NAAQS and Revisions to Incorporation by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 165 (August 25, 2016)

Page Range58397-58400
FR Document2016-20315

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Wyoming on July 1, 2014. The submittal requests SIP revisions to the State's Incorporation by reference section as well as an administrative change in section numbering. The submittal also includes the addition of a section establishing requirements for the submittal of emission inventories from facilities or sources located in an ozone nonattainment area.

Federal Register, Volume 81 Issue 165 (Thursday, August 25, 2016)
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58397-58400]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20315]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0377; FRL-9951-34-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Wyoming; Emission Inventory Rule for 2008 Ozone NAAQS and 
Revisions to Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions

[[Page 58398]]

submitted by the State of Wyoming on July 1, 2014. The submittal 
requests SIP revisions to the State's Incorporation by reference 
section as well as an administrative change in section numbering. The 
submittal also includes the addition of a section establishing 
requirements for the submittal of emission inventories from facilities 
or sources located in an ozone nonattainment area.

DATES: This rule is effective on October 24, 2016 without further 
notice, unless the EPA receives adverse comments by September 26, 2016. 
If adverse comments are received, the EPA will publish a timely 
withdrawal of this direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2016-0377, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. For 
additional information on submission of CBI, please see Section II.A 
below. Multimedia submissions (audio, video, etc.) must be accompanied 
by a written comment. The written comment is considered the official 
comment and should include discussion of all points you wish to make. 
The EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revisions if adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If the EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We anticipate that we would 
address all public comments in any subsequent final rule based on the 
proposed rule. The EPA will consider all comments received, if any, and 
take appropriate action in accordance with such comments.

II. What should I consider as I prepare my comments for the EPA?

    A. Submitting CBI. Do not submit this information to the 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 the 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 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.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     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.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

III. Analysis of the State Submittal

    In a July 1, 2014 submittal, Wyoming requested revisions affecting 
the SIP involving Chapter 8, Nonattainment Area Regulations, Section 5, 
Ozone nonattainment emission inventory rule, and Section 10, 
Incorporation by reference. Chapter 8, Section 5 of Wyoming's SIP was 
previously the Incorporation by reference section due to the fact that 
on August 15, 2013 the EPA approved a revision that reorganized Chapter 
8, and added Section 5 (78 FR 49685). In response to the July 1, 2014 
submittal, the EPA is now approving a change that will make Section 10 
the Incorporation by reference section instead of Section 5. In 
addition to this administrative change of the Wyoming Incorporation by 
reference section, the State is seeking to update the language by 
changing the date of the citation in this Incorporation by reference 
section from 2011 to 2012. The EPA approves these revisions.
    Moreover, since Chapter 8, Section 5 is now vacant, Wyoming is 
seeking to amend its SIP by adding a new emission inventory provision 
to Section 5. The Ozone Nonattainment Emission Inventory Rule is a new 
rule to establish requirements for the submittal of emissions 
inventories from facilities or sources located in an ozone 
nonattainment area pursuant to the requirements of the Clean Air Act 
(CAA), Section 182. The EPA approves this revision.

IV. What action is the EPA taking today?

    The EPA is taking direct final action to approve the SIP revisions 
submitted by the State of Wyoming on July 1, 2014. The EPA is approving 
the proposed SIP revisions as a direct final action without prior 
proposal because the agency views the revisions as noncontroversial and 
anticipates no adverse comments. However, in the Proposed Rules section 
of today's Federal Register publication, the EPA is publishing a 
separate document that will serve as the proposal to approve the SIP 
revisions if adverse comments are filed. This rule will be effective 
October 24, 2016 without further notice unless the Agency receives 
adverse comments by September 26, 2016. If the EPA

[[Page 58399]]

receives adverse comments, the EPA will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. The EPA will address all public comments in a subsequent final 
rule based on the proposed rule. The EPA will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. Please note that if the EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, the EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

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 
Wyoming rules described in the amendments to 40 CFR part 52 set forth 
later. Therefore, these materials have been approved by the EPA for 
inclusion in the State Implementation Plan, have been incorporated by 
reference by the EPA into that plan, are fully federally enforceable 
under Sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference by the Director of the Federal Register in the next update to 
the SIP compilation.\1\ The EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and/or 
at the EPA Region 8 Office (please contact the person identified in the 
For Further Information Contact section of this preamble for more 
information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Orders Review

    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, the 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 a state law as 
meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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 
in 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 the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. Section 801 et seq, as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
this 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. Section 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 24, 2016. 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 the 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 Section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds, Incorporation by reference.

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

    Dated: August 11, 2016.
Debra Thomas,
Deputy 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, the table in paragraph (c) is amended under 
``Chapter 08. Non-attainment Area Regulations.'' by revising the entry 
for ``Section 05'' and by adding, after ``Section 05'', a new entry for 
``Section 10'' to read as follows:

[[Page 58400]]

Sec.  52.2620  Identification of plan

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                        State       EPA effective     Final rule
           Rule no.                 Rule title     effective date       date         citation/date     Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Chapter 08. Non-attainment Area Regulations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 05....................  Ozone                  11/22/2013     10/24/2016.  [Insert Federal
                                 nonattainment                                      Register
                                 emission                                           citation]. 8/25/
                                 inventory rule.                                    2016.
Section 10....................  Incorporation by       11/22/2013     10/24/2016.  [Insert Federal
                                 reference.                                         Register
                                                                                    citation]. 8/25/
                                                                                    2016.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-20315 Filed 8-24-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                            Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations                                              58397

                                             Small businesses may send comments                    do discuss the effects of this rule                   waters within a 750-foot radius centered
                                           on the actions of Federal employees                     elsewhere in this preamble.                           at the following coordinate: 32°43′18″
                                           who enforce, or otherwise determine                                                                           N., 117°12′11″ W.
                                                                                                   F. Environment
                                           compliance with, Federal regulations to                                                                          (b) Definitions. The following
                                           the Small Business and Agriculture                        We have analyzed this rule under                    definition applies to this section:
                                           Regulatory Enforcement Ombudsman                        Department of Homeland Security                       Designated representative means any
                                           and the Regional Small Business                         Management Directive 023–01 and                       commissioned, warrant, or petty officer
                                           Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     of the Coast Guard on board Coast
                                           Ombudsman evaluates these actions                       which guide the Coast Guard in                        Guard, Coast Guard Auxiliary, or local,
                                           annually and rates each agency’s                        complying with the National                           state, or federal law enforcement vessels
                                           responsiveness to small business. If you                Environmental Policy Act of 1969 (42                  that have been authorized to act on the
                                           wish to comment on actions by                           U.S.C. 4321–4370f), and have                          behalf of the Captain of the Port.
                                           employees of the Coast Guard, call 1–                   determined that this action is one of a                  (c) Regulations. (1) Under the general
                                           888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                       regulations in 33 CFR 165.33, entry into,
                                           Coast Guard will not retaliate against                  individually or cumulatively have a                   or movement within this zone is
                                           small entities that question or complain                significant effect on the human                       prohibited unless authorized by the
                                           about this rule or any policy or action                 environment. This rule involves                       Captain of the Port San Diego or his
                                           of the Coast Guard.                                     establishment of a security zone lasting              designated representative.
                                                                                                   only 3 hours on the navigable waters of                  (2) All persons and vessels shall
                                           C. Collection of Information                            San Diego Bay. It is categorically                    comply with the instructions of the
                                             This rule will not call for a new                     excluded from further review under                    Coast Guard Captain of the Port or his
                                           collection of information under the                     paragraph 34(g) of Figure 2–1 of the                  designated representative.
                                           Paperwork Reduction Act of 1995 (44                     Commandant Instruction. An                               (3) Upon being hailed by U.S. Coast
                                           U.S.C. 3501–3520).                                      environmental analysis checklist                      Guard or designated patrol personnel by
                                                                                                   supporting this determination and a                   siren, radio, flashing light or other
                                           D. Federalism                                           Categorical Exclusion Determination are               means, the operator of a vessel shall
                                              A rule has implications for federalism               available in the docket where indicated               proceed as directed.
                                           under Executive Order 13132,                            under ADDRESSES. We seek any                             (4) The Coast Guard may be assisted
                                           Federalism, if it has a substantial direct              comments or information that may lead                 by other federal, state, or local agencies
                                           effect on the States, on the relationship               to the discovery of a significant                     in patrol and notification of the
                                           between the national government and                     environmental impact from this rule.                  regulation.
                                           the States, or on the distribution of                   G. Protest Activities                                    (5) Vessel operators desiring to enter
                                           power and responsibilities among the                                                                          or operate within this security zone
                                           various levels of government. We have                     The Coast Guard respects the First                  shall contact the Captain of the Port or
                                           analyzed this rule under that Order and                 Amendment rights of protesters.                       his designated representative via VHF
                                           determined that it is consistent with the               Protesters are asked to contact the                   channel 16 to obtain permission to do
                                           fundamental federalism principles and                   person listed in the FOR FURTHER                      so.
                                                                                                   INFORMATION CONTACT section to                           (d) Enforcement period. This section
                                           preemption requirements described in
                                           E.O. 13132.                                             coordinate protest activities so that your            will be enforced from 11:00 a.m. to 2:00
                                                                                                   message can be received without                       p.m. on September 10, 2016.
                                              Also, this rule does not have tribal
                                                                                                   jeopardizing the safety or security of
                                           implications under Executive Order                                                                              Dated: August 10, 2016.
                                                                                                   people, places or vessels.
                                           13175, Consultation and Coordination                                                                          J.R. Buzzella,
                                           with Indian Tribal Governments,                         List of Subjects in 33 CFR Part 165                   Captain, U.S. Coast Guard, Captain of the
                                           because it does not have a substantial                    Harbors, Marine safety, Navigation                  Port San Diego.
                                           direct effect on one or more Indian                     (water), Reporting and recordkeeping                  [FR Doc. 2016–20432 Filed 8–24–16; 8:45 am]
                                           tribes, on the relationship between the                 requirements, Security measures,                      BILLING CODE 9110–04–P
                                           Federal Government and Indian tribes,                   Waterways.
                                           or on the distribution of power and                       For the reasons discussed in the
                                           responsibilities between the Federal                    preamble, the Coast Guard amends 33                   ENVIRONMENTAL PROTECTION
                                           Government and Indian tribes. If you                    CFR part 165 as follows:                              AGENCY
                                           believe this rule has implications for
                                           federalism or Indian tribes, please                     PART 165—REGULATED NAVIGATION                         40 CFR Part 52
                                           contact the person listed in the FOR                    AREAS AND LIMITED ACCESS AREAS
                                           FURTHER INFORMATION CONTACT section                                                                           [EPA–R08–OAR–2016–0377; FRL–9951–34–
                                           above.                                                  ■ 1. The authority citation for part 165              Region 8]
                                                                                                   continues to read as follows:
                                           E. Unfunded Mandates Reform Act                                                                               Approval and Promulgation of Air
                                                                                                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191,           Quality Implementation Plans; State of
                                             The Unfunded Mandates Reform Act                      195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5,
                                                                                                   165.30; Department of Homeland Security
                                                                                                                                                         Wyoming; Emission Inventory Rule for
                                           of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                   Delegation No. 0170.01.                               2008 Ozone NAAQS and Revisions to
                                           Federal agencies to assess the effects of
                                                                                                                                                         Incorporation by Reference
                                           their discretionary regulatory actions. In              ■ 2. Add § 165.T11–797 to read as
                                           particular, the Act addresses actions                   follows:                                              AGENCY: Environmental Protection
Lhorne on DSK30JT082PROD with RULES




                                           that may result in the expenditure by a                                                                       Agency (EPA).
                                           State, local, or tribal government, in the              § 165.T11–797 Security Zone; San Diego                ACTION: Direct final rule.
                                           aggregate, or by the private sector of                  Bay; San Diego, CA.
                                           $100,000,000 (adjusted for inflation) or                  (a) Location. The following area is a               SUMMARY: The Environmental Protection
                                           more in any one year. Though this rule                  security zone: The limits of the security             Agency (EPA) is approving State
                                           will not result in such expenditure, we                 zone will include all the navigable                   Implementation Plan (SIP) revisions


                                      VerDate Sep<11>2014   13:55 Aug 24, 2016   Jkt 238001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\25AUR1.SGM   25AUR1


                                           58398            Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations

                                           submitted by the State of Wyoming on                    comment. However, in the ‘‘Proposed                      • Provide specific examples to
                                           July 1, 2014. The submittal requests SIP                Rules’’ section of today’s Federal                    illustrate your concerns and suggest
                                           revisions to the State’s Incorporation by               Register, we are publishing a separate                alternatives.
                                           reference section as well as an                         document that will serve as the                          • Explain your views as clearly as
                                           administrative change in section                        proposed rule to approve the SIP                      possible, avoiding the use of profanity
                                           numbering. The submittal also includes                  revisions if adverse comments are                     or personal threats.
                                           the addition of a section establishing                  received on this direct final rule. We                   • Make sure to submit your
                                           requirements for the submittal of                       will not institute a second comment                   comments by the comment period
                                           emission inventories from facilities or                 period on this action. Any parties                    deadline identified.
                                           sources located in an ozone                             interested in commenting must do so at                III. Analysis of the State Submittal
                                           nonattainment area.                                     this time. For further information about
                                                                                                   commenting on this rule, see the                         In a July 1, 2014 submittal, Wyoming
                                           DATES: This rule is effective on October
                                                                                                   ADDRESSES section of this document.
                                                                                                                                                         requested revisions affecting the SIP
                                           24, 2016 without further notice, unless
                                                                                                      If the EPA receives adverse comment,               involving Chapter 8, Nonattainment
                                           the EPA receives adverse comments by
                                                                                                   we will publish a timely withdrawal in                Area Regulations, Section 5, Ozone
                                           September 26, 2016. If adverse
                                                                                                   the Federal Register informing the                    nonattainment emission inventory rule,
                                           comments are received, the EPA will
                                                                                                   public that this direct final rule will not           and Section 10, Incorporation by
                                           publish a timely withdrawal of this
                                                                                                   take effect. We anticipate that we would              reference. Chapter 8, Section 5 of
                                           direct final rule in the Federal Register
                                                                                                   address all public comments in any                    Wyoming’s SIP was previously the
                                           informing the public that the rule will
                                                                                                   subsequent final rule based on the                    Incorporation by reference section due
                                           not take effect.                                                                                              to the fact that on August 15, 2013 the
                                           ADDRESSES: Submit your comments,                        proposed rule. The EPA will consider
                                                                                                   all comments received, if any, and take               EPA approved a revision that
                                           identified by Docket ID No. EPA–R08–                                                                          reorganized Chapter 8, and added
                                           OAR–2016–0377, at http://                               appropriate action in accordance with
                                                                                                   such comments.                                        Section 5 (78 FR 49685). In response to
                                           www.regulations.gov. Follow the online                                                                        the July 1, 2014 submittal, the EPA is
                                           instructions for submitting comments.                   II. What should I consider as I prepare               now approving a change that will make
                                           Once submitted, comments cannot be                      my comments for the EPA?                              Section 10 the Incorporation by
                                           edited or removed from regulations.gov.                                                                       reference section instead of Section 5. In
                                                                                                      A. Submitting CBI. Do not submit this
                                           The EPA may publish any comment                                                                               addition to this administrative change of
                                                                                                   information to the EPA through
                                           received to its public docket. Do not                                                                         the Wyoming Incorporation by reference
                                                                                                   www.regulations.gov or email. Clearly
                                           submit electronically any information                                                                         section, the State is seeking to update
                                                                                                   mark the part or all of the information
                                           you consider to be Confidential                                                                               the language by changing the date of the
                                                                                                   that you claim to be CBI. For CBI
                                           Business Information (CBI) or other                                                                           citation in this Incorporation by
                                                                                                   information in a disk or CD ROM that
                                           information whose disclosure is                                                                               reference section from 2011 to 2012.
                                                                                                   you mail to the EPA, mark the outside
                                           restricted by statute. For additional                                                                         The EPA approves these revisions.
                                                                                                   of the disk or CD ROM as CBI and then
                                           information on submission of CBI,                                                                                Moreover, since Chapter 8, Section 5
                                                                                                   identify electronically within the disk or
                                           please see Section II.A below.                                                                                is now vacant, Wyoming is seeking to
                                                                                                   CD ROM the specific information that is
                                           Multimedia submissions (audio, video,                                                                         amend its SIP by adding a new emission
                                                                                                   claimed as CBI. In addition to one
                                           etc.) must be accompanied by a written                                                                        inventory provision to Section 5. The
                                                                                                   complete version of the comment that
                                           comment. The written comment is                                                                               Ozone Nonattainment Emission
                                                                                                   includes information claimed as CBI, a
                                           considered the official comment and                                                                           Inventory Rule is a new rule to establish
                                                                                                   copy of the comment that does not
                                           should include discussion of all points                                                                       requirements for the submittal of
                                                                                                   contain the information claimed as CBI
                                           you wish to make. The EPA will                                                                                emissions inventories from facilities or
                                                                                                   must be submitted for inclusion in the
                                           generally not consider comments or                                                                            sources located in an ozone
                                                                                                   public docket. Information so marked
                                           comment contents located outside of the                                                                       nonattainment area pursuant to the
                                                                                                   will not be disclosed except in
                                           primary submission (i.e., on the web,                                                                         requirements of the Clean Air Act
                                                                                                   accordance with procedures set forth in
                                           cloud, or other file sharing system). For                                                                     (CAA), Section 182. The EPA approves
                                                                                                   40 CFR part 2.
                                           additional submission methods, the full                    B. Tips for Preparing Your Comments.               this revision.
                                           EPA public comment policy,                              When submitting comments, remember
                                           information about CBI or multimedia                                                                           IV. What action is the EPA taking
                                                                                                   to:                                                   today?
                                           submissions, and general guidance on                       • Identify the rulemaking by docket
                                           making effective comments, please visit                 number and other identifying                             The EPA is taking direct final action
                                           http://www2.epa.gov/dockets/                            information (subject heading, Federal                 to approve the SIP revisions submitted
                                           commenting-epa-dockets.                                 Register date and page number).                       by the State of Wyoming on July 1,
                                           FOR FURTHER INFORMATION CONTACT:                           • Follow directions—The agency may                 2014. The EPA is approving the
                                           Chris Dresser, Air Program, U.S.                        ask you to respond to specific questions              proposed SIP revisions as a direct final
                                           Environmental Protection Agency,                        or organize comments by referencing a                 action without prior proposal because
                                           Region 8, Mail Code 8P–AR, 1595                         Code of Federal Regulations (CFR) part                the agency views the revisions as
                                           Wynkoop Street, Denver, Colorado                        or section number.                                    noncontroversial and anticipates no
                                           80202–1129, (303) 312–6385,                                • Explain why you agree or disagree;               adverse comments. However, in the
                                           dresser.chris@epa.gov.                                  suggest alternatives and substitute                   Proposed Rules section of today’s
                                           SUPPLEMENTARY INFORMATION:                              language for your requested changes.                  Federal Register publication, the EPA is
                                                                                                      • Describe any assumptions and                     publishing a separate document that
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                                           I. Why is the EPA using a direct final                  provide any technical information and/                will serve as the proposal to approve the
                                           rule?                                                   or data that you used.                                SIP revisions if adverse comments are
                                              The EPA is publishing this rule                         • If you estimate potential costs or               filed. This rule will be effective October
                                           without a prior proposed rule because                   burdens, explain how you arrived at                   24, 2016 without further notice unless
                                           we view this as a noncontroversial                      your estimate in sufficient detail to                 the Agency receives adverse comments
                                           action and anticipate no adverse                        allow for it to be reproduced.                        by September 26, 2016. If the EPA


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                                                              Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations                                              58399

                                           receives adverse comments, the EPA                        of Management and Budget under                        the Federal Register. A major rule
                                           will publish a timely withdrawal in the                   Executive Order 12866 (58 FR 51735,                   cannot take effect until 60 days after it
                                           Federal Register informing the public                     October 4, 1993);                                     is published in the Federal Register.
                                           that the rule will not take effect. The                      • Does not impose an information                   This action is not a ‘‘major rule’’ as
                                           EPA will address all public comments                      collection burden under the provisions                defined by 5 U.S.C. Section 804(2).
                                           in a subsequent final rule based on the                   of the Paperwork Reduction Act (44                       Under Section 307(b)(1) of the Clean
                                           proposed rule. The EPA will not                           U.S.C. 3501 et seq.);                                 Air Act, petitions for judicial review of
                                           institute a second comment period on                         • Is certified as not having a
                                                                                                                                                           this action must be filed in the United
                                           this action. Any parties interested in                    significant economic impact in a
                                                                                                                                                           States Court of Appeals for the
                                           commenting must do so at this time.                       substantial number of small entities
                                                                                                                                                           appropriate circuit by October 24, 2016.
                                           Please note that if the EPA receives                      under the Regulatory Flexibility Act (5
                                                                                                                                                           Filing a petition for reconsideration by
                                           adverse comment on an amendment,                          U.S.C. 601 et seq.);
                                                                                                        • Does not contain any unfunded                    the Administrator of this final rule does
                                           paragraph, or section of this rule and if                                                                       not affect the finality of this action for
                                           that provision may be severed from the                    mandate or significantly or uniquely
                                                                                                     affect small governments, as described                the purposes of judicial review nor does
                                           remainder of the rule, the EPA may                                                                              it extend the time within which a
                                           adopt as final those provisions of the                    in the Unfunded Mandates Reform Act
                                                                                                     of 1995 (Pub. L. 104–4);                              petition for judicial review may be filed,
                                           rule that are not the subject of an
                                                                                                        • Does not have federalism                         and shall not postpone the effectiveness
                                           adverse comment.
                                                                                                     implications as specified in Executive                of such rule or action. Parties with
                                           V. Incorporation by Reference                             Order 13132 (64 FR 43255, August 10,                  objections to this direct final rule are
                                              In this rule, the EPA is finalizing                    1999);                                                encouraged to file a comment in
                                           regulatory text that includes                                • Is not an economically significant               response to the parallel notice of
                                           incorporation by reference. In                            regulatory action based on health or                  proposed rulemaking for this action
                                           accordance with requirements of 1 CFR                     safety risks subject to Executive Order               published in the proposed rules section
                                           51.5, the EPA is finalizing the                           13045 (62 FR 19885, April 23, 1997);                  of today’s Federal Register, rather than
                                           incorporation by reference of the                            • Is not a significant regulatory action           file an immediate petition for judicial
                                           Wyoming rules described in the                            subject to Executive Order 13211 (66 FR               review of this direct final rule, so that
                                           amendments to 40 CFR part 52 set forth                    28355, May 22, 2001);                                 the EPA can withdraw this direct final
                                           later. Therefore, these materials have                       • Is not subject to requirements of                rule and address the comment in the
                                           been approved by the EPA for inclusion                    Section 12(d) of the National                         proposed rulemaking. This action may
                                           in the State Implementation Plan, have                    Technology Transfer and Advancement                   not be challenged later in proceedings to
                                           been incorporated by reference by the                     Act of 1995 (15 U.S.C. 272 note) because              enforce its requirements. (See Section
                                           EPA into that plan, are fully federally                   application of those requirements would               307(b)(2).)
                                           enforceable under Sections 110 and 113                    be inconsistent with the Clean Air Act;               List of Subjects in 40 CFR Part 52
                                           of the CAA as of the effective date of the                and
                                           final rulemaking of EPA’s approval, and                      • Does not provide the EPA with the                  Environmental protection, Air
                                           will be incorporated by reference by the                  discretionary authority to address, as                pollution control, Carbon monoxide,
                                           Director of the Federal Register in the                   appropriate, disproportionate human                   Intergovernmental relations, Lead,
                                           next update to the SIP compilation.1                      health or environmental effects, using                Nitrogen dioxide, Ozone, Particulate
                                           The EPA has made, and will continue                       practicable and legally permissible                   matter, Reporting and recordkeeping
                                           to make, these materials generally                        methods, under Executive Order 12898                  requirements, Sulfur oxides, Volatile
                                           available through www.regulations.gov                     (59 FR 7629, February 16, 1994).                      organic compounds, Incorporation by
                                           and/or at the EPA Region 8 Office                            The SIP is not approved to apply on                reference.
                                           (please contact the person identified in                  any Indian reservation land or in any
                                                                                                                                                               Authority: 42 U.S.C. 7401 et seq.
                                           the FOR FURTHER INFORMATION CONTACT                       other area where the EPA or an Indian
                                           section of this preamble for more                         tribe has demonstrated that a tribe has                 Dated: August 11, 2016.
                                           information).                                             jurisdiction. In those areas of Indian                Debra Thomas,
                                                                                                     country, the rule does not have tribal                Deputy Regional Administrator, Region 8.
                                           VI. Statutory and Executive Orders                        implications and will not impose
                                           Review                                                    substantial direct costs on tribal                      40 CFR part 52 is amended to read as
                                             Under the Clean Air Act, the                            governments or preempt tribal law as                  follows:
                                           Administrator is required to approve a                    specified by Executive Order 13175 (65
                                                                                                     FR 67249, November 9, 2000).                          PART 52—APPROVAL AND
                                           SIP submission that complies with the
                                                                                                        The Congressional Review Act, 5                    PROMULGATION OF
                                           provisions of the Act and applicable
                                                                                                     U.S.C. Section 801 et seq, as added by                IMPLEMENTATION PLANS
                                           federal regulations 42 U.S.C. 7410(k); 40
                                           CFR 52.02(a). Thus, in reviewing SIP                      the Small Business Regulatory
                                           submissions, the EPA’s role is to                         Enforcement Fairness Act of 1996,                     ■ 1. The authority citation for Part 52
                                           approve state actions, provided that                      generally provides that before a rule                 continues to read as follows:
                                           they meet the criteria of the Clean Air                   may take effect, the agency                               Authority: 42 U.S.C. 7401 et seq.
                                           Act. Accordingly, this direct final action                promulgating the rule must submit a
                                           merely approves a state law as meeting                    rule report, which includes a copy of                 Subpart ZZ—Wyoming
                                           federal requirements and does not                         the rule, to each House of the Congress
                                           impose additional requirements beyond                     and to the Comptroller General of the                 ■  2. Section 52.2620, the table in
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                                           those imposed by state law. For that                      United States. The EPA will submit a                  paragraph (c) is amended under
                                           reason, this action:                                      report containing this rule and other                 ‘‘Chapter 08. Non-attainment Area
                                             • Is not a ‘‘significant regulatory                     required information to the U.S. Senate,              Regulations.’’ by revising the entry for
                                           action’’ subject to review by the Office                  the U.S. House of Representatives, and                ‘‘Section 05’’ and by adding, after
                                                                                                     the Comptroller General of the United                 ‘‘Section 05’’, a new entry for ‘‘Section
                                             1 62   FR 27968 (May 22, 1997).                         States prior to publication of the rule in            10’’ to read as follows:


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                                           58400              Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations

                                           § 52.2620      Identification of plan                            (c) * * *
                                           *      *       *         *        *

                                                                                                                        State effective      EPA effective
                                                Rule no.                                Rule title                                                                       Final rule citation/date          Comments
                                                                                                                             date               date


                                                      *                            *                        *                        *                        *                        *                   *

                                                                                                         Chapter 08. Non-attainment Area Regulations


                                                    *                            *                      *                           *                         *                      *                     *
                                           Section 05 ...........       Ozone nonattainment emission in-                    11/22/2013          10/24/2016.       [Insert Federal Register citation]. 8/
                                                                          ventory rule.                                                                              25/2016.
                                           Section 10 ...........       Incorporation by reference ...............          11/22/2013          10/24/2016.       [Insert Federal Register citation]. 8/
                                                                                                                                                                     25/2016.

                                                      *                            *                        *                        *                        *                        *                   *



                                           *      *       *         *        *                            some information may not be publicly                        to the Clean Air Interstate Rule (CAIR),
                                           [FR Doc. 2016–20315 Filed 8–24–16; 8:45 am]                    available, i.e., Confidential Business                      relied on CAIR to satisfy best available
                                           BILLING CODE 6560–50–P                                         Information or other information whose                      retrofit technology (BART) requirements
                                                                                                          disclosure is restricted by statute.                        for emissions of sulfur dioxide (SO2)
                                                                                                          Certain other material, such as                             and nitrogen oxides (NOX) from electric
                                           ENVIRONMENTAL PROTECTION                                       copyrighted material, is not placed on                      generating units (EGUs) in the State. On
                                           AGENCY                                                         the Internet and will be publicly                           June 7, 2012, EPA finalized a limited
                                                                                                          available only in hard copy form.                           disapproval of North Carolina’s
                                           40 CFR Part 52                                                 Publicly available docket materials are                     December 17, 2007, regional haze plan
                                           [EPA–R04–OAR–2015–0449; FRL–9951–25–                           available either electronically through                     submission because of deficiencies
                                           Region 4]                                                      www.regulations.gov or in hard copy at                      arising from the State’s reliance on CAIR
                                                                                                          the Air Regulatory Management Section,                      to satisfy certain regional haze
                                           Air Plan Approval; North Carolina;                             Air Planning and Implementation                             requirements. See 77 FR 33642. In a
                                           Regional Haze Progress Report                                  Branch, Air, Pesticides and Toxics                          separate action taken on June 27, 2012,
                                                                                                          Management Division, U.S.                                   EPA finalized a limited approval of
                                           AGENCY:  Environmental Protection
                                                                                                          Environmental Protection Agency,                            North Carolina’s December 17, 2007,
                                           Agency (EPA).
                                                                                                          Region 4, 61 Forsyth Street SW.,                            regional haze plan submission, as
                                           ACTION: Final rule.                                            Atlanta, Georgia 30303–8960. EPA                            meeting some of the applicable regional
                                                                                                          requests that if at all possible, you                       haze requirements as set forth in
                                           SUMMARY:    The Environmental Protection
                                                                                                          contact the person listed in the FOR                        sections 169A and 169B of the CAA and
                                           Agency (EPA) is approving a State
                                                                                                          FURTHER INFORMATION CONTACT section to
                                           Implementation Plan (SIP) revision                                                                                         in 40 CFR 51.300–308. See 77 FR 38185.
                                                                                                          schedule your inspection. The Regional                      On October 31, 2014, the State
                                           submitted by the State of North Carolina
                                                                                                          Office’s official hours of business are                     submitted a regional haze plan revision
                                           through the North Carolina Division of
                                                                                                          Monday through Friday 8:30 a.m. to
                                           Air Quality (NC DAQ) on May 31, 2013.                                                                                      to correct the deficiencies identified in
                                                                                                          4:30 p.m., excluding Federal holidays.
                                           North Carolina’s May 31, 2013, SIP                                                                                         the June 27, 2012, limited disapproval
                                                                                                          FOR FURTHER INFORMATION CONTACT:                            by replacing reliance on CAIR with
                                           revision (Progress Report) addresses
                                           requirements of the Clean Air Act (CAA                         Sean Lakeman, Air Regulatory                                reliance on the State’s Clean
                                           or Act) and EPA’s rules that require                           Management Section, Air Planning and                        Smokestacks Act (CSA) as an alternative
                                           each state to submit periodic reports                          Implementation Branch, Air, Pesticides                      to NOX and SO2 BART for BART-
                                                                                                          and Toxics Management Division, U.S.                        eligible EGUs formerly subject to CAIR.
                                           describing progress towards reasonable
                                                                                                          Environmental Protection Agency,
                                           progress goals (RPGs) established for                                                                                      EPA approved that SIP revision on May
                                                                                                          Region 4, 61 Forsyth Street SW.,
                                           regional haze and a determination of the                                                                                   24, 2016, resulting in a full approval of
                                                                                                          Atlanta, Georgia 30303–8960. Mr.
                                           adequacy of the state’s existing SIP                                                                                       North Carolina’s regional haze plan. See
                                                                                                          Lakeman can be reached by phone at
                                           addressing regional haze (regional haze                                                                                    81 FR 32652.
                                                                                                          (404) 562–9043 and via electronic mail
                                           plan). EPA is approving North                                                                                                 Each state is also required to submit
                                                                                                          at lakeman.sean@epa.gov.
                                           Carolina’s Progress Report on the basis                                                                                    a progress report in the form of a SIP
                                           that it addresses the progress report and                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                                      revision every five years that evaluates
                                           adequacy determination requirements                            I. Background                                               progress towards the RPGs for each
                                           for the first implementation period for                                                                                    mandatory Class I Federal area within
                                                                                                             Under the Regional Haze Rule,1 each
                                           regional haze.                                                                                                             the state and for each mandatory Class
                                                                                                          state was required to submit its first
                                           DATES: This rule will be effective                             implementation plan addressing                              I Federal area outside the state which
                                           September 26, 2016.                                            regional haze visibility impairment to                      may be affected by emissions from
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                                           ADDRESSES: EPA has established a                               EPA no later than December 17, 2007.                        within the state. See 40 CFR 51.308(g).
                                           docket for this action under Docket                            See 40 CFR 51.308(b). North Carolina                        Each state is also required to submit, at
                                           Identification No. EPA–R04–OAR–                                submitted its regional haze plan on that                    the same time as the progress report, a
                                           2015–0449. All documents in the docket                         date, and like many other states subject                    determination of the adequacy of its
                                           are listed on the www.regulations.gov                                                                                      existing regional haze plan. See 40 CFR
                                           Web site. Although listed in the index,                          1 Located   in 40 CFR part 51, subpart P.                 51.308(h). The first progress report was


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Document Created: 2016-08-25 00:34:58
Document Modified: 2016-08-25 00:34:58
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 October 24, 2016 without further notice, unless the EPA receives adverse comments by September 26, 2016. If adverse comments are received, the EPA will publish a timely withdrawal of this direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactChris Dresser, Air Program, U.S. Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385, [email protected]
FR Citation81 FR 58397 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides; Volatile Organic Compounds and Incorporation by Reference

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