81 FR 70362 - Approval and Promulgation of State Implementation Plan Revisions to Primary Air Quality Standards, Minor Source Baseline Date, Incorporation by Reference, and 2008 Ozone NAAQS Infrastructure Requirements for CAA Section 110(a)(2)(C) and (D)(i)(II); Wyoming
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 197 (October 12, 2016)
Federal Register Volume 81, Issue 197 (October 12, 2016)
| Page Range | 70362-70364 | |
| FR Document | 2016-24493 |
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)] [Rules and Regulations] [Pages 70362-70364] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24493] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2016-0366, FRL-9953-78-Region 8] Approval and Promulgation of State Implementation Plan Revisions to Primary Air Quality Standards, Minor Source Baseline Date, Incorporation by Reference, and 2008 Ozone NAAQS Infrastructure Requirements for CAA Section 110(a)(2)(C) and (D)(i)(II); Wyoming AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Wyoming in two submittals on May 28, 2015 and one submittal on November 6, 2015. The final amendments update the version of the Code of Federal Regulations (CFR) incorporated by reference into the Wyoming Air Quality Standards and Regulations (WAQSR) for Chapter 2, Ambient Standards, Sections 12; Chapter 3, General Emission Standards, Section 9; and Chapter 6, Prevention of Significant Deterioration, Section 4. The EPA also approves the revision in one of the May 28, 2015 submittals that updates a citation to a Federal Register article (i.e., Federal Register notice) under the definition of ``tpy CO2 equivalent emissions (CO2 e),'' and lists a new minor source baseline date for fine particulate. The EPA also approves the updates to the primary air quality standards for particulate matter (PM2.5 ) to reflect federal updates that went into effect in January 2013. The updated primary PM2.5 standard is 12 micrograms per cubic meter ([micro]g/m\3\) annual arithmetic mean concentration, which is lowered from its previous level of 15 [micro]g/ m\3\. The EPA is also approving portions of the State's February 6, 2014 2008 ozone National Ambient Air Quality Standards (NAAQS) infrastructure certification regarding prevention of significant deterioration (PSD). The EPA is not taking action in this final rule on the Chapter 6, Permitting Requirements, Section 14 portion of a May 24, 2012 submittal or one of the May 28, 2015 submittals because it has been superseded by a November 6, 2015 submittal that the EPA approved in a separate action. The EPA is not taking action on a May 24, 2012 submittal or a March 8, 2013 submittal because they have been superseded by one of the May 28, 2015 submittals. DATES: This rule is effective on November 14, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2016-0366. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7814, ostendorf.jody@epa.gov. SUPPLEMENTARY INFORMATION: I. Background In our proposed rule (PR) (81 FR 53365, Aug. 12, 2016), the EPA proposed to approve SIP revisions submitted by the State of Wyoming on May 28, 2015 and November 6, 2015. [[Page 70363]] The amendments proposed to update the version of the CFR incorporated by reference into the rules of the State of Wyoming for Chapter 2, Ambient Standards for Particulate Matter, Section 12; and Chapter 3, General Emission Standards, Section 9. The EPA also proposed to approve updates to a citation to a Federal Register article (i.e., Federal Register notice) under the definition of ``tpy CO2 equivalent emissions (CO2 e),'' and a new minor source baseline date for fine particulate for Sweetwater County of December 12, 2012 into WAQSR Chapter 6, Section 4. The EPA proposed to approve an update to the primary air quality standard for PM2.5 that reflects federal updates that went into effect in January 2013 into WAQSR Chapter 2, Section 2 subsections (b), (b)(i), (b)(i)(A), (b)(i)(B) and (b)(ii), and which renumbered some portions of Section 2 subsection (b) to (b)(iii), other portions of Section 2 subsection (b) to (c), and Section 2 subsection (c) to (d). The EPA also proposed to approve an update to the version of the American Society for Testing and Materials incorporated by reference into WAQSR for Chapter 3, Section 9. Additionally, in our PR, the EPA proposed to approve infrastructure elements (C) and (D)(i)(II) prong 3 for the 2008 ozone NAAQS from the State's February 6, 2014 certification. Infrastructure requirements for SIPs are set forth in Section 110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific infrastructure elements that a SIP must contain or satisfy. II. Response to Comments No comments were received during the public comment period. III. Final Action For the reasons expressed in the proposed rule, the EPA is taking final action to approve SIP revisions submitted by the State of Wyoming on May 28, 2015 and November 6, 2015 discussed in Section I. The EPA is also approving infrastructure elements (C) and (D)(i)(II) prong 3 for the 2008 ozone NAAQS from the State's February 6, 2014 certification. IV. 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 WAQSR pertaining to General Emission Standards, Prevention of Significant Deterioration, and Ambient Standards, as discussed in Section I. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by 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 documents generally available electronically 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). --------------------------------------------------------------------------- V. 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 choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The 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 December 12, 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. This action may not be challenged later in proceedings to enforce its requirements. (See CAA Section 307(b)(2)). [[Page 70364]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 22, 2016. Shaun L. McGrath, 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: 0 a. In paragraph (c) under ``Chapter 02. Ambient Standards.'' by revising the entry for ``Section 02'', adding an entry ``Section 02 (b), (c), and (d)'', and revising the entry for ``Section 12''; 0 b. In paragraph (c) under ``Chapter 03. General Emission Standards.'' by revising the entry for ``Section 09''; and 0 c. In paragraph (c) under ``Chapter 06. Permitting Requirements.'' by revising the entry for ``Section 04.''. 0 d. In paragraph (e) by adding an entry for ``(26) XXVI, Infrastructure SIP for Section 110(a)(2)(C) and (D)(i)(II) prong 3-2008 Ozone NAAQS'' at the end of the table. The revisions and addition read as follows: Sec. 52.2620 Identification of plan. * * * * * (c) * * * ---------------------------------------------------------------------------------------------------------------- State EPA effective Final rule Rule No. Rule title effective date date citation/date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * Chapter 02. Ambient Standards Section 02................... Ambient 9/7/2010 10/27/2014 79 FR 50840, 8/ All, except standards for 26/14. Section 02(b) particulate and (c). matter. Section 02 (b), (c), and (d). Ambient 10/13/2015 11/14/2016. 10/12/2016. ............... standards for [Insert date particulate of publication matter. in the Federal Register]. * * * * * * * Section 12................... Incorporation 10/13/2015 11/14/2016. 10/12/2016. ............... by reference. [Insert date of publication in the Federal Register]. Chapter 03. General Emission Standards * * * * * * * Section 09................... Incorporation 11/18/2014 11/14/2016. 10/12/2016. ............... by reference. [Insert date of publication in the Federal Register]. * * * * * * * Chapter 06. Permitting Requirements * * * * * * * Section 04................... Prevention of 3/28/2012 1/6/2014 78 FR 73445, 12/ Except significant 06/13. definition of deterioration. ``Greenhouse gases (GHGs)'' (i)(A). Section 04................... Prevention of 11/18/2014 11/14/2016. 10/12/2016. Only significant [Insert date definitions of deterioration. of publication ``Greenhouse in the Federal gases (GHGs)'' Register]. (i)(A) and ``Minor source baseline date'' (iv)(D). * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- State EPA effective Final rule Rule No. Rule title effective date date citation/date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * (26)XXVI..................... Infrastructure 02/06/2014 11/14/2016. 10/12/2016. Only includes SIP for [Insert date 111(a)(2)(C) Section of publication and (D)(i)(II) 110(a)(2)(C) in the Federal prong 3 for and (D)(i)(II) Register]. 2008 Ozone prong 3 for NAAQS. 2008 Ozone NAAQS. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-24493 Filed 10-11-16; 8:45 am] BILLING CODE 6560-50-P
![70362 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
State citation Title/subject EPA approval date 1 Explanations
date
* * * * * * *
Env-A 2300 ............... Mitigation of Regional Haze ....... 11/22/2014 10/6/2016 [Insert Federal Reg- Revises Env-A 2302.02
ister citation].
* * * * * * *
1
In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
* * * * * (e) Nonregulatory.
NEW HAMPSHIRE NONREGULATORY
Name of State submittal
Applicable geographic or 3
nonregulatory date/effective EPA approved date Explanations
nonattainment area
SIP provision date
* * * * * * *
Regional Haze Five- Statewide .................................... 12/16/14 10/6/2016 [Insert Federal Reg-
Year Progress Re- ister citation].
port.
* * * * * * *
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
[FR Doc. 2016–24495 Filed 10–11–16; 8:45 am] Section 9; and Chapter 6, Prevention of DATES: This rule is effective on
BILLING CODE 6560–50–P Significant Deterioration, Section 4. The November 14, 2016.
EPA also approves the revision in one ADDRESSES: The EPA has established a
of the May 28, 2015 submittals that docket for this action under Docket ID
ENVIRONMENTAL PROTECTION updates a citation to a Federal Register No. EPA–R08–OAR–2016–0366. All
AGENCY article (i.e., Federal Register notice) documents in the docket are listed on
under the definition of ‘‘tpy CO2 the http://www.regulations.gov Web
40 CFR Part 52 equivalent emissions (CO2e),’’ and lists site. Although listed in the index, some
a new minor source baseline date for information is not publicly available,
[EPA–R08–OAR–2016–0366, FRL–9953–78-
fine particulate. The EPA also approves e.g., CBI or other information whose
Region 8]
the updates to the primary air quality disclosure is restricted by statute.
Approval and Promulgation of State standards for particulate matter (PM2.5) Certain other material, such as
Implementation Plan Revisions to to reflect federal updates that went into copyrighted material, is not placed on
Primary Air Quality Standards, Minor effect in January 2013. The updated the Internet and will be publicly
Source Baseline Date, Incorporation by primary PM2.5 standard is 12 available only in hard copy form.
Reference, and 2008 Ozone NAAQS micrograms per cubic meter (mg/m3) Publicly available docket materials are
Infrastructure Requirements for CAA annual arithmetic mean concentration, available through http://
Section 110(a)(2)(C) and (D)(i)(II); which is lowered from its previous level www.regulations.gov, or please contact
Wyoming of 15 mg/m3. The EPA is also approving the person identified in the FOR FURTHER
portions of the State’s February 6, 2014 INFORMATION CONTACT section for
AGENCY: Environmental Protection 2008 ozone National Ambient Air
additional availability information.
Agency (EPA). Quality Standards (NAAQS)
infrastructure certification regarding FOR FURTHER INFORMATION CONTACT: Jody
ACTION: Final rule.
prevention of significant deterioration Ostendorf, Air Program, U.S.
SUMMARY: The Environmental Protection (PSD). The EPA is not taking action in Environmental Protection Agency
Agency (EPA) is approving State this final rule on the Chapter 6, (EPA), Region 8, Mail Code 8P–AR,
Implementation Plan (SIP) revisions Permitting Requirements, Section 14 1595 Wynkoop Street, Denver, Colorado
submitted by the State of Wyoming in portion of a May 24, 2012 submittal or 80202–1129, (303) 312–7814,
two submittals on May 28, 2015 and one one of the May 28, 2015 submittals ostendorf.jody@epa.gov.
submittal on November 6, 2015. The because it has been superseded by a SUPPLEMENTARY INFORMATION:
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final amendments update the version of November 6, 2015 submittal that the
the Code of Federal Regulations (CFR) EPA approved in a separate action. The I. Background
incorporated by reference into the EPA is not taking action on a May 24, In our proposed rule (PR) (81 FR
Wyoming Air Quality Standards and 2012 submittal or a March 8, 2013 53365, Aug. 12, 2016), the EPA
Regulations (WAQSR) for Chapter 2, submittal because they have been proposed to approve SIP revisions
Ambient Standards, Sections 12; superseded by one of the May 28, 2015 submitted by the State of Wyoming on
Chapter 3, General Emission Standards, submittals. May 28, 2015 and November 6, 2015.
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![70364 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations
List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND ■ b. In paragraph (c) under ‘‘Chapter 03.
Environmental protection, Air PROMULGATION OF General Emission Standards.’’ by
pollution control, Carbon monoxide, IMPLEMENTATION PLANS revising the entry for ‘‘Section 09’’; and
Incorporation by reference, ■ c. In paragraph (c) under ‘‘Chapter 06.
Intergovernmental relations, ■ 1. The authority citation for part 52 Permitting Requirements.’’ by revising
Greenhouse gases, Lead, Nitrogen continues to read as follows: the entry for ‘‘Section 04.’’.
dioxide, Ozone, Particulate matter, Authority: 42 U.S.C. 7401 et seq. ■ d. In paragraph (e) by adding an entry
Reporting and recordkeeping for ‘‘(26) XXVI, Infrastructure SIP for
requirements, Sulfur oxides, Volatile Subpart ZZ—Wyoming Section 110(a)(2)(C) and (D)(i)(II) prong
organic compounds. 3-2008 Ozone NAAQS’’ at the end of the
Authority: 42 U.S.C. 7401 et seq. ■ 2. Section 52.2620 is amended: table.
Dated: September 22, 2016. The revisions and addition read as
■ a. In paragraph (c) under ‘‘Chapter 02.
follows:
Shaun L. McGrath, Ambient Standards.’’ by revising the
Regional Administrator, Region 8. entry for ‘‘Section 02’’, adding an entry § 52.2620 Identification of plan.
40 CFR part 52 is amended to read as ‘‘Section 02 (b), (c), and (d)’’, and * * * * *
follows: revising the entry for ‘‘Section 12’’; (c) * * *
State effective EPA effective
Rule No. Rule title Final rule citation/date Comments
date date
* * * * * * *
Chapter 02. Ambient Standards
Section 02 ....................... Ambient standards for 9/7/2010 10/27/2014 79 FR 50840, 8/26/14 ..... All, except Section 02(b)
particulate matter. and (c).
Section 02 (b), (c), and Ambient standards for 10/13/2015 11/14/2016. 10/12/2016. [Insert date
(d). particulate matter. of publication in the
Federal Register].
* * * * ** *
Section 12 ....................... Incorporation by ref- 10/13/2015 11/14/2016.
10/12/2016. [Insert date
erence. of publication in the
Federal Register].
Chapter 03. General Emission Standards
* * * * * * *
Section 09 ....................... Incorporation by ref- 11/18/2014 11/14/2016. 10/12/2016. [Insert date
erence. of publication in the
Federal Register].
* * * * * * *
Chapter 06. Permitting Requirements
* * * * * * *
Section 04 ....................... Prevention of significant 3/28/2012 1/6/2014 78 FR 73445, 12/06/13 ... Except definition of
deterioration. ‘‘Greenhouse gases
(GHGs)’’ (i)(A).
Section 04 ....................... Prevention of significant 11/18/2014 11/14/2016. 10/12/2016. [Insert date Only definitions of
deterioration. of publication in the ‘‘Greenhouse gases
Federal Register]. (GHGs)’’ (i)(A) and
‘‘Minor source baseline
date’’ (iv)(D).
* * * * * * *
* * * * * (e) * * *
State effective EPA effective
Rule No. Rule title Final rule citation/date Comments
date date
* * * * * * *
(26)XXVI .......................... Infrastructure SIP for 02/06/2014 11/14/2016. 10/12/2016. [Insert date Only includes
Section 110(a)(2)(C) of publication in the 111(a)(2)(C) and
and (D)(i)(II) prong 3 Federal Register]. (D)(i)(II) prong 3 for
for 2008 Ozone 2008 Ozone NAAQS.
NAAQS.
mstockstill on DSK3G9T082PROD with RULES
[FR Doc. 2016–24493 Filed 10–11–16; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2016-10-12 00:55:17
Document Modified: 2016-10-12 00:55:17
| 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 rule is effective on November 14, 2016. | |
| Contact | Jody Ostendorf, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7814, [email protected] | |
| FR Citation | 81 FR 70362 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Greenhouse Gases; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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