82_FR_19070 82 FR 18992 - Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2,

82 FR 18992 - Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2,

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 78 (April 25, 2017)

Page Range18992-18994
FR Document2017-08252

The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) revisions from the State of Wyoming to demonstrate the State meets infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October 15, 2008, nitrogen dioxide (NO<INF>2</INF>) on January 22, 2010, sulfur dioxide (SO<INF>2</INF>) on June 2, 2010, and fine particulate matter (PM<INF>2.5</INF>) on December 14, 2012. The EPA is also approving SIP revisions the State submitted regarding state boards.

Federal Register, Volume 82 Issue 78 (Tuesday, April 25, 2017)
[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 18992-18994]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08252]


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

40 CFR Part 52

[EPA-R08-OAR-2012-0933; FRL-9958-35-Region 8]


Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2, 
2010 SO2, and 2012 PM2.5 National Ambient Air Quality Standards; 
Wyoming

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) revisions from the State of 
Wyoming to demonstrate the State meets infrastructure requirements of 
the Clean Air Act (CAA) for the National Ambient Air Quality Standards 
(NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October 
15, 2008, nitrogen dioxide (NO2) on January 22, 2010, sulfur 
dioxide (SO2) on June 2, 2010, and fine particulate matter 
(PM2.5) on December 14, 2012. The EPA is also approving SIP 
revisions the State submitted regarding state boards.

DATES: This rule is effective on May 25, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2012-0933. 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 either electronically 
through http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. The EPA requests that if at all possible, 
you contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section to view the hard copy of the docket. You may view the 
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6563, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    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.
    In our proposed rule (PR), the EPA proposed to approve and take no 
action on some infrastructure elements for the 2008 Pb, 2008 
ozone, 2010 NO2, 2010 SO2 and 2012 
PM2.5 NAAQS from the State's certifications.\1\ In this 
rulemaking, we are taking final action to approve infrastructure 
elements from the State's certifications. We are also taking final 
action to approve new rules to Wyoming Department of Environmental 
Quality General Rules of Practice and Procedure submitted on May 31, 
2016, to satisfy requirements of section 110(a)(2)(E)(ii), state 
boards.
---------------------------------------------------------------------------

    \1\ ``Where an air agency determines that the provisions in or 
referred to by its existing EPA approved SIP are adequate with 
respect to a given infrastructure SIP element (or subelement) even 
in light of the promulgation of a new or revised NAAQS, the air 
agency may make a SIP submission in the form of a certification.'' 
EPA's ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and (2),'' September 
13, 2013, at 7.
---------------------------------------------------------------------------

II. Response to Comments

    We received one comment letter from the Wyoming Department of 
Environmental Quality (Wyoming DEQ) in support of the EPA's proposed 
approval of infrastructure requirements of the CAA and the state boards 
requirement under CAA section 128.

III. Final Action

    For reasons expressed in the proposed rule, the EPA is taking final 
action to approve infrastructure elements from the State's 
certifications as shown in Table 1. Elements we are taking no action on 
are reflected in Table 2. We are also approving new rules to Wyoming 
Department of Environmental Quality General Rules of Practice and 
Procedure, Chapter 1, General Provisions, section 16 submitted on May 
31, 2016, to satisfy requirements of section 110(a)(2)(E)(ii), which 
pertains to the state boards requirement under section 128 (Table 1).
    A comprehensive summary of infrastructure elements and new rules 
being approved into the Wyoming SIP through this final rule action are 
provided in Table 1 and Table 2.

[[Page 18993]]



 Table 1--List of Wyoming Infrastructure Elements and Revisions That the
                            EPA Is Approving
------------------------------------------------------------------------
                           Approving approval
-------------------------------------------------------------------------
October 12, 2011 submittal--2008 Pb NAAQS:
    (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J),
     (K), (L) and (M).
March 6, 2015 submittal--2010 SO2 NAAQS:
    (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J),
     (K), (L) and (M).
February 6, 2014 submittal--2008 Ozone NAAQS:
    (A), (B), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
January 24, 2014 submittal--2010 NO2 NAAQS:
    (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J),
     (K), (L) and (M).
June 24, 2016 submittal-- 2012 PM2.5 NAAQS:
    (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J),
     (K), (L) and (M).
May 31, 2016 submittal--New Rules to Wyoming DEQ General Rules of
 Practice and Procedure, CAA Section 128
    Chapter 1, General Provisions, Section 16, Air Program State
     Implementation Plan.
------------------------------------------------------------------------


 Table 2--List of Wyoming Infrastructure Elements and Revisions That the
                       EPA Is Taking No Action On
------------------------------------------------------------------------
     No action  (Revision to be made in separate rulemaking action.)
-------------------------------------------------------------------------
October 12, 2011 submittal--2008 Pb NAAQS:
    (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
February 06, 2014 submittal--2008 Ozone NAAQS:
    (D)(i)(I) prongs 1 and 2, D(i)(II) prongs 3 and 4 and (C) (final
     action on (D)(i)(II) prong 3 and (C) at 81 FR 70362, Oct. 12,
     2016).
January 24, 2014 submittal--2010 NO2 NAAQS:
    (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
March 06, 2015 submittal--2010 SO2 NAAQS:
    (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
June 24, 2016 submittal--2012 PM2.5 NAAQS:
    (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
------------------------------------------------------------------------

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 
Wyoming DEQ General Rules of Practice and Procedure discussed in 
section III, Final Action of this preamble. The EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

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

[[Page 18994]]

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 June 26, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See CAA Section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 11, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart ZZ--Wyoming

0
2. In Sec.  52.2620:
0
a. The table in paragraph (c) is amended by:
0
i. Adding a centered heading for ``Chapter I. General Rules of Practice 
and Procedure.'' at the end of the table; and
0
ii. Adding, under the centered heading ``Chapter I. General Rules of 
Practice and Procedure.,'' a table entry for ``Section 16.''
0
b. The table in paragraph (e) is amended by adding an entry for ``(28) 
XXVIII'' at the end of the table.
    The additions read as follows:


Sec.  52.2620  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                          State effective    EPA effective      Final rule
      Rule No.           Rule title             date             date         citation/date         Comments
----------------------------------------------------------------------------------------------------------------
 
 
                                                  * * * * * * *
                               Chapter I. General Rules of Practice and Procedure.
----------------------------------------------------------------------------------------------------------------
Section 16.........  Air Quality         4/21/2016........       5/25/2017  [insert Federal    CAA section 128
                      Division, State                                        Register           Requirements.
                      Implementation                                         citation], 4/25/
                      Plan.                                                  2017.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                          State effective    EPA Effective      Final rule
      Rule No.           Rule title             date             date         citation/date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(28) XXVIII........  Infrastructure SIP  10/12/2011, 2/6/        5/25/2017  [insert Federal
                      for Section         2014, 1/24/2014,                   Register
                      110(a)(2)-- 2008    3/6/2015, and 6/                   citation], 4/25/
                      Lead, 2008 Ozone,   24/2016.                           2017.
                      2010 NO2, 2010
                      SO2, and 2012
                      PM2.5 NAAQS.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-08252 Filed 4-24-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                  18992               Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations

                                                    For the reasons discussed in the                      ACTION:   Final rule.                                 of the CAA. Section 110(a)(2) lists the
                                                  preamble, the Coast Guard amends 33                                                                           specific infrastructure elements that a
                                                  CFR part 117 as follows:                                SUMMARY:    The Environmental Protection              SIP must contain or satisfy.
                                                                                                          Agency (EPA) is approving elements of
                                                                                                          State Implementation Plan (SIP)                         In our proposed rule (PR), the EPA
                                                  PART 117—DRAWBRIDGE
                                                                                                          revisions from the State of Wyoming to                proposed to approve and take no action
                                                  OPERATION REGULATIONS
                                                                                                          demonstrate the State meets                           on some infrastructure elements for the
                                                  ■ 1. The authority citation for part 117                infrastructure requirements of the Clean              2008 Pb, 2008 ozone, 2010 NO2, 2010
                                                  continues to read as follows:                           Air Act (CAA) for the National Ambient                SO2 and 2012 PM2.5 NAAQS from the
                                                                                                          Air Quality Standards (NAAQS)                         State’s certifications.1 In this
                                                    Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                          promulgated for ozone on March 12,                    rulemaking, we are taking final action to
                                                  Department of Homeland Security Delegation
                                                  No. 0170.1.                                             2008, lead (Pb) on October 15, 2008,                  approve infrastructure elements from
                                                                                                          nitrogen dioxide (NO2) on January 22,                 the State’s certifications. We are also
                                                  ■ 2. In § 117.261, add paragraph (mm-1)                                                                       taking final action to approve new rules
                                                  to read as follows:                                     2010, sulfur dioxide (SO2) on June 2,
                                                                                                          2010, and fine particulate matter (PM2.5)             to Wyoming Department of
                                                  § 117.261 Atlantic Intracoastal Waterway                on December 14, 2012. The EPA is also                 Environmental Quality General Rules of
                                                  from St. Marys River to Key Largo.                      approving SIP revisions the State                     Practice and Procedure submitted on
                                                  *     *    *     *     *                                submitted regarding state boards.                     May 31, 2016, to satisfy requirements of
                                                    (mm-1) West 79th Street Bridge. The                                                                         section 110(a)(2)(E)(ii), state boards.
                                                                                                          DATES: This rule is effective on May 25,
                                                  draw of the West 79th Street Bridge, at                 2017.                                                 II. Response to Comments
                                                  Miami, Florida will open on signal,                     ADDRESSES: The EPA has established a
                                                  except that from 7 a.m. to 7 p.m.                                                                               We received one comment letter from
                                                                                                          docket for this action under Docket ID
                                                  Monday through Friday, except Federal                                                                         the Wyoming Department of
                                                                                                          No. EPA–R08–OAR–2012–0933. All
                                                  holidays, the draw need only open on                                                                          Environmental Quality (Wyoming DEQ)
                                                                                                          documents in the docket are listed on
                                                  the hour and half hour.                                                                                       in support of the EPA’s proposed
                                                                                                          the http://www.regulations.gov Web
                                                  *     *    *     *     *                                                                                      approval of infrastructure requirements
                                                                                                          site. Although listed in the index, some
                                                                                                                                                                of the CAA and the state boards
                                                  ■ 3. Add § 117.304 to read as follows:                  information is not publicly available,
                                                                                                                                                                requirement under CAA section 128.
                                                                                                          e.g., CBI or other information whose
                                                  § 117.304    Miami Beach Channel.                       disclosure is restricted by statute.                  III. Final Action
                                                    The draw of the East 79th Street                      Certain other material, such as
                                                  Bridge, at Miami, Florida will open on                  copyrighted material, is not placed on                  For reasons expressed in the proposed
                                                  signal, except that from 7 a.m. to 7 p.m.               the Internet and will be publicly                     rule, the EPA is taking final action to
                                                  Monday through Friday, except Federal                   available only in hard copy form.                     approve infrastructure elements from
                                                  holidays, the draw need only open on                    Publicly available docket materials are               the State’s certifications as shown in
                                                  the hour and half hour.                                 available either electronically through               Table 1. Elements we are taking no
                                                                                                          http://www.regulations.gov or in hard                 action on are reflected in Table 2. We
                                                    Dated: April 19, 2017.
                                                                                                          copy at the Air Program, Environmental                are also approving new rules to
                                                  S.A. Buschman,
                                                                                                          Protection Agency (EPA), Region 8,                    Wyoming Department of Environmental
                                                  Rear Admiral, U.S. Coast Guard, Commander,                                                                    Quality General Rules of Practice and
                                                  Seventh Coast Guard District.                           1595 Wynkoop Street, Denver, Colorado
                                                                                                          80202–1129. The EPA requests that if at               Procedure, Chapter 1, General
                                                  [FR Doc. 2017–08257 Filed 4–24–17; 8:45 am]                                                                   Provisions, section 16 submitted on May
                                                                                                          all possible, you contact the individual
                                                  BILLING CODE 9110–04–P
                                                                                                          listed in the FOR FURTHER INFORMATION                 31, 2016, to satisfy requirements of
                                                                                                          CONTACT section to view the hard copy                 section 110(a)(2)(E)(ii), which pertains
                                                                                                          of the docket. You may view the hard                  to the state boards requirement under
                                                  ENVIRONMENTAL PROTECTION                                copy of the docket Monday through                     section 128 (Table 1).
                                                  AGENCY                                                  Friday, 8:00 a.m. to 4:00 p.m., excluding               A comprehensive summary of
                                                  40 CFR Part 52                                          federal holidays.                                     infrastructure elements and new rules
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      being approved into the Wyoming SIP
                                                  [EPA–R08–OAR–2012–0933; FRL–9958–35–                    Abby Fulton, Air Program, U.S.                        through this final rule action are
                                                  Region 8]                                               Environmental Protection Agency                       provided in Table 1 and Table 2.
                                                  Promulgation of State Implementation                    (EPA), Region 8, Mail Code 8P–AR,
                                                                                                                                                                   1 ‘‘Where an air agency determines that the
                                                  Plan Revisions; Infrastructure                          1595 Wynkoop Street, Denver, Colorado
                                                                                                                                                                provisions in or referred to by its existing EPA
                                                  Requirements for the 2008 Lead, 2008                    80202–1129, (303) 312–6563,
                                                                                                                                                                approved SIP are adequate with respect to a given
                                                  Ozone, 2010 NO2, 2010 SO2, and 2012                     fulton.abby@epa.gov.                                  infrastructure SIP element (or subelement) even in
                                                  PM2.5 National Ambient Air Quality                      SUPPLEMENTARY INFORMATION:                            light of the promulgation of a new or revised
                                                  Standards; Wyoming                                                                                            NAAQS, the air agency may make a SIP submission
                                                                                                          I. Background                                         in the form of a certification.’’ EPA’s ‘‘Guidance on
                                                  AGENCY:     Environmental Protection                       Infrastructure requirements for SIPs               Infrastructure State Implementation Plan (SIP)
                                                  Agency.                                                 are set forth in section 110(a)(1) and (2)            Elements under Clean Air Act Sections 110(a)(1)
                                                                                                                                                                and (2),’’ September 13, 2013, at 7.
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                                                                      Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations                                        18993

                                                             TABLE 1—LIST OF WYOMING INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING
                                                                                                                            Approving approval

                                                  October 12, 2011 submittal—2008 Pb NAAQS:
                                                      (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
                                                  March 6, 2015 submittal—2010 SO2 NAAQS:
                                                      (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
                                                  February 6, 2014 submittal—2008 Ozone NAAQS:
                                                      (A), (B), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
                                                  January 24, 2014 submittal—2010 NO2 NAAQS:
                                                      (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
                                                  June 24, 2016 submittal— 2012 PM2.5 NAAQS:
                                                      (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
                                                  May 31, 2016 submittal—New Rules to Wyoming DEQ General Rules of Practice and Procedure, CAA Section 128
                                                      Chapter 1, General Provisions, Section 16, Air Program State Implementation Plan.


                                                     TABLE 2—LIST OF WYOMING INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS TAKING NO ACTION ON
                                                                                                                           No action
                                                                                                       (Revision to be made in separate rulemaking action.)

                                                  October 12, 2011 submittal—2008 Pb NAAQS:
                                                      (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
                                                  February 06, 2014 submittal—2008 Ozone NAAQS:
                                                      (D)(i)(I) prongs 1 and 2, D(i)(II) prongs 3 and 4 and (C) (final action on (D)(i)(II) prong 3 and (C) at 81 FR 70362, Oct. 12, 2016).
                                                  January 24, 2014 submittal—2010 NO2 NAAQS:
                                                      (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
                                                  March 06, 2015 submittal—2010 SO2 NAAQS:
                                                      (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
                                                  June 24, 2016 submittal—2012 PM2.5 NAAQS:
                                                      (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.



                                                  IV. Incorporation by Reference                             • Is not a significant regulatory action            be inconsistent with the Clean Air Act;
                                                                                                          subject to review by the Office of                     and
                                                    In this rule, the EPA is finalizing                   Management and Budget under                               • Does not provide the EPA with the
                                                  regulatory text that includes                           Executive Orders 12866 (58 FR 51735,                   discretionary authority to address, as
                                                  incorporation by reference. In                          October 4, 1993) and 13563 (76 FR 3821,                appropriate, disproportionate human
                                                  accordance with requirements of 1 CFR                   January 21, 2011);                                     health or environmental effects, using
                                                  51.5, the EPA is finalizing the                            • Does not impose an information                    practicable and legally permissible
                                                  incorporation by reference of the                       collection burden under the provisions                 methods, under Executive Order 12898
                                                  Wyoming DEQ General Rules of Practice                   of the Paperwork Reduction Act (44                     (59 FR 7629, February 16, 1994).
                                                  and Procedure discussed in section III,                 U.S.C. 3501 et seq.);                                     In addition, the SIP is not approved
                                                  Final Action of this preamble. The EPA                     • Is certified as not having a                      to apply on any Indian reservation land
                                                  has made, and will continue to make,                    significant economic impact on a                       or in any other area where the EPA or
                                                  these documents generally available                     substantial number of small entities                   an Indian tribe has demonstrated that a
                                                  electronically through                                  under the Regulatory Flexibility Act (5                tribe has jurisdiction. In those areas of
                                                  www.regulations.gov and/or in hard                      U.S.C. 601 et seq.);                                   Indian country, the rule does not have
                                                  copy at the appropriate EPA office (see                    • Does not contain any unfunded                     tribal implications and will not impose
                                                  the ADDRESSES section of this preamble                  mandate or significantly or uniquely                   substantial direct costs on tribal
                                                  for more information).                                  affect small governments, as described                 governments or preempt tribal law as
                                                  V. Statutory and Executive Orders                       in the Unfunded Mandates Reform Act                    specified by Executive Order 13175 (65
                                                  Review                                                  of 1995 (Pub. L. 104–4);                               FR 67249, November 9, 2000).
                                                                                                             • Does not have federalism                             The Congressional Review Act, 5
                                                    Under the Clean Air Act, the                          implications as specified in Executive                 U.S.C. 801 et seq., as added by the Small
                                                  Administrator is required to approve a                  Order 13132 (64 FR 43255, August 10,                   Business Regulatory Enforcement
                                                  SIP submission that complies with the                   1999);                                                 Fairness Act of 1996, generally provides
                                                  provisions of the Act and applicable                       • Is not an economically significant                that before a rule may take effect, the
                                                  federal regulations. 42 U.S.C. 7410(k);                 regulatory action based on health or                   agency promulgating the rule must
                                                  40 CFR 52.02(a). Thus, in reviewing SIP                 safety risks subject to Executive Order                submit a rule report, which includes a
                                                  submissions, the EPA’s role is to                       13045 (62 FR 19885, April 23, 1997);                   copy of the rule, to each House of the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  approve state choices, provided that                       • Is not a significant regulatory action            Congress and to the Comptroller General
                                                  they meet the criteria of the Clean Air                 subject to Executive Order 13211 (66 FR                of the United States. The EPA will
                                                  Act. Accordingly, this action merely                    28355, May 22, 2001);                                  submit a report containing this action
                                                  approves state law as meeting federal                      • Is not subject to requirements of                 and other required information to the
                                                  requirements and does not impose                        section 12(d) of the National                          U.S. Senate, the U.S. House of
                                                  additional requirements beyond those                    Technology Transfer and Advancement                    Representatives, and the Comptroller
                                                  imposed by state law. For that reason,                  Act of 1995 (15 U.S.C. 272 note) because               General of the United States prior to
                                                  this action:                                            application of those requirements would                publication of the rule in the Federal


                                             VerDate Sep<11>2014   16:35 Apr 24, 2017   Jkt 241001   PO 00000   Frm 00019    Fmt 4700   Sfmt 4700   E:\FR\FM\25APR1.SGM   25APR1


                                                  18994                 Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations

                                                  Register. A major rule cannot take effect                  List of Subjects in 40 CFR Part 52                             Authority: 42 U.S.C. 7401 et seq.
                                                  until 60 days after it is published in the                   Environmental protection, Air
                                                  Federal Register. This action is not a                                                                                Subpart ZZ—Wyoming
                                                                                                             pollution control, Carbon monoxide,
                                                  ‘‘major rule’’ as defined by 5 U.S.C.                      Greenhouse gases, Incorporation by                         ■  2. In § 52.2620:
                                                  804(2).                                                    reference, Intergovernmental relations,                    ■  a. The table in paragraph (c) is
                                                     Under Section 307(b)(1) of the Clean                    Lead, Nitrogen dioxide, Ozone,                             amended by:
                                                  Air Act, petitions for judicial review of                  Particulate matter, Reporting and                          ■ i. Adding a centered heading for
                                                  this action must be filed in the United                    recordkeeping requirements, Sulfur                         ‘‘Chapter I. General Rules of Practice
                                                  States Court of Appeals for the                            oxides, Volatile organic compounds.                        and Procedure.’’ at the end of the table;
                                                  appropriate circuit by June 26, 2017.                          Authority: 42 U.S.C. 7401 et seq.                      and
                                                                                                                                                                        ■ ii. Adding, under the centered
                                                  Filing a petition for reconsideration by                     Dated: April 11, 2017.
                                                  the Administrator of this final rule does                                                                             heading ‘‘Chapter I. General Rules of
                                                                                                             Debra H. Thomas,                                           Practice and Procedure.,’’ a table entry
                                                  not affect the finality of this action for                 Acting Regional Administrator, Region 8.                   for ‘‘Section 16.’’
                                                  the purposes of judicial review nor does
                                                                                                                   40 CFR part 52 is amended as follows:                ■ b. The table in paragraph (e) is
                                                  it extend the time within which a
                                                                                                                                                                        amended by adding an entry for ‘‘(28)
                                                  petition for judicial review may be filed,                                                                            XXVIII’’ at the end of the table.
                                                                                                             PART 52—APPROVAL AND
                                                  and shall not postpone the effectiveness                   PROMULGATION OF                                               The additions read as follows:
                                                  of such rule or action. This action may                    IMPLEMENTATION PLANS
                                                  not be challenged later in proceedings to                                                                             § 52.2620     Identification of plan.
                                                  enforce its requirements. (See CAA                         ■ 1. The authority citation for part 52                    *       *    *       *      *
                                                  Section 307(b)(2)).                                        continues to read as follows:                                  (c) * * *

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



                                                             *                         *                      *                    *                   *                                 *                      *
                                                                                                          Chapter I. General Rules of Practice and Procedure.

                                                  Section 16 ....     Air Quality Division, State Im-        4/21/2016 ..............................       5/25/2017   [insert Federal Register cita-    CAA section
                                                                        plementation Plan.                                                                                 tion], 4/25/2017.               128 Re-
                                                                                                                                                                                                           quirements.



                                                  *      *       *       *      *                                  (e) * * *

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


                                                          *                          *                         *                    *                              *                     *                      *
                                                  (28) XXVIII ....    Infrastructure SIP for Section         10/12/2011, 2/6/2014, 1/24/                    5/25/2017   [insert Federal Register cita-
                                                                         110(a)(2)— 2008 Lead,                 2014, 3/6/2015, and 6/24/                                   tion], 4/25/2017.
                                                                         2008 Ozone, 2010 NO2,                 2016.
                                                                         2010 SO2, and 2012 PM2.5
                                                                         NAAQS.



                                                  [FR Doc. 2017–08252 Filed 4–24–17; 8:45 am]                ACTION:  Partial stay of effectiveness of                  DATES:  Certain portions of 40 CFR
                                                  BILLING CODE 6560–50–P                                     final rule.                                                52.173(c)(7) and (25), as specified in this
                                                                                                                                                                        document, are administratively stayed
                                                                                                             SUMMARY:    By a letter dated April 14,                    from April 25, 2017 until July 24, 2017.
                                                  ENVIRONMENTAL PROTECTION                                   2017, EPA announced the convening of                       The addition of 40 CFR 52.173(e) in this
                                                  AGENCY                                                     a proceeding for reconsideration of                        rule is effective from April 25, 2017,
                                                                                                             certain requirements in the final rule                     until July 24, 2017.
                                                  40 CFR Part 52                                             promulgating a Federal Implementation                      ADDRESSES: The EPA has established a
                                                                                                             Plan (FIP) for the State of Arkansas                       docket for this reconsideration
                                                  [EPA–R06–OAR–2015–0189; FRL–9961–81–                       addressing regional haze and interstate                    proceeding under Docket ID No. EPA–
                                                  Region 6]                                                  visibility transport under the Federal                     R06–OAR–2015–0189. All documents in
                                                                                                             Clean Air Act (the Act, or CAA). The                       the docket are available electronically at
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Promulgation of Air Quality                                rule was published in the Federal                          http://www.regulations.gov and in hard
                                                  Implementation Plans; State of                             Register on September 27, 2016. The                        copy at EPA Region 6, 1445 Ross
                                                  Arkansas; Regional Haze and                                EPA is administratively staying for 90                     Avenue, Suite 700, Dallas, TX 75202–
                                                  Interstate Visibility Transport Federal                    days the effectiveness of the rule                         2733. To inspect the hard copy
                                                  Implementation Plan; Partial Stay                          requirements that are under                                materials, please schedule an
                                                                                                             reconsideration. The EPA is adding                         appointment during normal business
                                                  AGENCY: Environmental Protection                           language to the Code of Federal                            hours with the contact listed in the FOR
                                                  Agency (EPA).                                              Regulations (CFR) to reflect this stay.                    FURTHER INFORMATION CONTACT section.



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Document Created: 2017-04-25 02:18:41
Document Modified: 2017-04-25 02:18:41
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
ActionFinal rule.
DatesThis rule is effective on May 25, 2017.
ContactAbby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6563, [email protected]
FR Citation82 FR 18992 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Greenhouse Gases; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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