83 FR 34811 - Approval and Promulgation of Air Quality Implementation Plans; Wyoming; Incorporation by Reference Updates
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 141 (July 23, 2018)
Federal Register Volume 83, Issue 141 (July 23, 2018)
| Page Range | 34811-34813 | |
| FR Document | 2018-15481 |
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)] [Proposed Rules] [Pages 34811-34813] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15481] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2018-0389; FRL-9980-83--Region 8] Approval and Promulgation of Air Quality Implementation Plans; Wyoming; Incorporation by Reference Updates AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve eight State Implementation Plan (SIP) revisions submitted by the State of Wyoming, four submitted on March 27, 2017, and four submitted on March 28, 2018. The revisions include updates to incorporation by reference within several parts of the Wyoming Air Quality Standards and Regulations that are part of the SIP. Additional revisions are proposed that: (1) Correct an inconsistency regarding internal combustion engine nitrogen oxide requirements; (2) amend three state regulations to maintain consistency with federal regulations; and (3) update a state internet address. DATES: Comments: Written comments must be received on or before August 22, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08- OAR-2018-0389, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.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. 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. Docket: All documents in the docket are listed in the www.regulations.gov index. 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, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in 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: Chris Dresser, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado, 80202- 1129, (303) 312-6385, [email protected]. SUPPLEMENTARY INFORMATION: I. Background On November 17, 2016, and December 5, 2017, the Environmental Quality Council (EQC) of the Wyoming Department of Environmental Quality conducted public hearings pursuant to 40 CFR 51.102 to consider the adoption of revisions and additions to the Wyoming Air Quality Standards and Regulations. The EQC approved changes were submitted to the EPA for approval into Wyoming's State Implementation Plan (SIP) on March 27, 2017 (2017 Submittal) and March 28, 2018 (2018 Submittal). The SIP submittals include: (1) Chapter 8 Nonattainment Area Regulations, Section 10, Incorporation by reference (2017 Submittal); (2) Chapter 8, Nonattainment Area Regulations, Section 3, Conformity of general federal actions to state implementation plans (2018 Submittal), and Section 10, Incorporation by reference (2018 Submittal); (3) Chapter 6, Permitting Requirements, Section 4, Prevention of significant deterioration (2017 Submittal); (4) Chapter 6, Permitting Requirements, Section 14, Incorporation by reference (2018 Submittal); (5) Chapter 3, General Emission Standards, Section 3, Emission standards for nitrogen oxides (2017 Submittal); (6) Chapter 3, General Emission Standards, Section 9, Incorporation by reference (2018 Submittal); and (7) Chapter 2, Ambient Standards, Section 6 (2017 Submittal); (8) Chapter 2, Ambient standards for ozone, and Section 12, Incorporation by reference (2018 Submittal). The March 28, 2018 state submittals include requests to update the code of federal regulations (CFR) date of incorporation by reference to reflect the July 1, 2017 CFR, which supersedes the requested changes in the March 27, 2017 state submittals that incorporated by reference the July 1, 2016 CFR (Chapter 8, Nonattainment Area Regulations, Section 10, Incorporation by reference; Chapter 6, Permitting Requirements, Section 14, Incorporation by reference; Chapter 3, General Emission Standards, Section 9, Incorporation by reference; Chapter 2, Ambient standards for ozone, Section 12, Incorporation by reference). II. Analysis of the State's Submittal The EPA evaluated the proposed amendments to the Wyoming Air Quality Standards and Regulations submitted by the State of Wyoming on March 27, 2017, and March 28, 2018. The EPA notes that the incorporation by reference updates requested by Wyoming in the March 27, 2017 submittal have been superseded by updates requested in their March 28, 2018 submittal and are not analyzed here. The subsequent analysis for each SIP submittal is as follows: (1) The State is requesting that the EPA correct a reference in Chapter 8, Nonattainment Area Regulations, Section 10, Incorporation by reference, to adopt by reference the July 1, 2016 CFR. This request has been superseded by the a more recent submittal which requests updates to Chapter 8, Section 10, described and analyzed in SIP submittal (2), as follows. (2) The State is requesting that the EPA correct a reference in Chapter 8, Nonattainment Area Regulations, Section 3, Conformity of general federal actions to state implementation plans. Specifically, the request includes a minor typographical correction to particulate matter to maintain consistency with federally approved language in 40 CFR 93.158(a)(4); a change from ``PM10 '' to ``PM'' in the State's rule Chapter 8, Section 3(h)(i)(D). The EPA finds that this update is necessary and appropriate. This action [[Page 34812]] also proposes to update Chapter 8, Nonattainment Area Regulations, Section 10, Incorporation by reference, to adopt by reference the July 1, 2017 CFR. The State previously submitted SIP revisions for Chapter 8, Section 10 (noted earlier in SIP submittal (1)) on March 27, 2017 that allowed adoption by reference of federal regulations as of July 1, 2016, and have since been superseded by the March 28, 2018 submittal. The EPA finds that this update is necessary and appropriate to cite the more recent July 1, 2017 CFR and incorporate by reference. (3) This action proposes to update Chapter 6, Permitting Requirements, Section 4, Prevention of Significant Deterioration, to remove an outdated Federal Register citation under the definition of `tpy CO2 equivalent emission (CO2 e),' in the State's Rule Chapter 6, Section 4(a) and the location for obtaining a copy of the federal regulation. By deleting the reference to the outdated federal regulation (November 29, 2013), the revised State rule includes the language found in 40 CFR 51.166(b)(48)(ii)(a). This provision of the Prevention of Significant Deterioration (PSD) permit rules describes one of the steps to compute the amount of GHGs emitted, and explains that one multiplies the mass amount of emissions (tpy) for each of the six greenhouse gases, by the gas's associated global warming potential published at Table A-1 to subpart A of part 98 of this chapter--Global Warming Potentials. The State adopted these amendments in December 2017 and therefore adopted the version of Table A-1 to subpart A of part 98 that was in effect at that time. The EPA believes this update is necessary and appropriate to accurately cite the most recent calculation methodology and GHG's associated global warming potential. (4) As requested in the State's March 28, 2018 submittal, the EPA is proposing to update Chapter 6, Section 14, Incorporation by reference to adopt by reference the July 1, 2017 CFR. The State previously submitted SIP revisions for Chapter 6, Section 14 on March 27, 2017, that allowed adoption by reference of federal regulations as of July 1, 2016, and have since been superseded by the March 28, 2018 submittal. The EPA finds that the update is necessary and appropriate to cite the more recent July 1, 2017 CFR and incorporate by reference. (5) This action proposes to update Chapter 3, Section 3, Emission standards for nitrogen oxides, which corrects an inconsistency regarding internal combustion engines. The EPA finds that the requirements governing fuel burning equipment (including internal combustion engines) are covered in Chapter 1, Section 3 of the SIP; so, the language removed in Chapter 3, Section 3, (a)(viii), is a vestigial exemption for engines with a heat input less than 200 million Btu per hour that no longer applies. Therefore, the EPA finds that the change made to Chapter 3, Section 3, is necessary and appropriately corrects the noted inconsistency regarding internal combustion engines. Finally, the State's rulemaking action included an update to the website link for contact information for the Cheyenne Office of the Wyoming Division of Air Quality, Chapter 3, Section 9(a) and (b). The EPA finds it is necessary and appropriate to update the website referenced in the SIP to ensure it is accurate. (6) This action proposes to update Chapter 3, General Emission Standards, Section 9, Incorporation by reference, to adopt by reference from the July 1, 2017 CFR. The State previously submitted SIP revisions for Chapter 3, Section 9 on March 27, 2017, that allowed adoption by reference of federal regulations as of July 1, 2016, and have since been superseded by the March 28, 2018 submittal. The EPA finds that the updates proposed to Chapter 3, Section 9, are necessary and appropriate to cite the more recent July 1, 2017 CFR and incorporate by reference. (7) This action proposes to update Chapter 2, Ambient Standards, Section 6, Ambient standards for ozone. The State has revised Section 6 to include the latest (2015) ozone National Ambient Air Quality Standards (NAAQS). The EPA finds that this update is necessary and appropriate to reflect EPA's 2015 revision to the ozone NAAQS. 40 CFR 50.19. (8) The State previously submitted SIP revisions for Chapter 2, Section 12, Incorporation by reference on March 27, 2017, that allowed adoption by reference of federal regulations as of July 1, 2016. The EPA finds that this update is necessary and appropriate to update the incorporation by reference date to July 1, 2017, as requested in Wyoming's March 28, 2018 letter. III. The EPA's Proposed Action In this action, the EPA is proposing to approve the eight SIP submittals to the Wyoming Air Quality Standards and Regulations submitted by the State of Wyoming on March 27, 2017 and March 28, 2018. This action proposes updates to: (1) Chapter 8 Nonattainment Area Regulations, Section 10, Incorporation by reference (2017 Submittal); (2) Chapter 8, Nonattainment Area Regulations, Section 3, Conformity of general federal actions to state implementation plans (2018 Submittal), and Section 10, Incorporation by reference (2018 Submittal); (3) Chapter 6, Permitting Requirements, Section 4, Prevention of significant deterioration, to remove an outdated Federal Register citation under the definition of `tpy CO2 equivalent emission (CO2 e)' (2017 Submittal); (4) Chapter 6, Permitting Requirements, Section 14, Incorporation by reference (2018 Submittal); (5) Chapter 3, General Emission Standards, Section 3, Emission standards for nitrogen oxides, which corrects an inconsistency regarding internal combustion engines (2017 Submittal); (6) Chapter 3, General Emission Standards, Section 9, Incorporation by reference (2018 Submittal); (7) Chapter 2, Ambient Standards, Section 6, to include the latest ozone NAAQS (2017 Submittal); and (8) Chapter 2, Ambient standards for ozone, and Section 12, Incorporation by reference (2018 Submittal). IV. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the amendments described in section III. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 8 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; [[Page 34813]] 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 proposed 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: July 13, 2018. Debra Thomas, Acting Regional Administrator, Region 8. [FR Doc. 2018-15481 Filed 7-20-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 34811
and service objectives for delivery of generally not consider comments or Permitting Requirements, Section 14,
USPS Retail Ground. comment contents located outside of the Incorporation by reference (2018
* * * * * primary submission (i.e., on the web, Submittal); (5) Chapter 3, General
cloud, or other file sharing system). For Emission Standards, Section 3,
Ruth Stevenson, additional submission methods, the full Emission standards for nitrogen oxides
Attorney, Federal Compliance. EPA public comment policy, (2017 Submittal); (6) Chapter 3, General
[FR Doc. 2018–15617 Filed 7–20–18; 8:45 am] information about CBI or multimedia Emission Standards, Section 9,
BILLING CODE 7710–12–P submissions, and general guidance on Incorporation by reference (2018
making effective comments, please visit Submittal); and (7) Chapter 2, Ambient
http://www2.epa.gov/dockets/ Standards, Section 6 (2017 Submittal);
ENVIRONMENTAL PROTECTION commenting-epa-dockets. (8) Chapter 2, Ambient standards for
AGENCY Docket: All documents in the docket ozone, and Section 12, Incorporation by
are listed in the www.regulations.gov reference (2018 Submittal).
40 CFR Part 52 index. Although listed in the index, The March 28, 2018 state submittals
some information is not publicly include requests to update the code of
[EPA–R08–OAR–2018–0389; FRL–9980– available, e.g., CBI or other information federal regulations (CFR) date of
83—Region 8] incorporation by reference to reflect the
whose disclosure is restricted by statute.
Certain other material, such as July 1, 2017 CFR, which supersedes the
Approval and Promulgation of Air
copyrighted material, will be publicly requested changes in the March 27,
Quality Implementation Plans;
available only in hard copy. Publicly 2017 state submittals that incorporated
Wyoming; Incorporation by Reference
available docket materials are available by reference the July 1, 2016 CFR
Updates (Chapter 8, Nonattainment Area
either electronically in
AGENCY: Environmental Protection www.regulations.gov or in hard copy at Regulations, Section 10, Incorporation
Agency (EPA). the Air Program, Environmental by reference; Chapter 6, Permitting
ACTION: Proposed rule. Protection Agency (EPA), Region 8, Requirements, Section 14, Incorporation
1595 Wynkoop Street, Denver, Colorado by reference; Chapter 3, General
SUMMARY: The Environmental Protection 80202–1129. The EPA requests that if at Emission Standards, Section 9,
Agency (EPA) is proposing to approve all possible, you contact the individual Incorporation by reference; Chapter 2,
eight State Implementation Plan (SIP) listed in the FOR FURTHER INFORMATION Ambient standards for ozone, Section
revisions submitted by the State of CONTACT section to view the hard copy 12, Incorporation by reference).
Wyoming, four submitted on March 27, of the docket. You may view the hard II. Analysis of the State’s Submittal
2017, and four submitted on March 28, copy of the docket Monday through
2018. The revisions include updates to The EPA evaluated the proposed
Friday, 8:00 a.m. to 4:00 p.m., excluding
incorporation by reference within amendments to the Wyoming Air
federal holidays. Quality Standards and Regulations
several parts of the Wyoming Air FOR FURTHER INFORMATION CONTACT:
Quality Standards and Regulations that submitted by the State of Wyoming on
Chris Dresser, Air Program, EPA, Region March 27, 2017, and March 28, 2018.
are part of the SIP. Additional revisions 8, Mailcode 8P–AR, 1595 Wynkoop
are proposed that: (1) Correct an The EPA notes that the incorporation by
Street, Denver, Colorado, 80202–1129, reference updates requested by
inconsistency regarding internal (303) 312–6385, dresser.chris@epa.gov.
combustion engine nitrogen oxide Wyoming in the March 27, 2017
SUPPLEMENTARY INFORMATION: submittal have been superseded by
requirements; (2) amend three state
regulations to maintain consistency updates requested in their March 28,
I. Background
with federal regulations; and (3) update 2018 submittal and are not analyzed
On November 17, 2016, and December here. The subsequent analysis for each
a state internet address. 5, 2017, the Environmental Quality SIP submittal is as follows:
DATES: Comments: Written comments Council (EQC) of the Wyoming (1) The State is requesting that the
must be received on or before August Department of Environmental Quality EPA correct a reference in Chapter 8,
22, 2018. conducted public hearings pursuant to Nonattainment Area Regulations,
ADDRESSES: Submit your comments, 40 CFR 51.102 to consider the adoption Section 10, Incorporation by reference,
identified by Docket ID No. EPA–R08– of revisions and additions to the to adopt by reference the July 1, 2016
OAR–2018–0389, to the Federal Wyoming Air Quality Standards and CFR. This request has been superseded
Rulemaking Portal: https:// Regulations. The EQC approved changes by the a more recent submittal which
www.regulations.gov. Follow the online were submitted to the EPA for approval requests updates to Chapter 8, Section
instructions for submitting comments. into Wyoming’s State Implementation 10, described and analyzed in SIP
Once submitted, comments cannot be Plan (SIP) on March 27, 2017 (2017 submittal (2), as follows.
edited or removed from Submittal) and March 28, 2018 (2018 (2) The State is requesting that the
www.regulations.gov. The EPA may Submittal). The SIP submittals include: EPA correct a reference in Chapter 8,
publish any comment received to its (1) Chapter 8 Nonattainment Area Nonattainment Area Regulations,
public docket. Do not submit Regulations, Section 10, Incorporation Section 3, Conformity of general federal
electronically any information you by reference (2017 Submittal); (2) actions to state implementation plans.
consider to be Confidential Business Chapter 8, Nonattainment Area Specifically, the request includes a
amozie on DSK3GDR082PROD with PROPOSALS1
Information (CBI) or other information Regulations, Section 3, Conformity of minor typographical correction to
whose disclosure is restricted by statute. general federal actions to state particulate matter to maintain
Multimedia submissions (audio, video, implementation plans (2018 Submittal), consistency with federally approved
etc.) must be accompanied by a written and Section 10, Incorporation by language in 40 CFR 93.158(a)(4); a
comment. The written comment is reference (2018 Submittal); (3) Chapter change from ‘‘PM10’’ to ‘‘PM’’ in the
considered the official comment and 6, Permitting Requirements, Section 4, State’s rule Chapter 8, Section 3(h)(i)(D).
should include discussion of all points Prevention of significant deterioration The EPA finds that this update is
you wish to make. The EPA will (2017 Submittal); (4) Chapter 6, necessary and appropriate. This action
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• Does not impose an information ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
collection burden under the provisions AGENCY Throughout this document whenever
of the Paperwork Reduction Act (44 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
U.S.C. 3501 et seq.); 40 CFR Part 52 intended to refer to the EPA. This
• Is certified as not having a [EPA–R10–OAR–2018–0061; FRL–9981– SUPPLEMENTARY INFORMATION section is
significant economic impact on a 08—Region 10] arranged as follows:
substantial number of small entities Table of Contents
under the Regulatory Flexibility Act (5 Air Plan Approval; Washington;
Interstate Transport Requirements for I. Background
U.S.C. 601 et seq.); II. State Submittal
the 2015 Ozone NAAQS
• Does not contain any unfunded III. EPA Evaluation
mandate or significantly or uniquely AGENCY: Environmental Protection IV. Proposed Action
affect small governments, as described Agency (EPA). V. Statutory and Executive Order Reviews
in the Unfunded Mandates Reform Act ACTION: Proposed rule.
of 1995 (Pub. L. 104–4); I. Background
SUMMARY: The Clean Air Act (CAA) On October 1, 2015, the EPA
• Does not have federalism requires each State Implementation Plan
implications as specified in Executive promulgated a revision to the ozone
(SIP) to contain adequate provisions NAAQS (2015 ozone NAAQS), lowering
Order 13132 (64 FR 43255, August 10, prohibiting emissions that will have
1999); the level of both the primary and
certain adverse air quality effects in secondary standards to 0.070 parts per
• Is not an economically significant other states. On February 7, 2018, the million (ppm).1 Section 110(a)(1) of the
regulatory action based on health or State of Washington made a submittal to CAA requires states to submit, within 3
safety risks subject to Executive Order the Environmental Protection Agency years after promulgation of a new or
13045 (62 FR 19885, April 23, 1997); (EPA) to address these requirements for revised standard, SIPs meeting the
• Is not a significant regulatory action the 2015 ozone National Ambient Air applicable elements of section
subject to Executive Order 13211 (66 FR Quality Standards (NAAQS). The EPA is 110(a)(2).2 One of these applicable
28355, May 22, 2001); proposing to approve the submittal as requirements is found in section
meeting the requirement that each SIP
• Is not subject to requirements of 110(a)(2)(D)(i), otherwise known as the
contain adequate provisions to prohibit good neighbor provision, which
Section 12(d) of the National
emissions that will significantly generally requires SIPs to contain
Technology Transfer and Advancement
contribute to nonattainment or interfere adequate provisions to prohibit in-state
Act of 1995 (15 U.S.C. 272 note) because
with maintenance of the 2015 ozone emissions activities from having certain
application of those requirements would
NAAQS in any other state. adverse air quality effects on other states
be inconsistent with the Clean Air Act;
DATES: Written comments must be due to interstate transport of pollution.
and
received on or before August 22, 2018. There are four prongs within CAA
• Does not provide the EPA with the
ADDRESSES: Submit your comments, section 110(a)(2)(D)(i): Section
discretionary authority to address, as
identified by Docket ID No. EPA–R10– 110(a)(2)(D)(i)(I) contains prongs 1 and
appropriate, disproportionate human
OAR–2018–0061 at https:// 2, while section 110(a)(2)(D)(i)(II)
health or environmental effects, using www.regulations.gov. Follow the online
practicable and legally permissible includes prongs 3 and 4. This action
instructions for submitting comments. addresses the first two prongs under
methods, under Executive Order 12898 Once submitted, comments cannot be
(59 FR 7629, February 16, 1994). section 110(a)(2)(D)(i)(I). Under prongs 1
edited or removed from Regulations.gov. and 2 of the good neighbor provision, a
In addition, the SIP is not proposed to The EPA may publish any comment state’s SIP for a new or revised NAAQS
apply on any Indian reservation land or received to its public docket. Do not must contain adequate provisions
in any other area where the EPA or an submit electronically any information prohibiting any source or other type of
Indian tribe has demonstrated that a you consider to be Confidential emissions activity within the state from
tribe has jurisdiction. In those areas of Business Information (CBI) or other emitting air pollutants in amounts that
Indian country, the rule does not have information whose disclosure is will contribute significantly to
tribal implications and will not impose restricted by statute. Multimedia nonattainment of the NAAQS in another
substantial direct costs on tribal submissions (audio, video, etc.) must be state (prong 1) or from interfering with
governments or preempt tribal law as accompanied by a written comment. maintenance of the NAAQS in another
specified by Executive Order 13175 (65 The written comment is considered the state (prong 2). Under section
FR 67249, November 9, 2000). official comment and should include 110(a)(2)(D)(i)(I) of the CAA, the EPA
discussion of all points you wish to gives independent significance to
List of Subjects in 40 CFR Part 52
make. The EPA will generally not evaluating prong 1 and prong 2.
Environmental protection, Air consider comments or comment We note that the EPA has addressed
pollution control, Carbon monoxide, contents located outside of the primary the interstate transport requirements of
Incorporation by reference, submission (i.e. on the web, cloud, or CAA section 110(a)(2)(D)(i)(I) with
Intergovernmental relations, Lead, other file sharing system). For respect to prior ozone NAAQS in
Nitrogen dioxide, Ozone, Particulate additional submission methods, the full several regulatory actions, including the
matter, Reporting and recordkeeping EPA public comment policy, Cross-State Air Pollution Rule (CSAPR),
amozie on DSK3GDR082PROD with PROPOSALS1
requirements. information about CBI or multimedia which addressed interstate transport
Authority: 42 U.S.C. 7401 et seq.
submissions, and general guidance on
making effective comments, please visit 1 National Ambient Air Quality Standards for
Dated: July 13, 2018. https://www.epa.gov/dockets/ Ozone Final Rule, 80 FR 65292 (October 26, 2015).
Debra Thomas, commenting-epa-dockets. 2 SIP revisions that are intended to meet the
Acting Regional Administrator, Region 8. requirements of section 110(a)(1) and (2) of the CAA
FOR FURTHER INFORMATION CONTACT: Jeff
are often referred to as infrastructure SIPs and the
[FR Doc. 2018–15481 Filed 7–20–18; 8:45 am] Hunt at (206) 553–0256, or hunt.jeff@ elements under 110(a)(2) are referred to as
BILLING CODE 6560–50–P epa.gov. infrastructure requirements.
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Document Created: 2018-07-21 00:48:23
Document Modified: 2018-07-21 00:48:23
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments: Written comments must be received on or before August 22, 2018. | |
| Contact | Chris Dresser, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado, 80202- 1129, (303) 312-6385, [email protected] | |
| FR Citation | 83 FR 34811 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements |
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