83_FR_47747 83 FR 47564 - Approval and Promulgation of Air Quality Implementation Plans; Wyoming; Incorporation by Reference Updates

83 FR 47564 - Approval and Promulgation of Air Quality Implementation Plans; Wyoming; Incorporation by Reference Updates

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47564-47566
FR Document2018-20447

The Environmental Protection Agency (EPA) is approving 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 being approved that: Correct an inconsistency regarding internal combustion engine nitrogen oxide requirements; amend three state regulations to maintain consistency with federal regulations; and update a state internet address.

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47564-47566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20447]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0389; FRL-9983-50--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Wyoming; Incorporation by Reference Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 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 being 
approved that: Correct an inconsistency regarding internal combustion 
engine nitrogen oxide requirements; amend three state regulations to 
maintain consistency with federal regulations; and update a state 
internet address.

DATES: This final rule is effective on October 22, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0389. All documents in the docket are 
listed on the http://www.regulations.gov website. 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 
www.regulations.gov, or please contact the person identified in the For 
Further Information Contact section for additional availability 
information.

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

SUPPLEMENTARY INFORMATION: 

I. Background Information

    In a rulemaking published on July 23, 2018 (83 FR 34811), the EPA 
proposed approval of eight revisions to the Wyoming Air Quality 
Standards and Regulations 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 were 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. In 
this rulemaking the EPA is taking final action to approve the proposed 
revisions. The reasons for our approval are provided in the proposed 
rule.

II. Response to Public Comments

    The EPA received three anonymous comments on the proposed SIP 
amendments to the Wyoming Air Quality Standards and Regulations. After 
reviewing the comments, the EPA has determined that the comments are 
outside the scope of our proposed action or fail to identify any 
material issue necessitating a response. All comments received on this 
action are available for review in the docket for this rulemaking. This 
rule will be finalized as proposed without revisions.

III. Final Action

    For the reasons expressed in the proposed rule, the EPA is 
approving 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 updates: (1) Chapter 8 Non-attainment 
Area Regulations, Section 10, Incorporation by reference (2017 
Submittal); (2) Chapter 8, Non-attainment 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 (CO2e),' portions of which had been 
approved in a previous October 12, 2016 EPA action (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, Ambient Standards for ozone, to include the latest ozone NAAQS (2017 
Submittal); and (8) Chapter 2, Ambient Standards, Section 12, 
Incorporation by reference (2018 Submittal).

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 Wyoming 
Air Quality Standards and Regulations described in the amendments set 
forth to 40 CFR part 52, below. 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). Therefore, these materials have been approved by the EPA 
for inclusion in the SIP, have been incorporated by reference by the 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
the EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\
---------------------------------------------------------------------------

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

V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
final action merely approves some state law as meeting federal 
requirements; this final

[[Page 47565]]

action does not impose additional requirements beyond those imposed by 
state law. For that reason, this final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, Oct. 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     This action is not an Executive Order 13771 (82 FR 9339, 
Feb. 2, 2017) regulatory action because actions such as approving SIPs 
are exempted under Executive Order 12866;
     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, Aug. 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide 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, Feb. 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 19, 2018. 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: September 14, 2018.
Douglas Benevento,
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, the table in paragraph (c) is amended by revising:
0
a. Under the center heading ``Chapter 02, Ambient Standards,'' the 
table entries for Section 06 and Section 12;
0
b. Under the center heading ``Chapter 03, General Emission Standards,'' 
the table entries for Section 03 and Section 09;
0
c. Under the center heading ``Chapter 06, Permitting Requirements,'' 
Section 04 and Section 14; and
0
d. Under the center heading ``Chapter 08, Non-attainment Area 
Regulations,'' Section 03 and Section 10.
    The revisions read as follows:


Sec.  52.2620   Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                  State         EPA
        Rule No.               Rule title       effective    effective   Final rule citation/      Comments
                                                   date         date             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Chapter 02. Ambient Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 06..............  Ambient Standards     12/20/2016   10/22/2018  [Insert Federal
                           for ozone.                                     Register
                                                                          citation]. 9/20/
                                                                          2018.
 
                                                  * * * * * * *
Section 12..............  Incorporation by        2/5/2018   10/22/2018  [Insert Federal
                           reference.                                     Register
                                                                          citation]. 9/20/
                                                                          2018.
----------------------------------------------------------------------------------------------------------------
                                     Chapter 03. General Emission Standards
----------------------------------------------------------------------------------------------------------------
 

[[Page 47566]]

 
                                                  * * * * * * *
Section 03..............  Emission standards    12/20/2016   10/22/2018  [Insert Federal
                           for nitrogen                                   Register
                           oxides.                                        citation]. 9/20/
                                                                          2018.
 
                                                  * * * * * * *
Section 09..............  Incorporation by        2/5/2018   10/22/2018  [Insert Federal
                           reference.                                     Register
                                                                          citation]. 9/20/
                                                                          2018.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Chapter 06. Permitting Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 04..............  Prevention of         12/20/2016   10/22/2018  [Insert Federal
                           significant                                    Register
                           deterioration.                                 citation].
                                                                          September 20, 2018.
 
                                                  * * * * * * *
Section 14..............  Incorporation by        2/5/2018   10/22/2018  [Insert Federal
                           reference.                                     Register
                                                                          citation].
                                                                          September 20, 2018.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Chapter 08. Non-attainment Area Regulations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 03..............  Conformity of           2/5/2018   10/22/2018  [Insert Federal
                           general federal                                Register
                           actions to state                               citation].
                           implementation                                 September 20, 2018.
                           plans.
 
                                                  * * * * * * *
Section 10..............  Incorporation by        2/5/2018   10/22/2018  [Insert Federal
                           reference.                                     Register
                                                                          citation].
                                                                          September 20, 2018.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-20447 Filed 9-19-18; 8:45 am]
BILLING CODE 6560-50-P



                                             47564            Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations

                                             permission to do so. The Captain of the                  or please contact the person identified               Submittal); (3) Chapter 6, Permitting
                                             Port Buffalo or his on-scene                             in the FOR FURTHER INFORMATION                        Requirements, Section 4, Prevention of
                                             representative may be contacted via                      CONTACT section for additional                        significant deterioration, to remove an
                                             VHF Channel 16. Vessel operators given                   availability information.                             outdated Federal Register citation
                                             permission to enter or operate in the                    FOR FURTHER INFORMATION CONTACT:                      under the definition of ‘tpy CO2
                                             safety zone must comply with all                         Chris Dresser, Air Program, U.S.                      equivalent emission (CO2e),’ portions of
                                             directions given to them by the Captain                  Environmental Protection Agency                       which had been approved in a previous
                                             of the Port Buffalo, or his on-scene                     (EPA), Region 8, Mail Code 8P–AR,                     October 12, 2016 EPA action (2017
                                             representative.                                          1595 Wynkoop Street, Denver, Colorado                 Submittal); (4) Chapter 6, Permitting
                                               Dated: September 14, 2018.                             80202–1129, (303) 312–6385,                           Requirements, Section 14, Incorporation
                                                                                                      dresser.chris@epa.gov.                                by reference (2018 Submittal); (5)
                                             Joseph S. Dufresne,
                                                                                                      SUPPLEMENTARY INFORMATION:                            Chapter 3, General Emission Standards,
                                             Captain, U.S. Coast Guard, Captain of the                                                                      Section 3, Emission standards for
                                             Port Buffalo.                                            I. Background Information                             nitrogen oxides, which corrects an
                                             [FR Doc. 2018–20455 Filed 9–19–18; 8:45 am]
                                                                                                         In a rulemaking published on July 23,              inconsistency regarding internal
                                             BILLING CODE 9110–04–P                                                                                         combustion engines (2017 Submittal);
                                                                                                      2018 (83 FR 34811), the EPA proposed
                                                                                                      approval of eight revisions to the                    (6) Chapter 3, General Emission
                                                                                                      Wyoming Air Quality Standards and                     Standards, Section 9, Incorporation by
                                             ENVIRONMENTAL PROTECTION                                 Regulations submitted by the State of                 reference (2018 Submittal); (7) Chapter
                                             AGENCY                                                   Wyoming; four submitted on March 27,                  2, Ambient Standards, Section 6,
                                                                                                      2017, and four submitted on March 28,                 Ambient Standards for ozone, to include
                                             40 CFR Part 52                                           2018. The revisions include updates to                the latest ozone NAAQS (2017
                                             [EPA–R08–OAR–2018–0389; FRL–9983–                        incorporation by reference within                     Submittal); and (8) Chapter 2, Ambient
                                             50—Region 8]                                             several parts of the Wyoming Air                      Standards, Section 12, Incorporation by
                                                                                                      Quality Standards and Regulations that                reference (2018 Submittal).
                                             Approval and Promulgation of Air                         are part of the SIP. Additional revisions
                                             Quality Implementation Plans;                                                                                  IV. Incorporation by Reference
                                                                                                      were proposed that: (1) Correct an
                                             Wyoming; Incorporation by Reference                      inconsistency regarding internal                        In this rule, the EPA is finalizing
                                             Updates                                                  combustion engine nitrogen oxide                      regulatory text that includes
                                                                                                      requirements; (2) amend three state                   incorporation by reference. In
                                             AGENCY:  Environmental Protection                                                                              accordance with requirements of 1 CFR
                                             Agency (EPA).                                            regulations to maintain consistency
                                                                                                      with federal regulations; and (3) update              51.5, the EPA is finalizing the
                                             ACTION: Final rule.                                                                                            incorporation by reference of Wyoming
                                                                                                      a state internet address. In this
                                             SUMMARY:   The Environmental Protection                  rulemaking the EPA is taking final                    Air Quality Standards and Regulations
                                             Agency (EPA) is approving eight State                    action to approve the proposed                        described in the amendments set forth
                                                                                                      revisions. The reasons for our approval               to 40 CFR part 52, below. The EPA has
                                             Implementation Plan (SIP) revisions
                                                                                                      are provided in the proposed rule.                    made, and will continue to make, these
                                             submitted by the State of Wyoming; four
                                                                                                                                                            materials generally available through
                                             submitted on March 27, 2017, and four                    II. Response to Public Comments                       www.regulations.gov and at the EPA
                                             submitted on March 28, 2018. The
                                                                                                         The EPA received three anonymous                   Region 8 office (please contact the
                                             revisions include updates to
                                                                                                      comments on the proposed SIP                          person identified in the FOR FURTHER
                                             incorporation by reference within
                                                                                                      amendments to the Wyoming Air                         INFORMATION CONTACT section of this
                                             several parts of the Wyoming Air
                                                                                                      Quality Standards and Regulations.                    preamble for more information).
                                             Quality Standards and Regulations that
                                                                                                      After reviewing the comments, the EPA                 Therefore, these materials have been
                                             are part of the SIP. Additional revisions
                                                                                                      has determined that the comments are                  approved by the EPA for inclusion in
                                             are being approved that: Correct an
                                                                                                      outside the scope of our proposed action              the SIP, have been incorporated by
                                             inconsistency regarding internal
                                                                                                      or fail to identify any material issue                reference by the EPA into that plan, are
                                             combustion engine nitrogen oxide
                                                                                                      necessitating a response. All comments                fully federally enforceable under
                                             requirements; amend three state
                                                                                                      received on this action are available for             sections 110 and 113 of the CAA as of
                                             regulations to maintain consistency
                                                                                                      review in the docket for this                         the effective date of the final rulemaking
                                             with federal regulations; and update a
                                                                                                      rulemaking. This rule will be finalized               of the EPA’s approval, and will be
                                             state internet address.
                                                                                                      as proposed without revisions.                        incorporated by reference in the next
                                             DATES: This final rule is effective on
                                                                                                      III. Final Action                                     update to the SIP compilation.1
                                             October 22, 2018.
                                             ADDRESSES: The EPA has established a                        For the reasons expressed in the                   V. Statutory and Executive Orders
                                             docket for this action under Docket ID                   proposed rule, the EPA is approving the               Review
                                             No. EPA–R08–OAR–2018–0389. All                           eight SIP submittals to the Wyoming Air                 Under the CAA, the Administrator is
                                             documents in the docket are listed on                    Quality Standards and Regulations                     required to approve a SIP submission
                                             the http://www.regulations.gov website.                  submitted by the State of Wyoming on                  that complies with the provisions of the
                                             Although listed in the index, some                       March 27, 2017, and March 28, 2018.                   Act and applicable federal regulations
                                             information is not publicly available,                   This action updates: (1) Chapter 8 Non-               (42 U.S.C. 7410(k), 40 CFR 52.02(a)).
                                             e.g., CBI or other information whose                     attainment Area Regulations, Section                  Thus, in reviewing SIP submissions, the
                                             disclosure is restricted by statute.                     10, Incorporation by reference (2017                  EPA’s role is to approve state choices,
tkelley on DSKBCP9HB2PROD with RULES2




                                             Certain other material, such as                          Submittal); (2) Chapter 8, Non-                       provided that they meet the criteria of
                                             copyrighted material, is not placed on                   attainment Area Regulations, Section 3,               the CAA. Accordingly, this final action
                                             the internet and will be publicly                        Conformity of general federal actions to              merely approves some state law as
                                             available only in hard copy form.                        state implementation plans (2018                      meeting federal requirements; this final
                                             Publicly available docket materials are                  Submittal), and Section 10,
                                             available through www.regulations.gov,                   Incorporation by reference (2018                        1 62   FR 27968 (May 22, 1997).



                                        VerDate Sep<11>2014    16:15 Sep 19, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\20SER1.SGM    20SER1


                                                              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations                                                   47565

                                             action does not impose additional                         health or environmental effects, using                  be challenged later in proceedings to
                                             requirements beyond those imposed by                      practicable and legally permissible                     enforce its requirements. (See CAA
                                             state law. For that reason, this final                    methods, under Executive Order 12898                    section 307(b)(2).)
                                             action:                                                   (59 FR 7629, Feb. 16, 1994).
                                                • Is not a ‘‘significant regulatory                       The SIP is not approved to apply on                  List of Subjects in 40 CFR Part 52
                                             action’’ subject to review by the Office                  any Indian reservation land or in any                     Environmental protection, Air
                                             of Management and Budget under                            other area where the EPA or an Indian                   pollution control, Carbon monoxide,
                                             Executive Order 12866 (58 FR 51735,                       tribe has demonstrated that a tribe has                 Incorporation by reference,
                                             Oct. 4, 1993) and 13563 (76 FR 3821,                      jurisdiction. In those areas of Indian                  Intergovernmental relations, Lead,
                                             January 21, 2011);                                        country, the rule does not have tribal                  Nitrogen dioxide, Ozone, Particulate
                                                • This action is not an Executive                      implications and will not impose                        matter, Reporting and recordkeeping
                                             Order 13771 (82 FR 9339, Feb. 2, 2017)                    substantial direct costs on tribal                      requirements.
                                             regulatory action because actions such                    governments or preempt tribal law as
                                                                                                                                                                 Dated: September 14, 2018.
                                             as approving SIPs are exempted under                      specified by Executive Order 13175 (65
                                                                                                       FR 67249, November 9, 2000).                            Douglas Benevento,
                                             Executive Order 12866;
                                                • Does not impose an information                          The Congressional Review Act, 5                      Regional Administrator, Region 8.
                                             collection burden under the provisions                    U.S.C. 801 et seq., as added by the Small                   40 CFR part 52 is amended as follows:
                                             of the Paperwork Reduction Act (44                        Business Regulatory Enforcement
                                             U.S.C. 3501 et seq.);                                     Fairness Act of 1996, generally provides                PART 52—APPROVAL AND
                                                • Is certified as not having a                         that before a rule may take effect, the                 PROMULGATION OF
                                             significant economic impact on a                          agency promulgating the rule must                       IMPLEMENTATION PLANS
                                             substantial number of small entities                      submit a rule report, which includes a
                                             under the Regulatory Flexibility Act (5                   copy of the rule, to each House of the                  ■ 1. The authority citation for part 52
                                             U.S.C. 601 et seq.);                                      Congress and to the Comptroller General                 continues to read as follows:
                                                • Does not contain any unfunded                        of the United States. The EPA will
                                                                                                                                                                   Authority: 42 U.S.C. 7401 et seq.
                                             mandate or significantly or uniquely                      submit a report containing this action
                                             affect small governments, as described                    and other required information to the                   Subpart ZZ—Wyoming
                                             in the Unfunded Mandates Reform Act                       U.S. Senate, the U.S. House of
                                             of 1995 (Pub. L. 104–4);                                  Representatives, and the Comptroller                    ■ 2. In § 52.2620, the table in paragraph
                                                • Does not have federalism                             General of the United States prior to                   (c) is amended by revising:
                                             implications as specified in Executive                    publication of the rule in the Federal                  ■ a. Under the center heading ‘‘Chapter
                                             Order 13132 (64 FR 43255, Aug. 10,                        Register. A major rule cannot take effect               02, Ambient Standards,’’ the table
                                             1999);                                                    until 60 days after it is published in the              entries for Section 06 and Section 12;
                                                • Is not an economically significant                   Federal Register. This action is not a
                                                                                                                                                               ■ b. Under the center heading ‘‘Chapter
                                             regulatory action based on health or                      ‘‘major rule’’ as defined by 5 U.S.C.
                                                                                                       804(2).                                                 03, General Emission Standards,’’ the
                                             safety risks subject to Executive Order
                                                                                                          Under section 307(b)(1) of the CAA,                  table entries for Section 03 and Section
                                             13045 (62 FR 19885, April 23, 1997);
                                                • Is not a significant regulatory action               petitions for judicial review of this                   09;
                                             subject to Executive Order 13211 (66 FR                   action must be filed in the United States               ■ c. Under the center heading ‘‘Chapter
                                             28355, May 22, 2001);                                     Court of Appeals for the appropriate                    06, Permitting Requirements,’’ Section
                                                • Is not subject to requirements of                    circuit by November 19, 2018. Filing a                  04 and Section 14; and
                                             Section 12(d) of the National                             petition for reconsideration by the                     ■ d. Under the center heading ‘‘Chapter
                                             Technology Transfer and Advancement                       Administrator of this final rule does not               08, Non-attainment Area Regulations,’’
                                             Act of 1995 (15 U.S.C. 272 note) because                  affect the finality of this action for the              Section 03 and Section 10.
                                             application of those requirements would                   purposes of judicial review nor does it                    The revisions read as follows:
                                             be inconsistent with the CAA; and                         extend the time within which a petition
                                                • Does not provide the EPA with the                    for judicial review may be filed, and                   § 52.2620    Identification of plan.
                                             discretionary authority to address, as                    shall not postpone the effectiveness of                 *       *    *          *   *
                                             appropriate, disproportionate human                       such rule or action. This action may not                    (c) * * *

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


                                                        *                       *                        *                       *                       *                         *                   *

                                                                                                              Chapter 02. Ambient Standards


                                                      *                       *                    *                          *                           *                   *                        *
                                             Section 06 .........   Ambient Standards for ozone .............       12/20/2016        10/22/2018     [Insert Federal Register
                                                                                                                                                        citation]. 9/20/2018.
tkelley on DSKBCP9HB2PROD with RULES2




                                                      *                        *                       *                         *                        *                   *                        *
                                             Section 12 .........   Incorporation by reference ..................        2/5/2018     10/22/2018     [Insert Federal Register
                                                                                                                                                        citation]. 9/20/2018.

                                                                                                         Chapter 03. General Emission Standards




                                        VerDate Sep<11>2014    16:15 Sep 19, 2018   Jkt 244001    PO 00000   Frm 00019   Fmt 4700    Sfmt 4700   E:\FR\FM\20SER1.SGM    20SER1


                                             47566            Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations

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

                                                      *                      *                   *                              *                           *                   *               *
                                             Section 03 .........   Emission standards for nitrogen ox-               12/20/2016        10/22/2018     [Insert Federal Register
                                                                     ides.                                                                                citation]. 9/20/2018.

                                                      *                        *                       *                           *                        *                   *               *
                                             Section 09 .........   Incorporation by reference ..................          2/5/2018     10/22/2018     [Insert Federal Register
                                                                                                                                                          citation]. 9/20/2018.

                                                        *                        *                        *                        *                       *                         *          *

                                                                                                              Chapter 06. Permitting Requirements


                                                      *                       *                       *                         *                           *                   *               *
                                             Section 04 .........   Prevention of significant deterioration           12/20/2016        10/22/2018     [Insert Federal Register
                                                                                                                                                          citation]. September 20,
                                                                                                                                                          2018.

                                                      *                        *                       *                           *                        *                   *               *
                                             Section 14 .........   Incorporation by reference ..................          2/5/2018     10/22/2018     [Insert Federal Register
                                                                                                                                                          citation]. September 20,
                                                                                                                                                          2018.

                                                        *                        *                        *                        *                       *                         *          *

                                                                                                       Chapter 08. Non-attainment Area Regulations


                                                      *                         *                  *                               *                        *                   *               *
                                             Section 03 .........   Conformity of general federal actions                  2/5/2018     10/22/2018     [Insert Federal Register
                                                                      to state implementation plans.                                                      citation]. September 20,
                                                                                                                                                          2018.

                                                      *                        *                       *                           *                        *                   *               *
                                             Section 10 .........   Incorporation by reference ..................          2/5/2018     10/22/2018     [Insert Federal Register
                                                                                                                                                          citation]. September 20,
                                                                                                                                                          2018.

                                                        *                        *                        *                        *                       *                         *          *



                                             *      *       *       *      *                            infrastructure monitoring requirements                   available through http://
                                             [FR Doc. 2018–20447 Filed 9–19–18; 8:45 am]                of the Clean Air Act (Act or CAA) for                    www.regulations.gov, or please contact
                                             BILLING CODE 6560–50–P                                     the National Ambient Air Quality                         the person identified in the FOR FURTHER
                                                                                                        Standards (NAAQS) promulgated for                        INFORMATION CONTACT section for
                                                                                                        lead (Pb) on October 15, 2008, nitrogen                  additional availability information.
                                             ENVIRONMENTAL PROTECTION                                   dioxide (NO2) on January 22, 2010,                       FOR FURTHER INFORMATION CONTACT: Kate
                                             AGENCY                                                     sulfur dioxide (SO2) on June 2, 2010,                    Gregory, Air Program, U.S.
                                                                                                        and fine particulate matter (PM2.5) on                   Environmental Protection Agency
                                             40 CFR Part 52                                             December 14, 2012. The EPA is taking                     (EPA), Region 8, Mail Code 8P–AR,
                                             [EPA–R08–OAR–2018–0388–0001; FRL–                          this action pursuant to section 110 of                   1595 Wynkoop Street, Denver, Colorado
                                             9983–73—Region 8]                                          the Clean Air Act (CAA).                                 80202–1129, (303) 312–6175,
                                                                                                        DATES: This rule is effective on October                 gregory.kate@epa.gov.
                                             Air Quality State Implementation                           22, 2018.                                                SUPPLEMENTARY INFORMATION:
                                             Plans; Approvals and Promulgations:
                                                                                                        ADDRESSES: The EPA has established a                     Throughout this document ‘‘we,’’ ‘‘us,’’
                                             Infrastructure Monitoring
                                                                                                        docket for this action under Docket ID                   and ‘‘our’’ means the EPA.
                                             Requirements for the 2008 Pb, 2010
                                                                                                        No. EPA–R08–OAR–2018–0388–0001.
                                             SO2, 2010 NO2 and 2012 PM2.5 National                                                                               I. Background
                                                                                                        All documents in the docket are listed
                                             Ambient Air Quality Standards; Utah
                                                                                                        on the http://www.regulations.gov                          The background for this action is
                                             AGENCY:  Environmental Protection                          website. Although listed in the index,                   discussed in detail in our July 23, 2018
                                             Agency (EPA).                                              some information is not publicly                         proposal (83 FR 34816). In that
                                                                                                        available, e.g., CBI or other information                document we proposed to approve the
tkelley on DSKBCP9HB2PROD with RULES2




                                             ACTION: Final rule.
                                                                                                        whose disclosure is restricted by statute.               State’s submittal in reference to
                                             SUMMARY:   The Environmental Protection                    Certain other material, such as                          infrastructure requirements for CAA
                                             Agency (EPA) is approving elements of                      copyrighted material, is not placed on                   section 110(a)(2)(B), element B: Ambient
                                             State Implementation Plan (SIP)                            the internet and will be publicly                        air quality monitoring/data system. In
                                             revisions from the State of Utah to                        available only in hard copy form.                        the proposal, we find that Utah’s SIP
                                             demonstrate the State meets                                Publicly available docket materials are                  and practices are adequate for the


                                        VerDate Sep<11>2014     16:15 Sep 19, 2018   Jkt 244001    PO 00000    Frm 00020   Fmt 4700    Sfmt 4700   E:\FR\FM\20SER1.SGM   20SER1



Document Created: 2018-09-20 02:08:11
Document Modified: 2018-09-20 02:08:11
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 final rule is effective on October 22, 2018.
ContactChris Dresser, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385, [email protected]
FR Citation83 FR 47564 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR