SUPPLEMENTARY INFORMATION:

Throughout this document “we,” “us,” and “our” means the EPA.

I. Background

WDEQ reviewed its regulations and concluded that rule revisions were needed to modify the wording of selected text to correct typographical errors and reflect new formatting guidelines. WDEQ adopted these various minor revisions and updated their rules on April 30, 2024, and then requested that the EPA approve these revisions into the Wyoming SIP in a submittal dated December 16, 2024.

II. The EPA's Evaluation

WDEQ has requested that the EPA approve revised rules under Chapter 2, 3, 4, 8, and 14 of the WAQSR. These revisions adopt minor changes in rule language to meet updated state style and formatting guidelines. These revisions also include Incorporation by Reference (IBR) material in Wyoming's SIP. IBR allows state agencies to comply with the requirement to adopt certain Federal rules by referring to materials already published in the CFR. In this SIP revision, Wyoming is incorporating by reference 40 CFR parts 50, 51, 53, 60, 81, and 93 as published on July 1, 2023. No terms or definitions were added or removed from the revised sections. Since the revisions are minor in nature, do not make this rule less stringent, and do not affect the scope or intent of the rules, the EPA finds that the revisions to these chapters are approvable.

With regard to the approval of WAQSR Chapter 02, Section 04, “Ambient Standards for Sulfur Oxides,” we note that the December 16, 2024 submittal supersedes the revisions to this section contained in WDEQ's February 10, 2014 SIP submittal that the EPA had not previously acted on.^[1]

III. Final Action

The EPA is approving the December 16, 2024, submission by WDEQ as a revision to the Wyoming SIP. Specifically, the EPA is approving updates to WAQSR Chapters 2, 3, 4, 8, and 14 as detailed in table 1 below.

We are publishing this action without a prior proposed rule because we view these SIP revisions as noncontroversial and anticipate no relevant adverse comment. The revisions are administrative in nature and do not constitute substantive changes to Wyoming's SIP. However, in the “Proposed Rules” section of this Federal Register publication, we are publishing a separate action to approve the revisions to Wyoming's SIP submitted by the WDEQ on December 16, 2024 if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document.

If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule, or the relevant provisions of this rule, will not take effect. We would address all public comments in any subsequent final rule based on the proposed rule. If we receive adverse comment on a distinct provision of this rulemaking, we will publish a timely withdrawal in the ( printed page 43916) Federal Register indicating which provisions we are withdrawing. The provisions that are not withdrawn will become effective on the date set out above, notwithstanding adverse comment on any other provision.

IV. Incorporation by Reference

In this document, the EPA is finalizing regulatory text that includes IBR. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the IBR of WAQSR as described in section III. of this preamble and as set forth below in the amendments set forth to 40 CFR part 52. The EPA has made, and will continue to make, these materials generally available through https://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 IBR 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 IBR in the next update to the SIP compilation.^[2]

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 CAA 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 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 underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• Is not subject toExecutive Order 14192 (90 FR 9065, February 6, 2025) because SIP actions are exempt from review 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.); ( printed page 43917)
• 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not subject toExecutive Order 13045 (62 FR 19885, April 23, 1997) because it approves a state program;
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001); and
• 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.

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).

This action is subject to the Congressional Review Act (CRA), and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. 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 10, 2025. 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 section 307(b)(2)).

For the reasons stated in the preamble, the Environmental Protection Agency is amending title 40 CFR part 52 as follows:

90 FR 43915