Disapproval, Approval and Promulgation of Air Quality Implementation Plan Revisions; Infrastructure Requirements for the 1997 and 2006 PM2.5, 73445-73449 [2013-28949]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations
*
*
*
*
*
[FR Doc. 2013–28956 Filed 12–5–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2011–0728, FRL–9903–58–
Region 8]
Disapproval, Approval and
Promulgation of Air Quality
Implementation Plan Revisions;
Infrastructure Requirements for the
1997 and 2006 PM2.5 National Ambient
Air Quality Standards; Prevention of
Significant Deterioration; Wyoming
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is partially approving
and partially disapproving the State
Implementation Plan (SIP) submissions
from the State of Wyoming to
demonstrate that the SIP meets the
infrastructure requirements of the Clean
Air Act (CAA) for the National Ambient
Air Quality Standards (NAAQS)
promulgated for fine particulate matter
(PM2.5) on July 18, 1997 and on October
17, 2006. The CAA requires that each
state, after a new or revised NAAQS is
promulgated, review their SIPs to
ensure that they meet infrastructure
requirements. The State of Wyoming
provided infrastructure submissions for
the 1997 and 2006 PM2.5 NAAQS on
March 26, 2008 and August 19, 2011,
respectively. EPA is also approving
revisions to Wyoming’s Prevention of
Significant Deterioration (PSD) program
that incorporate necessary provisions
from EPA’s 2010 PM2.5 Increment Rule.
DATES: This final rule is effective
January 6, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–0728. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
maindgalligan on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:51 Dec 05, 2013
Jkt 232001
80202–1129. 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:
Kathy Ayala, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6142,
ayala.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The initials CBI mean or refer to
confidential business information.
(iii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iv) The initials NAAQS mean or refer
to national ambient air quality
standards.
(v) The initials NSR mean or refer to
new source review.
(vi) The initials PM mean or refer to
particulate matter.
(vii) The initials PM 2.5 mean or refer
to particulate matter with an
aerodynamic diameter of less than 2.5
micrometers (fine particulate matter).
(viii) The initials PSD mean or refer
to Prevention of Significant
Deterioration.
(ix) The initials SIP mean or refer to
State Implementation Plan.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review
I. Background
Infrastructure requirements for SIPs
are provided in sections 110(a)(l) and (2)
of the CAA. Section 110(a)(2) lists the
specific infrastructure elements that a
SIP must contain or satisfy. The
elements that are the subject of this
action are described in detail in our
notice of proposed rulemaking (NPR),
published on September 6, 2013 (78 FR
54828).
In the NPR, EPA proposed to approve
Wyoming’s March 26, 2008 and August
19, 2011 submissions for the following
infrastructure elements for the 1997 and
2006 PM2.5 NAAQS: (A), (B), (C) with
respect to minor New Source Review
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
73445
(NSR) and PSD requirements, (D)(ii),
(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L),
and (M). We also proposed to approve
revisions to the Wyoming Air Quality
Standards and Regulations (WAQSR),
Chapter 6, Section 4, as submitted on
May 24, 2012, which incorporate the
requirements of the 2010 PM2.5
Increment Rule; specifically, revisions
to: Chapter 6, Section 4 (a) Definitions
of ‘‘Baseline area,’’ ‘‘Major source
baseline date,’’ and ‘‘Minor source
baseline date’’; Chapter 6, Section
4(b)(i)(A)(I) Table 1; Chapter 6, Section
4(b)(viii); and Section 14. The reasons
for our approval are provided in detail
in the NPR. We have also separately
completed our proposed action of June
24, 2013, 78 FR 37752, approving
Wyoming’s March 8, 2013 submittal to
regulate greenhouse gases under
Wyoming’s PSD program and
concurrently rescinding our
corresponding federal implementation
plan. With these updates to the State’s
approved PSD program, Wyoming’s
infrastructure submissions for the 1997
and 2006 PM2.5 NAAQS are approvable
with respect to the PSD requirements in
infrastructure elements (C) and (J).
For reasons explained in the NPR,
EPA proposed to disapprove Wyoming’s
March 26, 2008 and August 19, 2011
submittals for the section 110(a)(2)(E)(ii)
infrastructure element, related to CAA
section 128, State Boards, for the 1997
and 2006 PM2.5 NAAQS. EPA is taking
no action at this time on infrastructure
element (D)(i), which concerns
interstate transport of pollutants, for the
2006 PM2.5 NAAQS.
II. Response to Comments
We received one set of comments
from the Wyoming Department of
Environmental Quality (DEQ). DEQ
supported our proposed approval of
Wyoming’s infrastructure submissions
for the 1997 and 2006 PM2.5 NAAQS for
elements (A), (B), (C) with respect to
minor NSR and PSD requirements,
(D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K),
(L), and (M). However, DEQ took issue
with certain aspects of our action.
Comment: DEQ states that EPA, in our
proposal notice, summarized, and in
some cases incorrectly stated, the
references within the infrastructure SIP
submittals to various regulatory and
non-regulatory provisions. DEQ asked
that EPA ‘‘correct the citations’’ in the
summaries ‘‘to ensure accuracy and
maintain consistency’’ between EPA’s
notices and Wyoming’s submittals.
Response: EPA disagrees with certain
portions of this comment. In our
proposal notice, the summaries of the
state’s submittals were merely meant to
be descriptive in general terms. For the
E:\FR\FM\06DER1.SGM
06DER1
maindgalligan on DSK5TPTVN1PROD with RULES
73446
Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations
most part, these summaries accurately
stated that the infrastructure SIP
submittals cited provisions ‘‘included’’
in various chapters of the WAQSR. By
this, we meant the submittals had cited
certain provisions included within the
chapters; we did not mean that the
submittals cited the entire chapter. The
summaries did not identify any
particular provisions with those
Chapters as legally relevant. Instead, our
separate analysis for each element
explained which provisions were
relevant in meeting requirements of
specific elements. EPA notes that the
infrastructure SIP submittals (which are
included in the docket for this
rulemaking) speak for themselves and
EPA does not need to reproduce them
verbatim (or the exact citations within
them).
EPA does agree that, in a few
instances, DEQ correctly notes that EPA
erred in its summary. For element (B),
DEQ is correct that the submittals did
not cite any provisions within Chapter
1 of the WAQSR. For element (F), the
proposal notice omitted a comma,
making it appear that the submittals
cited 1979 versions of certain provisions
in Chapters 6 and 7, instead of the
current versions. For element (H),
although EPA did not include in our
summary all the provisions cited in the
submittals, EPA did reference the cited
provisions in our analysis. For the
public notification requirements in
element (J), DEQ is correct that the
submittals described a document as
‘‘non-regulatory.’’ For element (K), EPA
agrees that DEQ’s description of the
submittal is correct. None of these
minor corrections to our summaries in
any way changes or modifies EPA’s
analysis of how the submittals for the
1997 and 2006 PM2.5 NAAQS
substantively met infrastructure
requirements. As a result, these minor
corrections do not change our proposed
action on the submittals.
Comment: DEQ requested that EPA
add approval language specifically
citing elements (E)(i) and (E)(iii) in our
final rule.
Response: EPA has examined the
proposal to be sure that we adequately
addressed these elements in our
proposal. Although we did not
specifically cite elements (E)(i) and
(E)(iii) in our paragraph analyzing
Wyoming’s submittal, the paragraph
introducing our description and
analysis of Wyoming’s submittal cited
(and in fact quoted) those two elements.
In context, the introductory paragraph
makes clear that the description and
analysis address elements (E)(i) and
(E)(iii). Furthermore, in section VI of our
proposal notice, we specifically stated
VerDate Mar<15>2010
16:51 Dec 05, 2013
Jkt 232001
that we proposed to approve the
infrastructure SIP submittals for the
1997 and 2006 PM2.5 NAAQS for
(among others) elements (E)(i) and
(E)(iii). Finally, to ensure that our
approval of these elements is clear, the
notice for this final action specifically
states that we are approving the
submittals for (among others) elements
(E)(i) and (E)(iii).
Comment: DEQ requested that EPA
remove our discussion of the State’s
minor NSR program from the final
approval of the infrastructure SIP
submissions. DEQ stated that the minor
NSR program in WAQSR Chapter 6,
Section 2 is an approved program and
is not at issue in an infrastructure SIP
action. DEQ stated that the reference to
WAQSR Chapter 6, Section 2 is outside
the scope of EPA’s action on the
submissions.
Response: EPA disagrees with this
comment. First, we note that DEQ, in
both of its infrastructure submissions,
specifically cited WAQSR Chapter 6,
Section 2 as part of how the Wyoming
SIP addresses infrastructure element (C).
It is appropriate for EPA, in acting on an
infrastructure SIP submission, to assess
the State’s own description of how the
State’s SIP meets infrastructure
requirements, and as we next explain, it
was appropriate for the State in
addressing element (C) to cite the minor
NSR program.
Second, in this action on Wyoming’s
infrastructure submittals for the 1997
and 2006 PM2.5 NAAQS, EPA
appropriately assessed whether
Wyoming’s approved minor NSR
program addressed regulation of PM2.5
for sources subject to the program.
EPA’s position is that an infrastructure
SIP submittal should demonstrate that
the state has a minor NSR program to
regulate the construction of new or
modified stationary sources that can
address the new or revised NAAQS that
triggered the State’s obligation to submit
an infrastructure SIP. This position
follows from the language of sections
110(a)(1) and (a)(2).
Section 110(a)(1) of the Act requires
states, within three years of EPA’s
promulgation of a new or revised
NAAQS, to submit ‘‘a plan which
provides for implementation,
maintenance, and enforcement’’ of the
standards. This plan, which EPA refers
to as an ‘‘infrastructure SIP,’’ must at a
minimum satisfy the applicable
requirements set out in the elements in
section 110(a)(2) of the Act.
In particular, element 110(a)(2)(C)
requires, among other things, that SIPs
include ‘‘regulation of the modification
and construction of any stationary
source within the areas covered by the
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
plan as necessary to assure that [the
NAAQS] are achieved.’’ The program for
regulation of modification of stationary
sources is known as ‘‘minor NSR,’’ and
the requirements for minor NSR
programs are contained in Subpart I of
Part 51 in Title 40 of the Code of Federal
Regulations (CFR). Given the language
of element 110(a)(2)(C), it is necessary to
conclude that an infrastructure SIP
submittal must address the triggering
new or revised NAAQS.
Comment: DEQ noted that EPA had
not acted on Wyoming’s May 11, 2011
submittal, which (among other things)
added Section 13 to Chapter 6 of the
WAQSR. DEQ stated it was concerned
about ‘‘future inconsistency in the GHG
PSD permitting regulations.’’ DEQ also
stated, ‘‘The State of Wyoming will
experience additional harm if a
construction ban goes into effect on
January 20, 2014 without EPA approval
of the May 11, 2011 SIP.’’
Response: EPA disagrees with the
concerns expressed by DEQ. First, EPA
has already approved the portion of the
May 11, 2011 submittal that revised the
State’s PSD program. See 76 FR 44265
(July 25, 2011). The remaining portion
of the May 11, 2011 submittal added
two new sections to Wyoming’s
permitting rules. Section 13, entitled
‘‘Nonattainment permit requirements,’’
incorporates by reference federal rules
at 40 CFR 51.165. Section 14, entitled
‘‘Incorporation by reference,’’
establishes the date of incorporation by
reference of federal rules and provides
information on how the public can
inspect or obtain copies of the Code of
Federal Regulations. In this action, we
are approving a subsequent revision of
Section 14 that supersedes the version
of Section 14 in the May 11, 2011
submittal. Thus, the only remaining
portion of the May 11, 2011 submittal
that remains to be acted upon is the
addition of Section 13, which addresses
nonattainment NSR requirements.
First, DEQ has not identified how
nonattainment NSR requirements are
relevant to EPA’s action on an
infrastructure SIP submittal. As stated
in our proposal notice (and not disputed
by DEQ), nonattainment area plan
requirements under part D of title I of
the Act, including the requirement in
110(a)(2)(C) for a permit program as
required by part D of title I (i.e.,
nonattainment NSR), are not governed
by the three year submission deadline in
section 110(a)(1). Instead,
nonattainment NSR requirements are
due at the same time as other
nonattainment area plan requirements
are due under the Act. As a result,
nonattainment NSR requirements are
outside the scope of this action on
E:\FR\FM\06DER1.SGM
06DER1
maindgalligan on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations
Wyoming’s infrastructure SIP
submittals.
Second, it does not appear that our
action on Wyoming’s infrastructure SIP
submittals and on Wyoming’s adoption
of the PM2.5 increments could result in
an inconsistency in GHG PSD
permitting. We have separately
completed our proposed approval of
Wyoming’s March 8, 2013 GHG PSD
submittal. With respect to Section 13 of
Chapter 6, DEQ did not identify any
specific dependency between it and the
March 8, 2013 GHG PSD submittal or
the May 24, 2012 PM2.5 increment
submittal that would cause any future
inconsistency in GHG permitting. In
addition, the March 8, 2013 GHG PSD
submittal did not include Section 13, so
it appears to EPA that the two are
independent.
Third, DEQ has not identified any
reason why EPA’s inaction on the
Section 13 portion of the May 11, 2011
submittal would cause a construction
ban to take effect on January 20, 2014.
We note that, on May 21, 2012, EPA
designated the Upper Green River Basin
Area in Wyoming as marginal
nonattainment for the 2008 ozone
standard, effective July 20, 2012. See 77
FR 30517–30518. Although DEQ does
not explain how it derived its January
20, 2014 date, that date is 18 months
after the effective date of the designation
of the Upper Green River Basin Area.
Under 40 CFR 52.24(k), after
designation of a nonattainment area and
prior to EPA’s approval of a
nonattainment NSR program that meets
the requirements of part D of title I of
the CAA, the Emission Offset
Interpretative Ruling, 40 CFR part 51,
appendix S governs permits to
construct. As stated in EPA’s June 6,
2013 proposed rule for implementation
of the 2008 ozone standards, 78 FR
34200–201, in EPA’s 2005 promulgation
of the phase 2 implementation rule for
the 1997 ozone NAAQS, ‘‘the EPA
revised section 52.24(k) to eliminate
language stating that if a nonattainment
area did not have an approved
nonattainment NSR program within 18
months after designation, a construction
ban would apply.’’ The June 6, 2013
proposal explains that the DC Circuit
Court of Appeal’s decision in NRDC v.
EPA, 571 F.3d 1245 (D.C. Cir. 2009) left
this revision of § 52.24(k) undisturbed,
except with respect to the availability of
waivers under section VI of Appendix S
after the 18-month period has expired.
Thus, DEQ’s concerns about a
construction ban are unnecessary, as
Appendix S to 40 CFR part 51 (with the
exception of waivers under section VI of
Appendix S after January 20, 2014)
governs construction permits within the
VerDate Mar<15>2010
16:51 Dec 05, 2013
Jkt 232001
Upper Green River Basin Area until EPA
approves a SIP revision containing a
nonattainment NSR program that meets
the requirements of part D of title I of
the Act, specifically requirements
contained in 40 CFR 51.165.
III. Final Action
EPA is approving Wyoming’s March
26, 2008 and August 19, 2011 submittals
for the following infrastructure elements
for the 1997 and 2006 PM2.5 NAAQS:
(A), (B), (C) with respect to minor NSR
and PSD requirements, (D)(ii), (E)(i),
(E)(iii), (F), (G), (H), (J), (K), (L), and (M).
EPA is also approving revisions to
WAQSR Chapter 6, Section 4, as
submitted on May 24, 2012, which
incorporate the requirements of the
2010 PM2.5 Increment Rule; specifically,
revisions to: Chapter 6, Section 4(a)
Definitions of ‘‘Baseline area’’, ‘‘Major
source baseline date’’, and ‘‘Minor
source baseline date’’; Chapter 6,
Section 4(b)(i)(A)(I) Table 1, Chapter 6,
Section 4(b)(viii), and Section 14.
EPA is disapproving Wyoming’s
March 26, 2008 and August 19, 2011
submittals for the section 110(a)(2)(E)(ii)
infrastructure element, related to CAA
section 128, State Boards, for the 1997
and 2006 PM2.5 NAAQS. Finally, EPA is
taking no action on infrastructure
element (D)(i) for the 2006 PM2.5
NAAQS.
IV. Statutory and Executive Orders
Review
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves some state law as meeting
Federal requirements and disapproves
other state law as not meeting Federal
requirements; it does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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.);
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
73447
• 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 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because Wyoming’s
SIP does not apply in Indian country,
and EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
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. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 4, 2014.
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,
E:\FR\FM\06DER1.SGM
06DER1
73448
Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations
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).)
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, Sulfur oxides, Volatile
organic compounds.
State citation
Dated: November 15, 2013.
Judith Wong,
Acting Regional Administrator, Region 8.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
*
§ 52.2620
Authority: 42 U.S.C. 7401 et seq.
*
Subpart ZZ—Wyoming
2. Section 52.2620 is amended by:
Title/subject
*
■
40 CFR part 52 is amended as follows:
■
*
State adopted
and effective
date
*
a. The table in paragraph (c)(1):
i Under Chapter 6, revise the entry for
Section 4.
■ ii. Under Chapter 6, add the entry for
Section 14.
■ b. The table in paragraph (e), add the
entries XXI and XXII at the end of the
table.
The amendments read as follows:
■
Identification of plan.
*
*
(c) * * *
(1) * * *
*
EPA
approval
date and
citation 1
*
Explanations
*
*
*
*
*
*
*
Chapter 6
*
*
*
Section 4 ................................. Prevention of significant deterioration.
*
1/13/2012,
3/28/2012
Section 14 ...............................
1/13/2012,
3/28/2012
*
Incorporation by reference .....
*
*
*
*
12/6/13 [insert Federal Register page number where
document begins].
12/6/13 [insert Federal Register page number where
document begins].
*
1 In
order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision.
*
*
*
*
*
Name of nonregulatory SIP
provision
(e) * * *
Applicable geographic or
non-attainment area
*
*
*
XXI. Section 110(a)(2) InfraStatewide ...............................
structure Requirements for
the 1997 PM 2.5 NAAQS.
XXII. Section 110(a)(2) InfraStatewide ...............................
structure Requirements for
the 2006 PM2.5 NAAQS.
State submittal
date/adopted
date
*
3/26/2008
8/19/2011
EPA approval date and
citation3
*
12/6/13 [insert Federal Register page number where
document begins].
12/6/13 [insert Federal Register page number where
document begins].
Explanations
*
*
Element (E)(ii) is disapproved.
Element (E)(ii) is disapproved.
maindgalligan on DSK5TPTVN1PROD with RULES
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
VerDate Mar<15>2010
16:51 Dec 05, 2013
Jkt 232001
PO 00000
Frm 00070
Fmt 4700
Sfmt 9990
E:\FR\FM\06DER1.SGM
06DER1
73449
Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations
*
*
*
*
ADDRESSES:
*
[FR Doc. 2013–28949 Filed 12–5–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2003–0010; FRL–9903–
47–Region–7]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Omaha Lead Superfund
Site
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 7 announces the
deletion of 1,154 residential parcel(s)
identified June 4, 2013 Federal Register
(FR) Notice of Intent to Partially Delete
(NOIPD) of the Omaha Lead Superfund
Site (Site) located in Omaha, Nebraska
from the National Priorities List (NPL).
The NPL, promulgated pursuant to
section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This partial
deletion pertains to the soil of 1,154
residential parcels identified in the June
4, 2013 FR NOIPD. The remaining
residential parcels with soil lead levels
at or above 400 parts per million (ppm)
will remain on the NPL and are not
being considered for deletion as part of
this action. The EPA and the State of
Nebraska, through the Nebraska
Department of Environmental Quality,
have determined that all appropriate
response actions under CERCLA have
been completed. However, the deletion
of these parcels does not preclude future
actions under Superfund.
DATES: This action is effective December
6, 2013.
SUMMARY:
EPA has established a
docket for this action under Docket
Identification No. EPA–HQ–SFUND–
2003–0010. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the site information repositories.
Locations, contacts, phone numbers and
viewing hours are:
accessed through the https://
www.regulations.gov Web site.
The closing date for comments on the
Notice of Intent for Partial Deletion was
July 5, 2013. No public comments were
received. EPA still believes the partial
deletion action is appropriate.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion of a site from the
NPL does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of portions of
a site from the NPL does not affect
responsible party liability, in the
unlikely event that future conditions
warrant further actions.
EPA Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219, open from 8
a.m. to 4 p.m.
EPA Public Information Center (north)
3040 Lake Street, Omaha, NE 68111,
open from 8 a.m. to 4 p.m. Call (402)
991–9583 to ensure that staff are
available; EPA Public Information
Center (south) 4909 S. 25th Street,
Omaha, NE 68107, open from 8 a.m.
to 4 p.m. Call (402) 731–3045 to
ensure that staff are available; W. Dale
Clark Library, 215 S. 15th Street,
Omaha, NE 68102.
List of Subjects in 40 CFR Part 300
FOR FURTHER INFORMATION CONTACT:
Pauletta France-Isetts, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 7, 8400 Underground
Drive, Pillar 253, Kansas City, Missouri
64161, (913) 551–7701, email:
france-isetts.pauletta@epa.gov.
The
portion of the site to be deleted from the
NPL is: 1,154 residential parcels located
within the Final Focus Area of the
Omaha Lead Site, Omaha, Nebraska. A
Notice of Intent for Partial Deletion for
this Site was published in the Federal
Register on June 4, 2013. Parcel
addresses are included as part of docket
EPA–HQ–1990–0010, which can be
SUPPLEMENTARY INFORMATION:
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: October 28, 2013.
Karl Brooks,
Regional Administrator, Region 7.
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
PART 300— NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR
1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
3 CFR 1987 Comp., p. 193.
2. Table 1 of Appendix B to part 300
is amended by revising the entry under
Omaha Lead Site, Omaha, Nebraska to
read as follows:
■
Appendix B to Part 300—National
Priorities List
TABLE 1—GENERAL SUPERFUND SECTION
maindgalligan on DSK5TPTVN1PROD with RULES
State
Site name
*
*
NE ..............................................................
*
*
Omaha Lead .............................................
*
*
Omaha/Douglas ........................................
Notes a
City/County
*
*
*
*
*
*
a*
* *
P = Sites with partial deletion(s).
VerDate Mar<15>2010
16:51 Dec 05, 2013
Jkt 232001
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
E:\FR\FM\06DER1.SGM
06DER1
*
P
*
]]>Agencies
[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Rules and Regulations]
[Pages 73445-73449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28949]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2011-0728, FRL-9903-58-Region 8]
Disapproval, Approval and Promulgation of Air Quality
Implementation Plan Revisions; Infrastructure Requirements for the 1997
and 2006 PM2.5 National Ambient Air Quality Standards;
Prevention of Significant Deterioration; Wyoming
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is partially approving and partially disapproving the
State Implementation Plan (SIP) submissions from the State of Wyoming
to demonstrate that the SIP meets the infrastructure requirements of
the Clean Air Act (CAA) for the National Ambient Air Quality Standards
(NAAQS) promulgated for fine particulate matter (PM2.5) on
July 18, 1997 and on October 17, 2006. The CAA requires that each
state, after a new or revised NAAQS is promulgated, review their SIPs
to ensure that they meet infrastructure requirements. The State of
Wyoming provided infrastructure submissions for the 1997 and 2006
PM2.5 NAAQS on March 26, 2008 and August 19, 2011,
respectively. EPA is also approving revisions to Wyoming's Prevention
of Significant Deterioration (PSD) program that incorporate necessary
provisions from EPA's 2010 PM2.5 Increment Rule.
DATES: This final rule is effective January 6, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2011-0728. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. 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: Kathy Ayala, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6142,
ayala.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The initials CBI mean or refer to confidential business
information.
(iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iv) The initials NAAQS mean or refer to national ambient air
quality standards.
(v) The initials NSR mean or refer to new source review.
(vi) The initials PM mean or refer to particulate matter.
(vii) The initials PM 2.5 mean or refer to particulate
matter with an aerodynamic diameter of less than 2.5 micrometers (fine
particulate matter).
(viii) The initials PSD mean or refer to Prevention of Significant
Deterioration.
(ix) The initials SIP mean or refer to State Implementation Plan.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review
I. Background
Infrastructure requirements for SIPs are provided in sections
110(a)(l) and (2) of the CAA. Section 110(a)(2) lists the specific
infrastructure elements that a SIP must contain or satisfy. The
elements that are the subject of this action are described in detail in
our notice of proposed rulemaking (NPR), published on September 6, 2013
(78 FR 54828).
In the NPR, EPA proposed to approve Wyoming's March 26, 2008 and
August 19, 2011 submissions for the following infrastructure elements
for the 1997 and 2006 PM2.5 NAAQS: (A), (B), (C) with
respect to minor New Source Review (NSR) and PSD requirements, (D)(ii),
(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M). We also
proposed to approve revisions to the Wyoming Air Quality Standards and
Regulations (WAQSR), Chapter 6, Section 4, as submitted on May 24,
2012, which incorporate the requirements of the 2010 PM2.5
Increment Rule; specifically, revisions to: Chapter 6, Section 4 (a)
Definitions of ``Baseline area,'' ``Major source baseline date,'' and
``Minor source baseline date''; Chapter 6, Section 4(b)(i)(A)(I) Table
1; Chapter 6, Section 4(b)(viii); and Section 14. The reasons for our
approval are provided in detail in the NPR. We have also separately
completed our proposed action of June 24, 2013, 78 FR 37752, approving
Wyoming's March 8, 2013 submittal to regulate greenhouse gases under
Wyoming's PSD program and concurrently rescinding our corresponding
federal implementation plan. With these updates to the State's approved
PSD program, Wyoming's infrastructure submissions for the 1997 and 2006
PM2.5 NAAQS are approvable with respect to the PSD
requirements in infrastructure elements (C) and (J).
For reasons explained in the NPR, EPA proposed to disapprove
Wyoming's March 26, 2008 and August 19, 2011 submittals for the section
110(a)(2)(E)(ii) infrastructure element, related to CAA section 128,
State Boards, for the 1997 and 2006 PM2.5 NAAQS. EPA is
taking no action at this time on infrastructure element (D)(i), which
concerns interstate transport of pollutants, for the 2006
PM2.5 NAAQS.
II. Response to Comments
We received one set of comments from the Wyoming Department of
Environmental Quality (DEQ). DEQ supported our proposed approval of
Wyoming's infrastructure submissions for the 1997 and 2006
PM2.5 NAAQS for elements (A), (B), (C) with respect to minor
NSR and PSD requirements, (D)(ii), (E)(i), (E)(iii), (F), (G), (H),
(J), (K), (L), and (M). However, DEQ took issue with certain aspects of
our action.
Comment: DEQ states that EPA, in our proposal notice, summarized,
and in some cases incorrectly stated, the references within the
infrastructure SIP submittals to various regulatory and non-regulatory
provisions. DEQ asked that EPA ``correct the citations'' in the
summaries ``to ensure accuracy and maintain consistency'' between EPA's
notices and Wyoming's submittals.
Response: EPA disagrees with certain portions of this comment. In
our proposal notice, the summaries of the state's submittals were
merely meant to be descriptive in general terms. For the
[[Page 73446]]
most part, these summaries accurately stated that the infrastructure
SIP submittals cited provisions ``included'' in various chapters of the
WAQSR. By this, we meant the submittals had cited certain provisions
included within the chapters; we did not mean that the submittals cited
the entire chapter. The summaries did not identify any particular
provisions with those Chapters as legally relevant. Instead, our
separate analysis for each element explained which provisions were
relevant in meeting requirements of specific elements. EPA notes that
the infrastructure SIP submittals (which are included in the docket for
this rulemaking) speak for themselves and EPA does not need to
reproduce them verbatim (or the exact citations within them).
EPA does agree that, in a few instances, DEQ correctly notes that
EPA erred in its summary. For element (B), DEQ is correct that the
submittals did not cite any provisions within Chapter 1 of the WAQSR.
For element (F), the proposal notice omitted a comma, making it appear
that the submittals cited 1979 versions of certain provisions in
Chapters 6 and 7, instead of the current versions. For element (H),
although EPA did not include in our summary all the provisions cited in
the submittals, EPA did reference the cited provisions in our analysis.
For the public notification requirements in element (J), DEQ is correct
that the submittals described a document as ``non-regulatory.'' For
element (K), EPA agrees that DEQ's description of the submittal is
correct. None of these minor corrections to our summaries in any way
changes or modifies EPA's analysis of how the submittals for the 1997
and 2006 PM2.5 NAAQS substantively met infrastructure
requirements. As a result, these minor corrections do not change our
proposed action on the submittals.
Comment: DEQ requested that EPA add approval language specifically
citing elements (E)(i) and (E)(iii) in our final rule.
Response: EPA has examined the proposal to be sure that we
adequately addressed these elements in our proposal. Although we did
not specifically cite elements (E)(i) and (E)(iii) in our paragraph
analyzing Wyoming's submittal, the paragraph introducing our
description and analysis of Wyoming's submittal cited (and in fact
quoted) those two elements. In context, the introductory paragraph
makes clear that the description and analysis address elements (E)(i)
and (E)(iii). Furthermore, in section VI of our proposal notice, we
specifically stated that we proposed to approve the infrastructure SIP
submittals for the 1997 and 2006 PM2.5 NAAQS for (among
others) elements (E)(i) and (E)(iii). Finally, to ensure that our
approval of these elements is clear, the notice for this final action
specifically states that we are approving the submittals for (among
others) elements (E)(i) and (E)(iii).
Comment: DEQ requested that EPA remove our discussion of the
State's minor NSR program from the final approval of the infrastructure
SIP submissions. DEQ stated that the minor NSR program in WAQSR Chapter
6, Section 2 is an approved program and is not at issue in an
infrastructure SIP action. DEQ stated that the reference to WAQSR
Chapter 6, Section 2 is outside the scope of EPA's action on the
submissions.
Response: EPA disagrees with this comment. First, we note that DEQ,
in both of its infrastructure submissions, specifically cited WAQSR
Chapter 6, Section 2 as part of how the Wyoming SIP addresses
infrastructure element (C). It is appropriate for EPA, in acting on an
infrastructure SIP submission, to assess the State's own description of
how the State's SIP meets infrastructure requirements, and as we next
explain, it was appropriate for the State in addressing element (C) to
cite the minor NSR program.
Second, in this action on Wyoming's infrastructure submittals for
the 1997 and 2006 PM2.5 NAAQS, EPA appropriately assessed
whether Wyoming's approved minor NSR program addressed regulation of
PM2.5 for sources subject to the program. EPA's position is
that an infrastructure SIP submittal should demonstrate that the state
has a minor NSR program to regulate the construction of new or modified
stationary sources that can address the new or revised NAAQS that
triggered the State's obligation to submit an infrastructure SIP. This
position follows from the language of sections 110(a)(1) and (a)(2).
Section 110(a)(1) of the Act requires states, within three years of
EPA's promulgation of a new or revised NAAQS, to submit ``a plan which
provides for implementation, maintenance, and enforcement'' of the
standards. This plan, which EPA refers to as an ``infrastructure SIP,''
must at a minimum satisfy the applicable requirements set out in the
elements in section 110(a)(2) of the Act.
In particular, element 110(a)(2)(C) requires, among other things,
that SIPs include ``regulation of the modification and construction of
any stationary source within the areas covered by the plan as necessary
to assure that [the NAAQS] are achieved.'' The program for regulation
of modification of stationary sources is known as ``minor NSR,'' and
the requirements for minor NSR programs are contained in Subpart I of
Part 51 in Title 40 of the Code of Federal Regulations (CFR). Given the
language of element 110(a)(2)(C), it is necessary to conclude that an
infrastructure SIP submittal must address the triggering new or revised
NAAQS.
Comment: DEQ noted that EPA had not acted on Wyoming's May 11, 2011
submittal, which (among other things) added Section 13 to Chapter 6 of
the WAQSR. DEQ stated it was concerned about ``future inconsistency in
the GHG PSD permitting regulations.'' DEQ also stated, ``The State of
Wyoming will experience additional harm if a construction ban goes into
effect on January 20, 2014 without EPA approval of the May 11, 2011
SIP.''
Response: EPA disagrees with the concerns expressed by DEQ. First,
EPA has already approved the portion of the May 11, 2011 submittal that
revised the State's PSD program. See 76 FR 44265 (July 25, 2011). The
remaining portion of the May 11, 2011 submittal added two new sections
to Wyoming's permitting rules. Section 13, entitled ``Nonattainment
permit requirements,'' incorporates by reference federal rules at 40
CFR 51.165. Section 14, entitled ``Incorporation by reference,''
establishes the date of incorporation by reference of federal rules and
provides information on how the public can inspect or obtain copies of
the Code of Federal Regulations. In this action, we are approving a
subsequent revision of Section 14 that supersedes the version of
Section 14 in the May 11, 2011 submittal. Thus, the only remaining
portion of the May 11, 2011 submittal that remains to be acted upon is
the addition of Section 13, which addresses nonattainment NSR
requirements.
First, DEQ has not identified how nonattainment NSR requirements
are relevant to EPA's action on an infrastructure SIP submittal. As
stated in our proposal notice (and not disputed by DEQ), nonattainment
area plan requirements under part D of title I of the Act, including
the requirement in 110(a)(2)(C) for a permit program as required by
part D of title I (i.e., nonattainment NSR), are not governed by the
three year submission deadline in section 110(a)(1). Instead,
nonattainment NSR requirements are due at the same time as other
nonattainment area plan requirements are due under the Act. As a
result, nonattainment NSR requirements are outside the scope of this
action on
[[Page 73447]]
Wyoming's infrastructure SIP submittals.
Second, it does not appear that our action on Wyoming's
infrastructure SIP submittals and on Wyoming's adoption of the
PM2.5 increments could result in an inconsistency in GHG PSD
permitting. We have separately completed our proposed approval of
Wyoming's March 8, 2013 GHG PSD submittal. With respect to Section 13
of Chapter 6, DEQ did not identify any specific dependency between it
and the March 8, 2013 GHG PSD submittal or the May 24, 2012
PM2.5 increment submittal that would cause any future
inconsistency in GHG permitting. In addition, the March 8, 2013 GHG PSD
submittal did not include Section 13, so it appears to EPA that the two
are independent.
Third, DEQ has not identified any reason why EPA's inaction on the
Section 13 portion of the May 11, 2011 submittal would cause a
construction ban to take effect on January 20, 2014. We note that, on
May 21, 2012, EPA designated the Upper Green River Basin Area in
Wyoming as marginal nonattainment for the 2008 ozone standard,
effective July 20, 2012. See 77 FR 30517-30518. Although DEQ does not
explain how it derived its January 20, 2014 date, that date is 18
months after the effective date of the designation of the Upper Green
River Basin Area.
Under 40 CFR 52.24(k), after designation of a nonattainment area
and prior to EPA's approval of a nonattainment NSR program that meets
the requirements of part D of title I of the CAA, the Emission Offset
Interpretative Ruling, 40 CFR part 51, appendix S governs permits to
construct. As stated in EPA's June 6, 2013 proposed rule for
implementation of the 2008 ozone standards, 78 FR 34200-201, in EPA's
2005 promulgation of the phase 2 implementation rule for the 1997 ozone
NAAQS, ``the EPA revised section 52.24(k) to eliminate language stating
that if a nonattainment area did not have an approved nonattainment NSR
program within 18 months after designation, a construction ban would
apply.'' The June 6, 2013 proposal explains that the DC Circuit Court
of Appeal's decision in NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009)
left this revision of Sec. 52.24(k) undisturbed, except with respect
to the availability of waivers under section VI of Appendix S after the
18-month period has expired. Thus, DEQ's concerns about a construction
ban are unnecessary, as Appendix S to 40 CFR part 51 (with the
exception of waivers under section VI of Appendix S after January 20,
2014) governs construction permits within the Upper Green River Basin
Area until EPA approves a SIP revision containing a nonattainment NSR
program that meets the requirements of part D of title I of the Act,
specifically requirements contained in 40 CFR 51.165.
III. Final Action
EPA is approving Wyoming's March 26, 2008 and August 19, 2011
submittals for the following infrastructure elements for the 1997 and
2006 PM2.5 NAAQS: (A), (B), (C) with respect to minor NSR
and PSD requirements, (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J),
(K), (L), and (M). EPA is also approving revisions to WAQSR Chapter 6,
Section 4, as submitted on May 24, 2012, which incorporate the
requirements of the 2010 PM2.5 Increment Rule; specifically,
revisions to: Chapter 6, Section 4(a) Definitions of ``Baseline area'',
``Major source baseline date'', and ``Minor source baseline date'';
Chapter 6, Section 4(b)(i)(A)(I) Table 1, Chapter 6, Section
4(b)(viii), and Section 14.
EPA is disapproving Wyoming's March 26, 2008 and August 19, 2011
submittals for the section 110(a)(2)(E)(ii) infrastructure element,
related to CAA section 128, State Boards, for the 1997 and 2006
PM2.5 NAAQS. Finally, EPA is taking no action on
infrastructure element (D)(i) for the 2006 PM2.5 NAAQS.
IV. Statutory and Executive Orders Review
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves some state law as meeting
Federal requirements and disapproves other state law as not meeting
Federal requirements; it does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because Wyoming's SIP does not apply in Indian country, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.
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. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 4, 2014. 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,
[[Page 73448]]
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).)
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, Sulfur oxides, Volatile organic compounds.
Dated: November 15, 2013.
Judith Wong,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ--Wyoming
0
2. Section 52.2620 is amended by:
0
a. The table in paragraph (c)(1):
0
i Under Chapter 6, revise the entry for Section 4.
0
ii. Under Chapter 6, add the entry for Section 14.
0
b. The table in paragraph (e), add the entries XXI and XXII at the end
of the table.
The amendments read as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State adopted
State citation Title/subject and effective EPA approval date Explanations
date and citation \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 6
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 4........................ Prevention of 1/13/2012, 12/6/13 [insert ...................
significant 3/28/2012 Federal Register
deterioration. page number where
document begins].
Section 14....................... Incorporation by 1/13/2012, 12/6/13 [insert ...................
reference. 3/28/2012 Federal Register
page number where
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
the Federal Register cited in this column for that particular provision.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or non- submittal date/ EPA approval date Explanations
provision attainment area adopted date and citation\3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
XXI. Section 110(a)(2) Statewide.......... 3/26/2008 12/6/13 [insert Element (E)(ii) is
Infrastructure Requirements for Federal Register disapproved.
the 1997 PM 2.5 NAAQS. page number where
document begins].
XXII. Section 110(a)(2) Statewide.......... 8/19/2011 12/6/13 [insert Element (E)(ii) is
Infrastructure Requirements for Federal Register disapproved.
the 2006 PM2.5 NAAQS. page number where
document begins].
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[[Page 73449]]
* * * * *
[FR Doc. 2013-28949 Filed 12-5-13; 8:45 am]
BILLING CODE 6560-50-P
