Approval and Promulgation of State Implementation Plans; State of Wyoming; Interstate Transport of Pollution for the 2006 24-Hour PM2.5, 47857-47859 [2015-19501]
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Lhorne on DSK7TPTVN1PROD with RULES
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
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47857
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
Dated: July 28, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[FR Doc. 2015–19506 Filed 8–7–15; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland Security
Delegation No. 0170.1.
2. Add § 165.T09–0715 to read as
follows:
■
§ 165.T09–0715 Safety Zone; Waddington
Homecoming Fireworks Display; St.
Lawrence River, Ogden Island, NY.
(a) Location. This zone will
encompass all waters of the St.
Lawrence River; Ogden Island, NY
within a 700-footradius of position
44°52′8.44″ N and 075°12′35.84″ W
(NAD 83).
(b) Enforcement Period. This
regulation will be enforced on August 8,
2015 from 8:45 p.m. until 10:15 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
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BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0351; FRL–9932–05–
Region 8]
Approval and Promulgation of State
Implementation Plans; State of
Wyoming; Interstate Transport of
Pollution for the 2006 24-Hour PM2.5
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
an August 19, 2011 State
Implementation Plan (SIP) submission
from the State of Wyoming that are
intended to demonstrate that its SIP
meets certain interstate transport
requirements of the Clean Air Act (Act
or CAA) for the 2006 24-hour fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). This submission addresses
the requirement that Wyoming’s SIP
contain adequate provisions prohibiting
air emissions that will have certain
adverse air quality effects in other
states. Specifically, EPA is approving
the portion of the Wyoming SIP
submission that addresses the
significant contribution to
nonattainment and interference with
maintenance transport requirements for
the 2006 24-hour PM2.5 NAAQS. EPA is
also approving the interference with
prevention of significant deterioration
(PSD) of air quality transport
requirement for this NAAQS. EPA is not
acting on the interference with visibility
transport requirement at this time and
will address the visibility requirement
for this NAAQS in a separate future
action.
SUMMARY:
This final rule is effective on
September 9, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2012–0351. 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
DATES:
E:\FR\FM\10AUR1.SGM
10AUR1
47858
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
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:
Adam Clark, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, 303–312–7104,
clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
Lhorne on DSK7TPTVN1PROD with RULES
I. Background
A. 2006 PM2.5 NAAQS and Interstate
Transport
On September 21, 2006, EPA
promulgated a final rule revising the
1997 24-hour primary and secondary
NAAQS for PM2.5 from 65 micrograms
per cubic meter (mg/m3) to 35 mg/m3
(October 17, 2006, 71 FR 61144).
Section 110(a)(1) of the CAA requires
each state to submit to EPA, within
three years (or such shorter period as
the Administrator may prescribe) after
the promulgation of a primary or
secondary NAAQS or any revision
thereof, a SIP that provides for the
‘‘implementation, maintenance, and
enforcement’’ of such NAAQS. EPA
refers to these specific submittals as
‘‘infrastructure’’ SIPs because they are
intended to address basic structural SIP
requirements for new or revised
NAAQS. For the 2006 24-hour PM2.5
NAAQS, these infrastructure SIPs were
due on September 21, 2009. CAA
section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such plan
submission’’ must meet.
The interstate transport provisions in
CAA section 110(a)(2)(D)(i) (also called
‘‘good neighbor’’ provisions) require
each state to submit a SIP that prohibits
emissions that will have certain adverse
air quality effects in other states. CAA
section 110(a)(2)(D)(i) identifies four
distinct elements related to the impacts
of air pollutants transported across state
lines. The two elements under
110(a)(2)(D)(i)(I) require SIPs to contain
adequate provisions to prohibit any
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14:22 Aug 07, 2015
Jkt 235001
source or other type of emissions
activity within the state from emitting
air pollutants that will (element 1)
contribute significantly to
nonattainment in any other state with
respect to any such national primary or
secondary NAAQS, and (element 2)
interfere with maintenance by any other
state with respect to the same NAAQS.
The two elements under
110(a)(2)(D)(i)(II) require SIPs to contain
adequate provisions to prohibit
emissions that will interfere with
measures required to be included in the
applicable implementation plan for any
other state under part C (element 3) to
prevent significant deterioration of air
quality or (element 4) to protect
visibility.
On August 19, 2011, the Wyoming
Department of Environmental Quality
(WDEQ) made a submission certifying
that Wyoming’s SIP is adequate to
implement the 2006 24-hour PM2.5
NAAQS for all the ‘‘infrastructure’’
requirements of CAA section 110(a)(2).1
On April 23, 2015, WDEQ sent EPA a
letter clarifying its August 19, 2011
submission with regard to elements 1–
3 of CAA section 110(a)(2)(D)(i).2 EPA
proposed approval of 110(a)(2)(D)(i)
elements 1–3 of Wyoming’s August 19,
2011 submission on May 18, 2015 (80
FR 28209).
II. Response to Comments
EPA did not receive any comments on
the May 18, 2015 proposal.
III. Final Rule
EPA is approving the 110(a)(2)(D)(i)(I)
portion of Wyoming’s August 19, 2011
submission. We are approving elements
1 and 2 of this portion of the submission
based on EPA’s supplemental
evaluation of relevant technical
information, which supports a finding
that emissions from Wyoming do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2006 24-hour PM2.5
NAAQS in any other state and that the
existing Wyoming SIP is, therefore,
adequate to meet the requirements of
CAA section 110(a)(2)(D)(i)(I) for the
2006 24-hour PM2.5 NAAQS.
EPA is also approving element 3 of
110(a)(2)(D)(i) from Wyoming’s August
19, 2011 submission, based on a finding
that the Wyoming SIP is adequate to
meet the PSD requirement of CAA
section 110(a)(2)(D)(i)(II).
1 WDEQ’s certification letter, dated August 19,
2011 is included in the docket for this action.
2 Wyoming’s clarification letter is available in the
docket for this action. Wyoming’s May 3, 2007
Interstate Transport SIP can be found in the docket
for that action (EPA–R08–OAR–2007–0648).
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IV. 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,
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; this action 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 CAA; 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where 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
E:\FR\FM\10AUR1.SGM
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
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. 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 October 9, 2015.
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, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ—Wyoming
2. Section 52.2620 is amended in
paragraph (e) by:
■ a. Adding entry XXIV at the end of the
table; and
■ b. Removing the first instance of
footnote 3.
The addition reads as follows:
■
§ 52.2620
Dated: July 23, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
47859
*
Identification of plan.
*
*
(e) * * *
*
*
40 CFR part 52 is amended to read as
follows:
Name of nonregulatory SIP
provision
Applicable geographic or
non-attainment area
State submittal date/
adopted date
EPA approval date and
citation 3
Explanations
*
XXIV. Interstate Transport.
Wyoming Interstate
Transport SIP satisfying
the requirement of Section 110(a)(2)(D)(i) of the
CAA for the 2006 PM2.5
standards.
*
*
Statewide ..........................
*
Submitted: 8/19/2011 ........
*
*
8/10/2015 ..........................
[insert Federal Register
page number where
document begins].
*
No action on section
110(a)(2)(D)(i) prong 4,
visibility.
3 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.
[FR Doc. 2015–19501 Filed 8–7–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0258; FRL–9926–72–
Region 9]
Approval and Promulgation of State
Implementation Plans; Arizona;
Infrastructure Requirements for the
2008 Lead (Pb) and the 2008 8-Hour
Ozone National Ambient Air Quality
Standards (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
Lhorne on DSK7TPTVN1PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Arizona to
address the requirements of section
SUMMARY:
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110(a)(1) and (2) of the Clean Air Act
(CAA) for the 2008 Lead (Pb) and 2008
ozone national ambient air quality
standards (NAAQS). Section 110(a) of
the CAA requires that each State adopt
and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA. We refer to such
SIP revisions as ‘‘infrastructure’’ SIPs
because they are intended to address
basic structural SIP requirements for
new or revised NAAQS including, but
not limited to, legal authority,
regulatory structure, resources, permit
programs, monitoring, and modeling
necessary to assure attainment and
maintenance of the standards. In
addition, we are approving several state
provisions addressing CAA conflict of
interest and monitoring requirements
into the Arizona SIP.
This final rule is effective on
September 9, 2015.
DATES:
EPA has established a
docket for this action, identified by
ADDRESSES:
PO 00000
Frm 00031
Fmt 4700
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Docket ID Number EPA–R09–OAR–
2014–0258. The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publically available only at the hard
copy location (e.g., copyrighted
material) and some may not be
publically available in either location
(e.g., confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed directly
below.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, Office of Air Planning, U.S.
Environmental Protection Agency,
Region 9, (415) 947–4152, email:
buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
E:\FR\FM\10AUR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47857-47859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19501]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2012-0351; FRL-9932-05-Region 8]
Approval and Promulgation of State Implementation Plans; State of
Wyoming; Interstate Transport of Pollution for the 2006 24-Hour
PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of an August 19, 2011 State Implementation Plan (SIP)
submission from the State of Wyoming that are intended to demonstrate
that its SIP meets certain interstate transport requirements of the
Clean Air Act (Act or CAA) for the 2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS). This
submission addresses the requirement that Wyoming's SIP contain
adequate provisions prohibiting air emissions that will have certain
adverse air quality effects in other states. Specifically, EPA is
approving the portion of the Wyoming SIP submission that addresses the
significant contribution to nonattainment and interference with
maintenance transport requirements for the 2006 24-hour
PM2.5 NAAQS. EPA is also approving the interference with
prevention of significant deterioration (PSD) of air quality transport
requirement for this NAAQS. EPA is not acting on the interference with
visibility transport requirement at this time and will address the
visibility requirement for this NAAQS in a separate future action.
DATES: This final rule is effective on September 9, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2012-0351. 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
[[Page 47858]]
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: Adam Clark, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-7104,
clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. 2006 PM2.5 NAAQS and Interstate Transport
On September 21, 2006, EPA promulgated a final rule revising the
1997 24-hour primary and secondary NAAQS for PM2.5 from 65
micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\ (October
17, 2006, 71 FR 61144).
Section 110(a)(1) of the CAA requires each state to submit to EPA,
within three years (or such shorter period as the Administrator may
prescribe) after the promulgation of a primary or secondary NAAQS or
any revision thereof, a SIP that provides for the ``implementation,
maintenance, and enforcement'' of such NAAQS. EPA refers to these
specific submittals as ``infrastructure'' SIPs because they are
intended to address basic structural SIP requirements for new or
revised NAAQS. For the 2006 24-hour PM2.5 NAAQS, these
infrastructure SIPs were due on September 21, 2009. CAA section
110(a)(2) includes a list of specific elements that ``[e]ach such plan
submission'' must meet.
The interstate transport provisions in CAA section 110(a)(2)(D)(i)
(also called ``good neighbor'' provisions) require each state to submit
a SIP that prohibits emissions that will have certain adverse air
quality effects in other states. CAA section 110(a)(2)(D)(i) identifies
four distinct elements related to the impacts of air pollutants
transported across state lines. The two elements under
110(a)(2)(D)(i)(I) require SIPs to contain adequate provisions to
prohibit any source or other type of emissions activity within the
state from emitting air pollutants that will (element 1) contribute
significantly to nonattainment in any other state with respect to any
such national primary or secondary NAAQS, and (element 2) interfere
with maintenance by any other state with respect to the same NAAQS. The
two elements under 110(a)(2)(D)(i)(II) require SIPs to contain adequate
provisions to prohibit emissions that will interfere with measures
required to be included in the applicable implementation plan for any
other state under part C (element 3) to prevent significant
deterioration of air quality or (element 4) to protect visibility.
On August 19, 2011, the Wyoming Department of Environmental Quality
(WDEQ) made a submission certifying that Wyoming's SIP is adequate to
implement the 2006 24-hour PM2.5 NAAQS for all the
``infrastructure'' requirements of CAA section 110(a)(2).\1\ On April
23, 2015, WDEQ sent EPA a letter clarifying its August 19, 2011
submission with regard to elements 1-3 of CAA section
110(a)(2)(D)(i).\2\ EPA proposed approval of 110(a)(2)(D)(i) elements
1-3 of Wyoming's August 19, 2011 submission on May 18, 2015 (80 FR
28209).
---------------------------------------------------------------------------
\1\ WDEQ's certification letter, dated August 19, 2011 is
included in the docket for this action.
\2\ Wyoming's clarification letter is available in the docket
for this action. Wyoming's May 3, 2007 Interstate Transport SIP can
be found in the docket for that action (EPA-R08-OAR-2007-0648).
---------------------------------------------------------------------------
II. Response to Comments
EPA did not receive any comments on the May 18, 2015 proposal.
III. Final Rule
EPA is approving the 110(a)(2)(D)(i)(I) portion of Wyoming's August
19, 2011 submission. We are approving elements 1 and 2 of this portion
of the submission based on EPA's supplemental evaluation of relevant
technical information, which supports a finding that emissions from
Wyoming do not significantly contribute to nonattainment or interfere
with maintenance of the 2006 24-hour PM2.5 NAAQS in any
other state and that the existing Wyoming SIP is, therefore, adequate
to meet the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006
24-hour PM2.5 NAAQS.
EPA is also approving element 3 of 110(a)(2)(D)(i) from Wyoming's
August 19, 2011 submission, based on a finding that the Wyoming SIP is
adequate to meet the PSD requirement of CAA section
110(a)(2)(D)(i)(II).
IV. 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, 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; this
action 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 CAA; 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where 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
[[Page 47859]]
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. 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 October 9, 2015. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 23, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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. Section 52.2620 is amended in paragraph (e) by:
0
a. Adding entry XXIV at the end of the table; and
0
b. Removing the first instance of footnote 3.
The addition reads as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or non- State submittal EPA approval date Explanations
provision attainment area date/ adopted date and citation \3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
XXIV. Interstate Transport. Statewide......... Submitted: 8/19/ 8/10/2015......... No action on
Wyoming Interstate Transport 2011. [insert Federal section
SIP satisfying the requirement Register page 110(a)(2)(D)(i)
of Section 110(a)(2)(D)(i) of number where prong 4,
the CAA for the 2006 PM2.5 document begins]. visibility.
standards.
----------------------------------------------------------------------------------------------------------------
\3\ 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.
[FR Doc. 2015-19501 Filed 8-7-15; 8:45 am]
BILLING CODE 6560-50-P
