Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2,, 18992-18994 [2017-08252]
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18992
Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
ACTION:
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.261, add paragraph (mm-1)
to read as follows:
■
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
*
*
*
*
*
(mm-1) West 79th Street Bridge. The
draw of the West 79th Street Bridge, at
Miami, Florida will open on signal,
except that from 7 a.m. to 7 p.m.
Monday through Friday, except Federal
holidays, the draw need only open on
the hour and half hour.
*
*
*
*
*
■ 3. Add § 117.304 to read as follows:
Miami Beach Channel.
The draw of the East 79th Street
Bridge, at Miami, Florida will open on
signal, except that from 7 a.m. to 7 p.m.
Monday through Friday, except Federal
holidays, the draw need only open on
the hour and half hour.
Dated: April 19, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2017–08257 Filed 4–24–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0933; FRL–9958–35–
Region 8]
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 2008 Lead, 2008
Ozone, 2010 NO2, 2010 SO2, and 2012
PM2.5 National Ambient Air Quality
Standards; Wyoming
AGENCY:
Environmental Protection
asabaliauskas on DSK3SPTVN1PROD with RULES
Agency.
VerDate Sep<11>2014
16:35 Apr 24, 2017
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The Environmental Protection
Agency (EPA) is approving elements of
State Implementation Plan (SIP)
revisions from the State of Wyoming to
demonstrate the State meets
infrastructure requirements of the Clean
Air Act (CAA) for the National Ambient
Air Quality Standards (NAAQS)
promulgated for ozone on March 12,
2008, lead (Pb) on October 15, 2008,
nitrogen dioxide (NO2) on January 22,
2010, sulfur dioxide (SO2) on June 2,
2010, and fine particulate matter (PM2.5)
on December 14, 2012. The EPA is also
approving SIP revisions the State
submitted regarding state boards.
DATES: This rule is effective on May 25,
2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2012–0933. 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,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests that if at
all possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT:
Abby Fulton, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6563,
fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
§ 117.304
Final rule.
I. Background
Infrastructure requirements for SIPs
are set forth in section 110(a)(1) and (2)
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Fmt 4700
Sfmt 4700
of the CAA. Section 110(a)(2) lists the
specific infrastructure elements that a
SIP must contain or satisfy.
In our proposed rule (PR), the EPA
proposed to approve and take no action
on some infrastructure elements for the
2008 Pb, 2008 ozone, 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS from the
State’s certifications.1 In this
rulemaking, we are taking final action to
approve infrastructure elements from
the State’s certifications. We are also
taking final action to approve new rules
to Wyoming Department of
Environmental Quality General Rules of
Practice and Procedure submitted on
May 31, 2016, to satisfy requirements of
section 110(a)(2)(E)(ii), state boards.
II. Response to Comments
We received one comment letter from
the Wyoming Department of
Environmental Quality (Wyoming DEQ)
in support of the EPA’s proposed
approval of infrastructure requirements
of the CAA and the state boards
requirement under CAA section 128.
III. Final Action
For reasons expressed in the proposed
rule, the EPA is taking final action to
approve infrastructure elements from
the State’s certifications as shown in
Table 1. Elements we are taking no
action on are reflected in Table 2. We
are also approving new rules to
Wyoming Department of Environmental
Quality General Rules of Practice and
Procedure, Chapter 1, General
Provisions, section 16 submitted on May
31, 2016, to satisfy requirements of
section 110(a)(2)(E)(ii), which pertains
to the state boards requirement under
section 128 (Table 1).
A comprehensive summary of
infrastructure elements and new rules
being approved into the Wyoming SIP
through this final rule action are
provided in Table 1 and Table 2.
1 ‘‘Where an air agency determines that the
provisions in or referred to by its existing EPA
approved SIP are adequate with respect to a given
infrastructure SIP element (or subelement) even in
light of the promulgation of a new or revised
NAAQS, the air agency may make a SIP submission
in the form of a certification.’’ EPA’s ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1)
and (2),’’ September 13, 2013, at 7.
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Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations
18993
TABLE 1—LIST OF WYOMING INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING
Approving approval
October 12, 2011 submittal—2008 Pb NAAQS:
(A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
March 6, 2015 submittal—2010 SO2 NAAQS:
(A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
February 6, 2014 submittal—2008 Ozone NAAQS:
(A), (B), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
January 24, 2014 submittal—2010 NO2 NAAQS:
(A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
June 24, 2016 submittal— 2012 PM2.5 NAAQS:
(A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
May 31, 2016 submittal—New Rules to Wyoming DEQ General Rules of Practice and Procedure, CAA Section 128
Chapter 1, General Provisions, Section 16, Air Program State Implementation Plan.
TABLE 2—LIST OF WYOMING INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS TAKING NO ACTION ON
No action
(Revision to be made in separate rulemaking action.)
October 12, 2011 submittal—2008 Pb NAAQS:
(D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
February 06, 2014 submittal—2008 Ozone NAAQS:
(D)(i)(I) prongs 1 and 2, D(i)(II) prongs 3 and 4 and (C) (final action on (D)(i)(II) prong 3 and (C) at 81 FR 70362, Oct. 12, 2016).
January 24, 2014 submittal—2010 NO2 NAAQS:
(D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
March 06, 2015 submittal—2010 SO2 NAAQS:
(D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
June 24, 2016 submittal—2012 PM2.5 NAAQS:
(D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Wyoming DEQ General Rules of Practice
and Procedure discussed in section III,
Final Action of this preamble. The EPA
has made, and will continue to make,
these documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
asabaliauskas on DSK3SPTVN1PROD with RULES
V. 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, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. 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:
VerDate Sep<11>2014
16:35 Apr 24, 2017
Jkt 241001
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
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18994
Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations
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 June 26, 2017.
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)).
Rule No.
*
Authority: 42 U.S.C. 7401 et seq.
Dated: April 11, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
5/25/2017
*
*
Final rule citation/date
*
Comments
*
[insert Federal Register citation], 4/25/2017.
CAA section
128 Requirements.
Final rule citation/date
Comments
(e) * * *
Rule title
*
(28) XXVIII ....
*
Infrastructure SIP for Section
110(a)(2)— 2008 Lead,
2008 Ozone, 2010 NO2,
2010 SO2, and 2012 PM2.5
NAAQS.
EPA Effective
date
State effective date
*
*
10/12/2011, 2/6/2014, 1/24/
2014, 3/6/2015, and 6/24/
2016.
Partial stay of effectiveness of
final rule.
BILLING CODE 6560–50–P
By a letter dated April 14,
2017, EPA announced the convening of
a proceeding for reconsideration of
certain requirements in the final rule
promulgating a Federal Implementation
Plan (FIP) for the State of Arkansas
addressing regional haze and interstate
visibility transport under the Federal
Clean Air Act (the Act, or CAA). The
rule was published in the Federal
Register on September 27, 2016. The
EPA is administratively staying for 90
days the effectiveness of the rule
requirements that are under
reconsideration. The EPA is adding
language to the Code of Federal
Regulations (CFR) to reflect this stay.
SUMMARY:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0189; FRL–9961–81–
Region 6]
Promulgation of Air Quality
Implementation Plans; State of
Arkansas; Regional Haze and
Interstate Visibility Transport Federal
Implementation Plan; Partial Stay
Environmental Protection
Agency (EPA).
AGENCY:
17:26 Apr 24, 2017
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*
5/25/2017
ACTION:
[FR Doc. 2017–08252 Filed 4–24–17; 8:45 am]
asabaliauskas on DSK3SPTVN1PROD with RULES
*
EPA effective
date
4/21/2016 ..............................
*
Rule No.
VerDate Sep<11>2014
2. In § 52.2620:
a. The table in paragraph (c) is
amended by:
■ i. Adding a centered heading for
‘‘Chapter I. General Rules of Practice
and Procedure.’’ at the end of the table;
and
■ ii. Adding, under the centered
heading ‘‘Chapter I. General Rules of
Practice and Procedure.,’’ a table entry
for ‘‘Section 16.’’
■ b. The table in paragraph (e) is
amended by adding an entry for ‘‘(28)
XXVIII’’ at the end of the table.
The additions read as follows:
■
■
*
*
*
Chapter I. General Rules of Practice and Procedure.
Air Quality Division, State Implementation Plan.
*
Subpart ZZ—Wyoming
§ 52.2620
1. The authority citation for part 52
continues to read as follows:
■
State effective date
*
Section 16 ....
*
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Rule title
*
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
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Sfmt 4700
*
[insert Federal Register citation], 4/25/2017.
*
Certain portions of 40 CFR
52.173(c)(7) and (25), as specified in this
document, are administratively stayed
from April 25, 2017 until July 24, 2017.
The addition of 40 CFR 52.173(e) in this
rule is effective from April 25, 2017,
until July 24, 2017.
ADDRESSES: The EPA has established a
docket for this reconsideration
proceeding under Docket ID No. EPA–
R06–OAR–2015–0189. All documents in
the docket are available electronically at
https://www.regulations.gov and in hard
copy at EPA Region 6, 1445 Ross
Avenue, Suite 700, Dallas, TX 75202–
2733. To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
DATES:
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]]>Agencies
[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 18992-18994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08252]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2012-0933; FRL-9958-35-Region 8]
Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2,
2010 SO2, and 2012 PM2.5 National Ambient Air Quality Standards;
Wyoming
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) revisions from the State of
Wyoming to demonstrate the State meets infrastructure requirements of
the Clean Air Act (CAA) for the National Ambient Air Quality Standards
(NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October
15, 2008, nitrogen dioxide (NO2) on January 22, 2010, sulfur
dioxide (SO2) on June 2, 2010, and fine particulate matter
(PM2.5) on December 14, 2012. The EPA is also approving SIP
revisions the State submitted regarding state boards.
DATES: This rule is effective on May 25, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2012-0933. 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, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through https://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. The EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6563,
fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Infrastructure requirements for SIPs are set forth in section
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific
infrastructure elements that a SIP must contain or satisfy.
In our proposed rule (PR), the EPA proposed to approve and take no
action on some infrastructure elements for the 2008 Pb, 2008
ozone, 2010 NO2, 2010 SO2 and 2012
PM2.5 NAAQS from the State's certifications.\1\ In this
rulemaking, we are taking final action to approve infrastructure
elements from the State's certifications. We are also taking final
action to approve new rules to Wyoming Department of Environmental
Quality General Rules of Practice and Procedure submitted on May 31,
2016, to satisfy requirements of section 110(a)(2)(E)(ii), state
boards.
---------------------------------------------------------------------------
\1\ ``Where an air agency determines that the provisions in or
referred to by its existing EPA approved SIP are adequate with
respect to a given infrastructure SIP element (or subelement) even
in light of the promulgation of a new or revised NAAQS, the air
agency may make a SIP submission in the form of a certification.''
EPA's ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and (2),'' September
13, 2013, at 7.
---------------------------------------------------------------------------
II. Response to Comments
We received one comment letter from the Wyoming Department of
Environmental Quality (Wyoming DEQ) in support of the EPA's proposed
approval of infrastructure requirements of the CAA and the state boards
requirement under CAA section 128.
III. Final Action
For reasons expressed in the proposed rule, the EPA is taking final
action to approve infrastructure elements from the State's
certifications as shown in Table 1. Elements we are taking no action on
are reflected in Table 2. We are also approving new rules to Wyoming
Department of Environmental Quality General Rules of Practice and
Procedure, Chapter 1, General Provisions, section 16 submitted on May
31, 2016, to satisfy requirements of section 110(a)(2)(E)(ii), which
pertains to the state boards requirement under section 128 (Table 1).
A comprehensive summary of infrastructure elements and new rules
being approved into the Wyoming SIP through this final rule action are
provided in Table 1 and Table 2.
[[Page 18993]]
Table 1--List of Wyoming Infrastructure Elements and Revisions That the
EPA Is Approving
------------------------------------------------------------------------
Approving approval
-------------------------------------------------------------------------
October 12, 2011 submittal--2008 Pb NAAQS:
(A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J),
(K), (L) and (M).
March 6, 2015 submittal--2010 SO2 NAAQS:
(A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J),
(K), (L) and (M).
February 6, 2014 submittal--2008 Ozone NAAQS:
(A), (B), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
January 24, 2014 submittal--2010 NO2 NAAQS:
(A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J),
(K), (L) and (M).
June 24, 2016 submittal-- 2012 PM2.5 NAAQS:
(A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J),
(K), (L) and (M).
May 31, 2016 submittal--New Rules to Wyoming DEQ General Rules of
Practice and Procedure, CAA Section 128
Chapter 1, General Provisions, Section 16, Air Program State
Implementation Plan.
------------------------------------------------------------------------
Table 2--List of Wyoming Infrastructure Elements and Revisions That the
EPA Is Taking No Action On
------------------------------------------------------------------------
No action (Revision to be made in separate rulemaking action.)
-------------------------------------------------------------------------
October 12, 2011 submittal--2008 Pb NAAQS:
(D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
February 06, 2014 submittal--2008 Ozone NAAQS:
(D)(i)(I) prongs 1 and 2, D(i)(II) prongs 3 and 4 and (C) (final
action on (D)(i)(II) prong 3 and (C) at 81 FR 70362, Oct. 12,
2016).
January 24, 2014 submittal--2010 NO2 NAAQS:
(D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
March 06, 2015 submittal--2010 SO2 NAAQS:
(D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
June 24, 2016 submittal--2012 PM2.5 NAAQS:
(D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.
------------------------------------------------------------------------
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Wyoming DEQ General Rules of Practice and Procedure discussed in
section III, Final Action of this preamble. The EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
V. 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal
[[Page 18994]]
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 June 26, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA Section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 11, 2017.
Debra H. Thomas,
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 citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ--Wyoming
0
2. In Sec. 52.2620:
0
a. The table in paragraph (c) is amended by:
0
i. Adding a centered heading for ``Chapter I. General Rules of Practice
and Procedure.'' at the end of the table; and
0
ii. Adding, under the centered heading ``Chapter I. General Rules of
Practice and Procedure.,'' a table entry for ``Section 16.''
0
b. The table in paragraph (e) is amended by adding an entry for ``(28)
XXVIII'' at the end of the table.
The additions read as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State effective EPA effective Final rule
Rule No. Rule title date date citation/date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter I. General Rules of Practice and Procedure.
----------------------------------------------------------------------------------------------------------------
Section 16......... Air Quality 4/21/2016........ 5/25/2017 [insert Federal CAA section 128
Division, State Register Requirements.
Implementation citation], 4/25/
Plan. 2017.
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State effective EPA Effective Final rule
Rule No. Rule title date date citation/date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(28) XXVIII........ Infrastructure SIP 10/12/2011, 2/6/ 5/25/2017 [insert Federal
for Section 2014, 1/24/2014, Register
110(a)(2)-- 2008 3/6/2015, and 6/ citation], 4/25/
Lead, 2008 Ozone, 24/2016. 2017.
2010 NO2, 2010
SO2, and 2012
PM2.5 NAAQS.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-08252 Filed 4-24-17; 8:45 am]
BILLING CODE 6560-50-P
