Approval and Promulgation of Implementation Plans; Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standards; Wyoming, 10304-10307 [2020-03026]
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TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION
[Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations
and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability
sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012]
State/local
citation
State/local
effective
date
Title/subject
*
*
*
EPA approval date
*
Explanations
*
*
*
Washington Department of Ecology Regulations
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
173–400–025 .................
Adoption of Federal
Rules.
Definitions .....................
9/16/18
173–400–030 (30) and
(36).
Definitions .....................
12/29/12
*
173–400–040 .................
*
*
General Standards for
Maximum Emissions.
9/16/18
*
*
2/24/20, [Insert Federal
Register citation].
173–400–040(2) .............
General Standards for
Maximum Emissions.
Emission Standards for
Combustion and Incineration Units.
Emission Standards for
General Process
Units.
07/01/16
10/6/16, 81 FR 69385 ...
*
*
Except: 173–400–040(2); 173–400–040(3); 173–
400–040(4);
173–400–040(5);
173–400–
040(9).
Except: 173–400–040(2)(c); 173–400–040(2)(d).
9/16/18
2/24/20, [Insert Federal
Register citation].
Except: 173–400–050(2); 173–400–050(4); 173–
400–050(5); 173–400–050(6).
11/25/18
2/24/20, [Insert Federal
Register citation].
173–400–030 .................
173–400–050 .................
173–400–060 .................
*
173–400–081 .................
*
*
Startup and Shutdown ..
*
173–400–105 .................
*
*
Records, Monitoring and
Reporting.
*
173–400–171 .................
*
*
Public Notice and Opportunity for Public
Comment.
*
*
*
*
*
*
9/16/18
*
10/3/14, 79 FR 59653.
*
*
*
*
2/24/20, [Insert Federal
Register citation].
*
*
11/25/18
9/16/18
*
*
2/24/20, [Insert Federal
Register citation].
*
ENVIRONMENTAL PROTECTION
AGENCY
lotter on DSKBCFDHB2PROD with RULES
[EPA–R08–OAR–2019–0419; FRL–10004–
97–Region 8]
Approval and Promulgation of
Implementation Plans; Infrastructure
Requirements for the 2015 Ozone
National Ambient Air Quality
Standards; Wyoming
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
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Final rule.
The Environmental Protection
Agency (EPA) is acting on multiple
elements of State Implementation Plan
(SIP) revisions from the State of
Wyoming to demonstrate that the State
meets infrastructure requirements of
Clean Air Act (CAA) section 110(a) for
the 2015 ozone National Ambient Air
Quality Standard (NAAQS). Section
110(a) of the CAA requires that each
state submit a SIP for the
implementation, maintenance and
SUMMARY:
40 CFR Part 52
17:27 Feb 21, 2020
*
*
Except: The part of 173–400–171(3)(b) that
says,
• ‘‘or any increase in emissions of a toxic air
pollutant above the acceptable source impact
level for that toxic air pollutant as regulated
under chapter 173–460 WAC’’; 173–400–
171(3)(o); 173–400–171(12).
*
BILLING CODE 6560–50–P
VerDate Sep<11>2014
Except: 173–400–030(6); 173–400–030(32);
173–400–030(38); 173–400–030(40); 173–
400–030(41); 173–400–030(45); 173–400–
030(83); 173–400–030(89); 173–400–030(96);
173–400–030(97); 173–400–030(100); 173–
400–030(103); 173–400–030(104).
*
*
11/17/15, 80 FR 71695
4/1/11
*
[FR Doc. 2020–02890 Filed 2–21–20; 8:45 am]
2/24/20, [Insert Federal
Register citation].
2/24/20, [Insert Federal
Register citation].
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Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations
lotter on DSKBCFDHB2PROD with RULES
enforcement of each NAAQS
promulgated by the EPA.
DATES: This rule is effective on March
25, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0419. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Clayton Bean, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129, (303)
312–6143, bean.clayton@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
On March 12, 2008, the EPA
promulgated a new NAAQS for ozone,
revising the levels of primary and
secondary 8-hour ozone standards from
0.08 parts per million (ppm) to 0.075
ppm (73 FR 16436). More recently, on
October 1, 2015, the EPA promulgated
and revised the NAAQS for ozone,
further strengthening the primary and
secondary 8-hour standards to 0.070
ppm (80 FR 65292). The October 1, 2015
standards are known as the 2015 ozone
NAAQS.
Section 110(a)(1) of the CAA directs
each state to make an infrastructure SIP
submission to the EPA within 3 years of
promulgation of a new or revised
NAAQS. Infrastructure requirements for
SIPs are provided 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. The
elements that are the subject of this
action are described in detail in our
notice of proposed rulemaking (NPRM)
published on December 4, 2019 (84 FR
66352) for the State of Wyoming’s
infrastructure SIP revision, submitted to
the EPA on January 3, 2019.
II. Response to Comments
Comments on our December 4, 2019
NPRM were due on or before January 3,
2020. The EPA received two comments.
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17:27 Feb 21, 2020
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The first comment was supportive of the
proposed action. The second comment
is discussed below.
Comment: The commenter appears to
oppose approval of Wyoming’s
infrastructure SIP submission on the
basis that it ‘‘would mean that Wyoming
could build three new state dams,’’ and
that the EPA cannot confirm ‘‘whether
Wyoming has adequate regulations or
authority or enforcement power in its
SIP.’’ The commenter also requests that
the EPA ‘‘check whether Wyoming has
adequate funding to enforce its rules
against powerful coal companies and
the coal lobby of Wyoming’’ and that
EPA, ‘‘disavow this SIP until all dams
and hydroelectric power is rerouted to
solar and wind power.’’
Response: The commenter largely
discusses subjects outside the scope of
an infrastructure SIP action, and does
not explain, nor provide a legal basis for
disapproval. Although the commenter
states that a determination of whether
Wyoming has adequate regulations,
authority, or enforcement power in its
SIP should be based upon ‘‘rerouting of
power,’’ the EPA notes that Wyoming’s
2015 ozone NAAQS submittal was
reviewed and found adequate to provide
for the implementation, maintenance
and enforcement of the subject NAAQS.
Specifically, as thoroughly discussed in
our analysis of the NPRM, Wyoming’s
SIP-approved Legal Authority
Document (37 FR 10832, May 31, 1972)
(see also 40 CFR 52.2620(e), Rule No.
(02) II; 41 FR 36652, Aug. 31, 1976)
confirms that the State has adequate
legal authority to enforce applicable
laws, regulations and standards; to seek
injunctive relief; and to prevent
construction, modification, or operation
of any stationary source at any location
where emissions from such source will
prevent the attainment or maintenance
of a national standard or interfere with
PSD requirements. Commenter has not
identified any specific deficiencies in
that finding or identified specific ways
in which dams, hydroelectric, solar, or
wind power would change that
assessment.
Lastly, as to the commenter’s request
that the EPA check ‘‘whether Wyoming
has adequate funding to enforce its rules
against powerful coal companies and
the coal lobby of Wyoming,’’ we note
again that during our review of the
State’s submittal, we found that
Wyoming does have adequate funding
to carry out its SIP obligations and
requirements. Specifically, and
reiterating our analysis of Wyoming’s
submittal, the State receives CAA
sections 103 and 105 grant funds
through its Performance Partnership
Agreement (PPA) along with required
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state matching funds to provide the
funding necessary to carry out
Wyoming’s SIP requirements.
Wyoming’s PPA with the EPA (available
for review in the docket) documents
resources needed to carry out agreed
upon environmental program goals,
measures, and commitments, including
developing and implementing
appropriate SIPs for all areas of the
State. The EPA and Wyoming annually
update these grant commitments based
on current SIP requirements, air quality
planning, and applicable requirements
related to the NAAQS. Furthermore,
Wyoming Air Quality Standards and
Regulations (WAQSR) Chapter 6,
section 2(a)(v), Permit for construction,
modification, operation, requires the
owner and operator of each new major
source or major modification to pay a
fee sufficient to cover the cost of
reviewing and acting on permit
applications. Collectively, these
WAQSR rules and PPA commitments
provide satisfactory evidence that the
State has adequate funding and legal
authority to carry out the SIP and
related issues. This funding and legal
authority extends to all regulated
emission sources, independent of any
specific industry—be it the coal
industry or any other CAA regulated
industry.
III. Final Action
The EPA is approving the following
CAA section 110(a)(2) infrastructure
elements of Wyoming’s January 3, 2019
infrastructure SIP submission for the
2015 ozone NAAQS: (A), (B), (C),
(D)(i)(II) Prong 3 Interstate transport—
prevention of significant deterioration,
(D)(ii), (E), (F), (G), (H), (J), (K), (L) and
(M). The EPA is not taking action at this
time on (D)(i)(I) Prong 1 Interstate
transport—significant contribution, and
(D)(i)(I) Prong 2 Interstate transport—
interference with maintenance; we
intend to address (D)(i)(I) Prongs 1 and
2 in a separate, future action.
Finally, the EPA is also disapproving
element (D)(i)(II) Prong 4 Interstate
transport—visibility. CAA section
110(c)(1) provides that the EPA must
promulgate a Federal Implementation
Plan (FIP) within two years after finding
that a state has failed to make a required
submission or disapproving a state’s SIP
submission in whole or in part, unless
the EPA approves a SIP revision
correcting the deficiencies within that
two-year period. As explained in our
December 4, 2019 NPRM, this
disapproval of prong 4 will not incur
additional practical consequences for
the State or the EPA because the
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existing FIP 1 already in place, due to
preexisting deficiencies, satisfies the
prong 4 requirements for this NAAQS.
The aforementioned actions are
tabulated by section 110(a)(2) elements
in Table 1 below.
TABLE 1—ACTION TAKEN ON WY
INFRASTRUCTURE SIP SUBMITTAL
2015 Ozone NAAQS
infrastructure SIP elements
Wyoming
(A): Emission Limits and Other
Control Measures ......................
(B): Ambient Air Quality Monitoring/Data System ...................
(C): Program for Enforcement of
Control Measures ......................
(D)(i)(I): Prong 1 Interstate Transport—significant contribution .....
(D)(i)(I): Prong 2 Interstate Transport—interference with maintenance ........................................
(D)(i)(II): Prong 3 Interstate Transport—prevention of significant
deterioration ..............................
(D)(i)(II): Prong 4 Interstate Transport—visibility ............................
(D)(ii): Interstate and International
Pollution Abatement ..................
(E): Adequate Resources .............
(F): Stationary Source Monitoring
System ......................................
(G): Emergency Episodes ............
(H): Future SIP revisions ..............
(J): Consultation with Government
Officials, Public Notification,
PSD and Visibility Protection ....
(K): Air Quality and Modeling/Data
(L): Permitting Fees ......................
(M): Consultation/Participation by
Affected Local Entities ..............
A
A
A
NA
NA
A
D
A
A
A
A
A
A
A
A
A
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In the table above, the key is as follows:
A—Approve.
D—Disapprove.
NA—No Action. We intend to address the
element in a separate rulemaking action.
IV. Statutory and Executive Order
Reviews
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 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
1 See
79 FR 5032, January 30, 2014.
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16:25 Feb 21, 2020
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Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• This action is not an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, 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, 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
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
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copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 24, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
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.
Dated: February 10, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
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. In § 52.2620, the table in paragraph
(e) is amended by adding the entry ‘‘(34)
XXXIV’’ in numerical order to read as
follows:
■
§ 52.2620
*
Identification of plan.
*
*
(e) * * *
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Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations
Rule title
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(34) XXXIV .........................
*
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Infrastructure SIP for section 110(a)(2)—2015
Ozone NAAQS.
[FR Doc. 2020–03026 Filed 2–21–20; 8:45 a.m.]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
RIN 2126–AC28
Incorporation by Reference; North
American Standard Out-of-Service
Criteria; Hazardous Materials Safety
Permits
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
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*
*
[insert Federal Register
citation], 2/24/2020.
Washington, DC 20590–0001, (202) 366–
9209. If you have questions on viewing
or submitting material to the docket,
contact Docket Operations, (202) 366–
9826.
II. Executive Summary
FMCSA amends its
Hazardous Materials Safety Permit
regulations to incorporate by reference
the April 1, 2019, edition of the
Commercial Vehicle Safety Alliance’s
(CVSA) ‘‘North American Standard Outof-Service Criteria and Level VI
Inspection Procedures and Out-ofService Criteria for Commercial
Highway Vehicles Transporting
Transuranics and Highway Route
Controlled Quantities of Radioactive
Materials as defined in 49 CFR part
173.403.’’ The Out-of-Service Criteria
provide uniform enforcement tolerances
for roadside inspections to enforcement
personnel nationwide, including
FMCSA’s State partners.
DATES: This final rule is effective March
25, 2020. The incorporation by reference
of certain publications listed in the
regulations is approved by the Director
of the Federal Register as of March 25,
2020.
Petitions for Reconsideration of this
final rule must be submitted to the
FMCSA Administrator no later than
March 25, 2020.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Huntley, Chief, Vehicle and
Roadside Operations Division, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE.,
16:25 Feb 21, 2020
3/25/2020
For access to docket FMCSA–2019–
0068 to read background documents and
comments received, go to https://
www.regulations.gov at any time, or to
Docket Operations at U.S. Department of
Transportation, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
[Docket No. FMCSA–2019–0068]
VerDate Sep<11>2014
*
1/3/2019
Final rule citation/date
Rulemaking Documents
49 CFR Part 385
SUMMARY:
EPA
effective
date
SUPPLEMENTARY INFORMATION:
Federal Motor Carrier Safety
Administration
lotter on DSKBCFDHB2PROD with RULES
State
effective
date
Rule No.
This rulemaking updates an
incorporation by reference found at 49
CFR 385.4(b)(1) and referenced at 49
CFR 385.415(b). Section 385.4(b)(1)
currently references the April 1, 2018,
edition of CVSA’s ‘‘North American
Standard Out-of-Service Criteria and
Level VI Inspection Procedures and Outof-Service Criteria for Commercial
Highway Vehicles Transporting
Transuranics and Highway Route
Controlled Quantities of Radioactive
Materials as defined in 49 CFR part
173.403.’’ The Out-of-Service Criteria,
while not regulations, provide uniform
enforcement tolerances for roadside
inspections to enforcement personnel
nationwide, including FMCSA’s State
partners. In this final rule, FMCSA
incorporates by reference the April 1,
2019, edition.
Thirteen updates distinguish the
April 1, 2019, handbook edition from
the 2018 edition. The updates are all
described in detail in the October 2,
2019 notice of proposed rulemaking
(NPRM) for this rule (85 FR at 52434–
36). The incorporation by reference of
the 2019 edition does not impose new
regulatory requirements.
III. Legal Basis for the Rulemaking
Congress has enacted several statutory
provisions to ensure the safe
transportation of hazardous materials in
interstate commerce. Specifically, in
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Comments
*
The EPA is not acting on
(D)(i)(I) Prong 1, and
(D)(i)(I) Prong 2. The
EPA is disapproving
(D)(i)(II) Prong 4.
provisions codified at 49 U.S.C. 5105(d),
relating to inspections of motor vehicles
carrying certain hazardous material, and
49 U.S.C. 5109, relating to motor carrier
safety permits, the Secretary of
Transportation is required to
promulgate regulations as part of a
comprehensive safety program on
hazardous materials safety permits. The
FMCSA Administrator has been
delegated authority under 49 CFR
1.87(d)(2) to carry out the rulemaking
functions vested in the Secretary of
Transportation. Consistent with that
authority, FMCSA has promulgated
regulations to address the congressional
mandate on hazardous materials. Those
regulations on hazardous materials are
the underlying provisions to which the
material incorporated by reference
discussed in this final rule is applicable.
IV. Background
In 1986, the U.S. Department of
Energy and CVSA entered into a
cooperative agreement to develop a
higher level of inspection procedures,
out-of-service conditions and/or criteria,
an inspection decal, and a training and
certification program for inspectors to
conduct inspections on shipments of
transuranic waste and highway route
controlled quantities of radioactive
material. CVSA developed the North
American Standard Level VI Inspection
Program for Transuranic Waste and
Highway Route Controlled Quantities of
Radioactive Material. This inspection
program for select radiological
shipments includes inspection
procedures, enhancements to the North
American Standard Level I Inspection,
radiological surveys, CVSA Level VI
decal requirements, and the ‘‘North
American Standard Out-of-Service
Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR part 173.403.’’ As of January 1,
2005, all vehicles and carriers
transporting highway route controlled
quantities of radioactive material are
regulated by the U.S. Department of
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]]>Agencies
[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10304-10307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03026]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0419; FRL-10004-97-Region 8]
Approval and Promulgation of Implementation Plans; Infrastructure
Requirements for the 2015 Ozone National Ambient Air Quality Standards;
Wyoming
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is acting on
multiple elements of State Implementation Plan (SIP) revisions from the
State of Wyoming to demonstrate that the State meets infrastructure
requirements of Clean Air Act (CAA) section 110(a) for the 2015 ozone
National Ambient Air Quality Standard (NAAQS). Section 110(a) of the
CAA requires that each state submit a SIP for the implementation,
maintenance and
[[Page 10305]]
enforcement of each NAAQS promulgated by the EPA.
DATES: This rule is effective on March 25, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0419. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Clayton Bean, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, (303) 312-6143, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
On March 12, 2008, the EPA promulgated a new NAAQS for ozone,
revising the levels of primary and secondary 8-hour ozone standards
from 0.08 parts per million (ppm) to 0.075 ppm (73 FR 16436). More
recently, on October 1, 2015, the EPA promulgated and revised the NAAQS
for ozone, further strengthening the primary and secondary 8-hour
standards to 0.070 ppm (80 FR 65292). The October 1, 2015 standards are
known as the 2015 ozone NAAQS.
Section 110(a)(1) of the CAA directs each state to make an
infrastructure SIP submission to the EPA within 3 years of promulgation
of a new or revised NAAQS. Infrastructure requirements for SIPs are
provided 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. The elements that are the subject of this action are described
in detail in our notice of proposed rulemaking (NPRM) published on
December 4, 2019 (84 FR 66352) for the State of Wyoming's
infrastructure SIP revision, submitted to the EPA on January 3, 2019.
II. Response to Comments
Comments on our December 4, 2019 NPRM were due on or before January
3, 2020. The EPA received two comments. The first comment was
supportive of the proposed action. The second comment is discussed
below.
Comment: The commenter appears to oppose approval of Wyoming's
infrastructure SIP submission on the basis that it ``would mean that
Wyoming could build three new state dams,'' and that the EPA cannot
confirm ``whether Wyoming has adequate regulations or authority or
enforcement power in its SIP.'' The commenter also requests that the
EPA ``check whether Wyoming has adequate funding to enforce its rules
against powerful coal companies and the coal lobby of Wyoming'' and
that EPA, ``disavow this SIP until all dams and hydroelectric power is
rerouted to solar and wind power.''
Response: The commenter largely discusses subjects outside the
scope of an infrastructure SIP action, and does not explain, nor
provide a legal basis for disapproval. Although the commenter states
that a determination of whether Wyoming has adequate regulations,
authority, or enforcement power in its SIP should be based upon
``rerouting of power,'' the EPA notes that Wyoming's 2015 ozone NAAQS
submittal was reviewed and found adequate to provide for the
implementation, maintenance and enforcement of the subject NAAQS.
Specifically, as thoroughly discussed in our analysis of the NPRM,
Wyoming's SIP-approved Legal Authority Document (37 FR 10832, May 31,
1972) (see also 40 CFR 52.2620(e), Rule No. (02) II; 41 FR 36652, Aug.
31, 1976) confirms that the State has adequate legal authority to
enforce applicable laws, regulations and standards; to seek injunctive
relief; and to prevent construction, modification, or operation of any
stationary source at any location where emissions from such source will
prevent the attainment or maintenance of a national standard or
interfere with PSD requirements. Commenter has not identified any
specific deficiencies in that finding or identified specific ways in
which dams, hydroelectric, solar, or wind power would change that
assessment.
Lastly, as to the commenter's request that the EPA check ``whether
Wyoming has adequate funding to enforce its rules against powerful coal
companies and the coal lobby of Wyoming,'' we note again that during
our review of the State's submittal, we found that Wyoming does have
adequate funding to carry out its SIP obligations and requirements.
Specifically, and reiterating our analysis of Wyoming's submittal, the
State receives CAA sections 103 and 105 grant funds through its
Performance Partnership Agreement (PPA) along with required state
matching funds to provide the funding necessary to carry out Wyoming's
SIP requirements. Wyoming's PPA with the EPA (available for review in
the docket) documents resources needed to carry out agreed upon
environmental program goals, measures, and commitments, including
developing and implementing appropriate SIPs for all areas of the
State. The EPA and Wyoming annually update these grant commitments
based on current SIP requirements, air quality planning, and applicable
requirements related to the NAAQS. Furthermore, Wyoming Air Quality
Standards and Regulations (WAQSR) Chapter 6, section 2(a)(v), Permit
for construction, modification, operation, requires the owner and
operator of each new major source or major modification to pay a fee
sufficient to cover the cost of reviewing and acting on permit
applications. Collectively, these WAQSR rules and PPA commitments
provide satisfactory evidence that the State has adequate funding and
legal authority to carry out the SIP and related issues. This funding
and legal authority extends to all regulated emission sources,
independent of any specific industry--be it the coal industry or any
other CAA regulated industry.
III. Final Action
The EPA is approving the following CAA section 110(a)(2)
infrastructure elements of Wyoming's January 3, 2019 infrastructure SIP
submission for the 2015 ozone NAAQS: (A), (B), (C), (D)(i)(II) Prong 3
Interstate transport--prevention of significant deterioration, (D)(ii),
(E), (F), (G), (H), (J), (K), (L) and (M). The EPA is not taking action
at this time on (D)(i)(I) Prong 1 Interstate transport--significant
contribution, and (D)(i)(I) Prong 2 Interstate transport--interference
with maintenance; we intend to address (D)(i)(I) Prongs 1 and 2 in a
separate, future action.
Finally, the EPA is also disapproving element (D)(i)(II) Prong 4
Interstate transport--visibility. CAA section 110(c)(1) provides that
the EPA must promulgate a Federal Implementation Plan (FIP) within two
years after finding that a state has failed to make a required
submission or disapproving a state's SIP submission in whole or in
part, unless the EPA approves a SIP revision correcting the
deficiencies within that two-year period. As explained in our December
4, 2019 NPRM, this disapproval of prong 4 will not incur additional
practical consequences for the State or the EPA because the
[[Page 10306]]
existing FIP \1\ already in place, due to preexisting deficiencies,
satisfies the prong 4 requirements for this NAAQS. The aforementioned
actions are tabulated by section 110(a)(2) elements in Table 1 below.
---------------------------------------------------------------------------
\1\ See 79 FR 5032, January 30, 2014.
Table 1--Action Taken on WY Infrastructure SIP Submittal
------------------------------------------------------------------------
2015 Ozone NAAQS infrastructure SIP elements Wyoming
------------------------------------------------------------------------
(A): Emission Limits and Other Control Measures............. A
(B): Ambient Air Quality Monitoring/Data System............. A
(C): Program for Enforcement of Control Measures............ A
(D)(i)(I): Prong 1 Interstate Transport--significant NA
contribution...............................................
(D)(i)(I): Prong 2 Interstate Transport--interference with NA
maintenance................................................
(D)(i)(II): Prong 3 Interstate Transport--prevention of A
significant deterioration..................................
(D)(i)(II): Prong 4 Interstate Transport--visibility........ D
(D)(ii): Interstate and International Pollution Abatement... A
(E): Adequate Resources..................................... A
(F): Stationary Source Monitoring System.................... A
(G): Emergency Episodes..................................... A
(H): Future SIP revisions................................... A
(J): Consultation with Government Officials, Public A
Notification, PSD and Visibility Protection................
(K): Air Quality and Modeling/Data.......................... A
(L): Permitting Fees........................................ A
(M): Consultation/Participation by Affected Local Entities.. A
------------------------------------------------------------------------
In the table above, the key is as follows:
A--Approve.
D--Disapprove.
NA--No Action. We intend to address the element in a separate rulemaking
action.
IV. Statutory and Executive Order Reviews
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 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);
This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, 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, 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
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 24, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
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.
Dated: February 10, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ--Wyoming
0
2. In Sec. 52.2620, the table in paragraph (e) is amended by adding
the entry ``(34) XXXIV'' in numerical order to read as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(e) * * *
[[Page 10307]]
----------------------------------------------------------------------------------------------------------------
State EPA
Rule No. Rule title effective effective Final rule Comments
date date citation/date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(34) XXXIV.................... Infrastructure 1/3/2019 3/25/2020 [insert Federal The EPA is not
SIP for section Register acting on
110(a)(2)--2015 citation], 2/24/ (D)(i)(I) Prong
Ozone NAAQS. 2020. 1, and
(D)(i)(I) Prong
2. The EPA is
disapproving
(D)(i)(II)
Prong 4.
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[FR Doc. 2020-03026 Filed 2-21-20; 8:45 a.m.]
BILLING CODE 6560-50-P
