Approval and Promulgation of Implementation Plans; Wyoming; Regional Haze 5-Year Progress Report State Implementation Plan, 38325-38327 [2020-13144]
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Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Rules and Regulations
(1) The board and care home or
assisted living facility must have no less
than one full bathroom provided for
every four residents; and
(2) Bathroom access from any
bedroom or sleeping area must not pass
through a public corridor or area.
(b) Exemption for existing projects
providing memory care. The following
applies to a board and care home or
assisted living facility that provides
housing for residents in need of memory
care, i.e., care for residents who have
cognitive impairments, such as
Alzheimer’s disease or other dementias:
(1) Subject to paragraph (b)(2) of this
section, a project seeking insurance
under subpart E, pursuant to section
223(f) or 223(a)(7) of the National
Housing Act, may be eligible for
insurance without meeting the general
requirement in paragraph (a) of this
section, if the project meets the
following four requirements:
(i) Memory care residents are in a
separate, secured, and locked area of the
board and care home or assisted living
facility;
(ii) Any bathroom access from a
memory care resident’s bedroom or
sleeping area that passes through a
public corridor or area is in a separate,
secured, and locked area of the board
and care home or assisted living facility
prescribed in (b)(1)(i) of this section;
(iii) Memory care residents receive
full assistance or supervision while
bathing; and
(iv) Memory care residents reside in
wards that contain no more than two
beds per unit and have a half-bath in
each unit.
(2) If a facility serving memory care
residents also serves residents who are
not in a separate, secured, and locked
area of the board and care home or
assisted living facility, this exemption
applies only to the separate, secured,
and locked area in which solely memory
care residents reside.
Dated: June 11, 2020.
Brian D. Montgomery,
Deputy Secretary.
[FR Doc. 2020–13090 Filed 6–25–20; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT of EDUCATION
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34 CFR Part 600
Institutional Eligibility Under the
Higher Education Act of 1964, as
Amended
CFR Correction
In Title 34 of the Code of Federal
Regulations, Parts 400 to 679, revised as
■
VerDate Sep<11>2014
16:24 Jun 25, 2020
Jkt 250001
of July 1, 2019, on page 87, in § 600.9,
paragraph (d) is reinstated to read as
follows:
§ 600.9
State authorization.
*
*
*
*
*
(d) An additional location or branch
campus of an institution that meets the
requirements under paragraph (a)(1) of
this section and that is located in a
foreign country, i.e., not in a State, must
comply with §§ 600.8, 600.10, 600.20,
and 600.32, and the following
requirements:
(1) For any additional location at
which 50 percent or more of an
educational program (as defined in
§ 600.2) is offered, or will be offered, or
at a branch campus—
(i) The additional location or branch
campus must be legally authorized by
an appropriate government authority to
operate in the country where the
additional location or branch campus is
physically located, unless the additional
location or branch campus is physically
located on a U.S. military base, facility,
or area that the foreign country has
granted the U.S. military to use and the
institution can demonstrate that it is
exempt from obtaining such
authorization from the foreign country;
(ii) The institution must provide to
the Secretary, upon request,
documentation of such legal
authorization to operate in the foreign
country, demonstrating that the foreign
governmental authority is aware that the
additional location or branch campus
provides postsecondary education and
that the government authority does not
object to those activities;
(iii) The additional location or branch
campus must be approved by the
institution’s recognized accrediting
agency in accordance with §§ 602.24(a)
and 602.22(a)(2)(viii), as applicable;
(iv) The additional location or branch
campus must meet any additional
requirements for legal authorization in
that foreign country as the foreign
country may establish;
(v) The institution must report to the
State in which the main campus of the
institution is located at least annually,
or more frequently if required by the
State, the establishment or operation of
each foreign additional location or
branch campus; and
(vi) The institution must comply with
any limitations the State places on the
establishment or operation of the foreign
additional location or branch campus.
(2) An additional location at which
less than 50 percent of an educational
program (as defined in § 600.2) is
offered or will be offered must meet the
requirements for legal authorization in
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that foreign country as the foreign
country may establish.
(3) In accordance with the
requirements of 34 CFR 668.41, the
institution must disclose to enrolled and
prospective students at foreign
additional locations and foreign branch
campuses the information regarding the
student complaint process described in
34 CFR 668.43(b), of the State in which
the main campus of the institution is
located.
(4) If the State in which the main
campus of the institution is located
limits the authorization of the
institution to exclude the foreign
additional location or branch campus,
the foreign additional location or branch
campus is not considered to be legally
authorized by the State.
[FR Doc. 2020–13899 Filed 6–25–20; 8:45 am]
BILLING CODE 1301–00–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0623; FRL–10010–
53–Region 8]
Approval and Promulgation of
Implementation Plans; Wyoming;
Regional Haze 5-Year Progress Report
State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a regional
haze progress report State
Implementation Plan (SIP) revision
submitted by the State of Wyoming on
November 28, 2017. The revision
addresses the requirements for states to
submit periodic reports describing
progress toward reasonable progress
goals established for regional haze and
a determination of adequacy of the
State’s existing regional haze SIP and
federal implementation plan (FIP). The
EPA is taking this action pursuant to
section 110 of the Clean Air Act (CAA).
DATES: This rule is effective on July 27,
2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0623. 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
SUMMARY:
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Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Rules and Regulations
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 call or
email the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6252, dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
Under the Regional Haze Rule, states
are required to submit progress reports
that evaluate progress towards the
reasonable progress goals for each
mandatory Federal Class I area within
the state and in each Class I area outside
the state that may be affected by
emissions from within the state.1 In
addition, the provisions also require
states to submit, at the same time as the
progress report, a determination of the
adequacy of the state’s existing regional
haze plan. The first progress report must
be in the form of a SIP revision and is
due 5 years after submittal of the initial
regional haze SIP.
On November 28, 2017, Wyoming
submitted a Progress Report SIP revision
which: (1) Detailed the progress made
toward achieving progress for improving
visibility at Class I areas,2 and (2)
declared a determination of adequacy of
the State’s regional haze plan to meet
reasonable progress goals.
On April 17, 2020, the EPA published
a proposed rulemaking titled ‘‘Approval
and Promulgation of Implementation
Plans; Wyoming; Regional Haze 5-Year
Progress Report State Implementation
Plan’’ proposing to approve Wyoming’s
1 40
CFR 51.309(d)(10).
U.S.C. 7491(a). Areas designated as
mandatory Class I Federal areas consist of national
parks exceeding 6,000 acres, wilderness areas and
national memorial parks exceeding 5,000 acres, and
all international parks that were in existence on
August 7, 1977. 42 U.S.C. 7472(a). In accordance
with section 169A of the CAA, EPA, in consultation
with the Department of Interior, promulgated a list
of 156 areas where visibility is identified as an
important value. 44 FR 69122 (November 30, 1979).
The extent of a mandatory Class I area includes
subsequent changes in boundaries, such as park
expansions. 42 U.S.C. 7472(a). Although states and
tribes may designate as Class I additional areas
whose visibility they consider to be an important
value, the requirements of the visibility program set
forth in section 169A of the CAA apply only to
‘‘mandatory Class I Federal areas.’’ Each mandatory
Class I Federal area is the responsibility of a
‘‘Federal Land Manager.’’ 42 U.S.C. 7602(i). When
we use the term ‘‘Class I area’’ in this section, we
mean a ‘‘mandatory Class I Federal area.’’
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2 42
VerDate Sep<11>2014
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Jkt 250001
Progress Report SIP revision.3 The
rationale for the EPA’s proposed action
is explained in the proposed rulemaking
and will not be restated here. The EPA
is finalizing its proposed approval of the
Progress Report as meeting the
applicable regional haze requirements
set forth in 40 CFR 51.309(d)(10).
II. Response to Comments
We did not receive any comments on
our proposed rulemaking during the
public comment period.
III. Final Action
The EPA is finalizing approval of
Wyoming’s November 28, 2017,
Regional Haze Progress Report as
meeting the applicable regional haze
requirements set forth in 40 CFR
51.309(d)(10).
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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted 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, 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
3 85
PO 00000
FR 21341 (April 17, 2020).
Frm 00054
Fmt 4700
Sfmt 4700
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).
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. 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 August 25, 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,
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Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Rules and Regulations
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
*
1. The authority citation for part 52
continues to read as follows:
2. In § 52.2620, the table in paragraph
(e) is amended by revising the entry
‘‘(32) XXXII’’ to read as follows:
■
State
effective
date
Rule title
*
(32) XXXII .........
*
*
Wyoming State Implementation
Plan 5-Year Progress Report for
Regional Haze.
*
BILLING CODE 6560–50–P
EPA
effective
date
*
11/17/2017
*
[FR Doc. 2020–13144 Filed 6–25–20; 8:45 am]
7/27/2020
Final rule citation/date
*
*
[insert Federal Register citation],
6/26/2020.
*
*
40 CFR Part 52
[EPA–R01–OAR–2019–0220; FRL–10011–
42–Region 1]
Air Plan Approval; Massachusetts;
Negative Declaration for the Oil and
Gas Industry; Withdrawal of Direct
Final Rule
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of adverse
comments, the Environmental
Protection Agency (EPA) is withdrawing
the May 18, 2020 direct final rule
approving a State Implementation Plan
(SIP) revision submitted by the
Commonwealth of Massachusetts.
Massachusetts’ SIP revision provided a
negative declaration for EPA’s 2016
Control Technique Guideline for the oil
and gas industry. This action is being
taken in accordance with the Clean Air
Act.
DATES: The direct final rule published at
85 FR 29628 on May 18, 2020 is
withdrawn effective June 26, 2020.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Environmental Protection
Specialist, Air and Radiation Division
(Mail Code 05–2), U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, Suite 100, Boston,
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*
Comments
*
*
Massachusetts 02109–3912; (617) 918–
1660. garcia.ariel@epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
In the
direct final rule, EPA stated that if
adverse comments were submitted by
June 17, 2020, the rule would be
withdrawn and not take effect. EPA
received adverse comments prior to the
close of the comment period and,
therefore, is withdrawing the direct final
rule. EPA will address the comments in
a subsequent final action based upon
the proposed rule also published on
May 18, 2020 (85 FR 29678). EPA will
not institute a second comment period
on this action.
40 CFR Parts 52 and 81
List of Subjects in 40 CFR Part 52
The Environmental Protection
Agency (EPA) is approving the Limited
Maintenance Plan (LMP) for the
Columbia Falls, Kalispell and Libby
nonattainment areas (NAAs) and the
State’s request to redesignate the
Columbia Falls, Kalispell and Libby
NAAs from nonattainment to attainment
for the 1987 24-hour particulate matter
with an aerodynamic diameter less than
or equal to a nominal 10 micrometers
(PM10) National Ambient Air Quality
Standard (NAAQS). Additionally, the
EPA is determining that the Libby and
Kalispell NAAs have attained the PM10
NAAQS based on monitoring data from
calendar years 2016–2018. On January
31, 2011, the EPA determined that the
Columbia Falls NAA attained the PM10
NAAQS. The EPA is also approving the
Columbia Falls, Kalispell and Libby
LMP as meeting the appropriate
transportation conformity requirements.
The EPA is taking this action pursuant
to the Clean Air Act (CAA).
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
16:24 Jun 25, 2020
*
■
Rule No.
VerDate Sep<11>2014
*
Subpart ZZ—Wyoming
For the reasons set forth in the
preamble, the EPA amends 40 CFR part
52 as follows:
SUMMARY:
Identification of plan.
*
*
(e) * * *
Authority: 42 U.S.C. 7401 et seq.
Dated: June 12, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
*
§ 52.2620
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: June 22, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Accordingly, the amendments to 40
CFR 52.1120 published on May 18, 2020
(85 FR 29630), are withdrawn effective
June 26, 2020.
■
[FR Doc. 2020–13788 Filed 6–25–20; 8:45 am]
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[EPA–R08–OAR–2019–0690; FRL–10010–
18–Region 8]
Air Quality State Implementation
Plans; Approvals and Promulgations:
Montana; Columbia Falls, Kalispell and
Libby PM10 Nonattainment Area
Limited Maintenance Plan and
Redesignation Request
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Rules and Regulations]
[Pages 38325-38327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13144]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0623; FRL-10010-53-Region 8]
Approval and Promulgation of Implementation Plans; Wyoming;
Regional Haze 5-Year Progress Report State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
regional haze progress report State Implementation Plan (SIP) revision
submitted by the State of Wyoming on November 28, 2017. The revision
addresses the requirements for states to submit periodic reports
describing progress toward reasonable progress goals established for
regional haze and a determination of adequacy of the State's existing
regional haze SIP and federal implementation plan (FIP). The EPA is
taking this action pursuant to section 110 of the Clean Air Act (CAA).
DATES: This rule is effective on July 27, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0623. 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
[[Page 38326]]
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 call or email the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6252, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
Under the Regional Haze Rule, states are required to submit
progress reports that evaluate progress towards the reasonable progress
goals for each mandatory Federal Class I area within the state and in
each Class I area outside the state that may be affected by emissions
from within the state.\1\ In addition, the provisions also require
states to submit, at the same time as the progress report, a
determination of the adequacy of the state's existing regional haze
plan. The first progress report must be in the form of a SIP revision
and is due 5 years after submittal of the initial regional haze SIP.
---------------------------------------------------------------------------
\1\ 40 CFR 51.309(d)(10).
---------------------------------------------------------------------------
On November 28, 2017, Wyoming submitted a Progress Report SIP
revision which: (1) Detailed the progress made toward achieving
progress for improving visibility at Class I areas,\2\ and (2) declared
a determination of adequacy of the State's regional haze plan to meet
reasonable progress goals.
---------------------------------------------------------------------------
\2\ 42 U.S.C. 7491(a). Areas designated as mandatory Class I
Federal areas consist of national parks exceeding 6,000 acres,
wilderness areas and national memorial parks exceeding 5,000 acres,
and all international parks that were in existence on August 7,
1977. 42 U.S.C. 7472(a). In accordance with section 169A of the CAA,
EPA, in consultation with the Department of Interior, promulgated a
list of 156 areas where visibility is identified as an important
value. 44 FR 69122 (November 30, 1979). The extent of a mandatory
Class I area includes subsequent changes in boundaries, such as park
expansions. 42 U.S.C. 7472(a). Although states and tribes may
designate as Class I additional areas whose visibility they consider
to be an important value, the requirements of the visibility program
set forth in section 169A of the CAA apply only to ``mandatory Class
I Federal areas.'' Each mandatory Class I Federal area is the
responsibility of a ``Federal Land Manager.'' 42 U.S.C. 7602(i).
When we use the term ``Class I area'' in this section, we mean a
``mandatory Class I Federal area.''
---------------------------------------------------------------------------
On April 17, 2020, the EPA published a proposed rulemaking titled
``Approval and Promulgation of Implementation Plans; Wyoming; Regional
Haze 5-Year Progress Report State Implementation Plan'' proposing to
approve Wyoming's Progress Report SIP revision.\3\ The rationale for
the EPA's proposed action is explained in the proposed rulemaking and
will not be restated here. The EPA is finalizing its proposed approval
of the Progress Report as meeting the applicable regional haze
requirements set forth in 40 CFR 51.309(d)(10).
---------------------------------------------------------------------------
\3\ 85 FR 21341 (April 17, 2020).
---------------------------------------------------------------------------
II. Response to Comments
We did not receive any comments on our proposed rulemaking during
the public comment period.
III. Final Action
The EPA is finalizing approval of Wyoming's November 28, 2017,
Regional Haze Progress Report as meeting the applicable regional haze
requirements set forth in 40 CFR 51.309(d)(10).
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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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, 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).
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. 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 August 25, 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,
[[Page 38327]]
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: June 12, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
For the reasons set forth in the preamble, the EPA amends 40 CFR
part 52 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 revising
the entry ``(32) XXXII'' to read as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State EPA effective Final rule
Rule No. Rule title effective date date citation/date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(32) XXXII............ Wyoming State 11/17/2017 7/27/2020 [insert Federal
Implementation Register
Plan 5-Year citation], 6/26/
Progress Report 2020.
for Regional
Haze.
* * * * * * *
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[FR Doc. 2020-13144 Filed 6-25-20; 8:45 am]
BILLING CODE 6560-50-P
