[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Rules and Regulations]
[Pages 45607-45609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18515]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0187; FRL-9931-38-Region 8]


Approval and Promulgation of Implementation Plans; Wyoming; 
Revisions to SO2 Ambient Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve changes to Wyoming's State Implementation Plan 
(SIP) that update its ambient air quality standards with regard to the 
1-hour sulfur dioxide (SO2) and secondary SO2 
National Ambient Air Quality Standards (NAAQS). On February 7, 2014, 
the Wyoming Department of Environmental Quality (WDEQ) submitted to EPA 
revisions to the Wyoming SIP. Specifically, the State revised Wyoming 
Air Quality Standards and Regulations (WAQSR) Chapter 2, Section 4, 
``Ambient standards for sulfur oxides.'' In this action, EPA is taking 
direct final action to approve some of the revisions provided in that 
SIP submission. This action is being taken in accordance with section 
110 of the Clean Air Act (CAA).

DATES: This rule is effective on September 29, 2015 without further 
notice, unless EPA receives adverse comment by August 31, 2015. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit comments to EPA Region 8, Office of Partnerships and 
Regulatory Assistance, Air Program, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
    Docket: The EPA has established a docket for this action under 
Docket Identification Number EPA-R08-OAR-2014-0187. All documents in 
the docket are listed on the http://www.regulations.gov Web site. 
Although listed in the index, some information may not be publicly 
available, i.e., Confidential Business Information or other information 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in the hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at EPA Region 8, Office of 
Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that you contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. The Regional Office's official hours 
of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding 
federal holidays. An electronic copy of the State's SIP compilation is 
also available at http://www.epa.gov/region8/air/sip.html.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, EPA, Region 
8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 
(303) 312-6227, [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit this information to EPA through www.regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark 
the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that

[[Page 45608]]

is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Background

    Based on its review of the air quality criteria for oxides of 
sulfur and the primary NAAQS for oxides of sulfur as measured by 
SO2, the EPA promulgated a revised primary SO2 
NAAQS on June 22, 2010 (75 FR 35520-35603). Specifically, the EPA 
established a 1-hour primary SO2 standard of 75 parts per 
billion (ppb), based on the 3-year average of the annual 99th 
percentile of 1-hour daily maximum concentrations. On May 22, 1996, EPA 
promulgated a 3-hour secondary SO2 standard of 0.5 parts per 
million (ppm), not to be exceeded more than once per calendar year (61 
FR 25580).
    On February 7, 2014, the WDEQ submitted to EPA SIP revisions 
updating WAQSR Chapter 2, ``Ambient Standards,'' Section 4, ``Ambient 
standards for sulfur oxides.'' The State revised this chapter to 
incorporate the 2010 1-hour SO2 standard into the Wyoming 
SIP and updated the secondary 3-hour SO2 standard of 0.5 
parts per million (ppm), not to be exceeded more than once per calendar 
year.

III. Wyoming Revisions and EPA Analysis

    As noted, the State revised WAQSR Chapter 2, Section 4 to adopt the 
2010 1-hour SO2 standard. The language Wyoming incorporated 
into Chapter 2, Section 4, part (b) adopts the same language found at 
40 CFR 50.17, (``National primary ambient air quality standards for 
sulfur oxides (sulfur dioxide)).'' EPA is taking direct final action to 
approve this addition into the Wyoming SIP.
    Finally, Wyoming adopted the secondary 3-hour SO2 
standard into WAQSR Chapter 2, Section 4, part (c). This provision 
adopts the same language found at 40 CFR 50.5 (``National secondary 
ambient air quality standard for sulfur oxides (sulfur dioxide))'' into 
the WAQSR. EPA is taking direct final action to approve the addition of 
this language into the Wyoming SIP.

IV. EPA's Direct Final Action

    EPA is taking direct final action to approve revisions, submitted 
on February 7, 2014, to WAQSR Chapter 2, ``Ambient Standards,'' Section 
4, ``Ambient standards for sulfur oxides,'' because these revisions are 
consistent with the federal regulations provided in 40 CFR part 50, 
sections 5 and 17. In particular, we are approving proposed revisions 
to WAQSR Chapter 2, Section 4(a)(iii), 4(b), (b)(i), (b)(ii), (c), 
(c)(i), and (c)(ii). EPA is not taking action on proposed revisions to 
WAQSR Chapter 2, Section 4(a), 4(a)(i) and (a)(ii) in this rulemaking.

V. 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 WDEQ 
rules described in the amendments to 40 CFR part 52 set forth in this 
document. 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).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
actions, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this direct final action merely approves state law 
provisions as meeting federal requirements and does not propose 
additional requirements beyond those imposed by state law.
    For that reason, this direct final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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

[[Page 45609]]

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 rule 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 September 29, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: July 1, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority for citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart ZZ--Wyoming

0
2. In Sec.  52.2620, the table titled ``State of Wyoming Regulations'' 
in paragraph (c)(1) is amended under Chapter 2 by revising the entry 
for section 4 to read as follows:


Sec.  52.2620  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

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                                                    State adopted and    EPA approval date
       State citation            Title/subject        effective date      and citation \1\       Explanations
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                                                    Chapter 2
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Section 4...................  Ambient standards    10/5/2012, 12/19/    7/31/15, [insert     ...................
                               for sulfur oxides.   2012.                Federal Register
                                                                         citation].
 
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\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

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[FR Doc. 2015-18515 Filed 7-30-15; 8:45 am]
 BILLING CODE 6560-50-P