[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47857-47859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19501]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0351; FRL-9932-05-Region 8]


Approval and Promulgation of State Implementation Plans; State of 
Wyoming; Interstate Transport of Pollution for the 2006 24-Hour 
PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of an August 19, 2011 State Implementation Plan (SIP) 
submission from the State of Wyoming that are intended to demonstrate 
that its SIP meets certain interstate transport requirements of the 
Clean Air Act (Act or CAA) for the 2006 24-hour fine particulate matter 
(PM2.5) National Ambient Air Quality Standards (NAAQS). This 
submission addresses the requirement that Wyoming's SIP contain 
adequate provisions prohibiting air emissions that will have certain 
adverse air quality effects in other states. Specifically, EPA is 
approving the portion of the Wyoming SIP submission that addresses the 
significant contribution to nonattainment and interference with 
maintenance transport requirements for the 2006 24-hour 
PM2.5 NAAQS. EPA is also approving the interference with 
prevention of significant deterioration (PSD) of air quality transport 
requirement for this NAAQS. EPA is not acting on the interference with 
visibility transport requirement at this time and will address the 
visibility requirement for this NAAQS in a separate future action.

DATES: This final rule is effective on September 9, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2012-0351. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose

[[Page 47858]]

disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Air Program, Environmental 
Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129. EPA requests that if at all possible, you contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. You may view the hard copy of the 
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-7104, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

A. 2006 PM2.5 NAAQS and Interstate Transport

    On September 21, 2006, EPA promulgated a final rule revising the 
1997 24-hour primary and secondary NAAQS for PM2.5 from 65 
micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\ (October 
17, 2006, 71 FR 61144).
    Section 110(a)(1) of the CAA requires each state to submit to EPA, 
within three years (or such shorter period as the Administrator may 
prescribe) after the promulgation of a primary or secondary NAAQS or 
any revision thereof, a SIP that provides for the ``implementation, 
maintenance, and enforcement'' of such NAAQS. EPA refers to these 
specific submittals as ``infrastructure'' SIPs because they are 
intended to address basic structural SIP requirements for new or 
revised NAAQS. For the 2006 24-hour PM2.5 NAAQS, these 
infrastructure SIPs were due on September 21, 2009. CAA section 
110(a)(2) includes a list of specific elements that ``[e]ach such plan 
submission'' must meet.
    The interstate transport provisions in CAA section 110(a)(2)(D)(i) 
(also called ``good neighbor'' provisions) require each state to submit 
a SIP that prohibits emissions that will have certain adverse air 
quality effects in other states. CAA section 110(a)(2)(D)(i) identifies 
four distinct elements related to the impacts of air pollutants 
transported across state lines. The two elements under 
110(a)(2)(D)(i)(I) require SIPs to contain adequate provisions to 
prohibit any source or other type of emissions activity within the 
state from emitting air pollutants that will (element 1) contribute 
significantly to nonattainment in any other state with respect to any 
such national primary or secondary NAAQS, and (element 2) interfere 
with maintenance by any other state with respect to the same NAAQS. The 
two elements under 110(a)(2)(D)(i)(II) require SIPs to contain adequate 
provisions to prohibit emissions that will interfere with measures 
required to be included in the applicable implementation plan for any 
other state under part C (element 3) to prevent significant 
deterioration of air quality or (element 4) to protect visibility.
    On August 19, 2011, the Wyoming Department of Environmental Quality 
(WDEQ) made a submission certifying that Wyoming's SIP is adequate to 
implement the 2006 24-hour PM2.5 NAAQS for all the 
``infrastructure'' requirements of CAA section 110(a)(2).\1\ On April 
23, 2015, WDEQ sent EPA a letter clarifying its August 19, 2011 
submission with regard to elements 1-3 of CAA section 
110(a)(2)(D)(i).\2\ EPA proposed approval of 110(a)(2)(D)(i) elements 
1-3 of Wyoming's August 19, 2011 submission on May 18, 2015 (80 FR 
28209).
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    \1\ WDEQ's certification letter, dated August 19, 2011 is 
included in the docket for this action.
    \2\ Wyoming's clarification letter is available in the docket 
for this action. Wyoming's May 3, 2007 Interstate Transport SIP can 
be found in the docket for that action (EPA-R08-OAR-2007-0648).
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II. Response to Comments

    EPA did not receive any comments on the May 18, 2015 proposal.

III. Final Rule

    EPA is approving the 110(a)(2)(D)(i)(I) portion of Wyoming's August 
19, 2011 submission. We are approving elements 1 and 2 of this portion 
of the submission based on EPA's supplemental evaluation of relevant 
technical information, which supports a finding that emissions from 
Wyoming do not significantly contribute to nonattainment or interfere 
with maintenance of the 2006 24-hour PM2.5 NAAQS in any 
other state and that the existing Wyoming SIP is, therefore, adequate 
to meet the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 
24-hour PM2.5 NAAQS.
    EPA is also approving element 3 of 110(a)(2)(D)(i) from Wyoming's 
August 19, 2011 submission, based on a finding that the Wyoming SIP is 
adequate to meet the PSD requirement of CAA section 
110(a)(2)(D)(i)(II).

IV. Statutory and Executive Orders Review

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

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specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 9, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: July 23, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart ZZ--Wyoming

0
2. Section 52.2620 is amended in paragraph (e) by:
0
a. Adding entry XXIV at the end of the table; and
0
b. Removing the first instance of footnote 3.
    The addition reads as follows:


Sec.  52.2620  Identification of plan.

* * * * *
    (e) * * *

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                                      Applicable
    Name of nonregulatory SIP     geographic or non-    State submittal    EPA approval date     Explanations
            provision               attainment area   date/ adopted date   and citation \3\
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                                                  * * * * * * *
XXIV. Interstate Transport.       Statewide.........  Submitted: 8/19/    8/10/2015.........  No action on
 Wyoming Interstate Transport                          2011.              [insert Federal      section
 SIP satisfying the requirement                                            Register page       110(a)(2)(D)(i)
 of Section 110(a)(2)(D)(i) of                                             number where        prong 4,
 the CAA for the 2006 PM2.5                                                document begins].   visibility.
 standards.
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\3\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

[FR Doc. 2015-19501 Filed 8-7-15; 8:45 am]
 BILLING CODE 6560-50-P