[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58397-58400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20315]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0377; FRL-9951-34-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Wyoming; Emission Inventory Rule for 2008 Ozone NAAQS and 
Revisions to Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions

[[Page 58398]]

submitted by the State of Wyoming on July 1, 2014. The submittal 
requests SIP revisions to the State's Incorporation by reference 
section as well as an administrative change in section numbering. The 
submittal also includes the addition of a section establishing 
requirements for the submittal of emission inventories from facilities 
or sources located in an ozone nonattainment area.

DATES: This rule is effective on October 24, 2016 without further 
notice, unless the EPA receives adverse comments by September 26, 2016. 
If adverse comments are received, the EPA will publish a timely 
withdrawal of this direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2016-0377, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. For 
additional information on submission of CBI, please see Section II.A 
below. Multimedia submissions (audio, video, etc.) must be accompanied 
by a written comment. The written comment is considered the official 
comment and should include discussion of all points you wish to make. 
The EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6385, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revisions if adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If the EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We anticipate that we would 
address all public comments in any subsequent final rule based on the 
proposed rule. The EPA will consider all comments received, if any, and 
take appropriate action in accordance with such comments.

II. What should I consider as I prepare my comments for the EPA?

    A. Submitting CBI. Do not submit this information to the 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 the 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 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.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     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.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

III. Analysis of the State Submittal

    In a July 1, 2014 submittal, Wyoming requested revisions affecting 
the SIP involving Chapter 8, Nonattainment Area Regulations, Section 5, 
Ozone nonattainment emission inventory rule, and Section 10, 
Incorporation by reference. Chapter 8, Section 5 of Wyoming's SIP was 
previously the Incorporation by reference section due to the fact that 
on August 15, 2013 the EPA approved a revision that reorganized Chapter 
8, and added Section 5 (78 FR 49685). In response to the July 1, 2014 
submittal, the EPA is now approving a change that will make Section 10 
the Incorporation by reference section instead of Section 5. In 
addition to this administrative change of the Wyoming Incorporation by 
reference section, the State is seeking to update the language by 
changing the date of the citation in this Incorporation by reference 
section from 2011 to 2012. The EPA approves these revisions.
    Moreover, since Chapter 8, Section 5 is now vacant, Wyoming is 
seeking to amend its SIP by adding a new emission inventory provision 
to Section 5. The Ozone Nonattainment Emission Inventory Rule is a new 
rule to establish requirements for the submittal of emissions 
inventories from facilities or sources located in an ozone 
nonattainment area pursuant to the requirements of the Clean Air Act 
(CAA), Section 182. The EPA approves this revision.

IV. What action is the EPA taking today?

    The EPA is taking direct final action to approve the SIP revisions 
submitted by the State of Wyoming on July 1, 2014. The EPA is approving 
the proposed SIP revisions as a direct final action without prior 
proposal because the agency views the revisions as noncontroversial and 
anticipates no adverse comments. However, in the Proposed Rules section 
of today's Federal Register publication, the EPA is publishing a 
separate document that will serve as the proposal to approve the SIP 
revisions if adverse comments are filed. This rule will be effective 
October 24, 2016 without further notice unless the Agency receives 
adverse comments by September 26, 2016. If the EPA

[[Page 58399]]

receives adverse comments, the EPA will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. The EPA will address all public comments in a subsequent final 
rule based on the proposed rule. The EPA will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. Please note that if the EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, the EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

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 
Wyoming rules described in the amendments to 40 CFR part 52 set forth 
later. Therefore, these materials have been approved by the EPA for 
inclusion in the State Implementation Plan, have been incorporated by 
reference by the EPA into that plan, are fully federally enforceable 
under Sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference by the Director of the Federal Register in the next update to 
the SIP compilation.\1\ The EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and/or 
at the EPA Region 8 Office (please contact the person identified in the 
For Further Information Contact section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
actions, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this direct final action merely approves a 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 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 
in a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. Section 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 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. Section 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 24, 2016. 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 the 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 Section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds, Incorporation by reference.

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

    Dated: August 11, 2016.
Debra Thomas,
Deputy 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

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2. Section 52.2620, the table in paragraph (c) is amended under 
``Chapter 08. Non-attainment Area Regulations.'' by revising the entry 
for ``Section 05'' and by adding, after ``Section 05'', a new entry for 
``Section 10'' to read as follows:

[[Page 58400]]

Sec.  52.2620  Identification of plan

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    (c) * * *

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                                                        State       EPA effective     Final rule
           Rule no.                 Rule title     effective date       date         citation/date     Comments
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                                                  * * * * * * *
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                                   Chapter 08. Non-attainment Area Regulations
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                                                  * * * * * * *
Section 05....................  Ozone                  11/22/2013     10/24/2016.  [Insert Federal
                                 nonattainment                                      Register
                                 emission                                           citation]. 8/25/
                                 inventory rule.                                    2016.
Section 10....................  Incorporation by       11/22/2013     10/24/2016.  [Insert Federal
                                 reference.                                         Register
                                                                                    citation]. 8/25/
                                                                                    2016.
 
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[FR Doc. 2016-20315 Filed 8-24-16; 8:45 am]
 BILLING CODE 6560-50-P