[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Proposed Rules]
[Pages 34811-34813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15481]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0389; FRL-9980-83--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Wyoming; Incorporation by Reference Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve eight State Implementation Plan (SIP) revisions submitted by 
the State of Wyoming, four submitted on March 27, 2017, and four 
submitted on March 28, 2018. The revisions include updates to 
incorporation by reference within several parts of the Wyoming Air 
Quality Standards and Regulations that are part of the SIP. Additional 
revisions are proposed that: (1) Correct an inconsistency regarding 
internal combustion engine nitrogen oxide requirements; (2) amend three 
state regulations to maintain consistency with federal regulations; and 
(3) update a state internet address.

DATES: Comments: Written comments must be received on or before August 
22, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2018-0389, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.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. 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.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. The 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: Chris Dresser, Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado, 80202-
1129, (303) 312-6385, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 17, 2016, and December 5, 2017, the Environmental 
Quality Council (EQC) of the Wyoming Department of Environmental 
Quality conducted public hearings pursuant to 40 CFR 51.102 to consider 
the adoption of revisions and additions to the Wyoming Air Quality 
Standards and Regulations. The EQC approved changes were submitted to 
the EPA for approval into Wyoming's State Implementation Plan (SIP) on 
March 27, 2017 (2017 Submittal) and March 28, 2018 (2018 Submittal). 
The SIP submittals include: (1) Chapter 8 Nonattainment Area 
Regulations, Section 10, Incorporation by reference (2017 Submittal); 
(2) Chapter 8, Nonattainment Area Regulations, Section 3, Conformity of 
general federal actions to state implementation plans (2018 Submittal), 
and Section 10, Incorporation by reference (2018 Submittal); (3) 
Chapter 6, Permitting Requirements, Section 4, Prevention of 
significant deterioration (2017 Submittal); (4) Chapter 6, Permitting 
Requirements, Section 14, Incorporation by reference (2018 Submittal); 
(5) Chapter 3, General Emission Standards, Section 3, Emission 
standards for nitrogen oxides (2017 Submittal); (6) Chapter 3, General 
Emission Standards, Section 9, Incorporation by reference (2018 
Submittal); and (7) Chapter 2, Ambient Standards, Section 6 (2017 
Submittal); (8) Chapter 2, Ambient standards for ozone, and Section 12, 
Incorporation by reference (2018 Submittal).
    The March 28, 2018 state submittals include requests to update the 
code of federal regulations (CFR) date of incorporation by reference to 
reflect the July 1, 2017 CFR, which supersedes the requested changes in 
the March 27, 2017 state submittals that incorporated by reference the 
July 1, 2016 CFR (Chapter 8, Nonattainment Area Regulations, Section 
10, Incorporation by reference; Chapter 6, Permitting Requirements, 
Section 14, Incorporation by reference; Chapter 3, General Emission 
Standards, Section 9, Incorporation by reference; Chapter 2, Ambient 
standards for ozone, Section 12, Incorporation by reference).

II. Analysis of the State's Submittal

    The EPA evaluated the proposed amendments to the Wyoming Air 
Quality Standards and Regulations submitted by the State of Wyoming on 
March 27, 2017, and March 28, 2018. The EPA notes that the 
incorporation by reference updates requested by Wyoming in the March 
27, 2017 submittal have been superseded by updates requested in their 
March 28, 2018 submittal and are not analyzed here. The subsequent 
analysis for each SIP submittal is as follows:
    (1) The State is requesting that the EPA correct a reference in 
Chapter 8, Nonattainment Area Regulations, Section 10, Incorporation by 
reference, to adopt by reference the July 1, 2016 CFR. This request has 
been superseded by the a more recent submittal which requests updates 
to Chapter 8, Section 10, described and analyzed in SIP submittal (2), 
as follows.
    (2) The State is requesting that the EPA correct a reference in 
Chapter 8, Nonattainment Area Regulations, Section 3, Conformity of 
general federal actions to state implementation plans. Specifically, 
the request includes a minor typographical correction to particulate 
matter to maintain consistency with federally approved language in 40 
CFR 93.158(a)(4); a change from ``PM10'' to ``PM'' in the 
State's rule Chapter 8, Section 3(h)(i)(D). The EPA finds that this 
update is necessary and appropriate. This action

[[Page 34812]]

also proposes to update Chapter 8, Nonattainment Area Regulations, 
Section 10, Incorporation by reference, to adopt by reference the July 
1, 2017 CFR. The State previously submitted SIP revisions for Chapter 
8, Section 10 (noted earlier in SIP submittal (1)) on March 27, 2017 
that allowed adoption by reference of federal regulations as of July 1, 
2016, and have since been superseded by the March 28, 2018 submittal. 
The EPA finds that this update is necessary and appropriate to cite the 
more recent July 1, 2017 CFR and incorporate by reference.
    (3) This action proposes to update Chapter 6, Permitting 
Requirements, Section 4, Prevention of Significant Deterioration, to 
remove an outdated Federal Register citation under the definition of 
`tpy CO2 equivalent emission (CO2e),' in the 
State's Rule Chapter 6, Section 4(a) and the location for obtaining a 
copy of the federal regulation. By deleting the reference to the 
outdated federal regulation (November 29, 2013), the revised State rule 
includes the language found in 40 CFR 51.166(b)(48)(ii)(a). This 
provision of the Prevention of Significant Deterioration (PSD) permit 
rules describes one of the steps to compute the amount of GHGs emitted, 
and explains that one multiplies the mass amount of emissions (tpy) for 
each of the six greenhouse gases, by the gas's associated global 
warming potential published at Table A-1 to subpart A of part 98 of 
this chapter--Global Warming Potentials. The State adopted these 
amendments in December 2017 and therefore adopted the version of Table 
A-1 to subpart A of part 98 that was in effect at that time. The EPA 
believes this update is necessary and appropriate to accurately cite 
the most recent calculation methodology and GHG's associated global 
warming potential.
    (4) As requested in the State's March 28, 2018 submittal, the EPA 
is proposing to update Chapter 6, Section 14, Incorporation by 
reference to adopt by reference the July 1, 2017 CFR. The State 
previously submitted SIP revisions for Chapter 6, Section 14 on March 
27, 2017, that allowed adoption by reference of federal regulations as 
of July 1, 2016, and have since been superseded by the March 28, 2018 
submittal. The EPA finds that the update is necessary and appropriate 
to cite the more recent July 1, 2017 CFR and incorporate by reference.
    (5) This action proposes to update Chapter 3, Section 3, Emission 
standards for nitrogen oxides, which corrects an inconsistency 
regarding internal combustion engines. The EPA finds that the 
requirements governing fuel burning equipment (including internal 
combustion engines) are covered in Chapter 1, Section 3 of the SIP; so, 
the language removed in Chapter 3, Section 3, (a)(viii), is a vestigial 
exemption for engines with a heat input less than 200 million Btu per 
hour that no longer applies. Therefore, the EPA finds that the change 
made to Chapter 3, Section 3, is necessary and appropriately corrects 
the noted inconsistency regarding internal combustion engines. Finally, 
the State's rulemaking action included an update to the website link 
for contact information for the Cheyenne Office of the Wyoming Division 
of Air Quality, Chapter 3, Section 9(a) and (b). The EPA finds it is 
necessary and appropriate to update the website referenced in the SIP 
to ensure it is accurate.
    (6) This action proposes to update Chapter 3, General Emission 
Standards, Section 9, Incorporation by reference, to adopt by reference 
from the July 1, 2017 CFR. The State previously submitted SIP revisions 
for Chapter 3, Section 9 on March 27, 2017, that allowed adoption by 
reference of federal regulations as of July 1, 2016, and have since 
been superseded by the March 28, 2018 submittal. The EPA finds that the 
updates proposed to Chapter 3, Section 9, are necessary and appropriate 
to cite the more recent July 1, 2017 CFR and incorporate by reference.
    (7) This action proposes to update Chapter 2, Ambient Standards, 
Section 6, Ambient standards for ozone. The State has revised Section 6 
to include the latest (2015) ozone National Ambient Air Quality 
Standards (NAAQS). The EPA finds that this update is necessary and 
appropriate to reflect EPA's 2015 revision to the ozone NAAQS. 40 CFR 
50.19.
    (8) The State previously submitted SIP revisions for Chapter 2, 
Section 12, Incorporation by reference on March 27, 2017, that allowed 
adoption by reference of federal regulations as of July 1, 2016. The 
EPA finds that this update is necessary and appropriate to update the 
incorporation by reference date to July 1, 2017, as requested in 
Wyoming's March 28, 2018 letter.

III. The EPA's Proposed Action

    In this action, the EPA is proposing to approve the eight SIP 
submittals to the Wyoming Air Quality Standards and Regulations 
submitted by the State of Wyoming on March 27, 2017 and March 28, 2018. 
This action proposes updates to: (1) Chapter 8 Nonattainment Area 
Regulations, Section 10, Incorporation by reference (2017 Submittal); 
(2) Chapter 8, Nonattainment Area Regulations, Section 3, Conformity of 
general federal actions to state implementation plans (2018 Submittal), 
and Section 10, Incorporation by reference (2018 Submittal); (3) 
Chapter 6, Permitting Requirements, Section 4, Prevention of 
significant deterioration, to remove an outdated Federal Register 
citation under the definition of `tpy CO2 equivalent 
emission (CO2e)' (2017 Submittal); (4) Chapter 6, Permitting 
Requirements, Section 14, Incorporation by reference (2018 Submittal); 
(5) Chapter 3, General Emission Standards, Section 3, Emission 
standards for nitrogen oxides, which corrects an inconsistency 
regarding internal combustion engines (2017 Submittal); (6) Chapter 3, 
General Emission Standards, Section 9, Incorporation by reference (2018 
Submittal); (7) Chapter 2, Ambient Standards, Section 6, to include the 
latest ozone NAAQS (2017 Submittal); and (8) Chapter 2, Ambient 
standards for ozone, and Section 12, Incorporation by reference (2018 
Submittal).

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the amendments described in section III. The EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 8 Office (please contact the 
person identified in the For Further Information Contact section of 
this preamble for more information).

V. 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 proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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;

[[Page 34813]]

     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 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).
    In addition, the SIP is not proposed 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 13, 2018.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2018-15481 Filed 7-20-18; 8:45 am]
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