[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14270-14272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06821]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0723; FRL-9991-74-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Wyoming; Interstate Transport for the 2008 Ozone National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
submittal from the State of Wyoming that demonstrates that the Wyoming 
State Implementation Plan (SIP) meets certain interstate transport 
requirements of the Clean Air Act (Act or CAA) for the 2008 ozone 
National Ambient Air Quality Standards (NAAQS). Specifically, the 
submittal meets the requirement that Wyoming's SIP contain adequate 
provisions to prohibit emissions in amounts which will interfere with 
maintenance of the 2008 ozone NAAQS in any other state. The EPA is 
taking this action pursuant to section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on May 10, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0723. All documents in the docket are 
listed on the http://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 the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

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

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    On February 3, 2017 (82 FR 9142), the EPA disapproved Wyoming's 
February 6, 2014 2008 ozone infrastructure SIP

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submittal with respect to the CAA section 110(a)(2)(D)(i)(I) 
requirements regarding emissions from Wyoming that would interfere with 
maintenance (``prong 2'') of the 2008 ozone NAAQS in any other state. 
Under CAA section 110(c)(1), this disapproval started a 2-year clock 
for the EPA to promulgate a federal implementation plan (FIP) unless 
Wyoming submitted, and the EPA approved, a SIP revision correcting the 
deficiency. On October 17, 2018, Wyoming submitted a SIP revision to 
address the EPA's February 3, 2017 disapproval.
    On February 12, 2019 (84 FR 3389), the EPA proposed to approve 
Wyoming's October 17, 2018 submittal. An explanation of the CAA 
requirements, a detailed analysis of the submittal, and the EPA's 
reasons for proposing approval were provided in the notice of proposed 
rulemaking and will not be restated here. The public comment period for 
the proposed approval ended on March 14, 2019. We did not receive any 
comments on the proposal.

II. Final Action

    For the reasons given in our February 12, 2019 notice, we are 
approving Wyoming's October 17, 2018 submittal addressing CAA section 
110(a)(2)(D)(i)(I), prong 2, for the 2008 ozone NAAQS. With this final 
approval, the EPA no longer has an obligation under CAA section 
110(c)(1) to promulgate a FIP addressing the deficiency identified in 
the EPA's February 3, 2017 prong 2 disapproval (82 FR 9142).

III. 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
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 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 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. 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 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 June 10, 2019. 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, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 2, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended 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 by adding to the table in paragraph (e), 
in numerical order, an entry for ``(33) XXXIII'' to read as follows:


Sec.  52.2620   Identification of plan.

* * * * *
    (e) * * *

[[Page 14272]]



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                                                                                                 EPA effective     Final rule citation/
          Rule No.                     Rule title                  State effective date               date                 date              Comments
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(33) XXXIII.................  Interstate transport SIP for  August 30, 2018...................       5/10/2019   [Insert Federal
                               Section 110(a)(2)(D)(i)(I)                                                         Register citation] 4/
                               prong 2 for the 2008 Ozone                                                         10/2019.
                               NAAQS.
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[FR Doc. 2019-06821 Filed 4-9-19; 8:45 am]
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