[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10304-10307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03026]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0419; FRL-10004-97-Region 8]


Approval and Promulgation of Implementation Plans; Infrastructure 
Requirements for the 2015 Ozone National Ambient Air Quality Standards; 
Wyoming

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is acting on 
multiple elements of State Implementation Plan (SIP) revisions from the 
State of Wyoming to demonstrate that the State meets infrastructure 
requirements of Clean Air Act (CAA) section 110(a) for the 2015 ozone 
National Ambient Air Quality Standard (NAAQS). Section 110(a) of the 
CAA requires that each state submit a SIP for the implementation, 
maintenance and

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enforcement of each NAAQS promulgated by the EPA.

DATES: This rule is effective on March 25, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0419. 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: Clayton Bean, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129, (303) 312-6143, [email protected].

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

I. Background

    On March 12, 2008, the EPA promulgated a new NAAQS for ozone, 
revising the levels of primary and secondary 8-hour ozone standards 
from 0.08 parts per million (ppm) to 0.075 ppm (73 FR 16436). More 
recently, on October 1, 2015, the EPA promulgated and revised the NAAQS 
for ozone, further strengthening the primary and secondary 8-hour 
standards to 0.070 ppm (80 FR 65292). The October 1, 2015 standards are 
known as the 2015 ozone NAAQS.
    Section 110(a)(1) of the CAA directs each state to make an 
infrastructure SIP submission to the EPA within 3 years of promulgation 
of a new or revised NAAQS. Infrastructure requirements for SIPs are 
provided in section 110(a)(1) and (2) of the CAA. Section 110(a)(2) 
lists the specific infrastructure elements that a SIP must contain or 
satisfy. The elements that are the subject of this action are described 
in detail in our notice of proposed rulemaking (NPRM) published on 
December 4, 2019 (84 FR 66352) for the State of Wyoming's 
infrastructure SIP revision, submitted to the EPA on January 3, 2019.

II. Response to Comments

    Comments on our December 4, 2019 NPRM were due on or before January 
3, 2020. The EPA received two comments. The first comment was 
supportive of the proposed action. The second comment is discussed 
below.
    Comment: The commenter appears to oppose approval of Wyoming's 
infrastructure SIP submission on the basis that it ``would mean that 
Wyoming could build three new state dams,'' and that the EPA cannot 
confirm ``whether Wyoming has adequate regulations or authority or 
enforcement power in its SIP.'' The commenter also requests that the 
EPA ``check whether Wyoming has adequate funding to enforce its rules 
against powerful coal companies and the coal lobby of Wyoming'' and 
that EPA, ``disavow this SIP until all dams and hydroelectric power is 
rerouted to solar and wind power.''
    Response: The commenter largely discusses subjects outside the 
scope of an infrastructure SIP action, and does not explain, nor 
provide a legal basis for disapproval. Although the commenter states 
that a determination of whether Wyoming has adequate regulations, 
authority, or enforcement power in its SIP should be based upon 
``rerouting of power,'' the EPA notes that Wyoming's 2015 ozone NAAQS 
submittal was reviewed and found adequate to provide for the 
implementation, maintenance and enforcement of the subject NAAQS. 
Specifically, as thoroughly discussed in our analysis of the NPRM, 
Wyoming's SIP-approved Legal Authority Document (37 FR 10832, May 31, 
1972) (see also 40 CFR 52.2620(e), Rule No. (02) II; 41 FR 36652, Aug. 
31, 1976) confirms that the State has adequate legal authority to 
enforce applicable laws, regulations and standards; to seek injunctive 
relief; and to prevent construction, modification, or operation of any 
stationary source at any location where emissions from such source will 
prevent the attainment or maintenance of a national standard or 
interfere with PSD requirements. Commenter has not identified any 
specific deficiencies in that finding or identified specific ways in 
which dams, hydroelectric, solar, or wind power would change that 
assessment.
    Lastly, as to the commenter's request that the EPA check ``whether 
Wyoming has adequate funding to enforce its rules against powerful coal 
companies and the coal lobby of Wyoming,'' we note again that during 
our review of the State's submittal, we found that Wyoming does have 
adequate funding to carry out its SIP obligations and requirements. 
Specifically, and reiterating our analysis of Wyoming's submittal, the 
State receives CAA sections 103 and 105 grant funds through its 
Performance Partnership Agreement (PPA) along with required state 
matching funds to provide the funding necessary to carry out Wyoming's 
SIP requirements. Wyoming's PPA with the EPA (available for review in 
the docket) documents resources needed to carry out agreed upon 
environmental program goals, measures, and commitments, including 
developing and implementing appropriate SIPs for all areas of the 
State. The EPA and Wyoming annually update these grant commitments 
based on current SIP requirements, air quality planning, and applicable 
requirements related to the NAAQS. Furthermore, Wyoming Air Quality 
Standards and Regulations (WAQSR) Chapter 6, section 2(a)(v), Permit 
for construction, modification, operation, requires the owner and 
operator of each new major source or major modification to pay a fee 
sufficient to cover the cost of reviewing and acting on permit 
applications. Collectively, these WAQSR rules and PPA commitments 
provide satisfactory evidence that the State has adequate funding and 
legal authority to carry out the SIP and related issues. This funding 
and legal authority extends to all regulated emission sources, 
independent of any specific industry--be it the coal industry or any 
other CAA regulated industry.

III. Final Action

    The EPA is approving the following CAA section 110(a)(2) 
infrastructure elements of Wyoming's January 3, 2019 infrastructure SIP 
submission for the 2015 ozone NAAQS: (A), (B), (C), (D)(i)(II) Prong 3 
Interstate transport--prevention of significant deterioration, (D)(ii), 
(E), (F), (G), (H), (J), (K), (L) and (M). The EPA is not taking action 
at this time on (D)(i)(I) Prong 1 Interstate transport--significant 
contribution, and (D)(i)(I) Prong 2 Interstate transport--interference 
with maintenance; we intend to address (D)(i)(I) Prongs 1 and 2 in a 
separate, future action.
    Finally, the EPA is also disapproving element (D)(i)(II) Prong 4 
Interstate transport--visibility. CAA section 110(c)(1) provides that 
the EPA must promulgate a Federal Implementation Plan (FIP) within two 
years after finding that a state has failed to make a required 
submission or disapproving a state's SIP submission in whole or in 
part, unless the EPA approves a SIP revision correcting the 
deficiencies within that two-year period. As explained in our December 
4, 2019 NPRM, this disapproval of prong 4 will not incur additional 
practical consequences for the State or the EPA because the

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existing FIP \1\ already in place, due to preexisting deficiencies, 
satisfies the prong 4 requirements for this NAAQS. The aforementioned 
actions are tabulated by section 110(a)(2) elements in Table 1 below.
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    \1\ See 79 FR 5032, January 30, 2014.

        Table 1--Action Taken on WY Infrastructure SIP Submittal
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        2015 Ozone NAAQS infrastructure SIP elements            Wyoming
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(A): Emission Limits and Other Control Measures.............          A
(B): Ambient Air Quality Monitoring/Data System.............          A
(C): Program for Enforcement of Control Measures............          A
(D)(i)(I): Prong 1 Interstate Transport--significant                 NA
 contribution...............................................
(D)(i)(I): Prong 2 Interstate Transport--interference with           NA
 maintenance................................................
(D)(i)(II): Prong 3 Interstate Transport--prevention of               A
 significant deterioration..................................
(D)(i)(II): Prong 4 Interstate Transport--visibility........          D
(D)(ii): Interstate and International Pollution Abatement...          A
(E): Adequate Resources.....................................          A
(F): Stationary Source Monitoring System....................          A
(G): Emergency Episodes.....................................          A
(H): Future SIP revisions...................................          A
(J): Consultation with Government Officials, Public                   A
 Notification, PSD and Visibility Protection................
(K): Air Quality and Modeling/Data..........................          A
(L): Permitting Fees........................................          A
(M): Consultation/Participation by Affected Local Entities..          A
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In the table above, the key is as follows:
A--Approve.
D--Disapprove.
NA--No Action. We intend to address the element in a separate rulemaking
  action.

IV. 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, 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 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);
     This action is not an Executive Order 13771 regulatory 
action because this action is not significant 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, 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).

    In addition, 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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 24, 2020. 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, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: February 10, 2020.
Gregory Sopkin,
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. In Sec.  52.2620, the table in paragraph (e) is amended by adding 
the entry ``(34) XXXIV'' in numerical order to read as follows:


Sec.  52.2620   Identification of plan.

* * * * *
    (e) * * *

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                                                      State         EPA
           Rule No.                 Rule title      effective    effective       Final rule         Comments
                                                       date         date       citation/date
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                                                  * * * * * * *
(34) XXXIV....................  Infrastructure        1/3/2019    3/25/2020  [insert Federal    The EPA is not
                                 SIP for section                              Register           acting on
                                 110(a)(2)--2015                              citation], 2/24/   (D)(i)(I) Prong
                                 Ozone NAAQS.                                 2020.              1, and
                                                                                                 (D)(i)(I) Prong
                                                                                                 2. The EPA is
                                                                                                 disapproving
                                                                                                 (D)(i)(II)
                                                                                                 Prong 4.
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[FR Doc. 2020-03026 Filed 2-21-20; 8:45 a.m.]
 BILLING CODE 6560-50-P