Table 2. ANNUAL BURDEN OF REPORTING AND RECORDKEEPING REQUIREMENTS AS A RESULT OF THE BERYLLIUM NESHAP SUBPART C Occurrences/ Hours/

Hours per respondent/ respondent/ Respondents Hours Cost per occurrence year year per year a per year year b ( A) ( B) ( C= AxB) ( D) ( E= CxD) ( F) ____________________________________________________________________________________________________________

1. APPLICATIONS A. Application for approval of construction/ modification 4 1 4 0 0 0 B. Request for Ambient Air monitoring alternative 4 1 4 0 0 0 2. SURVEYS AND STUDIES   N/ A

3. REPORTING REQUIREMENTS A. Read Instructions 1 1 1 0 0 0 B. Required Activities C Initial Emissions Test 20 1 20 0 0 0 Determine emission level from stack test 8 1 8 23 d 180.8 10,005.5 Monitoring of ambient beryllium concentrations Included in 3E.

C. Create Information Included in 3B.

D. Gather Existing Information Included in 3E.

E. Write Report Notification of Actual 2 1 2 0 0 0 Startup Notification of Anticipated 2 1 2 0 0 0 Startup Notification of Stack Test 2 1 2 23 d 0 0 Report of Emission Level Determination/ Operational Change 8 1 8 23 d 180.8 10,005.5 Plan for Locating Monitors 16 1 16 0 0 0 Report Monthly Ambient Concentrations 8 12 96 10 e 960 53,126.4 Table 2 cont'd Occurrences/ Hours/

Hours per respondent/ respondent/ Respondents Hours Cost per occurrence year year per year a per year year b ( A) ( B) ( C= AxB) ( D) ( E= CxD) ( F) ____________________________________________________________________________________________________________

4. RECORDKEEPING REQUIREMENTS A. Read Instructions Included in 3A.

B. Plan Activities Included in 4C.

C. Implement Activities Included in 3B.

D. Develop Record System   N/ A

E. Time to Enter Information Records of Operating Parameters and Emissions 0.25 365 f 91 10 e 910 50,359.4 F. Train Personnel   N/ A

G. Audits   N/ A

_______ __________

5. TOTAL ANNUAL BURDEN 2,231.6 $ 123,496.7 a The are approximately 236 sources subject to the standard. However, not all of the sources have yearly recordkeeping and reporting requirements. Approximately, 226 have elected to comply with this rule by means of conducting a one time only stack test. Therefore, the only ongoing burden will be on existing sources monitoring ambient air concentrations of beryllium, and on the occasion that an operational change could increase beryllium emissions at a facility that has comply with the rules requirements by conducting an initial stack test.

b Assume an hourly technical wage rate of $ 26.35 per hour plus 110 percent overhead costs which equals $ 55.34 per hour. This amount was multiplied by the hours per year in Column E to get the cost per year.

c Initial report requirements of § 61.10 would be fulfilled through completion of the initial report required under § 61.32( b)( 1)( ii) for ambient air monitoring, and § 61.33( a) for stack testing.

d Estimate that 10% of the 226 sources ( or 23 respondents) complying by stack emission limit have an operational change once per year which could potentially increase beryllium emissions and trigger this calculation/ reporting requirement.

e Estimate that 10 facilities have elected to comply by monitoring ambient air concentrations.

f Assume sources operate 365 days/ yr, entering daily records toward a 30 day average.


[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Notices]
[Page 59870]
[FR Doc No: 2014-23572]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 30b2-1; SEC File No. 270-213, OMB Control No. 3235-0220.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') has submitted to the Office of
Management and Budget (``OMB'') a request for extension of the
previously approved collection of information discussed below.
    Rule 30b2-1 (17 CFR 270.30b2-1) under the Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.) (the ``Investment Company Act'')
requires a registered management investment company (``fund'') to (1)
file a report with the Commission on Form N-CSR (17 CFR 249.331 and
274.128) not later than 10 days after the transmission of any report
required to be transmitted to shareholders under rule 30e-1 under the
Investment Company Act, and (2) file with the Commission a copy of
every periodic or interim report or similar communication containing
financial statements that is transmitted by or on behalf of such fund
to any class of such fund's security holders and that is not required
to be filed with the Commission under (1), not later than 10 days after
the transmission to security holders. The purpose of the collection of
information required by rule 30b2-1 is to meet the disclosure
requirements of the Investment Company Act and certification
requirements of the Sarbanes-Oxley Act of 2002 (Pub. L. 107-204, 116
Stat. 745 (2002)) and to provide investors with information necessary
to evaluate an interest in the fund.
    The Commission estimates that there are 2,430 funds, with a total
of approximately 11,080 portfolios, that are governed by the rule. For
purposes of this analysis, the burden associated with the requirements
of rule 30b2-1 has been included in the collection of information
requirements of rule 30e-1 and Form N-CSR, rather than the rule. The
Commission has, however, requested a one hour burden for administrative
purposes.
    The collection of information under rule 30b2-1 is mandatory. The
information provided under rule 30b2-1 is not kept confidential. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Thomas Bayer, Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100
F Street NE., Washington, DC 20549 or send an email to:
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days
of this notice.

    Dated: September 29, 2014.
Kevin M. O'Neill.
Deputy Secretary.
[FR Doc. 2014-23572 Filed 10-2-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Proposed Rules]
[Pages 29680-29686]
[FR Doc No: 2011-12600]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2010-0303; FRL-9310-1]

Approval and Disapproval and Promulgation of State Implementation
Plan Revisions; Infrastructure Requirements for the 1997 8-Hour Ozone
National Ambient Air Quality Standards; Wyoming

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to partially approve and partially disapprove
the State Implementation Plan (SIP) submission from the State of
Wyoming to demonstrate that the SIP meets the requirements of Sections
110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient
Air Quality Standards (NAAQS) promulgated for ozone on July 18, 1997.
Section 110(a)(1) of the CAA requires that each state, after a new or
revised NAAQS is promulgated, review their SIPs to ensure that they
meet the requirements of the ``infrastructure elements'' of section
110(a)(2). The State of Wyoming submitted two certifications of their
infrastructure SIP for the 1997 ozone NAAQS, date December 7, 2007 and
December 10, 2009. EPA does not propose to act on the State's May 25,
2007 submission to meet the requirements of section 110(a)(2)(D)(i) of
the CAA, relating to interstate transport of air pollution, for the
1997 ozone NAAQS. EPA approved the State's interstate transport SIP
submission on May 8, 2008 (73 FR 26019). EPA is also proposing to
approve a Wyoming submittal, dated May 10, 2011, revising the State's
Prevention of Significant Deterioration (PSD) program.

DATES: Written comments must be received on or before June 22, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2010-0303, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129.

Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:30
p.m., excluding Federal holidays. Special arrangements should be made
for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2010-0303. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting
comments, go to section I, General Information, of the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://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 http://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 a.m. to 4 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathy Dolan, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.

Table of Contents

I. General Information
II. Background
III. What infrastructure elements are required under sections
110(a)(1) and (2)?
IV. How did the State of Wyoming address the infrastructure elements
of section 110(a)(2)?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not
submit CBI to EPA through http://www.regulations.gov or e-mail. Clearly
mark the part or all of the information that you claim to be CBI. For
CBI information on a disk or CD-ROM that you mail to 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.
    2. 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 and organize your comments;
    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; and,
    Make sure to submit your comments by the comment period deadline
identified.

II. Background

    On July 18, 1997, EPA promulgated new NAAQS for ozone based on 8-
hour average concentrations. The 8-hour averaging period replaced the
previous 1-hour averaging period, and the level of the NAAQS was
changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR 38856). By
statute, SIPs meeting the requirements of sections 110(a)(1) and (2)
are to be submitted by states within three years after promulgation of
a new or revised standard. Section 110(a)(2) provides basic
requirements for SIPs, including emissions inventories, monitoring, and
modeling, to assure attainment and maintenance of the standards. These
requirements are set out in several ``infrastructure elements,'' listed
in section 110(a)(2).
    Section 110(a) imposes the obligation upon states to make a SIP
submission to EPA for a new or revised NAAQS, and the contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time the
state develops and submits the SIP for a new or revised NAAQS affects
the content of the submission. The contents of such SIP submissions may
also vary depending upon what provisions the state's existing SIP
already contains. In the case of the 1997 ozone NAAQS, states typically
have met the basic program elements required in section 110(a)(2)
through earlier SIP submissions in connection with previous NAAQS. In a
guidance issued on October 2, 2007, EPA noted that, to the extent an
existing SIP already meets the section 110(a)(2) requirements, states
need only to certify that fact via a letter to EPA.\1\
---------------------------------------------------------------------------

    \1\ Memorandum from William T. Harnett, Director, Air Quality
Policy Division, ``Guidance on SIP Elements Required Under Sections
110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards'' (Oct. 2, 2007).
---------------------------------------------------------------------------

    On March 27, 2008, EPA published a final rule entitled,
``Completeness Findings for Section 110(a) State Implementation Plans
for the 8-hour Ozone NAAQS'' (73 FR 16205). In the rule, EPA made a
finding for each State that it had submitted or had failed to submit a
complete SIP that provided the basic program elements of section
110(a)(2) necessary to implement the 1997 8-hour ozone NAAQS. In
particular, EPA found that Wyoming had submitted a complete SIP to meet
these requirements.

III. What infrastructure elements are required under sections 110(a)(1)
and (2)?

    Section 110(a)(1) provides the procedural and timing requirements
for SIP submissions after a new or revised NAAQS is promulgated.
Section 110(a)(2) lists specific elements the SIP must contain or
satisfy. These infrastructure elements include requirements, such as
modeling, monitoring, and emissions inventories that are designed to
assure attainment and maintenance of the NAAQS. The elements that are
the subject of this action are listed below.
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D)(ii): Interstate and international pollution.
     110(a)(2)(E): Adequate resources and authority.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency powers.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(J): Consultation with government officials;
public notification; and prevention of significant deterioration (PSD)
and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local
entities.

A detailed discussion of each of these elements is contained in the
next section.
    Two elements identified in section 110(a)(2) are not governed by
the three-year submission deadline of section 110(a)(1) and are
therefore not addressed in this action. These elements relate to part D
of Title I of the CAA, and submissions to satisfy them are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the same time nonattainment area plan requirements
are due under section 172. The two elements are: (i) section
110(a)(2)(C) to the extent it refers to permit programs (known as
``nonattainment new source review (NSR)'') required under part D, and
(ii) section 110(a)(2)(I), pertaining to the nonattainment planning
requirements of part D. As a result, this action does not address
infrastructure elements related to the nonattainment NSR portion of
section 110(a)(2)(C) or related to 110(a)(2)(I).
    This action also does not address the ``interstate transport''
requirements of element 110(a)(2)(D)(i). In a separate action, EPA
approved the State's submission to meet the requirements of
110(a)(2)(D)(i) for the 1997 ozone NAAQS (73 FR 26019).

IV. How did the State of Wyoming address the infrastructure elements of
section 110(a)(2)?

    1. Emission limits and other control measures: Section 110(a)(2)(A)
requires SIPs to include enforceable emission limitations and other
control measures, means, or techniques (including economic incentives
such as fees, marketable permits, and auctions of emissions rights), as
well as schedules and timetables for compliance as may be necessary or
appropriate to meet the applicable requirements of this Act.

    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory documents: Control Strategy
Document, Source Surveillance Document and Compliance Schedule Document
approved by EPA May 31, 1972 (37 FR 10842). Regulatory Documents:
Wyoming Air Quality Standards and Regulations (WAQSR), Section 2,
Definitions; Section 18, Diluting and concealing emissions; Section 19,
Abnormal conditions and equipment malfunction; Section 14, Control of
particulate emissions; and, Section 10, Nitrogen oxides, approved by
EPA May 31, 1972 (37 FR 10842). WAQSR, Section 4, Sulfur oxides,
approved by EPA June 10, 1975 (40 FR 24726). WAQSR, Section 12, Carbon
monoxide and Section 9, Hydrocarbons, approved by EPA on May 31, 1972
(37 FR 10842). WAQSR, Section 4, Sulfur oxides, approved by EPA June
10, 1975 (40 FR 24726). WAQSR, Section 5, Sulfuric acid mist, approved
by EPA May 31, 1972 (37 FR 10842). WAQSR, Section 25, Sweetwater County
non-attainment area particulate matter regulations, approved by EPA
July 2, 1979 (44 FR 38473). WAQSR, Section 13, Open burning
restrictions, Section 15, Wood waste burners, Section 17, Motor vehicle
pollution, approved by EPA May 31, 1972 (37 FR 10842). Chapter 1,
Section 3, Definitions; Section 4, Diluting and concealing emissions;
Section 5, Abnormal conditions and equipment malfunction; Chapter 3,
Section 2, Emission standards for particulate matter; Section 3,
Emission standards for nitrogen oxides; Section 4, Emission standard
for sulfur oxides; Section 5, Emission standards for carbon monoxide;
Section 6, Emission standards for volatile organic compounds; Chapter
4, Section 2, Existing sulfuric acid production units; Section 3,
Existing nitric acid manufacturing plans; Chapter 8, Section 2,
Sweetwater County particular matter regulations, Section 3, Conformity
of general federal actions to state implementation plans; Chapter 10,
Section 2, Open burning restrictions; Section 3, Wood waste burners;
Chapter 13, Section 2, Motor vehicle pollution control, approved by EPA
July 28, 2004 (69 FR 44965).
    b. EPA analysis: Wyoming's SIP meets the requirements of CAA
section 110(a)(2)(A) for the 1997 ozone NAAQS, subject to the following
clarifications. First, Wyoming has no areas designated as nonattainment
for the 1997 ozone NAAQS and, therefore, is not required to establish
enforceable emission limitations or other emission reduction measures
to attain the 1997 ozone NAAQS. The SIP provisions cited by Wyoming
include emissions limitations for ozone precursors: Nitrogen oxides
(WAQSR Chapter 3, section 3), and volatile organic compounds (WAQSR
Chapter 3, section 6). These emissions limitations meet the
requirements of 110(a)(2)(A) for the 1997 ozone NAAQS.
    Second, in this action, EPA is not proposing to approve or
disapprove any existing state rules with regard to director's
discretion or variance provisions. A number of states have such
provisions which are contrary to the CAA and existing EPA guidance (52
FR 45109, Nov. 24, 1987), and the Agency plans to take action in the
future to address such state regulations. In the meantime, EPA
encourages any state having a director's discretion or variance
provision which is contrary to the CAA and EPA guidance to take steps
to correct the deficiency as soon as possible.
    Finally, in this action, EPA is also not proposing to approve or
disapprove any existing state provisions with regard to excess
emissions during startup, shutdown, or malfunction (SSM) of operations
at a facility. A number of states have SSM provisions which are
contrary to the CAA and existing EPA guidance \2\ and the Agency plans
to address such state regulations in the future. In the meantime, EPA
encourages any state having a deficient SSM provision to take steps to
correct it as soon as possible.
---------------------------------------------------------------------------

    \2\ Steven Herman, Assistant Administrator for Enforcement and
Compliance Assurance, and Robert Perciasepe, Assistant Administrator
for Air and Radiation, Memorandum to EPA Air Division Directors,
``State Implementation Plans (SIPs): Policy Regarding Excess
Emissions During Malfunctions, Startup, and Shutdown.'' (Sept. 20,
1999).
---------------------------------------------------------------------------

    2. Ambient air quality monitoring/data system: Section 110(a)(2)(B)
requires SIPs to provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to (i) monitor,
compile, and analyze data on ambient air quality, and (ii) upon
request, make such data available to the Administrator.
    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory documents: Air Quality
Surveillance Document, approved by EPA May 31, 1972 (37 FR 10842); Air
Quality Surveillance Network Document, approved by EPA February 9, 1982
(47 FR 5892); Implementation Plan for Lead, approved by EPA October 11,
1984 (49 FR 39843). Regulatory documents: WAQSR, Section 3,
Particulates; Section 10, Nitrogen Oxides; Section 4, Sulfur oxides;
Section 12, Carbon monoxide; Section 8, Photochemical oxidants; Section
6, Sulfation; and, Section 27, Ambient air quality standard for lead,
approved by EPA October 11, 1984 (49 FR 39843). Chapter 2, Section 2,
Ambient standards for particular matter; Section 3, Ambient standards
for nitrogen oxides; Section 4, Ambient standards for sulfur oxides,
Section 5, Ambient standards for carbon monoxide; Section 6, Ambient
standards for ozone; Section 8, Ambient standards for suspended
sulfates; and, Section 10, Ambient standards for lead, approved by EPA
July 28, 2004 (69 FR 44965).
    b. EPA analysis: Wyoming's air monitoring programs and data systems
meet the requirements of CAA section 110(a)(2)(B) for the 1997 ozone
NAAQS. The Wyoming Ambient Air Monitoring Annual Network Plan, 2009,
was approved by EPA Region 8 on December 3, 2009.
    3. Program for enforcement of control measures: Section
110(a)(2)(C) requires SIPs to include a program to provide for the
enforcement of the measures described in subparagraph (A), and
regulation of the modification and construction of any stationary
source within the areas covered by the plan as necessary to assure that
NAAQS are achieved, including a permit program as required in parts C
and D.
    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory documents: Legal authority
document; Source Surveillance document; Review of New Sources and
Modifications Document, approved by EPA May 31, 1972 (37 FR 10842).
Regulatory documents: 1974 WAQSR, Section 21, Permit requirements for
construction, modification and operation, approved by EPA June 10, 1975
(40 FR 24726); 1979 WAQSR, Section 24, Prevention of significant
deterioration, approved by EPA July 2, 1979 (44 FR 38473). Chapter 6,
Section 2, Permit requirements for construction, modification, and
operation and Section 4, Prevention of significant deterioration,
approved by EPA July 28, 2004 (69 FR 44965).
    b. EPA analysis: As explained above, in this action EPA is not
evaluating nonattainment related provisions, such as the nonattainment
NSR program required by part D of the Act. In addition, Wyoming has no
nonattainment areas for the 1997 ozone NAAQS and is therefore not
required at this point to have a corresponding nonattainment NSR
program. EPA is evaluating the State's prevention of

significant deterioration (PSD) program as required by part C of the
Act, and the State's minor NSR program as required by 110(a)(2)(C).

GHG Regulation

    Wyoming's PSD program was most recently approved by EPA on July 16,
2008. As described in our notice of approval (73 FR 40750), Wyoming's
PSD program at that date met the general requirements of CAA section
110(a)(2)(C). However, on June 3, 2010, EPA promulgated the
``Prevention of Significant Deterioration and Title V Greenhouse Gas
Tailoring Rule'' (``Tailoring Rule'') (75 FR 31514), setting out
requirements for application of PSD to emissions sources of greenhouse
gases (GHG). On December 13, 2010, EPA issued a finding of substantial
inadequacy and SIP call for seven states, including Wyoming, on the
basis that the states' SIP-approved PSD programs did not apply PSD to
GHG-emitting sources as required under the Tailoring Rule (75 FR
77698). Next, on December 29, 2010, EPA issued a finding that the seven
states had failed to submit revisions to their SIPs as necessary to
correct this inadequacy (75 FR 81874). Finally, on December 30, 2010,
EPA established a federal implementation plan (FIP) in the seven states
to ensure that PSD permits for sources emitting GHGs could be issued in
accordance with the Tailoring Rule (75 FR 82246). As the Wyoming PSD
program is currently subject to a finding of substantial inadequacy and
SIP call, and Wyoming has not taken steps to remedy the inadequacy, EPA
proposes in this action to disapprove the Wyoming infrastructure SIP
for each infrastructure element that requires the SIP to contain a PSD
program that meets the requirements of part C of title I of the Act.
These elements are 110(a)(2)(C) and (J).

Ozone Precursors

    In addition, in order for the State's SIP-approved PSD program to
satisfy the requirements of section 110(a)(2)(C) for the 1997 ozone
NAAQS, the program must properly regulate ozone precursors. On November
29, 2005, EPA promulgated the phase 2 implementation rule for the 1997
ozone NAAQS (Phase 2 Rule), which includes requirements for PSD
programs to treat nitrogen oxides (NOx) as a precursor for ozone (72 FR
71612). Wyoming has adopted revisions to its PSD program to meet the
requirements of the Phase 2 rule, and submitted these revisions to EPA
on May 10, 2011. EPA proposes in this action to concurrently approve
the PSD program updates in Wyoming's May 11, 2011 submittal, including
approval of the revisions which meet the requirements of the Phase 2
Rule. In particular, the revisions in Chapter 6, section 4(a) to the
definitions of ``major modification,'' ``major stationary source,''
``regulated NSR pollutant,'' and ``significant'' meet the requirements
of 40 CFR 51.166(b)(2)(ii), (b)(1)(ii), (b)(49)(i)(a), and (b)(23)(i),
respectively, as amended by the Phase 2 Rule (see 70 FR at 71699-700).
In addition, the revision to section 4(b)(i)(E)(vi)(1)(e) meets the
requirements of the footnote to 40 CFR 51.166(i)(5)(i)(e). Contingent
on final approval of these revisions, Wyoming's SIP meets the
requirement of infrastructure element 110(a)(2)(C) to include a PSD
program that properly regulates ozone precursors. This approval does
not negate the disapproval (discussed in the previous paragraph) based
on the finding of substantial inadequacy and SIP call.
    EPA also proposes approval of the portions of Wyoming's May 11,
2011 submission which update the State's PSD program to comply with the
NSR implementation rule for PM2.5 (73 FR 28321, May 16,
2008), and the inserted definition of ``replacement unit,'' which
reflects the language of 40 CFR 51.166 (b)(32)(i) through (iv). In
particular, the revisions in Chapter 6, section 4(a) to the definitions
of ``regulated NSR pollutant'' and ``significant'' meet the
requirements of 40 CFR 51.166 (b)(49)(i)(b), (c), (d), and (b)(49)(vi);
and (b)(23)(i), respectively, as amended by the PM2.5 NSR
implementation rule (see 73 FR at 28348). In addition, the revisions to
section 4(b)(i)(E)(vi)(2) and (3) meet the requirements of 40 CFR
51.166(i)(5)(ii) and (iii), respectively.

Minor NSR

    Finally, with regards to minor NSR, in this action EPA is proposing
to approve Wyoming's infrastructure SIP for the 1997 ozone NAAQS with
respect to the general requirement in section 110(a)(2)(C) to include a
program in the SIP that regulates the modification and construction of
any stationary source as necessary to assure that the NAAQS are
achieved. Wyoming's approved minor NSR program is found in Chapter 6,
section 2 of the WAQSR. EPA previously approved Wyoming's minor NSR
program into the SIP (at that time as Chapter 1, section 21), and has
subsequently approved revisions to the program, and at those times
there were no objections to the provisions of this program. (See, for
example, 47 FR 5892, Feb. 9, 1982.) Since then, the State and EPA have
relied on the State's existing minor NSR program to assure that new and
modified sources not captured by the major NSR permitting programs do
not interfere with attainment and maintenance of the NAAQS. EPA is not
proposing to approve or disapprove the State's existing minor NSR
program itself to the extent that it is inconsistent with EPA's
regulations governing this program. A number of states may have minor
NSR provisions that are contrary to the existing EPA regulations for
this program. EPA intends to work with states to reconcile state minor
NSR programs with EPA's regulatory provisions for the program. The
statutory requirements of section 110(a)(2)(C) provide for considerable
flexibility in designing minor NSR programs, and it may be time to
revisit the regulatory requirements for this program to give the states
an appropriate level of flexibility to design a program that meets
their particular air quality concerns, while assuring reasonable
consistency across the country in protecting the NAAQS with respect to
new and modified minor sources.
    4. Interstate transport: Section 110(a)(2)(D)(i) requires SIPs to
contain adequate provisions prohibiting, consistent with the provisions
of this title, any source or other type of emissions activity within
the state from emitting any air pollutant in amounts which will (I)
contribute significantly to nonattainment in, or interfere with
maintenance by, any other state, with respect to any such national
primary or secondary ambient air quality standard, or (II) interfere
with measures required to be included in the applicable implementation
plan for any other state under part C to prevent significant
deterioration of air quality or to protect visibility.
    a. Wyoming's response to this requirement: Wyoming submitted its
Interstate Transport SIP to EPA on May 25, 2007.
    b. EPA Analysis: EPA approved the State's Interstate Transport
provisions for the 1997 ozone NAAQS on May 8, 2008 (73 FR 26019). EPA
is taking no action relevant to section 110(a)(2)(D)(i) in this
proposal.
    5. Interstate and International transport provisions: Section
110(a)(2)(D)(ii) requires that each SIP shall contain adequate
provisions insuring compliance with applicable requirements of sections
126 and 115 (relating to interstate and international pollution
abatement).
    a. Wyoming's response to this requirement: Wyoming did not cite any
specific provisions relevant to this requirement.
    b. EPA Analysis: Section 126(a) requires notification to affected,
nearby

states of major proposed new (or modified) sources. Sections 126(b) and
(c) pertain to petitions by affected States to the Administrator
regarding sources violating the ``interstate transport'' provisions of
section 110(a)(2)(D)(i). Section 115 similarly pertains to
international transport of air pollution.
    WAQSR Chapter 6, Section 2, specifically paragraph (m) meets the
requirements of CAA section 126(a) for the 1997 ozone NAAQS. Final
approval of this language became effective January 30, 1995 (59 FR
60902, Nov. 29, 1994). Final approval of the renumbering of this
language became effective August 27, 2004 (See 69 FR 44965, July 28,
2004).
    Wyoming has no pending obligations under sections 126(c) or 115(b);
therefore, its SIP currently meets the requirements of those sections.
The SIP therefore meets the requirements of 110(a)(2)(D)(ii) for the
1997 ozone NAAQS.
    6. Adequate resources: Section 110(a)(2)(E) requires states to
provide (i) necessary assurances that the state will have adequate
personnel, funding, and authority under state law to carry out the SIP
(and is not prohibited by any provision of federal or state law from
carrying out the SIP or portion thereof), (ii) requires that the state
comply with the requirements respecting state boards under section 128,
and (iii) necessary assurances that, where the state has relied on a
local or regional government, agency, or instrumentality for the
implementation of any SIP provision, the state has responsibility for
ensuring adequate implementation of such SIP provision.
    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory documents: Resources and legal
authority document submitted to EPA on January 28, 1972 and approved by
EPA on May 31, 1972 (37 FR 10842). Regulatory document: Chapter 1,
Section 2, Authority, approved by EPA on July 28, 2004 (69 FR 44965).
    b. EPA Analysis: The provisions in Articles 1 and 2 of the Wyoming
Environmental Quality Act (Chapter 11, Title 35 of the Wyoming
Statutes) give the State adequate authority to carry out the SIP. The
composition of the Wyoming Council of Environmental Quality is governed
by section 35-11-111(a) of the Wyoming Statutes. Finally, the State
receives sections 103 and 105 grant funds through its Performance
Partnership Grant along with required state matching funds to provide
funding necessary to carry out Wyoming's SIP requirements. The
requirements of section 110(a)(2)(E) for the 1997 ozone NAAQS are
therefore met.
    7. Stationary source monitoring system: Section 110(a)(2)(F)
requires (i) the installation, maintenance, and replacement of
equipment, and the implementation of other necessary steps, by owners
or operators of stationary sources to monitor emissions from such
sources, (ii) periodic reports on the nature and amounts of emissions
and emissions-related data from such sources, and (iii) correlation of
such reports by the state agency with any emission limitations or
standards established pursuant to the Act, which reports shall be
available at reasonable times for public inspection.
    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Regulatory documents: 1979 WAQSR, Section 23,
Continuous monitoring requirements for existing sources, approved by
EPA on July 2, 1979 (44 FR 38473) and Chapter 7, Section 2, Continuous
monitoring requirements for existing sources, approved by EPA on July
28, 2004 (69 FR 44965).
    b. EPA Analysis: In addition to the specific monitoring provisions
cited by Wyoming, the SIP provides for monitoring, recordkeeping, and
reporting requirements for sources subject to minor and major source
permitting. (See WAQSR Chapter 6, section 2.) Wyoming's SIP therefore
meets the requirements of section 110(a)(2)(F) for the 1997 ozone
NAAQS.
    8. Emergency power: Section 110(a)(2)(G) requires states to provide
for authority to address activities causing imminent and substantial
endangerment to public health, including contingency plans to implement
the emergency episode provisions in their SIPs.
    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory documents: Emergency Episode
Plan Document, approved by EPA May 31, 1972 (37 FR 10842); Emergency
Episode Contingency Plan Document, approved by EPA February 9, 1982 (47
FR 5892). Regulatory documents: 1971 WAQSR, Section 20, Air Pollution
emergency episodes, approved by EPA May 31, 1972 (37 FR 10842) and
Chapter 12, Section 2, Air pollution emergency episodes, approved by
EPA July 28, 2004 (69 FR 44965).
    b. EPA analysis: Section 35-11-115 of the Wyoming Statutes gives
the Director of the Wyoming Department of Environmental Quality (DEQ)
comparable emergency powers to those in section 303 of the Act.
Furthermore, Wyoming has not monitored any values above the priority
cut point for ozone (see 40 CFR 51.150(b)(5)), and is not required at
this point to have a contingency plan for ozone that meets the
requirements of 40 CFR part 51, subpart H. The SIP therefore meets the
requirements of 110(a)(2)(G) for the 1997 ozone NAAQS.
    9. Future SIP revisions: Section 110(a)(2)(H) requires that SIPs
provide for revision of such plan (i) from time to time as may be
necessary to take account of revisions of such national primary or
secondary ambient air quality standard or the availability of improved
or more expeditious methods of attaining such standard, and (ii),
except as provided in paragraph (3)(C), whenever the Administrator
finds on the basis of information available to the Administrator that
the SIP is substantially inadequate to attain the NAAQS which it
implements or to otherwise comply with any additional requirements
under this Act.
    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory document: Implementation Plan
Review Document, approved by EPA April 19, 1983 (48 FR 16682).
    b. EPA analysis: The general provisions in Article 1 of the Wyoming
Environmental Quality Act (Article 1, Chapter 11, Title 35 of the
Wyoming Statutes) and the particular provision in Article 2 at section
35-11-202 of the Wyoming Statutes give the State sufficient authority
to revise the SIP as required by section 110(a)(2)(H).
    10. Nonattainment Area Plan or Plan Revision under Part D: Section
110(a)(2)(I) requires that a SIP or SIP revision for an area designated
as a nonattainment area must meet the applicable requirements of part D
of this subchapter (relating to nonattainment areas).
    a. EPA analysis for Section 110(a)(2)(I): As noted above, the
specific nonattainment area plan requirements of Section 110(a)(2)(I)
are subject to the timing requirement of Section 172, not the timing
requirement of Section 110(a)(1). This element is therefore not
applicable to this action. EPA will take action on part D attainment
plans through a separate process.
    11. Consultation with government officials, public notification,
PSD and visibility protection: Section 110(a)(2)(J) requires that each
SIP meet the applicable requirements of section 121 of this title
(relating to consultation), section 127 of this title (relating to
public notification), and part C of this subchapter (relating to
prevention of significant deterioration of air quality and visibility
protection).

    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory document: Consultation
document, approved by EPA July 2, 1979 (44 FR 38473). Regulatory-
document: 1979 WAQSR, Section 24, Prevention of significant
deterioration, approved by EPA on July 2, 1979 (44 FR 38473); Chapter
7, Section 4, Prevention of significant deterioration, approved by EPA
7/28/04 (69 FR 44965)
    b. EPA Analysis:
    The State has demonstrated that it has the authority and rules in
place to provide a process of consultation with general purpose local
governments, designated organizations of elected officials of local
governments and any Federal Land Manager having authority over federal
land to which the SIP applies, consistent with the requirements of CAA
section 121. Furthermore, EPA previously approved portions of the
Wyoming SIP meeting the requirements of CAA section 127. (44 FR 38473,
July 2, 1979.)
    As noted above, the State has a SIP-approved PSD program. EPA has
further evaluated Wyoming's SIP-approved PSD program in this proposed
action under IV.3, element 110(a)(2)(C). For the same reasons as
discussed in subsection IV.3, EPA proposes to disapprove the Wyoming
infrastructure SIP for the 1997 ozone NAAQS specifically for the
requirement in section 110(a)(2)(J) that the SIP meet the applicable
requirements of part C of title I of the Act, in particular with
regards to the requirement that the PSD program apply to GHG sources in
accordance with the Tailoring Rule.
    Finally, with regard to the applicable requirements for visibility
protection, EPA recognizes that states are subject to visibility and
regional haze program requirements under part C of the act. In the
event of the establishment of a new NAAQS, however, the visibility and
regional haze program requirements under part C do not change. Thus we
find that there is no new visibility obligation ``triggered'' under
section 110(a)(2)(J) when a new NAAQS becomes effective.
    12. Air quality and modeling/data: Section 110(a)(2)(K) requires
that each SIP provide for (i) the performance of such air quality
modeling as the Administrator may prescribe for the purpose of
predicting the effect on ambient air quality of any emissions of any
air pollutant for which the Administrator has established a NAAQS, and
(ii) the submission, upon request, of data related to such air quality
modeling to the Administrator.
    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Regulatory Documents: 1974 WAQSR, Section 21,
Permit requirements for construction, modification and operation,
approved by EPA on June 10, 1975 (40 FR 24726); 1979 WAQSR, Section 24,
Prevention of significant deterioration, approved by EPA on July 2,
1979 (44 FR 38473); Chapter 6, Section 2, Permit requirements for
construction, modification, and operation, approved by EPA on July 28,
2004 (69 FR 44965); Chapter 6, Section 4, Prevention of significant
deterioration, approved by EPA on July 28, 2004 (69 FR 44965).
    b. EPA Analysis: Wyoming's SIP meets the requirements of CAA
section 110(a)(2)(K) for the 1997 ozone NAAQS. In particular, Wyoming's
PSD program requires that estimates of ambient air concentrations be
based on applicable air quality models specified in Appendix W of 40
CFR part 51, and that modification or substitution of a model specified
in Appendix W must be approved by the Administrator. (See WAQSR Chapter
6, section 4(b)(iv).) As a result, the SIP provides for such air
quality modeling as the Administrator has prescribed.
    13. Permitting fees: Section 110(a)(2)(L) requires SIPs to require
the owner or operator of each major stationary source to pay to the
permitting authority, as a condition of any permit required under this
act, a fee sufficient to cover (i) the reasonable costs of reviewing
and acting upon any application for such a permit, and (ii) if the
owner or operator receives a permit for such source, the reasonable
costs of implementing and enforcing the terms and conditions of any
such permit (not including any court costs or other costs associated
with any enforcement action), until such fee requirement is superseded
with respect to such sources by the Administrator's approval of a fee
program under title V.
    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Regulatory Documents: 1993 WAQSR, Section 21,
Permit requirements for construction, modification, and operation,
approved by EPA on 11/29/94 (59 FR 60905); Chapter 6, Section 2, Permit
requirements for construction, modification and operation, approved by
EPA on July 28, 2004 (69 FR 44965).
    b. EPA Analysis: Wyoming's approved title V operating permit
program meets the requirements of CAA section 111(a)(2)(L) for the 1997
ozone NAAQS. Final approval of the title V operating permit program
became effective April 23, 1999 (64 FR 8523, Feb. 22, 1990). Interim
approval of Wyoming's title V operating permit program became effective
February 21, 1995 (60 FR 4563, Jan. 19, 1995). As discussed in a
previous direct final rule (which received comments) for interim
approval of the title V program (59 FR 48802, Sept. 23, 1994), the
State demonstrated that the fees collected were sufficient to
administer the program.
    14. Consultation/participation by affected local entities: Section
110(a)(2)(M) requires states to provide for consultation and
participation in SIP development by local political subdivisions
affected by the SIP.
    a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory document: Intergovernmental
Cooperation Document, approved by EPA on May 31, 1972 (37 FR 10842).
    b. EPA Analysis: Wyoming's submittal meets the requirements of CAA
Section 110(a)(2)(M) for the 1997 ozone NAAQS.

V. What action is EPA taking?

    In this action, EPA is proposing to approve the following
infrastructure elements for the 1997 ozone NAAQS: (A), (B), (C) with
regards to the requirement to have a minor NSR program, (D)(ii), (E),
(F), (G), (H), (J) with regards to the requirements related to sections
121 and 127 of the Act, (K), (L), and (M).
    In this action, EPA also proposes approval of the State's May 11,
2011 submission, updating the Wyoming PSD program to, among other
things, regulate NOX as a precursor to ozone. Contingent on
final approval of these updates, EPA is proposing to approve portions
of infrastructure elements (C) and (J) for the 1997 ozone NAAQS with
regards to the requirement that the State's SIP-approved PSD program
properly regulate ozone precursors.
    In this action, EPA is proposing to disapprove the following
infrastructure elements for the 1997 ozone NAAQS:
    (C) and (J) with regards to the requirement that the State's PSD
program regulate GHG-emitting sources in accordance with the Tailoring
Rule.
    In this action, EPA is taking no action on infrastructure elements
(D)(i), (I), and (J) specifically in regard to visibility, for the 1997
ozone NAAQS.

VI. 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 proposed action merely approves some state law as meeting Federal
requirements and disapproves other state law because it does not meet
Federal requirements; this proposed action 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 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).

    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

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.

    Dated: May 16, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2011-12600 Filed 5-20-11; 8:45 am]
BILLING CODE 6560-50-P