[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Proposed Rules]
[Pages 78529-78539]
[FR Doc No: 2016-26860]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0933; FRL-9954-92-Region 8]

Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2,
2010 SO2, and 2012 PM2.5 National Ambient Air Quality Standards;
Wyoming

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of State Implementation Plan (SIP) revisions from the
State of Wyoming to demonstrate the State meets infrastructure
requirements of the Clean Air Act (Act or CAA) for the National Ambient
Air Quality Standards (NAAQS) promulgated for ozone on March 12, 2008,
lead (Pb) on October 15, 2008, nitrogen dioxide (NO2) on
January 22, 2010, sulfur dioxide (SO2) on June 2, 2010, and
fine particulate matter (PM2.5) on December 14, 2012. The
EPA is also proposing to approve SIP revisions the State submitted
regarding state boards. Section 110(a) of the CAA requires that each
state submit a SIP for the implementation, maintenance and enforcement
of each NAAQS promulgated by the EPA.

DATES: Written comments must be received on or before December 8, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0933 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, 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:

I. General Information

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

    1. Submitting Confidential Business Information (CBI). Do not
submit CBI to the EPA through http://www.regulations.gov or email.
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 the EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    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 volume,
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 March 12, 2008, the EPA promulgated a new NAAQS for ozone,
revising the levels of the primary and secondary eight-hour ozone
standards from 0.08 parts per million (ppm) to 0.075 ppm (73 FR 16436,
March 27, 2008). Subsequently, on October 15, 2008, the EPA revised the
level of the primary and secondary Pb NAAQS from 1.5 micrograms per
cubic meter ([mu]g/m\3\) to 0.15 [mu]g/m\3\ (73 FR 66964, Nov. 12,
2008). On January 22, 2010, the EPA promulgated a new one-hour primary
NAAQS for NO2 at a level of 100 parts per billion (ppb)
while retaining the annual standard of 53 ppb. The 2010 NO2
NAAQS is expressed as the three-year average of the 98th percentile of
the annual distribution of daily maximum one-hour average
concentrations. The secondary NO2 NAAQS remains unchanged at
53 ppb (75 FR 6474, Feb. 9, 2010). On June 2, 2010, the EPA promulgated
a revised primary SO2 standard at 75 ppb, based on a three-
year average of the annual 99th percentile of one-hour daily maximum
concentrations (75 FR 35520, June 22, 2010). Finally, on December 14,
2012, the EPA promulgated a revised annual PM2.5 standard by
lowering the level to 12.0 [mu]g/m\3\ and retaining the 24-hour
PM2.5 standard at a level of 35 [mu]g/m\3\ (78 FR 3086, Jan.
15, 2013).
    Under sections 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure their SIPs provide for
implementation, maintenance and enforcement of the NAAQS. These
submissions must contain any revisions needed for meeting the
applicable SIP requirements of section 110(a)(2), or certifications
that their existing SIPs for PM2.5, ozone, Pb,
NO2, and SO2 already meet those requirements. The
EPA highlighted this

statutory requirement in an October 2, 2007, guidance document entitled
``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'' (2007 Memo). On September 25, 2009, the EPA issued
an additional guidance document pertaining to the 2006 PM2.5
NAAQS entitled ``Guidance on SIP Elements Required Under Sections
110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5)
National Ambient Air Quality Standards (NAAQS)'' (2009 Memo), followed
by the October 14, 2011, ``Guidance on Infrastructure SIP Elements
Required Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb)
National Ambient Air Quality Standards (NAAQS)'' (2011 Memo). Most
recently, the EPA issued ``Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean Air Act Sections
110(a)(1) and (2)'' on September 13, 2013 (2013 Memo).

III. What is the scope of this rulemaking?

    The EPA is acting upon the SIP submissions from Wyoming that
address the infrastructure requirements of CAA sections 110(a)(1) and
110(a)(2) for the 2008 ozone, 2008 Pb, 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS. The requirement for
states to make a SIP submission of this type arises out of CAA section
110(a)(1). Pursuant to section 110(a)(1), states must make SIP
submissions ``within three years (or such shorter period as the
Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof),'' and
these SIP submissions are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS. The statute directly
imposes on states the duty to make these SIP submissions, and the
requirement to make the submissions is not conditioned upon the EPA
taking any action other than promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of specific elements that ``[e]ach
such plan'' submission must address.
    The EPA has historically referred to these SIP submissions made for
the purpose of satisfying the requirements of CAA sections 110(a)(1)
and 110(a)(2) as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, the EPA uses the
term to distinguish this particular type of SIP submission from
submissions that are intended to satisfy other SIP requirements under
the CAA, such as ``nonattainment SIP'' or ``attainment plan SIP''
submissions to address the nonattainment planning requirements of part
D of title I of the CAA; ``regional haze SIP'' submissions required by
the EPA rule to address the visibility protection requirements of CAA
section 169A; and nonattainment new source review (NSR) permit program
submissions to address the permit requirements of CAA, title I, part D.
    Section 110(a)(1) addresses the timing and general requirements for
infrastructure SIP submissions, and section 110(a)(2) provides more
details concerning the required contents of these submissions. The list
of required elements provided in section 110(a)(2) contains a wide
variety of disparate provisions, some of which pertain to required
legal authority, some of which pertain to required substantive program
provisions, and some of which pertain to requirements for both
authority and substantive program provisions.\1\ The EPA therefore
believes that while the timing requirement in section 110(a)(1) is
unambiguous, some of the other statutory provisions are ambiguous. In
particular, the EPA believes that the list of required elements for
infrastructure SIP submissions provided in section 110(a)(2) contains
ambiguities concerning what is required for inclusion in an
infrastructure SIP submission.
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    \1\ For example: Section 110(a)(2)(E)(i) provides that states
must provide assurances that they have adequate legal authority
under state and local law to carry out the SIP; section 110(a)(2)(C)
provides that states must have a SIP-approved program to address
certain sources as required by part C of title I of the CAA; and
section 110(a)(2)(G) provides that states must have legal authority
to address emergencies as well as contingency plans that are
triggered in the event of such emergencies.
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    Examples of some of these ambiguities and the context in which the
EPA interprets the ambiguous portions of section 110(a)(1) and
110(a)(2) are discussed at length in our notice of proposed rulemaking:
Promulgation of State Implementation Plan Revisions; Infrastructure
Requirements for the 1997 and 2006 PM2.5, 2008 Lead, 2008
Ozone, and 2010 NO2 National Ambient Air Quality Standards;
South Dakota (79 FR 71040, Dec. 1, 2014) under ``III. What is the Scope
of this Rulemaking?''
    With respect to certain other issues, the EPA does not believe that
an action on a state's infrastructure SIP submission is necessarily the
appropriate type of action in which to address possible deficiencies in
a state's existing SIP. These issues include: (i) Existing provisions
related to excess emissions from sources during periods of startup,
shutdown, or malfunction (SSM) that may be contrary to the CAA and the
EPA's policies addressing such excess emissions; (ii) existing
provisions related to ``director's variance'' or ``director's
discretion'' that may be contrary to the CAA because they purport to
allow revisions to SIP-approved emissions limits while limiting public
process or not requiring further approval by the EPA; and (iii)
existing provisions for Prevention of Significant Deterioration (PSD)
programs that may be inconsistent with current requirements of the
EPA's ``Final NSR Improvement Rule,'' 67 FR 80186, Dec. 31, 2002, as
amended by 72 FR 32526, June 13, 2007 (``NSR Reform'').

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

    CAA 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, which 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): Interstate transport.
     110(a)(2)(E): Adequate resources and authority, conflict
of interest, and oversight of local governments and regional agencies.
     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 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: (1) Section 110(a)(2)(C) to the
extent it refers to permit programs (known as ``nonattainment NSR'')
required under part D, and (2) 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).
Furthermore, the EPA interprets the CAA section 110(a)(2)(J) provision
on visibility as not being triggered by a new NAAQS because the
visibility requirements in part C, title 1 of the CAA are not changed
by a new NAAQS.

V. How did Wyoming address the infrastructure elements of sections
110(a)(1) and (2)?

    The Wyoming Department of Environmental Quality (Department or
WDEQ) submitted certification of Wyoming's infrastructure SIP for the
2008 Pb NAAQS on October 12, 2011; 2008 ozone NAAQS on February 6,
2014; 2010 NO2 NAAQS on January 24, 2014; 2010
SO2 NAAQS on March 6, 2015; and 2012 PM2.5 on
June 24, 2016. Infrastructure SIPs were taken out for public notice and
Wyoming provided an opportunity for public hearing, as indicated in the
cover letter of each certification (available within this docket).
Wyoming's infrastructure certifications demonstrate how the State,
where applicable, has plans in place that meet the requirements of
section 110 for the 2008 Pb, 2008 ozone, 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS. These plans reference
the Wyoming Air Quality Standards and Regulations (WAQSR) and Wyoming
Statutes. These submittals are available within the electronic docket
for today's proposed action at www.regulations.gov. The WAQSR and
Wyoming Statutes referenced in the submittals are publicly available at
http://soswy.state.wy.us/Rules/default.aspx and http://legisweb.state.wy.us/LSOWEB/wyStatutes.aspx. Air pollution control
regulations and statutes that have been previously approved by the EPA
and incorporated into the Wyoming SIP can be found at 40 CFR 52.2620.

VI. Analysis of the State Submittals

    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.
    The State's submissions for the 2008 Pb, 2008 ozone 2010
NO2, 2010 SO2, and 2012 p.m.2.5
infrastructure requirements cite three non-regulatory documents (e.g.,
Control Strategy, Source Surveillance, and Compliance Schedule) which
were approved by EPA on May 31, 1972 (37 FR 10842). The State's
submissions also cite regulatory documents included in Chapters 1, 3,
4, 8, 10 and 13 of the WAQSR. The SIP approved non-regulatory documents
cited in combination with multiple SIP-approved state air quality
regulations within WAQSR and cited in Wyoming's certifications, provide
enforceable emission limitations and other control measures, means of
techniques, schedules for compliance, and other related matters
necessary to meet the requirements of the CAA section 110(a)(2)(A) for
the 2008 Pb, 2008 ozone, 2010 NO2, 2010 SO2 and
2012 PM2.5 NAAQS, subject to the following clarifications.
    First, this infrastructure element does not require the submittal
of regulations or emission limitations developed specifically for
attaining the 2008 Pb, 2008 ozone 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS. Wyoming's
certifications (contained within this docket) generally list provisions
and enforceable control measures within its SIP which regulate
pollutants through various programs. This includes its stationary
source permit program which requires sources to demonstrate that
emissions will not cause or contribute to a violation of any NAAQS.
This suffices, in the case of Wyoming, to meet the requirements of
section 110(a)(2)(A) for the 2008 Pb, 2008 ozone 2010 NO2,
2010 SO2 and 2012 PM2.5 NAAQS.
    Second, as previously discussed, the 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, the 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, the EPA is also not proposing to approve
or disapprove any existing state provision with regard to excess
emissions during 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 is addressing such state regulations
separately (80 FR 33840, June 12, 2015).
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    \2\ Steven Herman, Assistant Administrator for Enforcement and
Compliance Assurance, and Robert Perciasepe, Assistant Administrator
for Air and Radiation, Memorandum to the EPA Air Division Directors,
``State Implementation Plans (SIPs): Policy Regarding Emissions
During Malfunctions, Startup, and Shutdown.'' (September 20, 1999).
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    Therefore, the EPA is proposing to approve Wyoming's infrastructure
SIP for the 2008 Pb, 2008 ozone 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS with respect to the
general requirement in section 110(a)(2)(A) to include enforceable
emission limitations and other control measures, means, or techniques
to meet the applicable requirements of this element.
    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.''
    The State's submissions cite five non-regulatory documents (e.g.,
Air Quality Surveillance, Air Quality Surveillance Network,
Implementation Plan for Lead, Wyoming Ambient Air Monitoring Network
Plan, and the EPA Performance Partnership Agreement). The State's
submissions also cite regulatory documents included in Chapters 1 and 2
of the WAQSR. Provisions contained in Chapter 6, Section 2(b)(i) of the
WAQSR provide the legal authority and framework for the Air Quality
Division (AQD) Administrator to require that permit applicants submit
adequate monitoring data. Additionally, Chapter 6, Section 2(f)(iv)
enables the AQD Administrator to impose reasonable conditions upon an
approval to construct, modify, or operate, including ambient air
quality monitoring. Additionally, the State of Wyoming submits data to
the EPA's Air Quality System database in accordance with 40 CFR 58.16.
Finally, Wyoming's 2015 Annual Monitoring Network Plan was approved
through a letter dated September 24, 2015 (available within the
docket). The State provides the EPA with prior notification when
changes to its monitoring network or plan are being considered.
    We find that Wyoming's SIP and practices are adequate for the
ambient air quality monitoring and data system requirements and
therefore propose to approve the infrastructure SIP for the

2008 Pb, 2008 ozone, 2010 NO2, 2010 SO2 and 2012
PM2.5 NAAQS for this element.
    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.''
    To generally meet the requirements of section 110(a)(2)(C), the
State is required to have SIP-approved PSD, nonattainment NSR, and
minor NSR permitting programs that are adequate to implement the 2008
Pb, 2010 NO2, 2010 SO2 and 2012 PM2.5
NAAQS. The EPA already proposed approval of section 110(a)(2)(C) for
the 2008 ozone NAAQS in a separate rulemaking at 81 FR 53365 (Aug. 12,
2016). As explained elsewhere in this action, the EPA is not evaluating
nonattainment related provisions, such as the nonattainment NSR program
required by part D of the Act. The EPA is evaluating the State's PSD
program as required by part C of the Act, and the State's minor NSR
program as required by section 110(a)(2)(C).

Enforcement of Control Measures Requirement

    Wyoming's Rule (02) II, Legal Authority, which the EPA approved
into Wyoming's SIP,\3\ allows the State to enforce applicable laws,
regulations, and standards; to seek injunctive relief; and to provide
authority 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 prevention of significant deterioration requirements.
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    \3\ See 40 CFR 52.2620(e), Rule No. (02) II; 41 FR 36652 (Aug.
31, 1976) (approving Wyoming's revisions to its SIP).
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PSD Requirements

    With respect to Elements (C) and (J), the EPA interprets the CAA to
require each state to make an infrastructure SIP submission for a new
or revised NAAQS demonstrating that the air agency has a complete PSD
permitting program meeting the current requirements for all regulated
NSR pollutants. The requirements of Element D(i)(II) prong 3 may also
be satisfied by demonstrating the air agency has a complete PSD
permitting program that applies to all regulated NSR pollutants.
Wyoming has shown that it currently has a PSD program in place that
covers all regulated NSR pollutants, including greenhouse gases (GHGs).
    On July 25, 2011 (76 FR 44265), we approved a revision to the
Wyoming PSD program that addressed the PSD requirements of the Phase 2
Ozone Implementation Rule promulgated on November 29, 2005 (70 FR
71612). As a result, the approved Wyoming PSD program meets the current
requirements for ozone.
    With respect to GHGs, on June 23, 2014, the United States Supreme
Court addressed the application of PSD permitting requirements to GHG
emissions. Utility Air Regulatory Group v. Environmental Protection
Agency, 134 S.Ct. 2427 (2014). The Supreme Court held that the EPA may
not treat GHGs as an air pollutant for purposes of determining whether
a source is a major source required to obtain a PSD permit. The Court
also held that the EPA could continue to require that PSD permits,
otherwise required based on emissions of pollutants other than GHGs,
(anyway sources) contain limitations on GHG emissions based on the
application of Best Available Control Technology (BACT).
    In accordance with the Supreme Court decision, on April 10, 2015,
the U.S. Court of Appeals for the District of Columbia Circuit (the
D.C. Circuit) in Coalition for Responsible Regulation v. EPA, 606 F.
App'x. 6, at *7-8 (D.C. Cir. April 10, 2015), issued an amended
judgment vacating the regulations that implemented Step 2 of the EPA's
PSD and Title V Greenhouse Gas Tailoring Rule, but not the regulations
that implement Step 1 of that rule. Step 1 of the Tailoring Rule covers
sources that are required to obtain a PSD permit based on emissions of
pollutants other than GHGs. Step 2 applied to sources that emitted only
GHGs above the thresholds triggering the requirement to obtain a PSD
permit. The amended judgment preserves, without the need for additional
rulemaking by the EPA, the application of the BACT requirement to GHG
emissions from Step 1 or ``anyway sources.'' \4\ With respect to Step 2
sources, the D.C. Circuit's amended judgment vacated the regulations at
issue in the litigation, including 40 CFR 51.166(b)(48)(v), ``to the
extent they require a stationary source to obtain a PSD permit if
greenhouse gases are the only pollutant (i) that the source emits or
has the potential to emit above the applicable major source thresholds,
or (ii) for which there is a significant emission increase from a
modification.''
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    \4\ See 77 FR 41066 (July 12, 2012) (rulemaking for definition
of ``anyway'' sources).
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    The EPA is planning to take additional steps to revise the federal
PSD rules in light of the Supreme Court and subsequent D.C. Circuit
opinion. Some states have begun to revise their existing SIP-approved
PSD programs in light of these court decisions, and some states may
prefer not to initiate this process until they have more information
about the planned revisions to the EPA's PSD regulations. The EPA is
not expecting states to have revised their PSD programs in anticipation
of the EPA's planned actions to revise its PSD program rules in
response to the court decisions.
    At present, the EPA has determined that Wyoming's SIP is sufficient
to satisfy Elements (C), (D)(i)(II) prong 3 and (J) with respect to
GHGs. This is because the PSD permitting program previously approved by
the EPA into the SIP continues to require that PSD permits issued to
``anyway sources'' contain limitations on GHG emissions based on the
application of BACT. The EPA most recently approved revisions to
Wyoming's PSD program on December 6, 2013 (78 FR 73445). The approved
Wyoming PSD permitting program still contains some provisions regarding
Step 2 sources that are no longer necessary in light of the Supreme
Court decision and D.C. Circuit's amended judgment. Nevertheless, the
presence of these provisions in the previously-approved plan does not
render the infrastructure SIP submission inadequate to satisfy Elements
(C), (D)(i)(II) prong 3 and (J). The SIP contains the PSD requirements
for applying the BACT requirement to greenhouse gas emissions from
``anyway sources'' that are necessary at this time. The application of
those requirements is not impeded by the presence of other previously-
approved provisions regarding the permitting of Step 2 sources.
Accordingly, the Supreme Court decision and subsequent D.C. Circuit
judgment do not prevent the EPA's approval of Wyoming's infrastructure
SIP as to the requirements of Elements (C), (D)(i)(II) prong 3, and
(J).
    Finally, we evaluate the PSD program with respect to current
requirements for PM2.5. In particular, on May 16, 2008, the
EPA promulgated the rule, ``Implementation of the New Source Review
Program for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)'' (73 FR 28321) (2008 Implementation Rule). On
October 20, 2010 the EPA promulgated the rule, ``Prevention of
Significant Deterioration (PSD) for Particulate Matter Less Than 2.5

Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC)'' (75 FR 64864).
The EPA regards adoption of these PM2.5 rules as a necessary
requirement when assessing a PSD program for the purposes of Element
(C).
    On January 4, 2013, the U.S. Court of Appeals, in Natural Resources
Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013), issued a
judgment that remanded the EPA's 2007 and 2008 rules implementing the
1997 PM2.5 NAAQS. The court ordered the EPA to
``repromulgate these rules pursuant to Subpart 4 consistent with this
opinion.'' Id. at 437. Subpart 4 of part D, Title 1 of the CAA
establishes additional provisions for particulate matter nonattainment
areas.
    The 2008 Implementation Rule addressed by Natural Resources Defense
Council, ``Implementation of New Source Review (NSR) Program for
Particulate Matter Less Than 2.5 Micrometers (PM2.5),'' (73
FR 28321, May 16, 2008), promulgated NSR requirements for
implementation of PM2.5 in nonattainment areas
(nonattainment NSR) and attainment/unclassifiable areas (PSD). As the
requirements of Subpart 4 only pertain to nonattainment areas, the EPA
does not consider the portions of the 2008 Implementation Rule that
address requirements for PM2.5 attainment and unclassifiable
areas to be affected by the court's opinion. Moreover, the EPA does not
anticipate the need to revise any PSD requirements promulgated in the
2008 Implementation Rule in order to comply with the court's decision.
Accordingly, the EPA's proposed approval of Wyoming's infrastructure
SIP as to Elements (C), (D)(i)(II) prong 3, and (J) with respect to the
PSD requirements promulgated by the 2008 Ozone Implementation rule does
not conflict with the court's opinion.
    The court's decision with respect to the nonattainment NSR
requirements promulgated by the 2008 Implementation Rule also does not
affect the EPA's action on the present infrastructure action. The EPA
interprets the Act to exclude nonattainment area requirements,
including requirements associated with a nonattainment NSR program,
from infrastructure SIP submissions due three years after adoption or
revision of a NAAQS. Instead, these elements are typically referred to
as nonattainment SIP or attainment plan elements, which would be due by
the dates statutorily prescribed under subpart 2 through 5 under part
D, extending as far as 10 years following designations for some
elements.
    The second PSD requirement for PM2.5 is contained in the
EPA's October 20, 2010 rule, ``Prevention of Significant Deterioration
(PSD) for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC)'' (75 FR 64864). The EPA
regards adoption of the PM2.5 increments as a necessary
requirement when assessing a PSD program for the purposes of Element
(C). On July 25, 2011 (76 FR 44265), the EPA approved SIP revisions
that revised Wyoming's PSD program which incorporated the 2008
Implementation Rule. The EPA approved revisions to reflect the 2010
PM2.5 Increment Rule on December 6, 2013 (78 FR 73445).
Therefore, Wyoming's SIP approved PSD program meets current
requirements for PM2.5.
    Therefore, the EPA is proposing to approve Wyoming's infrastructure
SIP for the 2008 Pb, 2008 ozone, 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS with respect to the
requirement in section 110(a)(2)(C) to include a PSD permitting program
in the SIP that covers the requirements for all regulated NSR
pollutants as required by part C of the Act.

Minor NSR

    The State has a SIP-approved minor NSR program, adopted under
section 110(a)(2)(C) of the Act. The minor NSR program is found in
Chapter 6, Section 2 of the WAQSR. The 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, February 9, 1982). Since then,
the State and the 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 program do not interfere with attainment and
maintenance of the NAAQS.
    The EPA is proposing to approve Wyoming's infrastructure SIP for
the 2008 Pb, 2010 NO2, 2010 SO2 and 2012
PM2.5 NAAQS with respect to the general requirement in
section 110(a)(2)(C) to include a program in the SIP that regulates the
enforcement of control measures in the SIP, and the modification and
construction of any stationary source as necessary to assure that the
NAAQS are achieved.
    4. Interstate transport: The interstate transport provisions in CAA
section 110(a)(2)(D)(i) require each state to submit a SIP that
prohibits emissions that will have certain adverse air quality effects
in other states. CAA section 110(a)(2)(D)(i) identifies four distinct
prongs related to the impacts of air pollutants transported across
state lines. The two prongs under 110(a)(2)(D)(i)(I) require SIPs to
contain adequate provisions to prohibit any source or other type of
emissions activity within the state from emitting air pollutants that
will (prong 1) contribute significantly to nonattainment in any other
state with respect to any such national primary or secondary NAAQS, and
(prong 2) interfere with maintenance by any other state with respect to
the same NAAQS. The two prongs under 110(a)(2)(D)(i)(II) require SIPs
to contain adequate provisions to prohibit emissions that will
interfere with measures required to be included in the applicable
implementation plan for any other state under part C (prong 3) to
prevent significant deterioration of air quality or (prong 4) to
protect visibility. In this action, the EPA is only addressing prong 3
of CAA section 110(a)(2)(D)(i)(II) for the 2008 Pb, 2010
SO2, 2010 NO2 and 2012 PM2.5 NAAQS.
All other transport prongs will be addressed in separate rulemaking
actions.

Evaluation of Interference With Measures To Prevent Significant
Deterioration (PSD)

    With regard to the PSD portion of CAA section 110(a)(2)(D)(i)(II),
this requirement may be met by a state's confirmation in an
infrastructure SIP submission that new major sources and major
modifications in the state are subject to a comprehensive EPA-approved
PSD permitting program in the SIP that applies to all regulated NSR
pollutants and that satisfies the requirements of the EPA's PSD
implementation rules.\5\ As noted in the discussion for infrastructure
element (C) earlier in this notice, the EPA is proposing to approve CAA
section 110(a)(2) element (C) for Wyoming's infrastructure SIP for the
2008 Pb, 2010 NO2, 2010 SO2, and 2012
PM2.5 NAAQS with respect to PSD requirements. As discussed
in detail in that section, Wyoming's SIP meets the current PSD-related
requirements of section 110(a)(2)(C). For this reason, we are also
proposing to approve Wyoming's infrastructure SIP as meeting the
110(a)(2)(D)(i)(II) prong 3 (PSD) requirements for the 2008 Pb, 2010
NO2, 2010 SO2 and 2012 PM2.5 NAAQS.
---------------------------------------------------------------------------

    \5\ See 2013 Memo at 31.
---------------------------------------------------------------------------

    In-state sources not subject to PSD for a particular NAAQS because
they are in

a nonattainment area for that standard may also have the potential to
interfere with PSD in an attainment or unclassifiable area of another
state.\6\ One way a state may satisfy prong 3 with respect to these
sources is by citing an air agency's EPA-approved nonattainment NSR
provisions addressing any pollutants for which the state has designated
nonattainment areas. Wyoming has a SIP-approved nonattainment NSR
program which ensures regulation of major sources and major
modifications in nonattainment areas, and therefore satisfies prong 3
with regard to this requirement.\7\
---------------------------------------------------------------------------

    \6\ Id. at 31.
    \7\ See WAQSR Chapter 6, Section 13.
---------------------------------------------------------------------------

    The EPA is proposing to approve the infrastructure SIP submission
with regard to the requirements of prong 3 of section
110(a)(2)(D)(i)(II) for the 2008 Pb, 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS.
    5. Interstate and International transport provisions: CAA section
110(a)(2)(D)(ii) requires SIPs to include provisions ensuring
compliance with the applicable requirements of CAA sections 126 and 115
(relating to interstate and international pollution abatement,
respectively). Specifically, section 126(a) of the CAA requires major
new or modified sources to notify affected, nearby states of the
source's potential impacts on air pollution. Sections 126(b) and (c)
pertain to petitions affected states may seek from the Administrator of
the EPA (Administrator) regarding sources violating the ``interstate
transport'' provisions of section 110(a)(2)(D)(i). Section 115 of the
CAA similarly pertains to international transport of air pollution.
    As required by 40 CFR 51.166(q)(2)(iv), Wyoming's SIP-approved PSD
program requires major new or modified sources to provide notice to
states whose air quality may be impacted by the emissions of sources
subject to PSD.\8\ This suffices to meet the notice requirement of
section 126(a).
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    \8\ See WAQSR Chapter 6, Section 2.
---------------------------------------------------------------------------

    Wyoming has no pending obligations under sections 126(c) or 115(b)
of the CAA; therefore, its SIP currently meets the requirements of
those sections. In summary, the SIP meets the requirements of CAA
section 110(a)(2)(D)(ii), and the EPA is therefore proposing approval
of this element for the 2008 Pb, 2008 ozone, 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS.
    6. Adequate resources: Section 110(a)(2)(E)(i) requires states to
provide ``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).'' Section
110(a)(2)(E)(ii) also requires each state to ``comply with the
requirements respecting state boards'' under CAA section 128. Section
110(a)(2)(E)(iii) requires states to provide ``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. Sub-Elements (i) and (iii): Adequate Personnel, Funding, and Legal
Authority Under State Law To Carry Out Its SIP, and Related Issues
    The provisions contained in Articles 1 and 2 of the Wyoming
Environmental Quality Act (WEQA) (Chapter 11, Title 35 of the Wyoming
Statutes) give the State adequate authority to carry out its SIP
obligations with respect to the 2008 Pb, 2008 ozone, 2010
NO2, 2010 SO2 and 2012 PM2.5 NAAQS.
    With respect to funding, 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.
    Wyoming's Performance Partnership Agreement (available within the
docket) with the EPA 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. Annually, states update these grant commitments based on current
SIP requirements, air quality planning, and applicable requirements
related to the NAAQS. Wyoming satisfactorily met all commitments agreed
to in the Air Planning Agreement for fiscal year 2015. Furthermore,
WAQSR Chapter 6, Section 2(a)(v), Permit for construction,
modification, and 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 rules and commitments provide evidence that the Wyoming DEQ has
adequate personnel (see non-regulatory document, Resources Document,
cited in Wyoming's certifications), funding, and legal authority to
carry out the State's implementation plan and related issues.
    With respect to section 110(a)(2)(E)(iii), the State does not rely
upon any other local or regional government, agency or instrumentality
for implementation of the SIP. Therefore, we propose to approve
Wyoming's SIP as meeting the requirements of section 110(a)(2)(E)(i)
and (E)(iii) for the 2008 Pb, 2008 ozone, 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS.
b. Sub-Element (ii): State Boards
    Section 110(a)(2)(E)(ii) requires each state's SIP to contain
provisions that comply with the requirements of section 128 of the CAA.
Section 128 contains two explicit requirements: (i) That ``any board or
body which approves permits or enforcement orders under [the CAA] shall
have at least a majority of members who represent the public interest
and do not derive any significant portion of their income from persons
subject to permits or enforcement orders'' under the CAA; and (ii) that
``any potential conflicts of interest by members of such board or body
or the head of an executive agency with similar powers be adequately
disclosed.''
    In our December 6, 2013 (78 FR 73445) action, we disapproved
Wyoming's March 26, 2008 and August 19, 2011 infrastructure SIP
submissions for the 1997 and 2006 PM2.5 NAAQS for CAA
Section 110(a)(2)(E)(ii) because the Wyoming SIP did not contain
provisions meeting requirements of CAA section 128(a)(1) or (2). Under
section 110(c)(1)(B), this disapproval started a two-year clock for the
EPA to promulgate a federal implementation plan (FIP) to address the
deficiency.
    On May 31, 2016, the EPA received a submission from the State of
Wyoming to address the requirements of section 128 by adopting
revisions to Chapter 1, Section 16 of the Wyoming Department of
Environmental Quality General Rules of Practice and Procedure. The
Wyoming Environmental Quality Council approved these revisions on March
2, 2016. A copy of the submission, which includes as revisions, the
addition of Section 16, Air Quality Division, State Implementation
Plan, to Chapter 1, is available within this docket. These rules
address board composition and conflict of interest requirements of
section 128(a)(1) and (2). We propose to approve this new rule language
as meeting the requirements of section 128 for the reasons explained in
more detail below. Because this revision meets the requirements of
section 128, we also propose to approve the State's infrastructure SIP
submissions for element 110(a)(2)(E)(ii). The State submitted the
provisions to meet section 128 separately, but section 128 is not

NAAQS-specific and once the State has met the requirements of section
128, that is sufficient for purposes of section 110(a)(2)(E)(ii) for
all NAAQS. If we finalize this proposed approval for the 2008 Pb, 2008
ozone, 2010 NO2, 2010 SO2 and 2012
PM2.5 NAAQS, this will also resolve the prior disapproval
for element 110(a)(2)(E)(ii) for the 1997 and 2006 PM2.5
NAAQS and terminate the EPA's FIP obligation.
    We are proposing to approve the State's May 31, 2016 SIP submission
as meeting the requirements of section 128 because we believe that it
complies with the statutory requirements and is consistent with the
EPA's guidance recommendations concerning section 128. In 1978, the EPA
issued a guidance memorandum recommending ways states could meet the
requirements of section 128, including suggested interpretations of
certain key terms in section 128.\9\ In this proposed notice, we
discuss additional relevant aspects of section 128. We first note that,
in the conference report of the 1977 amendments to the CAA, the
conference committee stated, ``[i]t is the responsibility of each state
to determine the specific requirements to meet the general requirements
of [section 128].'' \10\ This legislative history indicates that
Congress intended states to have some latitude in adopting SIP
provisions with respect to section 128, so long as states meet the
statutory requirements of the section. We also note that Congress
explicitly provided in section 128 that states could elect to adopt
more stringent requirements, as long as the minimum requirements of
section 128 are met.
---------------------------------------------------------------------------

    \9\ Memorandum from David O. Bickart, Deputy General Counsel, to
Regional Air Directors, Guidance to States for Meeting Conflict of
Interest Requirements of Section 128 (Mar. 2, 1978).
    \10\ H.R. Rep. 95-564 (1977), reprinted in 3 Legislative History
of the Clean Air Act Amendments of 1977, 526-27 (1978).
---------------------------------------------------------------------------

    In implementing section 128, the EPA has identified a number of key
considerations relevant to evaluation of a SIP submission. The EPA has
identified these considerations in the 1978 guidance and in subsequent
rulemaking actions on SIP submissions relevant to section 128, whether
as SIP revisions for this specific purpose or as an element of broader
actions on infrastructure SIP submissions for one or more NAAQS.
    Each state must meet the requirements of section 128 through
provisions that the EPA approves into the state's SIP and are thus made
federally enforceable. Section 128 explicitly mandates that each SIP
``shall contain requirements'' that satisfy subsections 128(a)(1) and
128(a)(2). A mere narrative description of state statutes or rules, or
of a state's current or past practice in constituting a board or body
and in disclosing potential conflicts of interest, is not a requirement
contained in the SIP and does not satisfy the plain text of section
128.
    Subsection 128(a)(1) applies only to states that have a board or
body that is composed of multiple individuals and that, among its
duties, approves permits or enforcement orders under the CAA. It does
not apply in states that have no such multi-member board or body that
performs these functions, and where instead a single head of an agency
or other similar official approves permits or enforcement orders under
the CAA. This flows from the text of section 128, for two reasons.
First, as subsection 128(a)(1) refers to a majority of members of the
board or body in the plural, we think it reasonable to read subsection
128(a)(1) as not creating any requirements for an individual with sole
authority for approving permits or enforcement orders under the CAA.
Second, subsection 128(a)(2) explicitly applies to the head of an
executive agency with ``similar powers'' to a board or body that
approves permits or enforcement orders under the CAA, while subsection
128(a)(1) omits any reference to heads of executive agencies. We infer
that subsection 128(a)(1) should not apply to heads of executive
agencies who approve permits or enforcement orders. States with no
multi-member board or body that performs these functions, and instead
have a single head of an agency or other similar official who approves
CAA permits or enforcement orders, can satisfy the requirements of CAA
128(a)(1) with a negative declaration to that effect.
    Subsection 128(a)(2) applies to all states, regardless of whether
the state has a multi-member board or body that approves permits or
enforcement orders under the CAA. Although the title of section 128 is
``State boards,'' the language of subsection 128(a)(2) explicitly
applies where the head of an executive agency, rather than a board or
body, approves permits or enforcement orders. In instances where the
head of an executive agency delegates his or her power to approve
permits or enforcement orders, or where statutory authority to approve
permits or enforcement orders is nominally vested in another state
official, the requirement to adequately disclose potential conflicts of
interest still applies. In other words, the EPA interprets section
128(a)(2) to apply to all states, regardless of whether a state board
or body approves permits or enforcement orders under the CAA or whether
a head of a state agency (or his/her delegates) performs these duties.
Thus, all state SIPs must contain provisions that require adequate
disclosure of potential conflicts of interest in order to meet the
requirements of subsection 128(a)(2). The question of which entities or
parties must be subject to such disclosure requirements must be
evaluated by states and the EPA in light of the specific facts and
circumstances of each state's regulatory structure.
    A state may satisfy the requirements of section 128 by submitting
for adoption into the SIP a provision of state law that closely tracks
or mirrors the language of the applicable provisions of section 128. A
state may take this approach in two ways. First, the state may adopt
the language of subsections 128(a)(1) and 128(a)(2) verbatim. Under
this approach, the state will be able to meet the continuing
requirements of section 128 without any additional, future SIP
revisions, even if the state adds or removes authority, either at the
state or local level, to individual or to boards or bodies to approve
permits or enforcement orders under the CAA so long as the state
continues to meet section 128 requirements.
    Second, the state may modify the language of subsections 128(a)(1)
(if applicable) and 128(a)(2) to name the particular board, body, or
individual official with approval authority. In this case, if the state
subsequently modifies that authority, the state may have to submit a
corresponding SIP revision to meet the continuing requirements of
section 128. If the state chooses to not mirror the language of section
128, the state may adopt state statutes and/or regulations that
functionally impose the same requirements as those of section 128,
including definitions for key terms such as those recommended in the
EPA's 1978 guidance. While either of these approaches would meet the
minimum requirements of section 128, the statute also explicitly
authorizes states to adopt more stringent requirements, for example, to
impose additional requirements for recusal of board members from
decisions, above and beyond the explicit board composition
requirements. Although such recusal alone does not meet the
requirements of section 128, states have the authority to require such
recusal over and above the explicit requirements of section 128. These
approaches give states flexibility in implementing section 128, while
still ensuring consistency with the statute.

    As previously explained, the EPA interprets subsection 128(a)(1) to
apply only to states that have a board or body with multiple members
that, among its duties, approves permits or enforcement orders under
the Act. Wyoming's Environmental Quality Act establishes the
Environmental Quality Council (EQC or Council), a separate agency of
state government. See Wyoming Statutes 35-11-111(a). The members of the
Council are appointed by the Governor. Among the duties of the Council
are conducting hearings in any case contesting the administration or
enforcement of any law, rule, regulation, standard or order issued or
administered by DEQ or by any division of DEQ. Id. at 35-11-
112(a)(iii). In particular, a person subject to a DEQ order may request
a hearing before the Council. Id. at 35-11-701(c)(ii)-(iv). The Council
must also conduct hearings in any case contesting the grant, denial,
suspension, revocation or renewal of any permit authorized or required
by the Environmental Quality Act. Id. at 35-11-112(a)(iv). Under
Article 2, Air Quality, and Article 8, Permits, of the Environmental
Quality Act, any applicant for an air permit may petition the Council
for a hearing to contest DEQ's decision on the permit. See id. at 35-
11-208; 35-11-802.
    Given the duties and authorities of the Council, the Council
appears to be a ``board or body which approves permits or enforcement
orders'' under the CAA.\11\ As the EPA has explained in other
rulemaking actions, e.g., 78 FR 32613 (May 31, 2013), we interpret
section 128(a)(1) to mean that boards that are the potential final
decisionmaker via permit and enforcement order appeals ``approve''
those permits and enforcement orders. For example, by being the final
decisionmaker with respect to questions such as whether a source
receives a permit and the specific contents of such a permit, the
Council is an entity that approves the permit within the meaning of
128(a)(1). Thus, the EQC is subject to the requirements of 128(a)(1).
Wyoming's May 31, 2016 submission includes a provision in the Wyoming
DEQ Chapter 1, General Rules of Practice and Procedure Section
16(a)(i), Air Quality Division, State Implementation Plan, which
provides that the Council ``shall have at least a majority of members
who represent the public interest and do not derive a significant
portion of their income from persons subject to Air Quality permits or
enforcement orders, as required by the Clean Air Act, Section
128(a)(1).'' We propose to approve this submission as satisfying the
requirements of subsection 128(a)(1).
---------------------------------------------------------------------------

    \11\ See, e.g., 78 FR 32613 (May 31, 2013), for a discussion of
the phrase ``board or body which approves permits or enforcement
orders.''
---------------------------------------------------------------------------

    The State's May 31, 2016 submittal includes requirements that
Council members ``disclose any potential conflicts of interest in a
public meeting of the Council as required by the Clean Air Act, Section
128(a)(2).'' Thus, Wyoming's submittal addresses disclosure of
potential conflicts of interest from Council members that approve
permits and enforcement orders under the Act. We therefore propose to
approve this submission as satisfying the requirements of subsection
128(a)(2).
    In summary, the EPA proposes to approve Wyoming's May 31, 2016
submittal into the SIP to meet the requirements of section 128 of the
Act. We also propose to approve Wyoming's infrastructure SIP with
respect to the requirements of Section 110(a)(2)(E)(ii) for 2008 Pb,
2008 ozone, 2010 NO2, 2010 SO2 and
2012 PM2.5 NAAQS.
    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.''
    Wyoming's SIP approved monitoring provision cited by Wyoming in its
certifications (WAQSR Chapter 6, Section 2, Permit requirements for
construction, modification, and operation), pertains to its program of
periodic emissions testing and plant inspections of stationary sources,
and related testing requirements and protocols (including periodic
reporting) to assure compliance with emissions limits. Additionally,
WAQSR Chapter 7, Section 2 (Continuous monitoring requirements for
existing sources), requires certain sources to install and maintain
continuous emission monitors to assure compliance with emission
limitations.
    Furthermore, Wyoming is required to submit emissions data to the
EPA for purposes of the National Emissions Inventory (NEI). The NEI is
the EPA's central repository for air emissions data. The EPA published
the Air Emissions Reporting Rule (AERR) on December 5, 2008, which
modified the requirements for collecting and reporting air emissions
data (73 FR 76539). The AERR shortened the time states had to report
emissions data from 17 to 12 months, giving states one calendar-year to
submit emissions data. All states are required to submit a
comprehensive emissions inventory every three years and report
emissions for certain larger sources annually through the EPA's online
Emissions Inventory System. States report emissions data for the six
criteria pollutants and their associated precursors--nitrogen oxides,
sulfur dioxide, ammonia, lead, carbon monoxide, particulate matter and
volatile organic compounds. Many states also voluntarily report
emissions of hazardous air pollutants. Wyoming made its latest update
to the NEI in May 2016. The EPA compiles the emissions data,
supplementing it where necessary, and releases it to the general public
through the Web site https://www.epa.gov/air-emissions-inventories.
    Based on the analysis above, we propose to approve the Wyoming SIP
as meeting the requirements of CAA section 110(a)(2)(F) for the 2008
Pb, 2008 ozone, 2010 NO2, 2010 SO2 and
2012 PM2.5 NAAQS.
    8. Emergency powers: Section 110(a)(2)(G) of the CAA requires
infrastructure SIPs to ``provide for authority comparable to that in
[CAA section 303] and adequate contingency plans to implement such
authority[.]''
    Under CAA section 303, the EPA Administrator has authority to bring
suit to immediately restrain an air pollution source that presents an
``imminent and substantial endangerment to public health or welfare, or
the environment.'' \12\ If such action may not practicably assure
prompt protection, then the Administrator has authority to issue
temporary administrative orders to protect the public health or
welfare, or the environment, and such orders can be extended if the EPA
subsequently files a civil suit. We propose to find that Wyoming's
infrastructure SIP submittals provide for authority for the State
comparable to that granted to the EPA Administrator to act in the face
of an imminent and substantial endangerment to the public's health or
welfare, or the environment.
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    \12\ A discussion of the requirements for meeting CAA section
303 is provided in our notice of proposed rulemaking: Promulgation
of State Implementation Plan Revisions; Infrastructure Requirements
for the 1997 and 2006 PM2.5, 2008 Lead, 2008 Ozone, and
2010 NO2 National Ambient Air Quality Standards; South
Dakota (79 FR 71040, Dec. 1, 2014) under ``VI. Analysis of State
Submittals, 8. Emergency powers.''

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    Wyoming's SIP certifications with regard to the section
110(a)(2)(G) emergency order requirements cite EPA approved provisions
(WAQSR Chapter 12, Section 2, Air pollution emergency episodes) which
establish a basis for the Division to issue notices to the public
relating to levels of air pollution from ``alerts,'' ``warnings,'' and
``emergencies'' to prevent ``a substantial threat to the health of
persons'' if ``such [pollution] levels are sustained or exceeded'' in
places that are attaining or have attained such pollution levels. WAQSR
Chapter 12, Section 2(a) allows for the broad application of this
provision to ``air pollutants'' beyond PM10 and
SO2. Sections 35-11-115(a) and (b) of the WEQA also provides
the Director power to issue emergency orders ``to reduce or discontinue
immediately the actions causing the condition of pollution'' and
institute ``a civil action for immediate injunctive relief to halt any
activity'' presenting an ``immediate and substantial danger to human or
animal health or safety.''
    Furthermore, as stated in Wyoming's 2012 PM2.5
certification, WEQA Section 35-11-901(a) authorizes the DEQ to seek a
penalty or injunction from a court of competent jurisdiction for
``[a]ny person who violates, or any director, officer or agent of a
corporate permittee who willfully and knowingly authorizes, orders or
carries out the violation of any provision of this act, or any rule,
regulation, standard or permit adopted hereunder or who violates any
determination or order of the council pursuant to this act or any rule,
regulation, standard permit, license or variance. . .''
    While no single Wyoming statute mirrors the authorities of CAA
section 303, we propose to find that the combination of WEQA and WAQSR
provisions previously discussed provide for authority comparable to
section 303. Section 303 authorizes the Administrator to immediately
bring suit to restrain and issue emergency orders when necessary, and
to take prompt administrative action against any person causing or
contributing to air pollution that presents an imminent and substantial
endangerment to public health or welfare, or the environment.
Therefore, we propose that Wyoming's SIP submittals sufficiently meet
the requirements of CAA 110(a)(2)(G) because they demonstrate that
Wyoming has authority comparable to CAA section 303.
    States must also have adequate contingency plans adopted into their
SIP to implement the air agency's emergency episode authority (as
previously discussed). This can be done by submitting a plan that meets
the applicable requirements of 40 CFR part 51, subpart H for the
relevant NAAQS if the NAAQS is covered by those regulations. The EPA
approved Wyoming's Emergency Episode Plan on February 9, 1982 at 47 FR
5892. We find that Wyoming's Emergency Episode Plan and air pollution
emergency rules (WAQSR Chapter 12, Section 2, Air pollution emergency
episodes) include PM10 \13\ and SO2 \14\;
establish stages of episode criteria; provide for public announcement
whenever any episode stage has been determined to exist; and specify
emission control actions to be taken at each episode stage, consistent
with the EPA emergency episode SIP requirements set forth at 40 CFR
part 51 subpart H (prevention of air pollution emergency episode) for
particulate matter, ozone, NO2, and SO2.
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    \13\ The EPA has not yet promulgated regulations for ambient
levels pertaining to priority levels for PM2.5 under the
2012 NAAQS (2013 Memo, p. 47). The EPA's September 25, 2009 Memo
(available within the docket) suggested that states with areas that
have had a PM2.5 exceedance greater than 140.4 mg/
m3 should develop and submit an emergency episode plan.
If no such concentration was recorded in the last three years, the
guidance suggested that the State can rely on its general emergency
authorities. In this rulemaking, we continue to view these
suggestions as appropriate in assessing Wyoming's SIP for this
element. Wyoming has not had such a recorded PM2.5 level
and thus an emergency episode plan for PM2.5 is not
necessary. The SIP therefore meets the requirements of CAA section
110(a)(2)(G) for the 2012 PM2.5 NAAQS.
    \14\ As stated in Wyoming's 2012 PM2.5 infrastructure
SIP certification, ``WAQSR Chapter 12, Emergency Controls,
establishes a basis for the Division to issue air pollution alerts,
warnings, or emergencies in order to prevent the occurrence of an
air pollution emergency stemming from the effects of air pollutants
on the health of persons. While guidance for the issuance of alerts,
warnings, or emergencies is established specifically for
PM10 and SO2, the chapter does not limit its
purview to these two pollutants--and could encompass other
pollutants such as PM2.5.'' Furthermore, Wyoming is not
required to have a specific contingency plan for particulate matter,
ozone, NO2, or SO2 (see 40 CFR 52.2621).
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    As noted in the 2011 Memo ``based on [the] EPA's experience to date
with the Pb NAAQS and designating Pb nonattainment areas, [the] EPA
expects that an emergency episode associated with Pb emissions would be
unlikely and, if it were to occur, would be the result of a malfunction
or other emergency situation at a relatively large source of Pb'' (page
14).\15\ Accordingly, the EPA believes the central components of a
contingency plan would be to reduce emissions from the source at issue
and communicate with the public as needed. We note that 40 CFR part 51,
subpart H (51.150-51.152) and 40 CFR part 51, appendix L do not apply
to Pb.
---------------------------------------------------------------------------

    \15\ October 14, 2011, ``Guidance on Infrastructure SIP Elements
Required Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb)
National Ambient Air Quality Standards (NAAQS).''
---------------------------------------------------------------------------

    Based on the above analysis, we propose approval of Wyoming's SIP
as meeting the requirements of CAA section 110(a)(2)(G) for the 2008
Pb, 2008 ozone, and 2010 NO2, 2010 SO2 and 2012
PM2.5 NAAQS.
    9. Future SIP revisions: Section 110(a)(2)(H) requires that SIPs
provide for revision of such plan: (i) ``[f]rom 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].''
    The general provisions in Article 1 of the WEQA (Article 1, Chapter
11, Title 35 of the Wyoming Statutes) and the particular provision in
Article 2, section 35-11-202 of the Wyoming Statutes, gives the
Director sufficient authority to meet the requirements of CAA section
110(a)(2)(H). Therefore, we propose to approve Wyoming's SIP as meeting
the requirements of CAA section 110(a)(2)(H).
    10. 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 PSD of
air quality and visibility protection).''
    In its certifications, the State cites one non-regulatory document
relative to consultation with government officials (e.g., Consultation,
approved by EPA July 2, 1979 (44 FR 38473)) to meet the requirements of
CAA section 121. 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 (see Wyoming's non-regulatory
document, Intergovernmental Cooperation). Furthermore, the non-
regulatory document, Public Notification of Air Quality, approved by
EPA July 2, 1979 (44 FR 38473), cited by Wyoming, meets the general
requirements of CAA section 127 to

notify the public when the NAAQS have been exceeded.
    Wyoming's SIP regulations for its PSD program were first federally-
approved and made part of the SIP on September 6, 1979 (44 FR 51977).
The EPA has further evaluated the State's SIP-approved PSD program in
section VI.3 which discusses element 110(a)(2)(C) of this proposed
action. As explained in that section, we propose to approve Wyoming's
infrastructure SIPs for the 2008 Pb, 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS with respect to the
requirement in element (C) to have a permit program as required by Part
C of the Act. We similarly propose to approve the infrastructure SIPs
for the 2008 Pb, 2010 NO2, 2010 SO2 and 2012
PM2.5 NAAQS with respect to the requirement in element (J)
that the SIP meet the applicable requirements of Part C with respect to
PSD.
    Finally, with regard to the applicable requirements for visibility
protection, the EPA recognizes 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 are no applicable visibility requirements under section
110(a)(2)(J) when a new NAAQS becomes effective.
    Based on the above analysis, we propose to approve the Wyoming SIP
as meeting the requirements of CAA section 110(a)(2)(J) for the 2008
Pb, 2008 ozone, 2010 NO2, 2010 SO2 and
2012 PM2.5 NAAQS.
    11. Air quality and modeling/data: Section 110(a)(2)(K) requires
each SIP to 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.''
    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 2(b)(iv)). Additionally, WAQSR Chapter 6,
Section 2(f)(iv) authorizes the AQD Administrator to impose any
reasonable conditions upon an approval to construct, modify or operate,
including modeling ``. . . to determine the effect which emissions from
a source may have, or is having, on air quality in any area which may
be affected by emissions from such source.'' Furthermore, the WEQA 35-
11-1101(b) and Wyoming's PPA provide Wyoming with the authority to
submit air quality modeling date to the Administrator.\16\ As a result,
the SIP provides for such air quality modeling as the Administrator has
prescribed.
---------------------------------------------------------------------------

    \16\ See Email from Michael Morris ``Question Regarding iSIP
Element K- Submission of Air Quality Modeling Data'' September 15,
2016, available within docket.
---------------------------------------------------------------------------

    Therefore, we propose to approve the Wyoming SIP as meeting CAA
section 110(a)(2)(K) for the 2008 Pb, 2008 ozone, 2010
NO2, 2010 SO2 and 2012 PM2.5 NAAQS.
    12. Permitting fees: Section 110(a)(2)(L) requires ``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.''
    WAQSR Chapter 6, Section 2, paragraph (o) and WEQA sections 35-11-
211(a), Fees, require applicants of construction permits to pay the
costs for DEQ to review and act on the permit applications. We also
note that fees collected under Wyoming's approved title V permit
program (64 FR 8523, Feb, 22, 1990) are sufficient to implement and
enforce the program (see 59 FR 48802, Sept. 23, 1994). Therefore we
propose to approve the submissions as submitted by the State for the
2008 Pb, 2008 ozone, 2010 NO2, 2010 SO2 and 2012
PM2.5 NAAQS.
    13. 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].''
    The non-regulatory document, Intergovernmental Cooperation, cited
in Wyoming's submittals meets the requirements of CAA section
110(a)(2)(M). We propose to approve Wyoming's SIP as meeting these
requirements for the 2008 Pb, 2008 ozone, 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS.

VII. What action is the EPA taking?

    In this action, the EPA is proposing to approve infrastructure
elements for the 2008 Pb, 2008 ozone, 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS from the State's
certifications as shown in Table 1. Elements we propose no action on
are reflected in Table 2. Finally, the EPA is proposing to approve a
new Wyoming DEQ General Rules of Practice and Procedures submitted on
May 31, 2016 to satisfy requirements of element (E)(ii),which refers to
requirements related to state boards.
    A comprehensive summary of infrastructure elements, and additions
to the Wyoming DEQ Rules of Practice and Procedures organized by the
EPA's proposed rule action are provided in Table 1 and Table 2.

 Table 1--List of Wyoming Infrastructure Elements and Revisions That the
                       EPA Is Proposing To Approve
------------------------------------------------------------------------
                          Proposed for approval
-------------------------------------------------------------------------
October 12, 2011 submittal--2008 Pb NAAQS: (A), (B), (C), (D)(i)(II)
 prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
March 6, 2015 submittal--2010 SO2 NAAQS: (A), (B), (C), (D)(i)(II) prong
 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
February 6, 2014 submittal--2008 Ozone NAAQS: (A), (B), (D)(ii), (E),
 (F), (G), (H), (J), (K), (L) and (M).
January 24, 2014 submittal--2010 NO2 NAAQS: (A), (B), (C), (D)(i)(II)
 prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
June 24, 2016 submittal--2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II)
 prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
May 31, 2016 submittal--New Rules to Wyoming DEQ General Rules of
 Practice and Procedure, CAA Section 128: Chapter 1, General Provisions,
 Section 16, Air Program State Implementation Plan.
------------------------------------------------------------------------

 Table 2--List of Wyoming Infrastructure Elements and Revisions That the
                  EPA Is Proposing To Take No Action On
------------------------------------------------------------------------
   Proposed for no action (revision to be made in separate rulemaking
                                action.)
-------------------------------------------------------------------------
January 19, 2012 submittal--2008 Pb NAAQS: (D)(i)(I) prongs 1 and 2,
 (D)(i)(II) prong 4.
February 6, 2014 submittal--2008 Ozone NAAQS: (D)(i) prongs 1-4 and (C)
 (proposed action on (D)(i)(II) prong 3 and (C) at 81 FR 53365, Aug. 12,
 2016).
January 31, 2013 submittal--2010 NO2 NAAQS: (D)(i)(I) prongs 1 and 2,
 (D)(i)(II) prong 4.
June 2, 2013 submittal--2010 SO2 NAAQS: (D)(i)(I) prongs 1 and 2,
 (D)(i)(II) prong 4.
December 22, 2015 submittal--2012 PM2.5 NAAQS: (D)(i)(I) prongs 1 and 2,
 (D)(i)(II) prong 4.
------------------------------------------------------------------------

VIII. Incorporation by Reference

    In this rulemaking, 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 Wyoming Department of Environmental
Quality General Rules of Practice and Procedure, Chapter 1, General
Provisions, Section 16, Air Program State Implementation Plan Chapter
1, General Provisions, Section 16, Air Program State Implementation
Plan pertaining to state board requirements VI.6. b. Sub-element (ii):
State boards, of this preamble. The EPA has made, and will continue to
make, these documents generally available through www.regulations.gov
and/or at the EPA Region 8 office (please contact the person identified
in the ``For Further Information Contact'' section of this preamble for
more information).

IX. Statutory and Executive Orders Review

    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
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, Oct. 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, Aug. 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, Feb. 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).

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.

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

    Dated: October 20, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2016-26860 Filed 11-7-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Rules and Regulations]
[Pages 67378-67380]
[FR Doc No: 2019-26465]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0171; FRL-10002-97-Region 4]

Air Plan Approval; Tennessee: Knox County Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving several
Tennessee State Implementation Plan (SIP) revisions submitted by the
Tennessee Department of Environment and Conservation (TDEC), on behalf
of Knox County's Air Quality Management Division by a letter dated May
24, 2018. The submissions revise four sections of Knox County's Air
Quality Management Regulations covering definitions, opening burning,
permits and emissions reporting requirements. These actions are being
approved pursuant to the Clean Air Act (CAA or Act).

DATES: This rule will be effective January 9, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0171. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9043. Mr. Lakeman can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In a letter dated May 24, 2018, TDEC submitted SIP revisions to EPA
for approval into the Knox County portion of the Tennessee SIP.\1\
Specifically, the May 24, 2018, SIP revisions include changes to the
following Knox County SIP-approved regulations: Section 13.0--
``Definitions,'' Section 16.0--``Open Burning,'' Section 25.11--
``Limiting a Source's Potential to Emit of VOC by Recordkeeping,'' and
Section 26.0--``Monitoring, Recording, and Reporting.'' These revisions
are intended, in part, to conform Knox County's regulations with the
State of Tennessee's SIP-approved regulations.
---------------------------------------------------------------------------

    \1\ EPA notes that the Agency received the SIP revision on May
29, 2018.
---------------------------------------------------------------------------

    See EPA's notice of proposed rulemaking (NPRM) published on October
22, 2019 (84 FR 56407) for further detail on the changes made in the
July 2, 2018, submission. Comments were due on November 21, 2019, and
EPA received no adverse comments on the NPRM. EPA is approving the
changes to four sections of Knox County's rules: Section 13.0--
``Definitions,'' Section 16.0--``Open Burning,'' Section 25.11--
``Limiting a Source's Potential to Emit of VOC by Recordkeeping,'' and
Section 26.0--``Monitoring, Recording, and Reporting'' because these
changes are consistent with the CAA.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Knox County's
Air Quality Management Regulations, Section 13.0--``Definitions,''
state effective January 24, 2018; Section 16.2--``Definitions,'' state
effective January 24, 2018; Section 25.11--``Limiting a Source's
Potential to Emit of VOC by Recordkeeping,'' state effective October
18, 2017; and Section 26.7--``Emission Inventory Requirements,'' state
effective October 18, 2017. These revisions are intended, in part, to
conform Knox County's regulations with the State of Tennessee's SIP-
approved regulations. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 4 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\2\
---------------------------------------------------------------------------

    \2\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is approving the aforementioned changes to the Knox County
portion of the Tennessee SIP submitted on May 24, 2018, that make
revisions to Knox County's Air Quality Management Regulations, Section
13.0--``Definitions,'' Section 16.0--``Open Burning,'' Section 25.11--
``Limiting a Source's Potential to Emit of VOC by Recordkeeping,'' and
Section 26.0--``Monitoring, Recording, and

Reporting.'' EPA views these changes as being consistent with the CAA.

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. See 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. These actions merely
approve state law as meeting Federal requirements and would not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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).
    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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    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. 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 February 10, 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, Incorporation by
reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

    Dated: November 25, 2019.
Mary S. Walker,
Regional Administrator, Region 4.

    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 RR--Tennessee

0
2. Section 52.2220(c), Table 3, is amended by:
0
a. Revising the entries for ``13.0'' and ``16.0.''
0
b. Adding an entry for ``16.2'' in numerical order; and
0
c. Under the heading ``Section 25.0--Permits'':
0
i. Removing the entry for ``25.2; 25.4; 25.5; 25.6; 25.7; 25.10;
25.11'' and adding the entry ``25.2; 25.4; 25.5; 25.6; 25.7; 25.10'' in
its place;
0
ii. Adding an entry for ``25.11'' in numerical order;
0
iii. Revising the entry for ``26.0''; and
0
iv. Adding an entry for ``26.7'' in numerical order.
    The revisions and additions read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3--EPA-Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State section               Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
13.0.............................  Definitions........       1/24/2018  12/10/2019; [Insert
                                                                         citation of
                                                                         publication].

                                                  * * * * * * *
16.0.............................  Open Burning.......      12/14/2005  1/3/07, 72 FR 20...  With the exception
                                                                                of 16.2--
                                                                                Definitions.
16.2.............................  Definitions........       1/24/2018  12/10/2019; [Insert
                                                                         citation of
                                                                         publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              Section 25.0--Permits
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
25.2; 25.4; 25.5; 25.6; 25.7;      Application for           3/12/2014  4/22/2016, 81 FR
 25.10.                             Permit; Compliance                   23640.
                                    Schedule;
                                    Reporting of
                                    Information;
                                    Exemptions;
                                    Payment of Fees;
                                    Permit by Rule.
25.11............................  Limiting a Source's      10/18/2017  12/10/2019; [Insert
                                    Potential to Emit                    citation of
                                    of VOC by                            publication].
                                    Recordkeeping.
26.0.............................  Monitoring,               1/21/2015  11/5/2015, 80 FR     With the exception
                                    Recording, and                       68450.               of 26.7--Emission
                                    Reporting.                                                Inventory
                                                                                Requirements.
26.7.............................  Emission Inventory       10/18/2017  12/10/2019; [Insert
                                    Requirements.                        citation of
                                                                         publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-26465 Filed 12-9-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 29, 2009 (Volume 74, Number 18)]
[Notices]
[Page 5192-5193]
[DOCID:fr29ja09-101]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting.

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, January
29, 2009 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain

staff members who have an interest in the matters also may be present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (6), (7), 9(ii) and (10), permit consideration of
the scheduled matters at the Closed Meeting.
    Acting Chairman Walter, as duty officer, voted to consider the
items listed for the Closed Meeting in closed session, and determined
that no earlier notice thereof was possible.
    The subject matter of the Closed Meeting scheduled for Thursday,
January 29, 2009 will be:
    Formal orders of investigation;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an
enforcement nature;
    A litigation matter;
    A collection matter;
    Adjudicatory matters; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: January 23, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-1883 Filed 1-28-09; 8:45 am]

BILLING CODE 8011-01-P