[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Rules and Regulations]
[Page 39383]
[FR Doc No: 2015-16762]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0601]

Drawbridge Operation Regulations, Milford Haven; Grimstead and
Gwynn's Island, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Gwynn's Island (SR#223) Draw Bridge
across the Milford Haven, mile 0.5, between Grimstead and Gwynn's
Island VA. This deviation is necessary to facilitate bridge
maintenance. This deviation allows the bridge to remain in the closed-
to-navigation position.

DATES: This deviation is effective from 8 a.m. to 4 p.m. on July 8,
2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0601], is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH''. Click on Open Docket Folder on the
line associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Hal R. Pitts, Bridge
Administration Branch Fifth District, Coast Guard; telephone (757) 398-
6222, email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Virginia Department of Transportation,
who owns and operates the Gwynn's Island (SR#223) Draw Bridge, has
requested a temporary deviation from the current operating regulations
set out in 33 CFR 117.5, to facilitate bridge maintenance.
    Under the regular operating schedule, the Gwynn's Island (SR#223)
Draw Bridge, mile 0.5, between Grimstead and Gwynn's Island, VA, opens
on signal. The bridge is a swing draw bridge and has a vertical
clearance in the closed position of 12 feet above mean high water.
    Under this temporary deviation, the bridge will be closed to
navigation from 8 a.m. to 4 p.m. on July 8, 2015.
    The Milford Haven is used by a variety of vessels including small
commercial fishing vessels and recreational vessels. The Coast Guard
has carefully coordinated the restrictions with commercial and
recreational waterway users.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will not be able to open for emergencies
and there is no alternate route for vessels unable to pass through the
bridge in the closed position. The Coast Guard will also inform the
users of the waterways through our Local and Broadcast Notice to
Mariners of the change in operating schedule for the bridge so that
vessels can arrange their transits to minimize any impacts caused by
the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: July 2, 2015.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2015-16762 Filed 7-8-15; 8:45 am]
 BILLING CODE 9110-04-P


<!DOCTYPE HTML PUBLIC "-//-//W3C//DTD HTML 3.2//EN">

<META name="generator" content="PDFCreactiveX HTML Export">
<META name="creation-date" content="11/03/2010 04:03:47 ">
<TITLE></TITLE>


[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Proposed Rules]
[Pages 66352-66361]
[FR Doc No: 2019-26028]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0419; FRL-10002-37-Region 8]

Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 2015 Ozone National Ambient Air
Quality Standards; Wyoming

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: On October 1, 2015, the Environmental Protection Agency (EPA)
promulgated the 2015 ozone NAAQS, revising the standard to 0.070 parts
per million. Whenever a new or revised National Ambient Air Quality
Standard (NAAQS) is promulgated, the Clean Air Act (CAA or Act)
requires each state to submit a State Implementation Plan (SIP)
revision for the implementation, maintenance and enforcement of the new
standard. This submission is commonly referred to as an infrastructure
SIP. In this action we are proposing to act on multiple elements of the
Wyoming infrastructure SIP submission with respect to infrastructure
requirements for the 2015 ozone NAAQS, which was submitted to the EPA
on January 3, 2019.

DATES: Written comments must be received on or before January 3, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0419, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air and Radiation
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Clayton Bean,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Mail can be directed to the Air and Radiation
Division, U.S. EPA, Region 8, Mail-code 8ARD-QP, 1595 Wynkoop Street,
Denver, Colorado, 80202-1129.

SUPPLEMENTARY INFORMATION: Throughout this document, ``reviewing
authority,'' ``we,'' ``us,'' and ``our'' refer to the EPA.

I. Background

    On March 12, 2008, the EPA promulgated a new NAAQS for ozone,
revising the levels of the primary and secondary 8-hour ozone standards
from 0.08 parts per million (ppm) to 0.075 ppm (73 FR 16436). More
recently, on October 1, 2015, the EPA promulgated and revised the NAAQS
for ozone, further strengthening the primary and secondary 8-hour
standards to 0.070 ppm (80 FR 65292) (referred to as the ``2015 ozone
NAAQS''). This revision triggered the CAA requirement for states to
submit SIPs addressing basic infrastructure elements required to
implement, maintain and enforce the 2015 ozone NAAQS. See CAA section
110(a)(1) and (2); see also ``Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean Air Act Sections
110(a)(1) and (2),'' September 13, 2013 (2013 Memo).

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 ensure 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
section III. The EPA's Evaluation of the State Submittal.

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

    The Wyoming 2015 ozone NAAQS infrastructure SIP submission
demonstrates how the State, where applicable, has plans in place that
meet the requirements of section 110 for the 2015 ozone NAAQS. The
State submittal is available within the electronic docket for today's
proposed action at www.regulations.gov.
    The Wyoming Department of Environmental Quality (WDEQ) submitted a
certification of Wyoming's infrastructure SIP for the 2015 ozone NAAQS
on January 3, 2019. The submission references the Wyoming Air Quality
Standards and Regulations (WAQSR) and Wyoming Statutes. The statutes
referenced in this submittal are publicly available at http://sosswy.state.wy.us/Rules/default.aspx and http://legisweb.state.wy.us/LSOWEB/wyStatues.aspx. Wyoming's approved SIP can be found at CFR
52.2620.

II. EPA's Approach To Review of Infrastructure SIP Submissions

    Due to ambiguity in some of the language of CAA section 110(a)(2),
the EPA believes that it is appropriate to interpret these provisions
in the specific context of acting on infrastructure SIP submissions.
The EPA has previously provided comprehensive guidance on the
application of these provisions through a guidance document for
infrastructure SIP submissions and through regional actions on
infrastructure submissions.\1\ Unless otherwise noted below, we are
following that existing approach in acting on this submission. In
addition, in the context of acting on such infrastructure submissions,
the EPA evaluates the submitting state's SIP for facial compliance with
statutory and regulatory requirements, not for the state's
implementation of its SIP.\2\ The EPA has other authority to address
any issues concerning a state's implementation of the rules,
regulations, consent orders, etc. that comprise its SIP.\3\
---------------------------------------------------------------------------

    \1\ The EPA explains and elaborates on these ambiguities and its
approach to address them in its 2013 Memo (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs. Guidance on
Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as
well as in numerous agency actions, including EPA's prior action on
South Dakota's infrastructure SIP to address 1997 and 2006
PM2.5, 2008 Lead, 2008 Ozone, and 2010 NO2
NAAQS (79 FR 71040, (December 1, 2014)).
    \2\ See Montana Environmental Information Center v. EPA, 902
F.3d 971 (9th Cir. 2018).
    \3\ Id.
---------------------------------------------------------------------------

III. The EPA's Evaluation of the State Submittal

    (a) 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 the
Act.
    The State's submission and the EPA's analysis: The State's
submission for the 2015 ozone NAAQS infrastructure requirements cites
three non-regulatory documents (e.g., Control Strategy, Source
Surveillance, and Compliance Schedule) which were approved by the EPA
(37 FR 10842, May 31, 1972). The State's submissions also cite
regulatory documents included in Chapters 1, 3, 4, 8, 10 and 13 of the
WAQSR that have been approved into the SIP. The approved state air
quality regulations within the WAQSR and cited in Wyoming's
certifications provide enforceable emission limitations, and other
control measures, means of techniques, and schedules for compliance,
and other related matters necessary to meet the requirements of the CAA
section 110(a)(2)(A) for the 2015 ozone NAAQS subject to the following
clarification.
    First, this infrastructure element does not require the submittal
of regulations or emission limitations developed specifically for
attaining the 2015 ozone NAAQS. Second, the EPA does not consider SIP
requirements triggered by the nonattainment area mandates in part D of
Title I of the CAA to be governed by the submission deadline of CAA
section 110(a)(1). Accordingly, Wyoming's submission (contained within
this docket) listing provisions and enforceable control measures within
its SIP which regulate ozone and its precursors through various
programs, including Wyoming's stationary source permit program,
suffices to meet the requirements of section 110(a)(2)(A) for the 2015
ozone NAAQS.
    (b) 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.''
    (i) State's submission: Wyoming references the following non-
regulatory documents as the provisions for air quality episode
monitoring, data compilation and reporting, public availability of
information and annual network reviews:
     Air Quality Surveillance Document, approved by the EPA (37
FR 10842, May 31, 1972).
     Air Quality Surveillance Network Document, approved by the
EPA (47 FR 5892, February 9, 1982).
     Implementation Plan for Lead, approved by the EPA (49 FR
39843, October 11, 1984).
     Wyoming Ambient Air Monitoring Annual Network Plan,
submitted to the EPA on June 26, 2018, approved, except for Section
5.1--Permitted Industrial Monitors, by the EPA on October 23, 2018.
     Wyoming Ambient Air Monitoring Annual Network Plan,
approved by the EPA on November 7, 2017.
    Wyoming also included a Performance Partnership Agreement (PPA)
with the EPA as Appendix A of the state's submission. The PPA contains
a work plan that addresses the state's commitment to maintain an
ambient monitoring network in accordance with 40 CFR part 58 and to
submit air quality data to the Air Quality System (AQS) database.
    (ii) The EPA's analysis: In accordance with 40 CFR 58.10, Wyoming
submits an annual monitoring network plan (AMNP) to the EPA,
summarizing the State's monitoring efforts to ensure full compliance
with the NAAQS. Following Wyoming's SIP submittal, the State submitted
its 2019 AMNP to the EPA on June 28, 2019, which was subsequently
approved by the EPA on October 11, 2019 (Wyoming's 2019 AMNP and EPA's
approval letter are available within the docket). Additionally, Wyoming
submits monitoring data to the AQS database in accordance with 40 CFR
58.16. Accordingly, we find that

Wyoming's SIP and practices are adequate for the ambient air quality
monitoring and data system requirements for the 2015 ozone NAAQS, and,
therefore, propose to approve the submission for this element.
    (c) CAA Sec.  110(a)(2)(C): Program for Enforcement of Control
Measures: CAA section 110(a)(2)(C) requires each state to have a
program that provides for the following three sub-elements:
Enforcement; state-wide regulation of new and modified minor sources
and minor modifications of major sources; and preconstruction
permitting of major sources and major modifications in areas designated
attainment or unclassifiable for the 2015 ozone NAAQS as required by
CAA title I part C (i.e., the major source PSD program).
    (i) State's submission: The Wyoming submission refers to the
following regulatory and non-regulatory documents which address and
provide for meeting all requirements of CAA section 110(a)(2)(C):
     WAQSR Chapter 6, Section 2, Permit requirements for
construction, modification and operation.
     WAQSR Chapter 6, Section 4, Prevention of significant
deterioration.
     WAQSR Chapter 6, Section 13, Nonattainment permit
requirements.
     Legal Authority Document; approved by the EPA (37 FR
10832, May 31, 1972).
     Source Surveillance Document; approved by the EPA (37 FR
10832, May 31, 1972).
     Review of New Sources and Modifications Document; approved
by the EPA (37 FR 10832, May 31, 1972).
    The submission also notes that the PSD program as approved by the
EPA covers all regulated pollutants, including greenhouse gases (GHGs).
    (ii) The EPA's analysis: With regard to the sub-element requirement
to have a program providing for enforcement of all SIP measures, we are
proposing to find that Wyoming's Rule (02) II, Legal Authority
Document, which the EPA approved into the Wyoming SIP,\4\ shows the
State has the authority to enforce applicable laws, regulations and
standards; to seek injunctive relief; and to prevent construction,
modification, or operation of any stationary source at any location
where emissions from such source will prevent the attainment or
maintenance of a national standard or interfere with PSD requirements.
---------------------------------------------------------------------------

    \4\ See 40 CFR 52.2620(e), Rule No. (02) II; 41 FR 36652 (Aug.
31, 1976) (approving Wyoming's revisions to its SIP).
---------------------------------------------------------------------------

    Turning to the second sub-element of the state-wide regulation of
new and modified minor sources and minor modifications of major
sources, Wyoming 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 over the years, the EPA has subsequently approved
revisions to this program as consistent with the CAA and Federal minor
NSR requirements codified at 40 CFR 51.160 through 40 CFR 51.164. 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. We propose to determine that this program regulates
construction of new and modified minor sources of ozone precursors for
purposes of the 2015 ozone NAAQS.
    Lastly, to generally meet the requirements of CAA section
110(a)(2)(C) with regard to the sub-element of preconstruction
permitting of major sources and major modifications in areas designated
attainment or unclassifiable for the subject NAAQS as required by CAA
title I part C, a state is required to have PSD, NNSR and minor NSR
permitting programs adequate to implement the 2015 ozone NAAQS.
    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 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). We most recently approved revisions to Wyoming's PSD program on
September 20, 2018 (84 FR 18991), in which Wyoming incorporated the
2015 ozone NAAQS into their SIP in Chapter 2, Section 6 (Ambient
Standards for Ozone). Wyoming's SIP approved PSD program is codified in
WAQSR Chapter 6, to include Sections 2, 4 and 13. 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.'' \5\[thinsp]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.'' The EPA subsequently revised
our PSD regulations to remove the vacated provisions. 80 FR 50199 (Aug.
19, 2015).
---------------------------------------------------------------------------

    \5\ See 77 FR 41066 (July 12, 2012) (rulemaking for definition
of ``anyway'' sources).
---------------------------------------------------------------------------

    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 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 NNSR 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 NNSR 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 2015 ozone 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.
    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.
    Therefore, based on the foregoing, the EPA is proposing to approve
Wyoming's infrastructure SIP for the 2015 ozone 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.
    (d) Interstate Transport: CAA section 110(a)(2)(D)(i) consists of
four separate elements, or ``prongs.'' CAA section 110(a)(2)(D)(i)(I)
requires SIPs to contain adequate provisions prohibiting emissions
which will contribute significantly to nonattainment of the NAAQS in
any other state (prong 1), and adequate provisions prohibiting
emissions which will interfere with maintenance of the NAAQS by any
other state (prong 2). CAA section 110(a)(2)(D)(i)(II) requires SIPs to
contain adequate provisions prohibiting emissions which will interfere
with any other state's required measures to prevent significant
deterioration of its air quality (prong 3), and adequate provisions
prohibiting emissions which will interfere with any other state's
required measures to protect visibility (prong 4). This proposed action
will not address the prongs 1 and 2 portions of the Wyoming 2015 ozone
infrastructure SIP. We will act on these portions of Wyoming's
infrastructure SIP in a separate rulemaking action.
    The prong 3 (PSD) requirement of CAA section 110(a)(2)(D)(II) may
be met for all NAAQS 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 rule(s).\6\
---------------------------------------------------------------------------

    \6\ See 2013 Memo.
---------------------------------------------------------------------------

    To meet the prong 4 (visibility) requirement of CAA section
110(a)(2)(D)(i)(II) under the 2015 ozone NAAQS, a SIP must address the
potential for interference with visibility protection caused by ozone,
including precursors. An approved regional haze SIP that fully meets
the regional haze requirements in 40 CFR 51.308 satisfies the
110(a)(2)(D)(i)(II) requirement for visibility protection as it ensures
that emissions from the state will not interfere with measures required
to be included in other state SIPs to protect visibility. In the
absence of a fully approved regional haze SIP, a state can still make a
demonstration that satisfies the visibility requirement section of
110(a)(2)(D)(i)(II).\7\
---------------------------------------------------------------------------

    \7\ See 2013 Memo. In addition, the EPA approved the visibility
requirement of 110(a)(2)(D)(i) for the 1997 Ozone and
PM2.5 NAAQS for Colorado before taking action on the
State's regional haze SIP. 76 FR 22036 (April 20, 2011).
---------------------------------------------------------------------------

    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). CAA section 126 requires notification to neighboring states
of potential impacts from a new or modified major stationary source and
specifies how a state may petition the EPA when a major source or group
of stationary sources in a state is thought to contribute to certain
pollution problems in another state. CAA section 115 governs the
process for addressing air pollutants emitted in the United States that
cause or contribute to air pollution that may reasonably be anticipated
to endanger public health or welfare in a foreign country.
    (i) State's submission: To address prong 3 (PSD) for the 2015 ozone
NAAQS, Wyoming references relevant portions of the Wyoming SIP.
Specifically, the State references WAQSR Chapter 6, sections 4
(Prevention of significant deterioration), 2 (Permit requirements for
construction, modification, and operation) and 13 (Nonattainment permit
requirements). On the basis of these SIP-approved provisions, Wyoming
concludes that its SIP is sufficient to meet the prong 3 requirements
of CAA section 110(a)(2)(D)(i)(II).
    To address prong 4 (visibility) for the 2015 ozone NAAQS, Wyoming's
January 3, 2019 submission pointed to both its regional haze SIP and
WAQSR Chapter 9, Section 2, ``Visibility,'' to certify that the State
meets the prong 4 requirements of section 110(a)(2)(D)(i)(II). As
explained below, this information is relevant in determining whether
Wyoming's SIP will achieve the emission reductions that the Western
Regional Air Partnership (WRAP) states mutually agreed are necessary to
avoid interstate visibility impacts in Class I areas.\8\
---------------------------------------------------------------------------

    \8\ See 2013 Memo at 34.
---------------------------------------------------------------------------

    To address CAA section 110(a)(2)(D)(ii), Wyoming states that no
sources within the State are the subject of an active finding under CAA
section 126, and that there are no final findings under CAA section 115
against Wyoming with respect to the 2015 8-hour ozone NAAQS. For these
reasons, Wyoming asserts that its infrastructure SIP meets the
requirements of CAA section 110(a)(2)(D)(ii) for the 2015 8-hour ozone
NAAQS.
    (ii) The EPA's analysis:
    Prong 3: Interference with PSD measures.
    As noted, the PSD portion of section 110(a)(2)(D)(i)(II) 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 rule(s).\9\ As discussed
in Section III.(c)(ii) of this proposed action, Wyoming has such a
program, and the EPA is therefore proposing to approve Wyoming's SIP
for the 2015 ozone NAAQS with respect to the requirement in section
110(a)(2)(C) to include a permit program in the SIP as required by part
C of the CAA.
---------------------------------------------------------------------------

    \9\ See 2013 Memo at 31.
---------------------------------------------------------------------------

    As stated in the 2013 Memo, in-state sources not subject to PSD for
any one or more of the pollutants subject to regulation under the CAA
because they are in a nonattainment area for a NAAQS related to those
particular pollutants may also have the potential to interfere with PSD
in an attainment or unclassifiable area of another state. One way a
state may satisfy prong 3 with respect to these sources is by citing
EPA-approved nonattainment new source review (NNSR) provisions
addressing any pollutants for which the state has designated
nonattainment areas. Wyoming has a SIP-approved NNSR program that
ensures regulation of major sources and major modifications in
nonattainment areas.\10\
---------------------------------------------------------------------------

    \10\ See WAQSR Chapter 6, Section 13, and also 81 FR 35273, June
2, 2016.
---------------------------------------------------------------------------

    As Wyoming's SIP meets PSD requirements for all regulated NSR
pollutants, and contains a fully approved NNSR program, the EPA is
proposing to approve the infrastructure SIP submission as meeting the
applicable requirements of prong 3 of section 110(a)(2)(D)(i) for the
2015 ozone NAAQS.
    Prong 4: Interference with measures to protect visibility.
    On January 12, 2011, and April 19, 2012, Wyoming submitted to the
EPA SIP revisions to address the requirements of the regional haze
program. The EPA approved Wyoming's April 19, 2012 submittal and
partially approved Wyoming's January 12, 2011 submittal in a final
action published December 12, 2012 (77 FR 73926). This included the
EPA's approval of Wyoming's best available retrofit technology (BART)
alternative for SO2, which relied on the State's
participation in the backstop SO2 trading program under 40
CFR 51.309.\11\ In a separate action, the EPA partially approved and
partially disapproved the remainder of Wyoming's January 12, 2011 SIP
revision (79 FR 5032, Jan. 30, 2014). In that action, the EPA
disapproved the following portions of the submittal: Wyoming's
NOX BART determinations for five units at three facilities;
the State's reasonable progress goals; monitoring, recordkeeping and
reporting requirements; portions of the long-term strategy, and; the
provisions necessary to review reasonably attributable visibility
improvement. Id. at 5038. The EPA also promulgated a final FIP to
address these deficiencies. Id.
---------------------------------------------------------------------------

    \11\ Wyoming's ``Western Backstop Sulfur Dioxide Trading
Program'' can be found in Wyoming Air Quality Standards and
Regulations (WAQSR) Chapter 14, Section 2.
---------------------------------------------------------------------------

    The 2013 Memo states that section 110(a)(2)(D)(i)(II)'s prong 4
requirements can be satisfied by approved SIP provisions that the EPA
has found to adequately address a state's contribution to visibility
impairment in other states. The EPA interprets prong 4 to be pollutant-
specific, such that the infrastructure SIP submission need only address
the potential for interference with protection of visibility caused by
the pollutant (including precursors) to which the new or revised NAAQS
applies. See 2013 Memo at 33.
    The 2013 Memo lays out two ways in which a state's infrastructure
SIP submittal may satisfy prong 4. As explained above, one way is
through a state's confirmation in its infrastructure SIP submittal that
it has an EPA-approved regional haze SIP in place.

This approval option is not available in this case due to the
disapproval and FIP of portions of the Wyoming Regional Haze SIP, as
discussed previously. Alternatively, in the absence of a fully approved
regional haze SIP, a state can make a demonstration in its
infrastructure SIP submittal that emissions within its jurisdiction do
not interfere with other states' plans to protect visibility. Such a
submittal should point to measures in the SIP that limit visibility-
impairing pollutants and ensure that the resulting reductions conform
to any mutually agreed emission reductions under the relevant regional
haze Regional Planning Organization (RPO) process.\12\
---------------------------------------------------------------------------

    \12\ See id. at 34, and also 76 FR 22036 (April 20, 2011)
containing EPA's approval of the visibility requirement of
110(a)(2)(D)(i)(II) based on a demonstration by Colorado that did
not rely on the Colorado Regional Haze SIP.
---------------------------------------------------------------------------

    WDEQ worked through its RPO, the WRAP, to develop strategies to
address regional haze. To help states in establishing reasonable
progress goals for improving visibility in Class I areas, the WRAP
modeled future visibility conditions based on the mutually agreed
emissions reductions from each state. The WRAP states then relied on
this modeling in setting their respective reasonable progress goals. If
the emissions reductions from measures in Wyoming's SIP were to conform
with the level of emission reductions the State agreed to include in
the WRAP modeling, this would be sufficient for the Wyoming SIP to meet
the prong 4 visibility requirement of CAA section 110(a)(2)(D)(i)(II).
However, the EPA cannot rely on the emissions reductions from sources
subject to BART and reasonable progress that are in the FIP rather than
the Wyoming SIP. For this reason, the emission reductions in the
Wyoming SIP are less than those included in the WRAP modeling, and
therefore the EPA does not consider the State's participation in the
RPO process as satisfying the prong 4 requirements.
    The EPA is proposing to disapprove Wyoming's prong 4 infrastructure
SIP for the 2015 ozone NAAQS. The EPA's disapproval of Wyoming's
NOX BART determination in our January 30, 2014 final
rulemaking included the specific disapproval of the NOx control
measures the State submitted for PacifiCorp Dave Johnston Unit 3,
PacifiCorp Wyodak Unit 1, and Basin Electric Laramie River Units 1, 2
and 3 (See 79 FR 5038). The EPA recently updated the BART determination
and associated emission limits for Laramie River Units 1, 2 and 3 for
the Wyoming regional haze FIP. (See 84 FR 22711). However, because this
BART determination remains in the FIP rather than in Wyoming's SIP, the
EPA cannot rely on any of these emissions reductions for the purposes
of finding that the Wyoming SIP satisfies the requirements of prong 4.
    As noted, Wyoming referenced both its Regional Haze SIP and WAQSR
Chapter 9, Section 2 as justification for the approvability of prong 4
for the 2015 ozone NAAQS. Because the WDEQ did not provide an
alternative demonstration that its SIP contains measures to limit
NOX emissions in accordance with the emission reductions it
agreed to under the WRAP,\13\ the EPA's disapproval of portions of
Wyoming's NOX BART determination means that Wyoming's SIP
does not include measures needed to ensure that its emissions will not
interfere with other states' plans to protect visibility from the
effects of NAAQS pollutants impacted by NOX. Specifically,
NOX is a precursor of ozone, and is also a term which refers
to both nitrogen oxide (NO) and nitrogen dioxide (NO2). The
EPA is therefore proposing to disapprove prong 4 of Wyoming's
infrastructure SIP with regard to the 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \13\ The Visibility section of WAQSR Chapter 9, Section 2 does
not address NOx emissions reductions.
---------------------------------------------------------------------------

    If the EPA disapproves an infrastructure SIP for prong 4, as we are
proposing, a FIP obligation will be created. However, as noted
previously, the EPA has promulgated a FIP for Wyoming that corrects all
regional haze SIP deficiencies (79 FR 5032, January 30, 2014).
Therefore, there will be no additional practical consequences from the
disapproval for WDEQ, the sources within its jurisdiction, or the EPA,
and the EPA will not be required to take further action with respect to
these prong 4 disapprovals, if finalized, because the FIP already in
place would satisfy the requirements with respect to prong 4 (See 2013
Memo at 34-35). Additionally, since the infrastructure SIP submission
is not required under part D of title I or in response to a SIP call
under CAA section 110(k)(5), mandatory sanctions under CAA section 179
would not apply.
    110(a)(2)(D)(ii): Interstate and international transport
provisions.
    In the EPA's assessment of CAA section 110(a)(2)(D)(ii), we
reviewed the information presented by Wyoming in its 2015 Ozone
infrastructure SIP submission, as well as relevant portions of the EPA-
approved Wyoming SIP. 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.\14\ This suffices to meet the
notice requirement of section 126(a). Wyoming also has no pending
obligations under sections 126(c) or 115(b) of the CAA. Therefore, the
Wyoming SIP currently meets the requirements of those sections. For
these reasons, the EPA is proposing to find that the Wyoming SIP meets
the requirements of CAA section 110(a)(2)(D)(ii) for the 2015 ozone
NAAQS.
---------------------------------------------------------------------------

    \14\ See WAQSR Chapter 6, Section 2.
---------------------------------------------------------------------------

    (e) 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)
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.''
    The State's submission and the EPA's analysis:
    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 2015 ozone NAAQS.
    With respect to funding, the State receives sections 103 and 105
grant funds through its PPA along with required state matching funds to
provide the funding necessary to carry out Wyoming's SIP requirements.
Wyoming's PPA (available within this 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.
Furthermore, WAQSR Chapter 6, Section 2(a)(v), Permit for construction,
modification, operation,

requires the owner and operator of each new major source or major
modification to pay a fee sufficient to cover the cost of reviewing and
acting on permit applications. Collectively, these rules and
commitments provide evidence that the WDEQ has adequate personnel (see
non-regulatory document, Resource 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 2015 ozone NAAQS.
    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 requires SIPs to contain two explicit requirements: (i)
That any board or body which approves permits or enforcements orders
under the CAA 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 such permits and enforcement orders; 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.''
    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 WDEQ's General Rules of
Practice and Procedure. The Wyoming Environmental Quality Council
approved these revisions on March 2, 2016. These rules address board
composition and conflict of interest requirements of section 128(a)(1)
and (2). We approved this new rule language as meeting the requirements
of section 128 for the reasons explained in more detail in the notice
proposing our approval.\15\
---------------------------------------------------------------------------

    \15\ EPA's proposed rule notice (81 FR 78536, Nov. 8, 2016) and
EPA's final rule notice (82 FR 18992 Apr. 25, 2017).
---------------------------------------------------------------------------

    Based on our prior approval of Wyoming's section 128 submission, we
propose to approve Wyoming's infrastructure SIP with respect to the
requirements of Section 110(a)(2)(E)(ii) for 2015 ozone NAAQS.
    (f) Stationary source monitoring system: Section 110(a)(2)(F)
requires the SIP to require, as may be prescribed by the EPA: (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.
    The State's submission and the EPA's analysis: 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
emission testing and plant inspections of stationary sources, and
related testing requirements and protocols (including periodic
reporting) to assure compliance with emissions limits. 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,
WAQSR Chapter 8, Section 5 (Ozone nonattainment emission inventory
rule) pertains to facilities or sources operating in ozone
nonattainment area(s) and requires each emission inventory to include
specific reporting and recordkeeping requirements.
    Furthermore, Wyoming is required to submit emissions data to the
EPA for purposes of the National Emissions Inventory (NEI), as detailed
above. Wyoming made its last update to the NEI in January 17, 2019. The
EPA compiles the emissions data, supplementing it where necessary, and
releases it to the general public through the website http://www.epa.gov/ttn/chief/eiinformation.html.
    Based on the analysis above, we propose to approve Wyoming's SIP as
meeting the requirements of CAA section 110(a)(2)(F) for the 2015 ozone
NAAQS.
    (g) 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 Administrator has authority to
immediately restrain an air pollution source that presents an imminent
and substantial endangerment to public health or welfare, or the
environment. 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.
    The State's submission and the EPA's analysis: Wyoming's SIP
certification with regard to the section 110(a)(2)(G) requirements cite
the 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. 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 2015 ozone certification, WEQA
Section 35-11-901(a) authorizes the WDEQ 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 authority requirement of CAA section 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). The requirements for contingency plans are set
forth in 40 CFR part 51, subpart H. Wyoming currently has two regions
classified as priority II for particulate matter: Cheyenne Intrastate
and Casper Intrastate. See 40 CFR 52.2621; see also 37 FR 10842. None
of the State's regions have been classified as a priority I region for
any pollutant. Id. Wyoming's Emergency Episode Plan and air pollution
emergency rules (WAQSR Chapter 12, Section 2, Air pollution emergency
episodes) address PM10 and SO2; establish stages
of episode criteria; provide for public a proclamation whenever any
episode stage has been determined to exist; and specify emission
control actions to be taken at each episode stage. EPA approved
Wyoming's Emergency Episode Plan and air pollution emergency rules on
May 31, 1972 (37 FR 10842).
    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 2015
ozone NAAQS.
    (h) Future SIP revisions: Section 110(a)(2)(H) requires that SIPs
provide for revision of such plan: (i) From time to time as may be
necessary to take account of revisions of such national primary or
secondary ambient air quality standard or the availability of improved
or more expeditious methods of attaining such standard; and (ii),
except as provided in paragraph (3)(C), whenever the Administrator
finds on the basis of information available to the Administrator that
the SIP is substantially inadequate to attain the NAAQS which it
implements or to otherwise comply with any additional requirements
under this [Act].
    The State's submission and the EPA's analysis: The general
provisions in section 35-11-109 and the particular provision in section
35-11-202 of the Wyoming Statutes, gives the Director sufficient
authority to revise the SIP as specified by 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) for the 2015 ozone NAAQS.
    (i) CAA Sec.  110(a)(2)(I): Nonattainment Area Plan Revision Under
Part D: There are two elements identified in CAA section 110(a)(2) not
governed by the three-year submission deadline of CAA section 110(a)(1)
because SIPs incorporating necessary local nonattainment area controls
are due on nonattainment area plan schedules pursuant to section 172
and the various pollutant-specific subparts 2 through 5 of part D.
These are submissions required by: (i) CAA section 110(a)(2)(C) to the
extent that subsection refers to a permit program as required in part
D, title I of the CAA; and (ii) section 110(a)(2)(I) which pertain to
the nonattainment planning requirements of part D, title I of the CAA.
As a result, this action does not address CAA section 110(a)(2)(C) with
respect to NNSR or CAA section 110(a)(2)(I).
    (j) CAA Sec.  110(a)(2)(J): Consultation with government officials,
public notification, PSD and visibility protection: CAA section
110(a)(2)(J) requires states to provide a process for consultation with
local governments and Federal Land Managers (FLMs) pursuant to CAA
section 121. CAA section 110(a)(2)(J) further requires states to notify
the public if NAAQS are exceeded in an area and to enhance public
awareness of measures that can be taken to prevent exceedances pursuant
to CAA section 127. Lastly, CAA section 110(a)(2)(J) requires states to
meet applicable requirements of part C, title I of the CAA related to
prevention of significant deterioration and visibility protection.
    (i) State's submission: The Wyoming submission references the
following laws and regulations relating to consultation with identified
officials on certain air agency actions: public notification;
prevention of significant deterioration; and visibility protection:
     Consultation SIP Document, approved by the EPA (44 FR
38473, July 2, 1979);
     Public Notification of Air Quality SIP Document, approved
by the EPA (44 FR 38473, July 2, 1979);
     Wyoming SIP for Class I Visibility Protection SIP
Document, approved by the EPA (54 FR 6912, February 15, 1989);
     WAQSR, Section 28, Visibility;
     WAQSR, Section 28, Visibility, Chapter 6, Section 4,
Prevention of significant deterioration; and
     WAQSR, Section 28, Visibility, Chapter 9, Section 2,
Visibility.
    (ii) The EPA's analysis: Wyoming 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 FLM having authority over
federal land to which the SIP applies, consistent with the requirements
of CAA section 121 (see (44 FR 38473, July 2, 1979); and Wyoming's non-
regulatory document, Intergovernmental Cooperation (37 FR 10842, May
31, 1972). Moreover, the non-regulatory document, Public Notification
of Air Quality, approved by the EPA on July 2, 1979 (44 FR 38473),
meets the general requirements of CAA section 127 to notify the public
when the NAAQS have been exceeded.
    Addressing the requirement in CAA section 110(a)(2)(J) that the SIP
meet the applicable requirements of part C, title I of the CAA, we have
evaluated this requirement in the context of CAA section 110(a)(2)(C).
The EPA most recently approved revisions to Wyoming's PSD program on
October 12, 2016 (81 FR 70362), updating the program for current
Federal requirements. Therefore, we are proposing to approve the
Wyoming SIP as meeting the requirements of CAA section 110(a)(2)(J)
with respect to PSD for the 2015 ozone NAAQS.
    With regard to applicable visibility protection requirements, the
EPA recognizes that states are subject to visibility and regional haze
program requirements under part C of the Act. In the event of the
establishment of a new NAAQS, however, the visibility and regional haze
program requirements under part C do not change. Consequently, we find
that there is no new applicable requirement relating to visibility
triggered under CAA section 110(a)(2)(J) when a new NAAQS becomes
effective.
    Based on the above analysis, we are proposing to approve the
Wyoming SIP as meeting the requirements of CAA section 110(a)(2)(J) for
the 2015 ozone NAAQS.
    (k) CAA Sec.  110(a)(2)(K): Air Quality and Modeling/Data: CAA
section 110(a)(2)(K) requires that SIPs provide for (i) the performance
of 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.
    The EPA's requirements for air quality modeling for criteria
pollutants are found in 40 CFR part 51, Appendix W, Guideline on Air
Quality Models. On January 17, 2017 (82 FR 5182), the EPA revised
Appendix W, effective February 16, 2017. The Federal Register notice
stated: ``For all regulatory applications covered under the Guideline,
except for transportation conformity, the changes to the appendix A
preferred models and revisions to the requirements and recommendations
of the Guideline must be integrated into the regulatory processes of
respective reviewing

authorities and followed by applicants by no later than January 17,
2018.''
    (i) State's submission: The Wyoming submission refers to the
following rules and regulations that provide for NAAQS pollutant air
quality modeling and the submission of such data to the EPA:
     WAQSR, chapter 6, section 2, Permit requirements for
construction, modification, and operation; and
     WAQSR, chapter 6, section 4, Prevention of significant
deterioration.
    (ii) The EPA's analysis: Wyoming's PSD program requires that
estimates of ambient air concentrations are 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)).
Section 14 of Chapter 6, as last approved by the EPA on September 28,
2018 (83 FR 47564), specifies an incorporation by reference date of
July 1, 2017 for all references to the CFR, including appendices,
throughout Chapter 6. Thus, Wyoming's approved PSD program applies the
recent revisions to Appendix W described above.
    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.'' Additionally, WEQA 35-11-1101(b) and Wyoming's PPA with the
EPA provide Wyoming the authority to submit air quality modeling data
to the Administrator. As a result, the SIP provides for such air
quality modeling as the Administrator has prescribed.
    Based on the above information, we are proposing to approve the
Wyoming SIP as meeting the requirements of CAA section 110(a)(2)(K) for
the 2015 ozone NAAQS.
    (l) CAA Sec.  110(a)(2)(L): Permitting Fees: CAA section
110(a)(2)(L) directs SIPs to require each major stationary source to
pay permitting fees to cover the cost of reviewing, approving,
implementing and enforcing a permit.
    (i) State's submission: The Wyoming submission refers to the SIP,
and the following WAQSR, and WEQA regulations as authority to require
each major stationary source to pay permitting fees to cover the cost
of reviewing, approving, implementing and enforcing a permit:
     WAQSR, Chapter 6, Section 2; and
     WEQA, Section 35-11-211(a).
    (ii) The EPA's analysis: The WAQSR Chapter 6 regulations, approved
by the EPA on August 27, 2004 (69 FR 44965), provide for construction,
modification, operation, and operating requirements, and include permit
fee assessment provisions. Additionally, the WEQA regulations require
that permit fees cover the direct and indirect costs of reviewing,
acting upon, implementing and enforcing a permit; therefore, the EPA is
proposing that Wyoming has satisfied the requirements of CAA section
110(a)(2)(L) for the 2015 ozone NAAQS.
    (m) CAA Sec.  110(a)(2)(M): Consultation/Participation by Affected
Local Entities: CAA section 110(a)(2)(M) requires states to provide for
consultation and participation in SIP development by local political
subdivisions affected by the SIP.
    (i) State's submission: Wyoming cited the following non-regulatory
document, Intergovernmental Cooperation Document, approved by the EPA
on May 31, 1972 (37 FR 10842) as state approved regulations that meet
the requirements to provide for consultation and participation with
local political subdivisions during SIP development.
    (ii) The EPA's analysis: The document cited by Wyoming confers
power to WDEQ to ``advise, consult, and cooperate with agencies of the
United States, and political subdivisions of this state and industries
and other effective groups in this state in furtherance of the
proposals of this act.'' Therefore, we find that Wyoming's submittal
meets the requirements of CAA Section 110(a)(2)(M) for the 2015 ozone
NAAQS.

IV. Proposed Action

    In today's rulemaking, we are proposing approval for multiple
elements of the infrastructure SIP requirements for the 2015 ozone
NAAQS for Wyoming's infrastructure SIP submittal. Our proposed actions
by element of section 110(a)(2) are contained in Table 1 below.
    The EPA is proposing to approve Wyoming's January 3, 2019 SIP
submission for the following CAA section 110(a)(2) infrastructure
elements for the 2015 ozone NAAQS: (A), (B), (C), (D)(i)(II) Prong 3
Interstate transport--prevention of significant deterioration, (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M). The EPA is not taking
action at this time on (D)(i)(I) Prong 1 Interstate transport--
significant contribution, and (D)(i)(I) Prong 2 Interstate transport--
interference with maintenance; we intend to address (D)(i)(I) Prongs 1
and 2 in a separate, future action. The EPA is also proposing to
disapprove (D)(i)(II) Prong 4 Interstate transport--visibility. As
noted, finalization of the prong 4 disapproval would not have
additional practical consequences for the State or the EPA because the
FIP already in place would satisfy the prong 4 requirements for this
NAAQS.

Table 1--Infrastructure Elements That the EPA Is Proposing to Act on

    In the table below, the key is as follows:
    A--Approve.
    D--Disapprove.
    NA--No Action. We intend to address the element in a separate
rulemaking action.

------------------------------------------------------------------------
    2015 Ozone NAAQS infrastructure SIP
                  elements                             Wyoming
------------------------------------------------------------------------
(A): Emission Limits and Other Control       A
 Measures.
(B): Ambient Air Quality Monitoring/Data     A
 System.
(C): Program for Enforcement of Control      A
 Measures.
(D)(i)(I): Prong 1 Interstate Transport--    NA
 significant contribution.
(D)(i)(I): Prong 2 Interstate Transport--    NA
 interference with maintenance.
(D)(i)(II): Prong 3 Interstate Transport--   A
 prevention of significant deterioration.
(D)(i)(II): Prong 4 Interstate Transport--   D
 visibility.
(D)(ii): Interstate and International        A
 Pollution Abatement.
(E): Adequate Resources....................  A
(F): Stationary Source Monitoring System...  A
(G): Emergency Episodes....................  A
(H): Future SIP revisions..................  A
(J): Consultation with Government            A
 Officials, Public Notification, PSD and
 Visibility Protection.
(K): Air Quality and Modeling/Data.........  A
(L): Permitting Fees.......................  A
(M): Consultation/Participation by Affected  A
 Local Entities.
------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under

Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: November 26, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019-26028 Filed 12-3-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 5, 2006 (Volume 71, Number 3)]
[Rules and Regulations]
[Page 541-544]
[DOCID:fr05ja06-4]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2005-IN-0010; FRL- 8019-5]

Determination of Attainment, Approval and Promulgation of
Implementation Plans and Designation of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of the Vigo County Nonattainment Area
to Attainment of the 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is determining that the Vigo County 8-hour ozone
nonattainment area has attained the 8-hour ozone National Ambient Air
Quality Standard (NAAQS). EPA is approving a request from the State of
Indiana, submitted on July 5, 2005 and supplemented on October 20, 2005
and November 4, 2005, to redesignate Vigo County from nonattainment to
attainment for the 8-hour ozone NAAQS. EPA's approval of the
redesignation request is based on the determination that Vigo County
and the State of Indiana have met the criteria for redesignation to
attainment set forth in the Clean Air Act (CAA), including the
determination that Vigo County has attained the 8-hour ozone standard.
In conjunction with this approval, EPA is approving the State's plan
for maintaining the 8-hour ozone NAAQS in Vigo County through 2015 as a
revision to the Indiana State Implementation Plan (SIP). EPA also finds
as adequate and approves the 2015 Volatile Organic Compounds (VOC) and
Nitrogen Oxides (NOX) Motor Vehicle Emission Budgets (MVEBs)
for this area.

DATES: This rule is effective on February 6, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2005-IN-0010. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,

some information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at

the Environmental Protection Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. We recommend that you telephone Steven
Rosenthal, Environmental Engineer, at<PHONE_NUMBER> before visiting
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,''
or ``our'' are used, we mean the United States Environmental Protection
Agency.

Table of Contents

I. What Is the Background for This Rule?
II. What Comments Did We Receive on the Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review

I. What Is the Background for This Rule?

    EPA has determined that ground-level ozone is detrimental to human
health. On July 18, 1997, the EPA promulgated an 8-hour ozone NAAQS (62
FR 38856) of 0.08 parts per million parts of air (0.08 ppm). This
standard is violated in an area when any ozone monitor in the area
records an average of the annual fourth-highest daily maximum 8-hour
ozone concentrations equaling or exceeding 0.085 ppm over a three-year
period. Ground-level ozone is not emitted directly by sources. Rather,
emitted VOC and NOX react in the presence of sunlight to
form ground-level ozone along with other secondary compounds. VOC and
NOX are referred to as ``ozone precursors.''
    In accordance with section 107(d) of the CAA as amended in 1977,
EPA designated Vigo County as an ozone nonattainment area for the 8-
hour ozone NAAQS based on ozone data collected in this area during the
2001-2003 period. The Federal Register notice making this designation
was signed on April 15, 2004, and was published on April 30, 2004 (69
FR 23857).
    The Clean Air Act contains two sets of provisions--subpart 1 and
subpart 2--that address planning and emission control requirements for
nonattainment areas (both subparts are found in title I, part D of the
CAA). Subpart 1 contains general, less prescriptive requirements for
nonattainment areas governed by any NAAQS, and applies to all
nonattainment areas. Subpart 2 contains more specific requirements for
certain ozone nonattainment areas, and applies to ozone nonattainment
areas classified under section 181 of the CAA.
    In the April 30, 2004 ozone designation rulemaking, EPA divided 8-
hour ozone nonattainment areas into the categories of subpart 1
nonattainment and subpart 2 nonattainment based on their 8-hour ozone
design values (i.e., the three-year average annual fourth-highest daily
maximum 8-hour ozone concentrations at the worst-case ozone monitoring
sites in the designated areas) and their 1-hour ozone design values
(i.e., the fourth-highest daily maximum 1-hour ozone concentrations
over the three-year period at the worst-case monitoring sites in the
designated areas).\1\ 8-hour ozone nonattainment areas with 1-hour
ozone design values equaling or exceeding 0.121 ppm were designated as
classified nonattainment areas (as nonattainment areas required to meet
the requirements of subpart 2 of the CAA). All other 8-hour
nonattainment areas were designated as ``basic'' nonattainment areas
subject only to the requirements of subpart 1 of the CAA.
---------------------------------------------------------------------------

    \1\ The 1-hour ozone standard, 0.12 ppm, has been replaced by
the 8-hour ozone standard, with the 1-hour ozone standard being
revoked on June 15, 2005.
---------------------------------------------------------------------------

    In the April 30, 2004 designation rulemaking, Vigo County was
designated as nonattainment for the 8-hour ozone standard, and was
identified as a subpart 1 basic nonattainment area. This designation
was based on ozone data collected in Vigo County from the period of
2001-2003.
    On July 5, 2005, the State of Indiana requested redesignation of
Vigo County to attainment of the 8-hour ozone NAAQS based on ozone data
collected during the period of 2002-2004. This request was supplemented
with submittals dated October 20, 2005 and November 4, 2005. This
redesignation request also included a 10-year ozone maintenance plan
for Vigo County and the VOC and NOX MVEBs for Vigo County
are based on emission projections in the ozone maintenance plan.
    On November 23, 2005, EPA published a proposed rule (70 FR 70751),
proposing to: (1) Determine that Vigo County has attained the 8-hour
ozone NAAQS and to approve Indiana's request to redesignate Vigo County
to attainment of the 8-hour ozone NAAQS; (2) approve Indiana's ozone
maintenance plan for Vigo County; and (3) approve the 2015 VOC and
NOX MVEBs for Vigo County and notify the public that these
MVEBs are adequate for purposes of transportation conformity. This
proposed rule established a 30-day public comment period.

II. What Comments Did We Receive on the Proposed Action?

    EPA provided a 30-day review and comment period on the proposal
published in the Federal Register on November 23, 2005 (70 FR 70751).
We received no comments on our proposed rulemaking.

III. What Are Our Final Actions?

    EPA is making a determination that Vigo County has attained the 8-
hour ozone NAAQS, and EPA is approving the redesignation of Vigo County
from nonattainment to attainment for the 8-hour ozone NAAQS. After
evaluating Indiana's redesignation request, EPA has determined that it
meets the redesignation criteria set forth in section 107(d)(3)(E) of
the CAA. The final approval of this redesignation request changes the
official designation for Vigo County from nonattainment to attainment
for the 8-hour ozone standard.
    EPA is also approving the maintenance plan SIP revision for Vigo
County. Approval of the maintenance plan is based on Indiana's
demonstration that the plan meets the requirements of section 175A of
the CAA. Additionally, EPA is finding adequate and approving the 2015
MVEBs submitted by Indiana in conjunction with the redesignation
request.
    No comments were received on the proposed rule. Therefore, all
proposed actions are being finalized here.

IV. Statutory and Executive Order Review

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply,

Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting federal
requirements and imposes no additional requirements beyond those
imposed by state law. Redesignation of an area to attainment under
section 107(d)(3)(E) of the Clean Air Act does not impose any new
requirements on small entities. Redesignation is an action that affects
the status of a geographical area and does not impose any new
regulatory requirements on sources. Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).

Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments

    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Redesignation is an action that merely affects the status of
a geographical area, and does not impose any new requirements on
sources, or allows a state to avoid adopting or implementing additional
requirements, and does not alter the relationship or distribution of
power and responsibilities established in the Clean Air Act.

Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Redesignation is an
action that affects the status of a geographical area but does not
impose any new requirements on sources. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.

Environmental Justice

    Executive Order 12898 establishes a Federal policy for
incorporating environmental justice into Federal agency actions by
directing agencies to identify and address, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority and
low-income populations. As explained elsewhere in this document (see
responses to Comments 5 and 9), today's action is designed to prevent
violations of the health-based national ambient air quality standard.
It does not result in the relaxation of control measures on existing
sources and therefore will not cause emissions increases from those
sources. Overall, as discussed in response to Comments 5 and 9,
emissions in the area are projected to decline following the
redesignation. Thus, today's action will not have disproportionately
high and adverse effects on any communities in the area, including
minority and low-income communities.

Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

Congressional Review Act

    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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 6, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: December 27, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart P--Indiana

0
2. Section 52.777 is amended by adding paragraph (dd) to read as
follows:

Sec.  52.777  Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *
    (dd) Approval--On July 5, 2005, Indiana submitted a request to
redesignate Vigo County to attainment of the 8-hour ozone National
Ambient Air Quality Standard. This request was supplemented with
submittals dated October 20, 2005 and November 4, 2005. As part of the
redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision in 8 years as required by
the Clean Air Act. Also included were motor vehicle emission budgets
for use to determine transportation conformity in Vigo County. The 2015
motor vehicle emission budgets are 2.84 tons per day for VOC and 3.67
tons per day for NOX.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. Section 81.315 is amended by revising the entry for Terre Haute, IN:
Vigo County in the table entitled ``Indiana Ozone (8-Hour Standard)''
to read as follows:

Sec.  81.315  Indiana.

* * * * *

                                         Indiana Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                                      Designation \a\                        Classification
          Designated area           ----------------------------------------------------------------------------
                                       Date \1\                   Type                    Date \1\       Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Terre Haute, IN:                         2/06/06  Attainment..........................  ...........  ...........
    Vigo County

                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

[FR Doc. 06-72 Filed 1-4-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Pages 53444-53445]
[FR Doc No: 2011-21806]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13991-000]

Northland Power Mississippi River LLC; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

    On January 3, 2011, Northland Power Mississippi River LLC filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of hydropower on the Mississippi
River, near the town of St. Gabriel, in Iberville Parish, Louisiana.
The sole purpose of a preliminary permit, if issued, is to grant the
permit holder priority to file a license application during the permit
term. A preliminary permit does not authorize the permit holder to
perform any land-disturbing activities or otherwise enter upon lands or
waters owned by others without the owners' express permission.
    The proposed NPI 023 hydrokinetic project would consist of the
following:

(1) Up to 140 TREK generating units installed in a matrix on the bottom
of the river; (2) the total capacity of the installation would be up to
35,000 kilowatts; (3) shielded underwater cables would convey each
matrix power to a substation; and (4) a transmission line would
interconnect with the power grid. The proposed project would have an
average annual generation of 307 gigawatt-hours (GWh), which would be
sold to a local utility.
    Applicant Contact: Tim Richardson, 30 St. Clair Avenue West 17th
Floor, Toronto, Ontario, Canada; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>call toll-free at (866) 208-
3676; or, for TTY, contact<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and seven copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13991-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: August 18, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-21806 Filed 8-25-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Page 18583]
[FR Doc No: 2020-06839]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4473-DR; Docket ID FEMA-2020-0001]

Puerto Rico; Amendment No. 6 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Puerto Rico (FEMA-4473-DR), dated January 16,
2020, and related determinations.

DATES: This amendment was issued March 11, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Puerto Rico is hereby amended to include
permanent work under the Public Assistance program and the Hazard
Mitigation Grant Program for those areas determined to have been
adversely affected by the event declared a major disaster by the
President in his declaration of January 16, 2020.

    The municipalities of Adjuntas, Gu[aacute]nica, Guayanilla,
Jayuya, Juana D[iacute]az, Lajas, Las Mar[iacute]as, Mayag[uuml]ez,
Pe[ntilde]uelas, Ponce, Sabana Grande, San Germ[aacute]n, Utuado,
and Yauco for Public Assistance [Categories C-G] (already designated
for Individual Assistance and assistance for debris removal and
emergency protective measures [Categories A and B], including direct
federal assistance, under the Public Assistance program).
    All areas within the Commonwealth of Puerto Rico are eligible
for assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-06839 Filed 4-1-20; 8:45 am]
BILLING CODE 9111-23-P