70362 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS

State citation Title/subject State effective 

date EPA approval date 1 Explanations 

*******

Env-A 2300 ............... Mitigation of Regional Haze ....... 11/22/2014 10/6/2016 [Insert Federal Register citation].Revises Env-A 2302.02 

* * * * * * * 

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

* * * * * (e) Nonregulatory. 

NEW HAMPSHIRE NONREGULATORY

Name of 

nonregulatory 

SIP provision 

Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approved date 3 Explanations 

*******

Regional Haze FiveYear Progress Report.Statewide .................................... 12/16/14 10/6/2016 [Insert Federal Register citation].

* * * * * * * 

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

[FR Doc. 2016–24495 Filed 10–11–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2016–0366, FRL–9953–78- 

Region 8] 

Approval and Promulgation of State 

Implementation Plan Revisions to 

Primary Air Quality Standards, Minor 

Source Baseline Date, Incorporation by 

Reference, and 2008 Ozone NAAQS 

Infrastructure Requirements for CAA 

Section 110(a)(2)(C) and (D)(i)(II); 

Wyoming 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Wyoming in 

two submittals on May 28, 2015 and one 

submittal on November 6, 2015. The 

final amendments update the version of 

the Code of Federal Regulations (CFR) 

incorporated by reference into the 

Wyoming Air Quality Standards and 

Regulations (WAQSR) for Chapter 2, 

Ambient Standards, Sections 12; 

Chapter 3, General Emission Standards, 

Section 9; and Chapter 6, Prevention of 

Significant Deterioration, Section 4. The 

EPA also approves the revision in one 

of the May 28, 2015 submittals that 

updates a citation to a Federal Register 

article (i.e., Federal Register notice) 

under the definition of ‘‘tpy CO2

equivalent emissions (CO2e),’’ and lists 

a new minor source baseline date for 

fine particulate. The EPA also approves 

the updates to the primary air quality 

standards for particulate matter (PM2.5) 

to reflect federal updates that went into 

effect in January 2013. The updated 

primary PM2.5 standard is 12 

micrograms per cubic meter (mg/m3) 

annual arithmetic mean concentration, 

which is lowered from its previous level 

of 15 mg/m3. The EPA is also approving 

portions of the State’s February 6, 2014 

2008 ozone National Ambient Air 

Quality Standards (NAAQS) 

infrastructure certification regarding 

prevention of significant deterioration 

(PSD). The EPA is not taking action in 

this final rule on the Chapter 6, 

Permitting Requirements, Section 14 

portion of a May 24, 2012 submittal or 

one of the May 28, 2015 submittals 

because it has been superseded by a 

November 6, 2015 submittal that the 

EPA approved in a separate action. The 

EPA is not taking action on a May 24, 

2012 submittal or a March 8, 2013 

submittal because they have been 

superseded by one of the May 28, 2015 

submittals. 

DATES: This rule is effective on 

November 14, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2016–0366. 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, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–7814, 

ostendorf.jody@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In our proposed rule (PR) (81 FR 

53365, Aug. 12, 2016), the EPA 

proposed to approve SIP revisions 

submitted by the State of Wyoming on 

May 28, 2015 and November 6, 2015. 

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Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations 70363 

1 62 FR 27968 (May 22, 1997). 

The amendments proposed to update 

the version of the CFR incorporated by 

reference into the rules of the State of 

Wyoming for Chapter 2, Ambient 

Standards for Particulate Matter, Section 

12; and Chapter 3, General Emission 

Standards, Section 9. The EPA also 

proposed to approve updates to a 

citation to a Federal Register article 

(i.e., Federal Register notice) under the 

definition of ‘‘tpy CO2 equivalent 

emissions (CO2e),’’ and a new minor 

source baseline date for fine particulate 

for Sweetwater County of December 12, 

2012 into WAQSR Chapter 6, Section 4. 

The EPA proposed to approve an update 

to the primary air quality standard for 

PM2.5 that reflects federal updates that 

went into effect in January 2013 into 

WAQSR Chapter 2, Section 2 

subsections (b), (b)(i), (b)(i)(A), (b)(i)(B) 

and (b)(ii), and which renumbered some 

portions of Section 2 subsection (b) to 

(b)(iii), other portions of Section 2 

subsection (b) to (c), and Section 2 

subsection (c) to (d). The EPA also 

proposed to approve an update to the 

version of the American Society for 

Testing and Materials incorporated by 

reference into WAQSR for Chapter 3, 

Section 9. 

Additionally, in our PR, the EPA 

proposed to approve infrastructure 

elements (C) and (D)(i)(II) prong 3 for 

the 2008 ozone NAAQS from the State’s 

February 6, 2014 certification. 

Infrastructure requirements for SIPs are 

set forth in Section 110(a)(1) and (2) of 

the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. 

II. Response to Comments 

No comments were received during 

the public comment period. 

III. Final Action 

For the reasons expressed in the 

proposed rule, the EPA is taking final 

action to approve SIP revisions 

submitted by the State of Wyoming on 

May 28, 2015 and November 6, 2015 

discussed in Section I. The EPA is also 

approving infrastructure elements (C) 

and (D)(i)(II) prong 3 for the 2008 ozone 

NAAQS from the State’s February 6, 

2014 certification. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

WAQSR pertaining to General Emission 

Standards, Prevention of Significant 

Deterioration, and Ambient Standards,

as discussed in Section I. Therefore, 

these materials have been approved by 

EPA for inclusion in the State 

implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

The EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or at the EPA 

Region 8 Office (please contact the 

person identified in the ‘‘For Further 

Information Contact’’ section of this 

preamble for more information). 

V. Statutory and Executive Orders 

Review 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under Section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 12, 

2016. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See CAA 

Section 307(b)(2)). 

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70364 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations 

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: September 22, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart ZZ—Wyoming 

■ 2. Section 52.2620 is amended: 

■ a. In paragraph (c) under ‘‘Chapter 02. 

Ambient Standards.’’ by revising the 

entry for ‘‘Section 02’’, adding an entry 

‘‘Section 02 (b), (c), and (d)’’, and 

revising the entry for ‘‘Section 12’’; 

■ b. In paragraph (c) under ‘‘Chapter 03. 

General Emission Standards.’’ by 

revising the entry for ‘‘Section 09’’; and 

■ c. In paragraph (c) under ‘‘Chapter 06. 

Permitting Requirements.’’ by revising 

the entry for ‘‘Section 04.’’. 

■ d. In paragraph (e) by adding an entry 

for ‘‘(26) XXVI, Infrastructure SIP for 

Section 110(a)(2)(C) and (D)(i)(II) prong 

3-2008 Ozone NAAQS’’ at the end of the 

table. 

The revisions and addition read as 

follows: 

§ 52.2620 Identification of plan. 

* * * * * 

(c) * * * 

Rule No. Rule title State effective 

date 

EPA effective 

date Final rule citation/date Comments 

* * * * * * * 

Chapter 02. Ambient Standards 

Section 02 ....................... Ambient standards for 

particulate matter.

9/7/2010 10/27/2014 79 FR 50840, 8/26/14 ..... All, except Section 02(b) 

and (c). 

Section 02 (b), (c), and 

(d).

Ambient standards for 

particulate matter.

10/13/2015 11/14/2016. 10/12/2016. [Insert date 

of publication in the 

Federal Register].

* * * * * * * 

Section 12 ....................... Incorporation by reference.10/13/2015 11/14/2016. 10/12/2016. [Insert date 

of publication in the 

Federal Register].

Chapter 03. General Emission Standards 

* * * * * * * 

Section 09 ....................... Incorporation by reference.11/18/2014 11/14/2016. 10/12/2016. [Insert date 

of publication in the 

Federal Register].

* * * * * * * 

Chapter 06. Permitting Requirements 

* * * * * * * 

Section 04 ....................... Prevention of significant 

deterioration.

3/28/2012 1/6/2014 78 FR 73445, 12/06/13 ... Except definition of 

‘‘Greenhouse gases 

(GHGs)’’ (i)(A). 

Section 04 ....................... Prevention of significant 

deterioration.

11/18/2014 11/14/2016. 10/12/2016. [Insert date 

of publication in the 

Federal Register].

Only definitions of 

‘‘Greenhouse gases 

(GHGs)’’ (i)(A) and 

‘‘Minor source baseline 

date’’ (iv)(D). 

* * * * * * * 

* * * * * (e) * * * 

Rule No. Rule title State effective 

date 

EPA effective 

date Final rule citation/date Comments 

* * * * * * * 

(26)XXVI .......................... Infrastructure SIP for 

Section 110(a)(2)(C) 

and (D)(i)(II) prong 3 

for 2008 Ozone 

NAAQS.

02/06/2014 11/14/2016. 10/12/2016. [Insert date 

of publication in the 

Federal Register].

Only includes 

111(a)(2)(C) and 

(D)(i)(II) prong 3 for 

2008 Ozone NAAQS. 

[FR Doc. 2016–24493 Filed 10–11–16; 8:45 am] 

BILLING CODE 6560–50–P 

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