Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Rules and Regulations 35271 

effective date is delayed until August 

28, 2016. 

Stanley F. Mires, 

Attorney, Federal Compliance. 

[FR Doc. 2016–13080 Filed 6–1–16; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–0AR–2016–0014; FRL–9947–13– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wyoming; Revisions to Wyoming Air 

Quality Standards and Regulations 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve State Implementation Plan 

(SIP) revisions submitted by the State of 

Wyoming on November 6, 2015. This 

submittal revises the Wyoming Air 

Quality Standards and Regulations 

(WAQSR) that pertain to the issuance of 

Wyoming air quality permits for major 

sources in nonattainment areas. This 

action is being taken under section 110 

of the Clean Air Act (CAA). 

DATES: This final rule is effective July 5, 

2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–0AR–2016–0014. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http://

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, Mailcode SP 

AR, Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, (303) 312–6227, 

or leone.kevin @epa.gov. 

I. Background 

In this final rulemaking, we are taking 

action to approve the addition of 

Chapter 6, Section 13, Nonattainment 

permit requirements, and updated 

Section 14, Incorporation by reference, 

Wyoming Air Quality Standards and 

Regulations (WAQSR) to the Wyoming 

SIP. These provisions were submitted 

by the Wyoming Department of 

Environmental Quality (WDEQ) on 

November 6, 2015, to address certain 

CAA requirements related to ozone 

nonattainment areas. 

On March 27, 2008 , the EPA 

promulgated a revised National 

Ambient Air Quality Standard (NAAQS) 

for ozone with an 8-hour concentration 

limit of 0.075 parts per million (‘‘8-Hour 

Ozone NAAQS’’). Effective July 20, 

2012, the EPA designated the Upper 

Green River Basin (UGRB) area of 

Wyoming as ‘‘nonattainment’’ for the 8- 

Hour Ozone NAAQS. For nonattainment 

areas, states are required to submit SIP 

revisions, including a nonattainment 

NSR permitting program for the 

construction and operation of new or 

modified major stationary sources 

located in the nonattainment area. 

On May 10, 2011, before the formal 

designation of the UGRB area as 

nonattainment for the 8-Hour Ozone 

NAAQS, the WDEQ submitted a 

nonattainment new source review (NSR) 

permitting program SIP revision to EPA. 

This new section incorporated by 

reference 40 CFR 51.165 in its entirety, 

with the exception of paragraphs (a) and 

(a)(l), into Wyoming’s Chapter 6 

Permitting Requirements. On February 

20, 2015 (80 FR 9194), the EPA took 

final action to disapprove the portion of 

Wyoming’s May 10, 2011 submittal that 

added this new section to the permitting 

requirements in WAQSR Chapter 6. As 

explained in 80 FR 9194, the method 

Wyoming used to create a 

nonattainment NSR program was not 

consistent with the CAA and EPA 

regulations. 

Our final disapproval started a twoyear clock under CAA section 110(c)(1) 

for our obligation to promulgate a 

federal implementation plan (FIP) to 

correct the deficiency and the 18-month 

clock for sanctions, as required by CAA 

section 179(a)(2). These deadlines will 

be removed by the approval of this SIP 

revision addressing the deficiency in 

Wyoming’s nonattainment NSR 

permitting requirements. Under section 

110(c)(1), the EPA must promulgate a 

FIP addressing the deficiencies unless 

the state corrects the deficiencies, and 

the EPA approves the plan or plan 

revision, before the EPA promulgates 

the FIP. Under section 179(a), sanctions 

apply unless the deficiency has been 

corrected within 18 months. See also 40 

CFR 52.31(d). With our approval of the 

November 6, 2015 submittal, we are 

affirmatively determining that the 

deficiencies identified in our February 

20, 2015 notice have been corrected, 

and as a result the deadlines for a FIP 

and sanctions have been removed. 

The SIP revisions submitted by the 

WDEQ on November 6, 2015, involve 

Chapter 6, Permitting Requirements, 

Section 13, Nonattainment new source 

review permit requirements, and 

Section 14, Incorporation by reference. 

The revisions to Section 13 establish 

specific nonattainment new source 

review permitting requirements. In 

Section 13, the WDEQ has incorporated 

federal regulatory language from 40 CFR 

51.165 and reformatted it into state 

specific language that effectively 

imposes requirements on major sources 

in Wyoming. Additionally, the WDEQ 

has revised language within the rule to 

maintain consistency with the State’s 

Prevention of Significant Deterioration 

(PSD) regulations (WAQSR Chapter 6, 

Section 4). In addition to the revisions 

to Chapter 6, Section 13, the November 

6, 2015, submittal also updates Chapter 

6, Section 14, Incorporation by 

reference, to adopt by reference the CFR 

as published on July 1, 2014. The State 

previously submitted SIP revisions for 

Chapter 6, Section 14 on May 28, 2015 

that requested adoption by reference of 

the CFR as published on July 1, 2013. 

II. What are the changes that EPA is 

taking final action to approve? 

In our March 1, 2016 proposed action 

(81 FR 10559), we proposed to approve 

the following revisions to the WASQR: 

Chapter 6, Section 13, Nonattainment 

permit requirements, and updated 

Section 14, Incorporation by reference, 

WAQSR to the Wyoming SIP. As 

explained in 81 FR 10559, these changes 

are consistent with CAA and EPA 

regulations and address the deficiencies 

identified in our February 20, 2015 

disapproval. 

Instead of incorporating 40 CFR 

51.165 by reference, the November 6, 

2015 submittal adapts the language in 

40 CFR 51.165 to remove phrases such 

as ‘‘the plan shall provide’’ and ‘‘the 

plan may provide,’’ and specifies the 

procedures to be used. In addition, the 

submittal revises language in 40 CFR 

51.165 to specify that the WDEQ is the 

reviewing authority. In one place, the 

submittal modifies the term ‘‘building, 

structure, facility, or installation’’ to 

‘‘structure, building, facility, equipment, 

installation, or operation,’’ without 


asabaliauskas on DSK3SPTVN1PROD with RULES
35272 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Rules and Regulations 

modifying the substance of the 

definition of the term, which is 

permissible. These changes are 

consistent with the CAA and EPA 

regulations. Specifically: 

1. CAA section 110(a)(2)(C), requires 

each state plan to include ‘‘a program to 

provide for . . . the regulation of the 

modification and construction of any 

stationary source within the areas 

covered by the plan as necessary to 

assure that the [NAAQS] are achieved, 

including a permit program as required 

in parts C and D of this subchapter.’’ 

2. CAA section 172(c)(5), provides 

that the plan ‘‘shall require permits for 

the construction and operation of new 

or modified major stationary sources 

anywhere in the nonattainment area, in 

accordance with section [173].’’ By 

removing language such as ‘‘the plan 

shall provide,’’ the submittal avoids any 

ambiguity as to whether permits are 

required. 

3. CAA section 173, lays out the 

requirements for obtaining a permit that 

must be included in a state’s SIPapproved permit program. Wyoming’s 

Chapter 6, Section 13 rules impose these 

requirements on sources, and the State’s 

proposed plan clearly satisfies the 

requirements of these statutory 

provisions. 

4. CAA section 110(a)(2)(A), requires 

that SIPs contain enforceable emissions 

limitations and other control measures. 

Under section CAA section 110(a)(2), 

the enforceability requirement in 

section 110(a)(2)(A) applies to all plans 

submitted by a state. Chapter 6, Section 

13 creates enforceable obligations for 

sources by removing phrases such as 

‘‘the plan shall provide’’ and ‘‘the plan 

may provide.’’ 

5. CAA section 110(i), (with certain 

limited exceptions) prohibits states from 

modifying SIP requirements for 

stationary sources except through the 

SIP revision process. By eliminating 

unspecified procedures that were 

referenced in the May 10, 2011 

submittal, the November 6, 2015 

submittal addresses this issue. 

6. CAA section 172(c)(7), requires that 

nonattainment plans, including 

nonattainment NSR programs required 

by section 172(c)(5), meet the applicable 

provisions of section 110(a)(2), 

including the requirement in section 

110(a)(2)(A) for enforceable emission 

limitations and other control measures. 

7. CAA section 110(1), provides that 

EPA cannot approve a SIP revision that 

interferes with any applicable 

requirement of the Act. As described 

above, the addition of Chapter 6, 

Section 13 to the Wyoming SIP would 

not interfere with sections 110(a)(2) and 

110(i) of the Act. 

8. Wyoming’s SIP revision complies 

with the requirements of 40 CFR 51.165 

as the plan imposes the regulatory 

requirements on individual sources, as 

required by the regulatory provisions. 

The crosswalk table in the docket 

details how the submittal addresses 

specific requirements in 40 CFR 51.165. 

Wyoming’s submittal also addresses 

the potential conflicts with the State’s 

approved minor NSR and PSD programs 

that existed in the May 5, 2011 

submittal. First, Section 13(c)(i) 

provides that the exemptions in the 

minor NSR program (Section 2(k)) shall 

not apply with regards to applicability 

of the nonattainment NSR program. 

Second, Section 13(d)(iv) states that 

lowest achievable emissions rate 

(LAER), not best available control 

technology (BACT), applies to sources 

subject to nonattainment NSR. Finally, 

Section 13(f)(iii) clarifies that Section 13 

does not apply in the Sheridan PM10

nonattainment area; instead the 

construction ban in Section 2(c)(ii)(B) 

continues to apply. We also note that 

Wyoming will have permitting authority 

for new major sources and major 

modifications in the Sheridan coarse 

particulate matter (PM10) nonattainment 

area, if Wyoming submits and we 

approve the removal of the construction 

ban from the SIP. Wyoming has had a 

construction ban in place and approved 

into the SIP for over 20 years (See 

WAQSR, Chapter 6, Section 2(c)(ii)(B)). 

EPA’s final approval of Wyoming’s 

nonattainment permitting program 

allows Wyoming to apply WAQSR 

Chapter 6, Section 13 as permitting 

authority in the UGRB ozone 

nonattainment area for new major 

sources and major modifications of 

nitrogen oxide (NOX) and volatile 

organic ompounds (VOCs) as ozone 

precursors. 

Finally, as explained in our proposal 

notice, the November 6, 2015 submittal 

treats sulfur dioxide (SO2) as a 

precursor to PM2.s, and presumes that 

NOX is also a precursor to PM2.s. The 

State of Wyoming has no nonattainment 

areas for the PM2.s standards. 

Accordingly, the EPA finds it reasonable 

to conclude that major sources of VOCs 

and ammonia do not contribute 

significantly to PM2.s nonattainment 

within the State. Thus, there is no need 

at this time for the State to regulate 

VOCs or ammonia as PM2.s precursors 

in the State’s nonattainment NSR 

permitting program, and so we are 

approving the submittal ’s PM2.s 

precursor provisions. Should the EPA in 

the future designate an area in Wyoming 

as nonattainment for PM2.s, the State 

would have the obligation to ensure that 

the nonattainment NSR program met all 

applicable requirements for PM2.s, 

including appropriate control of 

precursors. See CAA sections 172(c)(5) 

and 189(a)(l)(A). 

We provided a detailed explanation of 

the basis of approval in our proposed 

rulemaking (see 79 FR 65362). We 

invited comment on all aspects of our 

proposal and provided a 30-day 

comment period. The comment period 

ended on March 31, 2016. 

III. Response to Comments 

We received one comment letter 

during the public comment period. The 

comment letter was submitted by Nancy 

E. Vehr, Air Quality Division (AQD) 

Administrator for the State of Wyoming. 

Comment: The comment expresses 

the AQD’s support for the EPA’s 

proposed approval of the addition of 

Chapter 6, Section 13, Nonattainment 

permit requirements, and updated 

Section 14, Incorporation by reference, 

WAQSR to the Wyoming SIP. 

Response: We have received the 

comment and acknowledge the support. 

IV. What action is EPA taking today? 

The EPA is taking final action to fully 

approve Wyoming’s November 6, 2015, 

submittal. As discussed in our proposal 

and this notice, our action is based on 

an evaluation of Wyoming’s rules 

against the requirements of CAA 

sections 110(a)(2)(C), 110(a)(2)(A), 

110(i), 110(1), 172(c)(5), 172(c)(7), 173, 

and regulations at 40 CFR 51.165. 

As described in our proposed 

rulemaking, and in Section II of this 

notice, the EPA is approving the 

addition of Chapter 6, Section 13, 

Nonattainment new source review 

permit requirements, and updated 

Section 14, Incorporation by reference, 

WAQSR to the Wyoming SIP submitted 

by Wyoming on November 6, 2015. We 

are also determining that the November 

6, 2015 submittal addresses the 

deficiencies identified by the EPA in 

Wyoming ’s prior submittal of Section 

13; as a result the deadlines for a FIP 

and sanctions are removed. 

V. 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 WDEQ 

rules as described in the amendments to 

40 CFR part 52 set forth in this 

document. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 


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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Rules and Regulations 35273 

(see the ADDRESSES section of this 

preamble for more information). 

VI. 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. 741O(k); 

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

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact in a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

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

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

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

804(2). 

Under section 307(b)(l) 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 August 1, 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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: May 11, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart ZZ—Wyoming 

■ 2. In § 52.2620, in the table in 

paragraph (c), under ’’Chapter 06. 

Permitting Requirements.’’ add an entry 

for ‘‘Section 13’’ and revise the entry for 

‘‘Section 14’’ to read as follows: 

§ 52.2620 Identification of plan. 

* * * * * 

(c) * * * 

Rule No. Rule title State effective EPA effective 

date 

Final rule 

citation/date Comments 

Chapter 06. Permitting Requirements 

*******

Section 13 ................. Nonattainment new source review permit requirements.10/13/2015 7/5/2016 6/2/2016 [insert Federal 

Register citation].

Section 14 ................. Incorporation by reference ....................................... 10/13/2015 7/5/2016 6/2/2016 [insert Federal 

Register citation].

* * * * * * * 


asabaliauskas on DSK3SPTVN1PROD with RULES
35274 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Rules and Regulations 

[FR Doc. 2016–12725 Filed 6–1–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 12 

[PS Docket No. 14–174, FCC 15–98] 

Ensuring Continuity of 911 

Communications 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction of 

announcement of compliance date. 

SUMMARY: The Federal Communications 

Commission published in the Federal 

Register of April 7, 2016, an 

announcement that the Office of 

Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s Ensuring Continuity 

of 911 Communications Report and 

Order’s (Order) consumer disclosure 

requirement. We inadvertently 

announced the wrong compliance date 

for providers with fewer than 100,000 

domestic retail subscriber lines as April 

1, 2017. This document changes the 

date to February 1, 2017. 

DATES: Effective June 2, 2016 the 

compliance date for the rule published 

April 7, 2016 (81 FR 20258) is corrected 

from April 1, 2017 to February 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Linda M. Pintro, Policy and Licensing 

Division, Public Safety and Homeland 

Security Bureau, at (202) 418–7490, or 

email: linda.pintro@fcc.gov. 

SUPPLEMENTARY INFORMATION: The FCC 

published a document in the Federal 

Register of April 7, 2016, (81 FR 20258) 

announcing that, on March 21, 2016, 

OMB approved, for a period of three 

years, the information collection 

requirements relating to the subscriber 

notification rules contained in the 

Commission’s Order, FCC 15–98, 

published at 80 FR 62470, October 16, 

2015. The OMB Control Number is 

3060–1217. The Commission published 

this document as an announcement of 

the effective date of the rules. This 

document inadvertently announced the 

compliance date for providers with 

fewer than 100,000 domestic retail 

subscriber lines as April 1, 2017. This 

correction replaces this compliance date 

with February 1, 2017. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2016–12946 Filed 6–1–16; 8:45 am] 

BILLING CODE 6712–01–P 


asabaliauskas on DSK3SPTVN1PROD with RULES