Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 34811 

and service objectives for delivery of 

USPS Retail Ground. 

* * * * * 

Ruth Stevenson, 

Attorney, Federal Compliance. 

[FR Doc. 2018–15617 Filed 7–20–18; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2018–0389; FRL–9980– 

83—Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wyoming; Incorporation by Reference 

Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

eight State Implementation Plan (SIP) 

revisions submitted by the State of 

Wyoming, four submitted on March 27, 

2017, and four submitted on March 28, 

2018. The revisions include updates to 

incorporation by reference within 

several parts of the Wyoming Air 

Quality Standards and Regulations that 

are part of the SIP. Additional revisions 

are proposed that: (1) Correct an 

inconsistency regarding internal 

combustion engine nitrogen oxide 

requirements; (2) amend three state 

regulations to maintain consistency 

with federal regulations; and (3) update 

a state internet address. 

DATES: Comments: Written comments 

must be received on or before August 

22, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2018–0389, 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 Program, 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: 

Chris Dresser, Air Program, EPA, Region 

8, Mailcode 8P–AR, 1595 Wynkoop 

Street, Denver, Colorado, 80202–1129, 

(303) 312–6385, dresser.chris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 17, 2016, and December 

5, 2017, the Environmental Quality 

Council (EQC) of the Wyoming 

Department of Environmental Quality 

conducted public hearings pursuant to 

40 CFR 51.102 to consider the adoption 

of revisions and additions to the 

Wyoming Air Quality Standards and 

Regulations. The EQC approved changes 

were submitted to the EPA for approval 

into Wyoming’s State Implementation 

Plan (SIP) on March 27, 2017 (2017 

Submittal) and March 28, 2018 (2018 

Submittal). The SIP submittals include: 

(1) Chapter 8 Nonattainment Area 

Regulations, Section 10, Incorporation 

by reference (2017 Submittal); (2) 

Chapter 8, Nonattainment Area 

Regulations, Section 3, Conformity of 

general federal actions to state 

implementation plans (2018 Submittal), 

and Section 10, Incorporation by 

reference (2018 Submittal); (3) Chapter 

6, Permitting Requirements, Section 4, 

Prevention of significant deterioration 

(2017 Submittal); (4) Chapter 6, 

Permitting Requirements, Section 14, 

Incorporation by reference (2018 

Submittal); (5) Chapter 3, General 

Emission Standards, Section 3, 

Emission standards for nitrogen oxides 

(2017 Submittal); (6) Chapter 3, General 

Emission Standards, Section 9, 

Incorporation by reference (2018 

Submittal); and (7) Chapter 2, Ambient 

Standards, Section 6 (2017 Submittal); 

(8) Chapter 2, Ambient standards for 

ozone, and Section 12, Incorporation by 

reference (2018 Submittal). 

The March 28, 2018 state submittals 

include requests to update the code of 

federal regulations (CFR) date of 

incorporation by reference to reflect the 

July 1, 2017 CFR, which supersedes the 

requested changes in the March 27, 

2017 state submittals that incorporated 

by reference the July 1, 2016 CFR 

(Chapter 8, Nonattainment Area 

Regulations, Section 10, Incorporation 

by reference; Chapter 6, Permitting 

Requirements, Section 14, Incorporation 

by reference; Chapter 3, General 

Emission Standards, Section 9, 

Incorporation by reference; Chapter 2, 

Ambient standards for ozone, Section 

12, Incorporation by reference). 

II. Analysis of the State’s Submittal 

The EPA evaluated the proposed 

amendments to the Wyoming Air 

Quality Standards and Regulations 

submitted by the State of Wyoming on 

March 27, 2017, and March 28, 2018. 

The EPA notes that the incorporation by 

reference updates requested by 

Wyoming in the March 27, 2017 

submittal have been superseded by 

updates requested in their March 28, 

2018 submittal and are not analyzed 

here. The subsequent analysis for each 

SIP submittal is as follows: 

(1) The State is requesting that the 

EPA correct a reference in Chapter 8, 

Nonattainment Area Regulations, 

Section 10, Incorporation by reference, 

to adopt by reference the July 1, 2016 

CFR. This request has been superseded 

by the a more recent submittal which 

requests updates to Chapter 8, Section 

10, described and analyzed in SIP 

submittal (2), as follows. 

(2) The State is requesting that the 

EPA correct a reference in Chapter 8, 

Nonattainment Area Regulations, 

Section 3, Conformity of general federal 

actions to state implementation plans. 

Specifically, the request includes a 

minor typographical correction to 

particulate matter to maintain 

consistency with federally approved 

language in 40 CFR 93.158(a)(4); a 

change from ‘‘PM10’’ to ‘‘PM’’ in the 

State’s rule Chapter 8, Section 3(h)(i)(D). 

The EPA finds that this update is 

necessary and appropriate. This action 


amozie on DSK3GDR082PROD with PROPOSALS1
34812 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 

also proposes to update Chapter 8, 

Nonattainment Area Regulations, 

Section 10, Incorporation by reference, 

to adopt by reference the July 1, 2017 

CFR. The State previously submitted 

SIP revisions for Chapter 8, Section 10 

(noted earlier in SIP submittal (1)) on 

March 27, 2017 that allowed adoption 

by reference of federal regulations as of 

July 1, 2016, and have since been 

superseded by the March 28, 2018 

submittal. The EPA finds that this 

update is necessary and appropriate to 

cite the more recent July 1, 2017 CFR 

and incorporate by reference. 

(3) This action proposes to update 

Chapter 6, Permitting Requirements, 

Section 4, Prevention of Significant 

Deterioration, to remove an outdated 

Federal Register citation under the 

definition of ‘tpy CO2 equivalent 

emission (CO2e),’ in the State’s Rule 

Chapter 6, Section 4(a) and the location 

for obtaining a copy of the federal 

regulation. By deleting the reference to 

the outdated federal regulation 

(November 29, 2013), the revised State 

rule includes the language found in 40 

CFR 51.166(b)(48)(ii)(a). This provision 

of the Prevention of Significant 

Deterioration (PSD) permit rules 

describes one of the steps to compute 

the amount of GHGs emitted, and 

explains that one multiplies the mass 

amount of emissions (tpy) for each of 

the six greenhouse gases, by the gas’s 

associated global warming potential 

published at Table A–1 to subpart A of 

part 98 of this chapter—Global Warming 

Potentials. The State adopted these 

amendments in December 2017 and 

therefore adopted the version of Table 

A–1 to subpart A of part 98 that was in 

effect at that time. The EPA believes this 

update is necessary and appropriate to 

accurately cite the most recent 

calculation methodology and GHG’s 

associated global warming potential. 

(4) As requested in the State’s March 

28, 2018 submittal, the EPA is 

proposing to update Chapter 6, Section 

14, Incorporation by reference to adopt 

by reference the July 1, 2017 CFR. The 

State previously submitted SIP revisions 

for Chapter 6, Section 14 on March 27, 

2017, that allowed adoption by 

reference of federal regulations as of 

July 1, 2016, and have since been 

superseded by the March 28, 2018 

submittal. The EPA finds that the 

update is necessary and appropriate to 

cite the more recent July 1, 2017 CFR 

and incorporate by reference. 

(5) This action proposes to update 

Chapter 3, Section 3, Emission 

standards for nitrogen oxides, which 

corrects an inconsistency regarding 

internal combustion engines. The EPA 

finds that the requirements governing 

fuel burning equipment (including 

internal combustion engines) are 

covered in Chapter 1, Section 3 of the 

SIP; so, the language removed in 

Chapter 3, Section 3, (a)(viii), is a 

vestigial exemption for engines with a 

heat input less than 200 million Btu per 

hour that no longer applies. Therefore, 

the EPA finds that the change made to 

Chapter 3, Section 3, is necessary and 

appropriately corrects the noted 

inconsistency regarding internal 

combustion engines. Finally, the State’s 

rulemaking action included an update 

to the website link for contact 

information for the Cheyenne Office of 

the Wyoming Division of Air Quality, 

Chapter 3, Section 9(a) and (b). The EPA 

finds it is necessary and appropriate to 

update the website referenced in the SIP 

to ensure it is accurate. 

(6) This action proposes to update 

Chapter 3, General Emission Standards, 

Section 9, Incorporation by reference, to 

adopt by reference from the July 1, 2017 

CFR. The State previously submitted 

SIP revisions for Chapter 3, Section 9 on 

March 27, 2017, that allowed adoption 

by reference of federal regulations as of 

July 1, 2016, and have since been 

superseded by the March 28, 2018 

submittal. The EPA finds that the 

updates proposed to Chapter 3, Section 

9, are necessary and appropriate to cite 

the more recent July 1, 2017 CFR and 

incorporate by reference. 

(7) This action proposes to update 

Chapter 2, Ambient Standards, Section 

6, Ambient standards for ozone. The 

State has revised Section 6 to include 

the latest (2015) ozone National 

Ambient Air Quality Standards 

(NAAQS). The EPA finds that this 

update is necessary and appropriate to 

reflect EPA’s 2015 revision to the ozone 

NAAQS. 40 CFR 50.19. 

(8) The State previously submitted 

SIP revisions for Chapter 2, Section 12, 

Incorporation by reference on March 27, 

2017, that allowed adoption by 

reference of federal regulations as of 

July 1, 2016. The EPA finds that this 

update is necessary and appropriate to 

update the incorporation by reference 

date to July 1, 2017, as requested in 

Wyoming’s March 28, 2018 letter. 

III. The EPA’s Proposed Action 

In this action, the EPA is proposing to 

approve the eight SIP submittals to the 

Wyoming Air Quality Standards and 

Regulations submitted by the State of 

Wyoming on March 27, 2017 and March 

28, 2018. This action proposes updates 

to: (1) Chapter 8 Nonattainment Area 

Regulations, Section 10, Incorporation 

by reference (2017 Submittal); (2) 

Chapter 8, Nonattainment Area 

Regulations, Section 3, Conformity of 

general federal actions to state 

implementation plans (2018 Submittal), 

and Section 10, Incorporation by 

reference (2018 Submittal); (3) Chapter 

6, Permitting Requirements, Section 4, 

Prevention of significant deterioration, 

to remove an outdated Federal Register 

citation under the definition of ‘tpy CO2

equivalent emission (CO2e)’ (2017 

Submittal); (4) Chapter 6, Permitting 

Requirements, Section 14, Incorporation 

by reference (2018 Submittal); (5) 

Chapter 3, General Emission Standards, 

Section 3, Emission standards for 

nitrogen oxides, which corrects an 

inconsistency regarding internal 

combustion engines (2017 Submittal); 

(6) Chapter 3, General Emission 

Standards, Section 9, Incorporation by 

reference (2018 Submittal); (7) Chapter 

2, Ambient Standards, Section 6, to 

include the latest ozone NAAQS (2017 

Submittal); and (8) Chapter 2, Ambient 

standards for ozone, and Section 12, 

Incorporation by reference (2018 

Submittal). 

IV. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the amendments described in section III. 

The EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and 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 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 proposed 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; 


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Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 34813 

1National Ambient Air Quality Standards for 

Ozone Final Rule, 80 FR 65292 (October 26, 2015). 

2SIP revisions that are intended to meet the 

requirements of section 110(a)(1) and (2) of the CAA 

are often referred to as infrastructure SIPs and the 

elements under 110(a)(2) are referred to as 

infrastructure requirements. 

• 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 proposed to 

apply on any Indian reservation land or 

in any other area where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

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

Dated: July 13, 2018. 

Debra Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2018–15481 Filed 7–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2018–0061; FRL–9981– 

08—Region 10] 

Air Plan Approval; Washington; 

Interstate Transport Requirements for 

the 2015 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Clean Air Act (CAA) 

requires each State Implementation Plan 

(SIP) to contain adequate provisions 

prohibiting emissions that will have 

certain adverse air quality effects in 

other states. On February 7, 2018, the 

State of Washington made a submittal to 

the Environmental Protection Agency 

(EPA) to address these requirements for 

the 2015 ozone National Ambient Air 

Quality Standards (NAAQS). The EPA is 

proposing to approve the submittal as 

meeting the requirement that each SIP 

contain adequate provisions to prohibit 

emissions that will significantly 

contribute to nonattainment or interfere 

with maintenance of the 2015 ozone 

NAAQS in any other state. 

DATES: Written comments must be 

received on or before August 22, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2018–0061 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at (206) 553–0256, or hunt.jeff@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. This 

SUPPLEMENTARY INFORMATION section is 

arranged as follows: 

Table of Contents 

I. Background 

II. State Submittal 

III. EPA Evaluation 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

On October 1, 2015, the EPA 

promulgated a revision to the ozone 

NAAQS (2015 ozone NAAQS), lowering 

the level of both the primary and 

secondary standards to 0.070 parts per 

million (ppm).1 Section 110(a)(1) of the 

CAA requires states to submit, within 3 

years after promulgation of a new or 

revised standard, SIPs meeting the 

applicable elements of section 

110(a)(2).2 One of these applicable 

requirements is found in section 

110(a)(2)(D)(i), otherwise known as the 

good neighbor provision, which 

generally requires SIPs to contain 

adequate provisions to prohibit in-state 

emissions activities from having certain 

adverse air quality effects on other states 

due to interstate transport of pollution. 

There are four prongs within CAA 

section 110(a)(2)(D)(i): Section 

110(a)(2)(D)(i)(I) contains prongs 1 and 

2, while section 110(a)(2)(D)(i)(II) 

includes prongs 3 and 4. This action 

addresses the first two prongs under 

section 110(a)(2)(D)(i)(I). Under prongs 1 

and 2 of the good neighbor provision, a 

state’s SIP for a new or revised NAAQS 

must contain adequate provisions 

prohibiting any source or other type of 

emissions activity within the state from 

emitting air pollutants in amounts that 

will contribute significantly to 

nonattainment of the NAAQS in another 

state (prong 1) or from interfering with 

maintenance of the NAAQS in another 

state (prong 2). Under section 

110(a)(2)(D)(i)(I) of the CAA, the EPA 

gives independent significance to 

evaluating prong 1 and prong 2. 

We note that the EPA has addressed 

the interstate transport requirements of 

CAA section 110(a)(2)(D)(i)(I) with 

respect to prior ozone NAAQS in 

several regulatory actions, including the 

Cross-State Air Pollution Rule (CSAPR), 

which addressed interstate transport 


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