Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations 47857 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a safety zone and, 

therefore it is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 

195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 

160.5; Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Add § 165.T09–0715 to read as 

follows: 

§ 165.T09–0715 Safety Zone; Waddington 

Homecoming Fireworks Display; St. 

Lawrence River, Ogden Island, NY. 

(a) Location. This zone will 

encompass all waters of the St. 

Lawrence River; Ogden Island, NY 

within a 700-footradius of position 

44°52′8.44′′ N and 075°12′35.84′′ W 

(NAD 83). 

(b) Enforcement Period. This 

regulation will be enforced on August 8, 

2015 from 8:45 p.m. until 10:15 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: July 28, 2015. 

B.W. Roche, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2015–19506 Filed 8–7–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0351; FRL–9932–05– 

Region 8] 

Approval and Promulgation of State 

Implementation Plans; State of 

Wyoming; Interstate Transport of 

Pollution for the 2006 24-Hour PM2.5

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

an August 19, 2011 State 

Implementation Plan (SIP) submission 

from the State of Wyoming that are 

intended to demonstrate that its SIP 

meets certain interstate transport 

requirements of the Clean Air Act (Act 

or CAA) for the 2006 24-hour fine 

particulate matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS). This submission addresses 

the requirement that Wyoming’s SIP 

contain adequate provisions prohibiting 

air emissions that will have certain 

adverse air quality effects in other 

states. Specifically, EPA is approving 

the portion of the Wyoming SIP 

submission that addresses the 

significant contribution to 

nonattainment and interference with 

maintenance transport requirements for 

the 2006 24-hour PM2.5 NAAQS. EPA is 

also approving the interference with 

prevention of significant deterioration 

(PSD) of air quality transport 

requirement for this NAAQS. EPA is not 

acting on the interference with visibility 

transport requirement at this time and 

will address the visibility requirement 

for this NAAQS in a separate future 

action. 

DATES: This final rule is effective on 

September 9, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2012–0351. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 


Lhorne on DSK7TPTVN1PROD with RULES
47858 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations 

1WDEQ’s certification letter, dated August 19, 

2011 is included in the docket for this action. 

2Wyoming’s clarification letter is available in the 

docket for this action. Wyoming’s May 3, 2007 

Interstate Transport SIP can be found in the docket 

for that action (EPA–R08–OAR–2007–0648). 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. 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: 

Adam Clark, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, 303–312–7104, 

clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. 2006 PM2.5 NAAQS and Interstate 

Transport 

On September 21, 2006, EPA 

promulgated a final rule revising the 

1997 24-hour primary and secondary 

NAAQS for PM2.5 from 65 micrograms 

per cubic meter (mg/m3) to 35 mg/m3

(October 17, 2006, 71 FR 61144). 

Section 110(a)(1) of the CAA requires 

each state to submit to EPA, within 

three years (or such shorter period as 

the Administrator may prescribe) after 

the promulgation of a primary or 

secondary NAAQS or any revision 

thereof, a SIP that provides for the 

‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. EPA 

refers to these specific submittals as 

‘‘infrastructure’’ SIPs because they are 

intended to address basic structural SIP 

requirements for new or revised 

NAAQS. For the 2006 24-hour PM2.5

NAAQS, these infrastructure SIPs were 

due on September 21, 2009. CAA 

section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such plan 

submission’’ must meet. 

The interstate transport provisions in 

CAA section 110(a)(2)(D)(i) (also called 

‘‘good neighbor’’ provisions) require 

each state to submit a SIP that prohibits 

emissions that will have certain adverse 

air quality effects in other states. CAA 

section 110(a)(2)(D)(i) identifies four 

distinct elements related to the impacts 

of air pollutants transported across state 

lines. The two elements under 

110(a)(2)(D)(i)(I) require SIPs to contain 

adequate provisions to prohibit any 

source or other type of emissions 

activity within the state from emitting 

air pollutants that will (element 1) 

contribute significantly to 

nonattainment in any other state with 

respect to any such national primary or 

secondary NAAQS, and (element 2) 

interfere with maintenance by any other 

state with respect to the same NAAQS. 

The two elements under 

110(a)(2)(D)(i)(II) require SIPs to contain 

adequate provisions to prohibit 

emissions that will interfere with 

measures required to be included in the 

applicable implementation plan for any 

other state under part C (element 3) to 

prevent significant deterioration of air 

quality or (element 4) to protect 

visibility. 

On August 19, 2011, the Wyoming 

Department of Environmental Quality 

(WDEQ) made a submission certifying 

that Wyoming’s SIP is adequate to 

implement the 2006 24-hour PM2.5

NAAQS for all the ‘‘infrastructure’’ 

requirements of CAA section 110(a)(2).1

On April 23, 2015, WDEQ sent EPA a 

letter clarifying its August 19, 2011 

submission with regard to elements 1– 

3 of CAA section 110(a)(2)(D)(i).2 EPA 

proposed approval of 110(a)(2)(D)(i) 

elements 1–3 of Wyoming’s August 19, 

2011 submission on May 18, 2015 (80 

FR 28209). 

II. Response to Comments 

EPA did not receive any comments on 

the May 18, 2015 proposal. 

III. Final Rule 

EPA is approving the 110(a)(2)(D)(i)(I) 

portion of Wyoming’s August 19, 2011 

submission. We are approving elements 

1 and 2 of this portion of the submission 

based on EPA’s supplemental 

evaluation of relevant technical 

information, which supports a finding 

that emissions from Wyoming do not 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2006 24-hour PM2.5

NAAQS in any other state and that the 

existing Wyoming SIP is, therefore, 

adequate to meet the requirements of 

CAA section 110(a)(2)(D)(i)(I) for the 

2006 24-hour PM2.5 NAAQS. 

EPA is also approving element 3 of 

110(a)(2)(D)(i) from Wyoming’s August 

19, 2011 submission, based on a finding 

that the Wyoming SIP is adequate to 

meet the PSD requirement of CAA 

section 110(a)(2)(D)(i)(II). 

IV. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations 

(42 U.S.C. 7410(k), 40 CFR 52.02(a)). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements; this action 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 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 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 


Lhorne on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations 47859 

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. 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 October 9, 2015. 

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, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: July 23, 2015. 

Debra H. Thomas, 

Acting 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 in 

paragraph (e) by: 

■ a. Adding entry XXIV at the end of the 

table; and 

■ b. Removing the first instance of 

footnote 3. 

The addition reads as follows: 

§ 52.2620 Identification of plan. 

* * * * * 

(e) * * * 

Name of nonregulatory SIP 

provision 

Applicable geographic or 

non-attainment area 

State submittal date/ 

adopted date 

EPA approval date and 

citation 3 Explanations 

*******

XXIV. Interstate Transport. 

Wyoming Interstate 

Transport SIP satisfying 

the requirement of Section 110(a)(2)(D)(i) of the 

CAA for the 2006 PM2.5

standards.

Statewide .......................... Submitted: 8/19/2011 ........ 8/10/2015 ..........................

[insert Federal Register 

page number where 

document begins].

No action on section 

110(a)(2)(D)(i) prong 4, 

visibility. 

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

[FR Doc. 2015–19501 Filed 8–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0258; FRL–9926–72– 

Region 9] 

Approval and Promulgation of State 

Implementation Plans; Arizona; 

Infrastructure Requirements for the 

2008 Lead (Pb) and the 2008 8-Hour 

Ozone National Ambient Air Quality 

Standards (NAAQS) 

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 Arizona to 

address the requirements of section 

110(a)(1) and (2) of the Clean Air Act 

(CAA) for the 2008 Lead (Pb) and 2008 

ozone national ambient air quality 

standards (NAAQS). Section 110(a) of 

the CAA requires that each State adopt 

and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA. We refer to such 

SIP revisions as ‘‘infrastructure’’ SIPs 

because they are intended to address 

basic structural SIP requirements for 

new or revised NAAQS including, but 

not limited to, legal authority, 

regulatory structure, resources, permit 

programs, monitoring, and modeling 

necessary to assure attainment and 

maintenance of the standards. In 

addition, we are approving several state 

provisions addressing CAA conflict of 

interest and monitoring requirements 

into the Arizona SIP. 

DATES: This final rule is effective on 

September 9, 2015. 

ADDRESSES: EPA has established a 

docket for this action, identified by 

Docket ID Number EPA–R09–OAR– 

2014–0258. The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publically available only at the hard 

copy location (e.g., copyrighted 

material) and some may not be 

publically available in either location 

(e.g., confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, Office of Air Planning, U.S. 

Environmental Protection Agency, 

Region 9, (415) 947–4152, email: 

buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 


Lhorne on DSK7TPTVN1PROD with RULES