Federal Register/Vol. 85, No. 36/Monday, February 24, 2020

10304 Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION [Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012] State/local State/local Title/subject effective EPA approval date Explanations citation date ******* Washington Department of Ecology Regulations Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources 173–400–025 ................. Adoption of Federal 9/16/18 2/24/20, [Insert Federal Rules. Register citation]. 173–400–030 ................. Definitions ..................... 9/16/18 2/24/20, [Insert Federal Except: 173–400–030(6); 173–400–030(32); Register citation]. 173–400–030(38); 173–400–030(40); 173– 400–030(41); 173–400–030(45); 173–400– 030(83); 173–400–030(89); 173–400–030(96); 173–400–030(97); 173–400–030(100); 173– 400–030(103); 173–400–030(104). 173–400–030 (30) and Definitions ..................... 12/29/12 10/3/14, 79 FR 59653. (36). ******* 173–400–040 ................. General Standards for 9/16/18 2/24/20, [Insert Federal Except: 173–400–040(2); 173–400–040(3); 173– Maximum Emissions. Register citation]. 400–040(4); 173–400–040(5); 173–400– 040(9). 173–400–040(2) ............. General Standards for 07/01/16 10/6/16, 81 FR 69385 ... Except: 173–400–040(2)(c); 173–400–040(2)(d). Maximum Emissions. 173–400–050 ................. Emission Standards for 9/16/18 2/24/20, [Insert Federal Except: 173–400–050(2); 173–400–050(4); 173– Combustion and In- Register citation]. 400–050(5); 173–400–050(6). cineration Units. 173–400–060 ................. Emission Standards for 11/25/18 2/24/20, [Insert Federal General Process Register citation]. Units. ******* 173–400–081 ................. Startup and Shutdown .. 4/1/11 11/17/15, 80 FR 71695 ******* 173–400–105 ................. Records, Monitoring and 11/25/18 2/24/20, [Insert Federal Reporting. Register citation]. ******* 173–400–171 ................. Public Notice and Op- 9/16/18 2/24/20, [Insert Federal Except: The part of 173–400–171(3)(b) that portunity for Public Register citation]. says, Comment. • ‘‘or any increase in emissions of a toxic air pollutant above the acceptable source impact level for that toxic air pollutant as regulated under chapter 173–460 WAC’’; 173–400– 171(3)(o); 173–400–171(12). ******* * * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule. [FR Doc. 2020–02890 Filed 2–21–20; 8:45 am] AGENCY BILLING CODE 6560–50–P SUMMARY: The Environmental Protection 40 CFR Part 52 Agency (EPA) is acting on multiple [EPA–R08–OAR–2019–0419; FRL–10004– elements of State Implementation Plan 97–Region 8] (SIP) revisions from the State of Wyoming to demonstrate that the State Approval and Promulgation of meets infrastructure requirements of Implementation Plans; Infrastructure Clean Air Act (CAA) section 110(a) for Requirements for the 2015 Ozone the 2015 ozone National Ambient Air National Ambient Air Quality Quality Standard (NAAQS). Section Standards; Wyoming 110(a) of the CAA requires that each AGENCY: Environmental Protection state submit a SIP for the Agency (EPA). implementation, maintenance and VerDate Sep<11>2014 17:27 Feb 21, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM 24FER1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations 10305 enforcement of each NAAQS The first comment was supportive of the state matching funds to provide the promulgated by the EPA. proposed action. The second comment funding necessary to carry out DATES: This rule is effective on March is discussed below. Wyoming’s SIP requirements. 25, 2020. Comment: The commenter appears to Wyoming’s PPA with the EPA (available ADDRESSES: The EPA has established a oppose approval of Wyoming’s for review in the docket) documents docket for this action under Docket ID infrastructure SIP submission on the resources needed to carry out agreed No. EPA–R08–OAR–2019–0419. All basis that it ‘‘would mean that Wyoming upon environmental program goals, documents in the docket are listed on could build three new state dams,’’ and measures, and commitments, including the http://www.regulations.gov website. that the EPA cannot confirm ‘‘whether developing and implementing Although listed in the index, some Wyoming has adequate regulations or appropriate SIPs for all areas of the authority or enforcement power in its information is not publicly available, State. The EPA and Wyoming annually SIP.’’ The commenter also requests that e.g., CBI or other information whose update these grant commitments based the EPA ‘‘check whether Wyoming has disclosure is restricted by statute. on current SIP requirements, air quality adequate funding to enforce its rules Certain other material, such as planning, and applicable requirements against powerful coal companies and copyrighted material, is not placed on related to the NAAQS. Furthermore, the coal lobby of Wyoming’’ and that the internet and will be publicly Wyoming Air Quality Standards and EPA, ‘‘disavow this SIP until all dams available only in hard copy form. Regulations (WAQSR) Chapter 6, and hydroelectric power is rerouted to Publicly available docket materials are section 2(a)(v), Permit for construction, solar and wind power.’’ modification, operation, requires the available through http:// Response: The commenter largely owner and operator of each new major www.regulations.gov, or please contact discusses subjects outside the scope of source or major modification to pay a the person identified in the FOR FURTHER an infrastructure SIP action, and does INFORMATION CONTACT section for not explain, nor provide a legal basis for fee sufficient to cover the cost of additional availability information. disapproval. Although the commenter reviewing and acting on permit FOR FURTHER INFORMATION CONTACT: states that a determination of whether applications. Collectively, these Clayton Bean, Air and Radiation Wyoming has adequate regulations, WAQSR rules and PPA commitments Division, EPA, Region 8, Mailcode authority, or enforcement power in its provide satisfactory evidence that the 8ARD–IO, 1595 Wynkoop Street, SIP should be based upon ‘‘rerouting of State has adequate funding and legal Denver, Colorado, 80202–1129, (303) power,’’ the EPA notes that Wyoming’s authority to carry out the SIP and 312–6143, [email protected]. 2015 ozone NAAQS submittal was related issues. This funding and legal SUPPLEMENTARY INFORMATION: reviewed and found adequate to provide authority extends to all regulated Throughout this document ‘‘we,’’ ‘‘us,’’ for the implementation, maintenance emission sources, independent of any and ‘‘our’’ means the EPA. and enforcement of the subject NAAQS. specific industry—be it the coal Specifically, as thoroughly discussed in industry or any other CAA regulated I. Background our analysis of the NPRM, Wyoming’s industry. On March 12, 2008, the EPA SIP-approved Legal Authority III. Final Action promulgated a new NAAQS for ozone, Document (37 FR 10832, May 31, 1972) revising the levels of primary and (see also 40 CFR 52.2620(e), Rule No. The EPA is approving the following secondary 8-hour ozone standards from (02) II; 41 FR 36652, Aug. 31, 1976) CAA section 110(a)(2) infrastructure 0.08 parts per million (ppm) to 0.075 confirms that the State has adequate elements of Wyoming’s January 3, 2019 ppm (73 FR 16436). More recently, on legal authority to enforce applicable infrastructure SIP submission for the October 1, 2015, the EPA promulgated laws, regulations and standards; to seek 2015 ozone NAAQS: (A), (B), (C), and revised the NAAQS for ozone, injunctive relief; and to prevent (D)(i)(II) Prong 3 Interstate transport— further strengthening the primary and construction, modification, or operation prevention of significant deterioration, secondary 8-hour standards to 0.070 of any stationary source at any location (D)(ii), (E), (F), (G), (H), (J), (K), (L) and ppm (80 FR 65292). The October 1, 2015 where emissions from such source will (M). The EPA is not taking action at this standards are known as the 2015 ozone prevent the attainment or maintenance time on (D)(i)(I) Prong 1 Interstate NAAQS. of a national standard or interfere with transport—significant contribution, and Section 110(a)(1) of the CAA directs PSD requirements. Commenter has not (D)(i)(I) Prong 2 Interstate transport— each state to make an infrastructure SIP identified any specific deficiencies in interference with maintenance; we submission to the EPA within 3 years of that finding or identified specific ways intend to address (D)(i)(I) Prongs 1 and promulgation of a new or revised in which dams, hydroelectric, solar, or 2 in a separate, future action. NAAQS. Infrastructure requirements for wind power would change that SIPs are provided in section 110(a)(1) assessment. Finally, the EPA is also disapproving and (2) of the CAA. Section 110(a)(2) Lastly, as to the commenter’s request element (D)(i)(II) Prong 4 Interstate lists the specific infrastructure elements that the EPA check ‘‘whether Wyoming transport—visibility. CAA section that a SIP must contain or satisfy. The has adequate funding to enforce its rules 110(c)(1) provides

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