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

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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).

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* * * * * 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

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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 that the EPA must elements that are the subject of this against powerful coal companies and promulgate a Federal Implementation action are described in detail in our the coal lobby of Wyoming,’’ we note Plan (FIP) within two years after finding notice of proposed rulemaking (NPRM) again that during our review of the that a state has failed to make a required published on December 4, 2019 (84 FR State’s submittal, we found that submission or disapproving a state’s SIP 66352) for the State of Wyoming’s Wyoming does have adequate funding submission in whole or in part, unless infrastructure SIP revision, submitted to to carry out its SIP obligations and the EPA approves a SIP revision the EPA on January 3, 2019. requirements. Specifically, and correcting the deficiencies within that reiterating our analysis of Wyoming’s two-year period. As explained in our II. Response to Comments submittal, the State receives CAA December 4, 2019 NPRM, this Comments on our December 4, 2019 sections 103 and 105 grant funds disapproval of prong 4 will not incur NPRM were due on or before January 3, through its Performance Partnership additional practical consequences for 2020. The EPA received two comments. Agreement (PPA) along with required the State or the EPA because the

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existing FIP 1 already in place, due to Management and Budget under copy of the rule, to each House of the preexisting deficiencies, satisfies the Executive Orders 12866 (58 FR 51735, Congress and to the Comptroller General prong 4 requirements for this NAAQS. October 4, 1993) and 13563 (76 FR 3821, of the United States. The EPA will The aforementioned actions are January 21, 2011); submit a report containing this action tabulated by section 110(a)(2) elements • This action is not an Executive and other required information to the in Table 1 below. Order 13771 regulatory action because U.S. Senate, the U.S. House of this action is not significant under Representatives, and the Comptroller TABLE 1—ACTION TAKEN ON WY Executive Order 12866; General of the United States prior to INFRASTRUCTURE SIP SUBMITTAL • Does not impose an information publication of the rule in the Federal collection burden under the provisions Register. A major rule cannot take effect 2015 Ozone NAAQS Wyoming of the Paperwork Reduction Act (44 until 60 days after it is published in the infrastructure SIP elements U.S.C. 3501 et seq.); Federal Register. This action is not a • Is certified as not having a ‘‘major rule’’ as defined by 5 U.S.C. (A): Emission Limits and Other significant economic impact on a Control Measures ...... A 804(2). (B): Ambient Air Quality Moni- substantial number of small entities Under section 307(b)(1) of the CAA, toring/Data System ...... A under the Regulatory Flexibility Act (5 petitions for judicial review of this (C): Program for Enforcement of U.S.C. 601 et seq.); action must be filed in the United States • Does not contain any unfunded Control Measures ...... A Court of Appeals for the appropriate mandate or significantly or uniquely (D)(i)(I): Prong 1 Interstate Trans- circuit by April 24, 2020. Filing a port—significant contribution ..... NA affect small governments, as described petition for reconsideration by the (D)(i)(I): Prong 2 Interstate Trans- in the Unfunded Mandates Reform Act Administrator of this final rule does not port—interference with mainte- of 1995 (Pub. L. 104–4); nance ...... NA • Does not have federalism affect the finality of this action for the (D)(i)(II): Prong 3 Interstate Trans- implications as specified in Executive purposes of judicial review nor does it port—prevention of significant Order 13132 (64 FR 43255, August 10, extend the time within which a petition deterioration ...... A for judicial review may be filed, and (D)(i)(II): Prong 4 Interstate Trans- 1999); • Is not an economically significant shall not postpone the effectiveness of port—visibility ...... D such rule or action. This action may not (D)(ii): Interstate and International regulatory action based on health or Pollution Abatement ...... A safety risks subject to Executive Order be challenged later in proceedings to (E): Adequate Resources ...... A 13045 (62 FR 19885, April 23, 1997); enforce its requirements. (See section (F): Stationary Source Monitoring • Is not a significant regulatory action 307(b)(2)). System ...... A subject to Executive Order 13211 (66 FR List of Subjects in 40 CFR Part 52 (G): Emergency Episodes ...... A 28355, May 22, 2001); (H): Future SIP revisions ...... A • Is not subject to requirements of Environmental protection, Air (J): Consultation with Government pollution control, Carbon monoxide, Officials, Public Notification, section 12(d) of the National PSD and Visibility Protection .... A Technology Transfer and Advancement Greenhouse gases, Incorporation by (K): Air Quality and Modeling/Data A Act of 1995 (15 U.S.C. 272 note) because reference, Intergovernmental relations, (L): Permitting Fees ...... A application of those requirements would Lead, Nitrogen dioxide, Ozone, (M): Consultation/Participation by be inconsistent with the Clean Air Act; Particulate matter, Reporting and Affected Local Entities ...... A and recordkeeping requirements, Sulfur • In the table above, the key is as follows: Does not provide EPA with the oxides, Volatile organic compounds. A—Approve. discretionary authority to address, as Dated: February 10, 2020. D—Disapprove. appropriate, disproportionate human Gregory Sopkin, NA—No Action. We intend to address the health or environmental effects, using element in a separate rulemaking action. Regional Administrator, Region 8. practicable and legally permissible IV. Statutory and Executive Order methods, under Executive Order 12898 40 CFR part 52 is amended as follows: Reviews (59 FR 7629, February 16, 1994). PART 52—APPROVAL AND Under the CAA, the Administrator is In addition, the SIP is not approved PROMULGATION OF required to approve a SIP submission to apply on any Indian reservation land IMPLEMENTATION PLANS that complies with the provisions of the or in any other area where EPA or an Act and applicable Federal regulations. Indian tribe has demonstrated that a ■ 1. The authority citation for part 52 42 U.S.C. 7410(k); 40 CFR 52.02(a). tribe has jurisdiction. In those areas of continues to read as follows: Thus, in reviewing SIP submissions, Indian country, the rule does not have EPA’s role is to approve state choices, tribal implications and will not impose Authority: 42 U.S.C. 7401 et seq. provided that they meet the criteria of substantial direct costs on tribal the CAA. Accordingly, this action governments or preempt tribal law as Subpart ZZ—Wyoming merely approves state law as meeting specified by Executive Order 13175 (65 ■ Federal requirements and does not FR 67249, November 9, 2000). 2. In § 52.2620, the table in paragraph impose additional requirements beyond The Congressional Review Act, 5 (e) is amended by adding the entry ‘‘(34) those imposed by state law. For that U.S.C. 801 et seq., as added by the Small XXXIV’’ in numerical order to read as reason, this action: Business Regulatory Enforcement follows: • Is not a significant regulatory action Fairness Act of 1996, generally provides § 52.2620 Identification of plan. subject to review by the Office of that before a rule may take effect, the agency promulgating the rule must * * * * * 1 See 79 FR 5032, January 30, 2014. submit a rule report, which includes a (e) * * *

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State EPA Rule No. Rule title effective effective Final rule citation/date Comments date date

******* (34) XXXIV ...... Infrastructure SIP for sec- 1/3/2019 3/25/2020 [insert Federal Register The EPA is not acting on tion 110(a)(2)—2015 citation], 2/24/2020. (D)(i)(I) Prong 1, and Ozone NAAQS. (D)(i)(I) Prong 2. The EPA is disapproving (D)(i)(II) Prong 4.

[FR Doc. 2020–03026 Filed 2–21–20; 8:45 a.m.] Washington, DC 20590–0001, (202) 366– provisions codified at 49 U.S.C. 5105(d), BILLING CODE 6560–50–P 9209. If you have questions on viewing relating to inspections of motor vehicles or submitting material to the docket, carrying certain hazardous material, and contact Docket Operations, (202) 366– 49 U.S.C. 5109, relating to motor carrier DEPARTMENT OF TRANSPORTATION 9826. safety permits, the Secretary of SUPPLEMENTARY INFORMATION: Transportation is required to Federal Motor Carrier Safety promulgate regulations as part of a Administration Rulemaking Documents comprehensive safety program on For access to docket FMCSA–2019– hazardous materials safety permits. The 49 CFR Part 385 0068 to read background documents and FMCSA Administrator has been delegated authority under 49 CFR [Docket No. FMCSA–2019–0068] comments received, go to http:// www.regulations.gov at any time, or to 1.87(d)(2) to carry out the rulemaking RIN 2126–AC28 Docket Operations at U.S. Department of functions vested in the Secretary of Transportation, Room W12–140, 1200 Transportation. Consistent with that Incorporation by Reference; North New Jersey Avenue SE., Washington, authority, FMCSA has promulgated American Standard Out-of-Service DC 20590, between 9 a.m. and 5 p.m., regulations to address the congressional Criteria; Hazardous Materials Safety Monday through Friday, except Federal mandate on hazardous materials. Those Permits holidays. regulations on hazardous materials are the underlying provisions to which the AGENCY: Federal Motor Carrier Safety II. Executive Summary material incorporated by reference Administration (FMCSA), DOT. This rulemaking updates an discussed in this final rule is applicable. ACTION: Final rule. incorporation by reference found at 49 IV. Background CFR 385.4(b)(1) and referenced at 49 SUMMARY: FMCSA amends its CFR 385.415(b). Section 385.4(b)(1) In 1986, the U.S. Department of Hazardous Materials Safety Permit currently references the April 1, 2018, Energy and CVSA entered into a regulations to incorporate by reference edition of CVSA’s ‘‘North American cooperative agreement to develop a the April 1, 2019, edition of the Standard Out-of-Service Criteria and higher level of inspection procedures, Commercial Vehicle Safety Alliance’s Level VI Inspection Procedures and Out- out-of-service conditions and/or criteria, (CVSA) ‘‘North American Standard Out- of-Service Criteria for Commercial an inspection decal, and a training and of-Service Criteria and Level VI Highway Vehicles Transporting certification program for inspectors to Inspection Procedures and Out-of- Transuranics and Highway Route conduct inspections on shipments of Service Criteria for Commercial Controlled Quantities of Radioactive transuranic waste and highway route Highway Vehicles Transporting Materials as defined in 49 CFR part controlled quantities of radioactive Transuranics and Highway Route 173.403.’’ The Out-of-Service Criteria, material. CVSA developed the North Controlled Quantities of Radioactive while not regulations, provide uniform American Standard Level VI Inspection Materials as defined in 49 CFR part enforcement tolerances for roadside Program for Transuranic Waste and 173.403.’’ The Out-of-Service Criteria inspections to enforcement personnel Highway Route Controlled Quantities of provide uniform enforcement tolerances nationwide, including FMCSA’s State Radioactive Material. This inspection for roadside inspections to enforcement partners. In this final rule, FMCSA program for select radiological personnel nationwide, including incorporates by reference the April 1, shipments includes inspection FMCSA’s State partners. 2019, edition. procedures, enhancements to the North DATES: This final rule is effective March Thirteen updates distinguish the American Standard Level I Inspection, 25, 2020. The incorporation by reference April 1, 2019, handbook edition from radiological surveys, CVSA Level VI of certain publications listed in the the 2018 edition. The updates are all decal requirements, and the ‘‘North regulations is approved by the Director described in detail in the October 2, American Standard Out-of-Service of the Federal Register as of March 25, 2019 notice of proposed rulemaking Criteria and Level VI Inspection 2020. (NPRM) for this rule (85 FR at 52434– Procedures and Out-of-Service Criteria Petitions for Reconsideration of this 36). The incorporation by reference of for Commercial Highway Vehicles final rule must be submitted to the the 2019 edition does not impose new Transporting Transuranics and Highway FMCSA Administrator no later than regulatory requirements. Route Controlled Quantities of March 25, 2020. Radioactive Materials as defined in 49 FOR FURTHER INFORMATION CONTACT: Mr. III. Legal Basis for the Rulemaking CFR part 173.403.’’ As of January 1, Michael Huntley, Chief, Vehicle and Congress has enacted several statutory 2005, all vehicles and carriers Roadside Operations Division, Federal provisions to ensure the safe transporting highway route controlled Motor Carrier Safety Administration, transportation of hazardous materials in quantities of radioactive material are 1200 New Jersey Avenue SE., interstate commerce. Specifically, in regulated by the U.S. Department of

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