[Federal Register: May 10, 2004 (Volume 69, Number 90)]
[Proposed Rules]
[Page 25866-25869]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my04-25]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIP NO. WY-001-0013; FRL-7659-3]
Approval and Promulgation of Air Quality Implementation Plans;
Wyoming; Restructuring and Renumbering of Wyoming Air Quality Standards
and Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
revisions submitted by the State of Wyoming on September 12, 2003. The
submitted revisions restructure the Wyoming Air Quality Standards and
Regulations (WAQS&R) from a single chapter into thirteen separate
chapters and renumber the provisions within each chapter. The submitted
revisions contain no substantive changes to the existing SIP-approved
regulations. The intended effect of this action is to make federally
enforceable the restructured WAQS&R. This action is being taken under
section 110 of the Clean Air Act.
DATES: Comments must be received on or before June 9, 2004.
ADDRESSES: Submit your comments, identified by Docket ID No.WY-001-
0013, by one of the following methods:
Federal eRulemaking Portal: http://www. regulations. gov.
Follow the on-line instructions for submitting comments.
E-mail:
long.richard@epa gov and mastrangelo. domenico@epa.. gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 300, Denver, Colorado 80202-2466.
Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding federal holidays. Special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No.WY-001-0013.
EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov, or
e-mail. The federal regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I. General
Information of the SUPPLEMENTARY INFORMATION section of this document.
Docket: Some information in the docket may not be publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Publicly available docket materials are
available in hard copy at the Air and Radiation Program, Environmental
Protection Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver,
Colorado 80202-2466. EPA requests that if at all possible, you contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the docket. You may view the docket Monday through Friday, 8 a.m.
to 4 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Domenico Mastrangelo, Air & Radiation
Program, Mailcode 8P-AR, EPA, Region 8, 999 18th Street, Suite 300,
Denver, Colorado 80202-2466, (303) 312-6436, mastrangelo. domenico@epa.
gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Summary of SIP Revision
A. Background
B. Did Wyoming Follow the Proper Procedures for Adopting this
Action?
C. Evaluation of September 12, 2003 Submittal
III. Proposed Action
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or Wyoming mean the State of Wyoming, unless
the context indicates otherwise.
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
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h. Make sure to submit your comments by the comment period deadline
identified.
II. Summary of SIP Revision
A. Background
On August 9, 2000, the State submitted to EPA a SIP revision that
restructured and renumbered the entire set of its air regulations from
a single chapter into thirteen separate chapters, and modified the
content of some of the regulations. On August 7, 2001, the State
submitted a SIP revision adopting credible evidence provisions and
modifying the definition of volatile organic compounds (VOCs) in the
State's air regulations. On August 13, 2001, the State submitted a SIP
revision modifying several chapters of its air regulations to correct
deficiencies or bring regulations up to date with the Federal
regulations. On February 6, 2002 (67 FR 5485) EPA published a Direct
Final Rule partially approving and partially disapproving the Wyoming
SIP revisions submitted on the dates indicated above.
In the aftermath of this EPA action, EPA received adverse comments
from the Wyoming Outdoor Council (on March 7, 2002), and a March 8,
2002 letter from the State of Wyoming requesting the withdrawal of the
SIP revisions submitted on August 9, 2000, August 7, 2001 and August
13, 2001. In response, on April 1, 2002 (67 FR 15335) EPA published a
notice withdrawing its February 6, 2002 action.
On September 12, 2003, the State of Wyoming submitted to EPA a
request for approval of revisions containing changes in the structure
and number of the State's SIP provisions, but containing no substantive
changes. Following EPA's approval of these renumbering revisions, the
State of Wyoming plans to submit to EPA requests for substantive
changes and updates to its SIP provisions.
B. Did Wyoming Follow the Proper Procedures for Adopting This Action?
Section 110(k) of the Act addresses our actions on submissions of
SIP revisions. The Act also requires States to observe certain
procedures in developing SIP revisions. We have evaluated the State's
submission and determined that the necessary procedures were followed.
We also must determine whether a submittal is complete and therefore
warrants further review and action (see section 110(k)(1) of the Act).
We reviewed the State's September 12, 2003 submission against our
completeness criteria in 40 CFR Part 51, Appendix V. We determined this
submission was complete and notified the State in a letter dated
January 22, 2004.
C. Evaluation of September 12, 2003 Submittal
We reviewed the September 12, 2003 submittal and found that the
renumbered and restructured revisions of the Wyoming Air Quality
Standards and Regulations contain no substantive changes from the prior
codification that is approved into the SIP.\1\
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\1\ During the review of the September 12, 2003 submittal, EPA
identified typographical errors and incorrect cross references. In a
January 12, 2004 letter, the State of Wyoming addressed these two
items. The State provided replacement pages for the following
typographical errors: (1) Page 12 of the regulations, Figure 1,
``Particulate Emission Limits'', the division line was missing in
the equation, and the bottom lines (equal signs) were also missing
from the ``less than or equal to'' (< =) symbols in the same figure;
(2) page 51 of the regulations, Stauffer Chemical Plant source
description labeled 2ES-1 instead of 2ES-2; (3) page 54 of the
regulations, FMC Corporation source description for a coal boiler
labeled NS-1B instead of NS-1A. The State also committed to correct
in a future rulemaking the following cross references on page 50 of
the SIP: (1) in paragraph (vii), ``paragraph 23(a)(vi)(A)'' should
read ``Chapter 7, Section 2(a)(vi)(A)''; (2) in paragraph (b),
``paragraph 23(a)'' should read ``Chapter 7, Section 2(a).''
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The September 12, 2003 letter indicates that, once EPA approves the
renumbered and restructured SIP regulations, the State will submit
other SIP revisions that have already been adopted at the State level.
The letter further states that these already-adopted revisions clarify
director discretion provisions, correct outdated references to
reference methods, add a new section on credible evidence, update the
definition of volatile organic compounds, and update other provisions
of the rules to make them consistent with federal regulations. In
addition, the letter mentions that the State is working on additional
changes to the SIP such as equipment malfunction provisions. Finally,
the letter indicates that once the renumbering is in place, and as the
State reopens chapters to make changes, it will respond to public
comment, by EPA or other interested stakeholders, on any aspect of the
chapters under consideration.
In a March 22, 2004 letter to the Wyoming Department of
Environmental Quality (DEQ), EPA sought further clarification on the
commitment mentioned in the September 12, 2003 letter. Specifically, we
questioned whether the commitment in the September 12, 2003 letter
extended to addressing additional concerns EPA had with the State
regulations (e.g., additional director discretion provisions not
already corrected by the DEQ; additional revisions to the reference
methods not already corrected by the DEQ; provisions in the regulations
allowing alternative opacity limits; stack height definitions;
visibility provisions; equipment malfunction provisions; and other
clarifications) and the timeframe for submitting revisions to the
regulations.
In a March 29, 2004 letter from the Wyoming DEQ to EPA, the DEQ
indicated that it was DEQ's intent and commitment to address additional
EPA concerns as DEQ submits SIP revisions to incorporate changes in the
SIP that have already been adopted at the State level. With respect to
the timing of future SIP revisions, the DEQ indicated that DEQ would
take a phased approach to making changes to the regulations and that it
was DEQ's intent to begin the process by addressing Chapters 1 and 2.
The DEQ indicated that a number of EPA's concerns are in Chapters 1 and
2. The DEQ indicated that they would identify the timing of this first
phase of the process within 30 days of notice of EPA's final approval
of the current restructuring and renumbering proposal.
Because the September 12, 2003 submittal only restructures and
renumbers the existing SIP-approved regulations, contains no
substantive changes, and commits to submit further revisions in the
future, we believe it is appropriate to propose to approve the
submittal. Approving the restructured and renumbered WAQS&R into the
SIP will also facilitate future discussions on the rules.
III. Proposed Action
EPA is proposing to approve the restructuring and renumbering of
the WAQS&R as a revision to the Wyoming State Implementation Plan
(SIP). Specifically, we are proposing that the following renumbered SIP
chapters and sections replace the prior numbered SIP chapter and
sections in the federally approved SIP: Chapter 1, Section 2--
Authority; Chapter 1, Section 3--Definitions; Chapter 1, Section 4--
Diluting and concealing emissions; Chapter 1, Section 5--Abnormal
conditions and equipment malfunction; Chapter 2, Section 2--Ambient
standards for particulate matter; Chapter 2, Section 3--Ambient
standards for nitrogen oxides; Chapter 2, Section 4--Ambient standards
for sulfur oxides; Chapter 2, Section 5--Ambient standards for carbon
monoxide; Chapter 2, Section 6--Ambient standards for ozone; Chapter 2,
Section 8--Ambient standard for suspended sulfates; Chapter 2, Section
10--Ambient standards for lead; Chapter 3, Section
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2--Emission standards for particulate matter; Chapter 3, Section 3--
Emission standards for nitrogen oxides; Chapter 3, Section 4--Emission
standards for sulfur oxides; Chapter 3, Section 5--Emission standards
for carbon monoxide; Chapter 3, Section 6--Emission standards for
volatile organic compounds; Chapter 4, Section 2--Existing sulfuric
acid manufacturing plants; Chapter 4, Section 3--Existing nitric acid
manufacturing plants; Chapter 6, Section 2--Permit requirements for
construction, modification and operation; Chapter 6, Section 4--
Prevention of significant deterioration; Chapter 7, Section 2--
Continuous monitoring requirements for existing sources; Chapter 8,
Section 2--Sweetwater County particulate matter regulations; Chapter 8,
Section 3--Conformity of general federal actions to state
implementation plans; Chapter 9, Section 2--Visibility; Chapter 10,
Section 2--Open burning restrictions; Chapter 10, Section 3--Woodwaste
burners; Chapter 12, Section 2--Air pollution emergency episodes;
Chapter 13, Section 2--Motor vehicle pollution control. These
renumbered provisions contain no substantive changes to the text of
currently approved SIP rules.
The following table cross references the renumbered and prior
numbered SIP chapters and sections.
State Implementation Plan.--Table of Corresponding Chapters/Sections
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Renumbered SIP Prior numbered
Title (renumbered SIP section) section SIP section
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Authority....................... Chapter 1, Section Chapter 1, Section
2. 1.
Definitions..................... Chapter 1, Section Chapter 1, Section
3. 2.
Diluting and concealing Chapter 1, Section Chapter 1, Section
emissions. 4.. 18.
Abnormal conditions and Chapter 1, Section Chapter 1, Section
equipment malfunction. 5. 19.
Ambient standards for Chapter 2, Chapter 1, Section
particulate matter. Sections 2a and 3.
2c.
Ambient standards for nitrogen Chapter 2, Section Chapter 1, Section
oxides. 3. 10a.
Ambient standards for sulfur Chapter 2, Section Chapter 1, Section
oxides. 4. 4a.
Ambient standards for carbon Chapter 2, Section Chapter 1, Section
monoxide. 5. 12a.
Ambient standards for ozone..... Chapter 2, Section Chapter 1, Section
6. 8.
Ambient standards for suspended Chapter 2, Section Chapter 1, Section
sulfates. 8. 6.
Ambient standards for lead...... Chapter 2, Section Chapter 1, Section
10. 26.
Emission standards for Chapter 3, Section Chapter 1, Section
particulate matter. 2. 14.
Emission standards for nitrogen Chapter 3, Section Chapter 1, Section
oxides. 3. 10b-c, excluding
10b(6).
Emission standards for sulfur Chapter 3, Section Chapter 1, Section
oxides. 4. 4c, 4(h).
Emission standards for carbon Chapter 3, Section Chapter 1, Section
monoxide. 5. 12b.
Emission standards for VOCs..... Chapter 3, Section Chapter 1, Section
6. 9.
Existing sulfuric acid Chapter 4, Section Chapter 1, Section
production units. 2. 5(a), 4b.
Existing nitric acid Chapter 4, Section Chapter 1, Section
manufacturing plants. 3. 10b(6).
Permit requirements for Chapter 6, Section Chapter 1, Section
construction, modification and 2. 21.
operation.
Prevention of significant Chapter 6, Section Chapter 1, Section
deterioration. 4. 24.
CEM requirements for existing Chapter 7, Section Chapter 1, Section
sources. 2. 23.
Sweetwater County particulate Chapter 8, Section Chapter 1, Section
matter regulations. 2. 25.
Conformity of general federal Chapter 8, Section Chapter 1, Section
actions to state implementation 3. 32.
plans.
Visibility...................... Chapter 9, Section Chapter 1, Section
2. 28.
Open burning restrictions....... Chapter 10, Chapter 1, Section
Section 2. 13.
Woodwaste burners............... Chapter 10, Chapter 1, Section
Section 3. 15.
Air pollution emergency episodes Chapter 12, Chapter 1, Section
Section 2. 20.
Motor vehicle pollution control. Chapter 13, Chapter 1, Section
Section 2. 17.
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IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Public Law 104-4).
This proposed rule also does not have tribal implications because
it will 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, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
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In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
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: April 29, 2004.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. 04-10552 Filed 5-7-04; 8:45 am]
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