[Federal Register: July 28, 2004 (Volume 69, Number 144)]
[Rules and Regulations]
[Page 44965-44967]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy04-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIP NO. WY-001-0013, FRL-7784-8]
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: Final rule.
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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision
submitted by the State of Wyoming on September 12, 2003. The revision
restructures the Wyoming Air Quality Standards and Regulations (WAQS&R)
from a single chapter into thirteen separate chapters and renumbers the
provisions within each chapter. The submitted revision contains 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: This final rule is effective August 27, 2004.
ADDRESSES: EPA has established a docket for this under Docket ID No.
WY-001-0013. Some information in the docket may not be publicly
available, i.e., Confidential Business Information (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. Copies of the Incorporation by Reference material are also
available at the Air and Radiation Docket and Information Center, U.S.
Environmental Protection Agency, Room B-108 (Mail Code 6102T), 1301
Constitution Ave., NW., Washington, DC 20460.
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. Summary of SIP Revision
II. Final Action
III. 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. Summary of SIP Revision
On May 10, 2004 (69 FR 25866), EPA published a notice of proposed
rulemaking (NPR) for the State of Wyoming. The NPR proposed approval of
a State Implementation Plan (SIP) revision restructuring and
renumbering the Wyoming Air Quality Standards and Regulations (WAQS&R).
The formal SIP revision was submitted by the State of Wyoming on
September 12, 2003. The SIP revision restructures the WAQS&R from a
single chapter into thirteen separate chapters and renumbers the
provisions within each chapter. The revision contains no substantive
changes from the prior codification that is approved into the SIP.
The following table cross references the renumbered and prior
numbered SIP chapters and sections. The table identifies the renumbered
SIP sections we are approving as replacing the prior numbered SIP
sections.
State Implementation Plan--Table of Corresponding Chapters/Sections
------------------------------------------------------------------------
Renumbered SIP Prior numbered
Title (renumbered SIP section) section SIP section
------------------------------------------------------------------------
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 only.
[[Page 44966]]
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
Continuous monitoring Chapter 7, Section Chapter 1, Section
requirements for existing 2. 23
sources.
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
Wood waste 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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II. Final Action
EPA received no comments on the May 10, 2004 notice of proposed
rulemaking. As proposed, EPA is approving the Restructuring and
Renumbering of Wyoming Air Quality Standards and Regulations submitted
by the Governor of Wyoming on September 12, 2003 as a revision to the
Wyoming SIP.
The table in Section I above identifies the renumbered SIP chapters
and sections we are approving as replacing the prior numbered SIP
chapter and sections in the federally approved SIP. The renumbered
provisions were adopted September 13, 1999 and effective October 29,
1999.
Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the NAAQS or any other applicable requirements of
the Act. We believe the Wyoming SIP revision that is the subject of
this document will not interfere with any applicable requirement
concerning attainment and reasonable further progress towards
attainment of the NAAQS or any other applicable requirements of the Act
because the State is merely restructuring and renumbering its SIP and
the State's revision is no less stringent than the requirements
currently contained in their SIP.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 (Pub. L. 104-4).
This 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 approves 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 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.
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
[[Page 44967]]
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This 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.).
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 rule 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 September 27, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 section 307(b)(2).)
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, Sulfur oxides, Volatile organic compounds.
Dated: June 30, 2004.
Aundrey Wilkins,
Acting Regional Administrator, Region 8.
0
40 CFR part 52 is amended to read as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ--Wyoming
0
2. Section 52.2620 is amended by adding paragraph (c)(30) to read as
follows:
Sec. 52.2620 Identification of plan.
* * * * *
(c) * * *
(30) On September 12, 2003, the Governor of Wyoming submitted a
revision to the State Implementation Plan. The revision restructures
the Wyoming Air Quality Standards and Regulations (WAQS&R) from a
single chapter into thirteen separate chapters and renumbers the
provisions within each chapter. The submitted revision contains no
substantive changes to the existing SIP-approved regulations. The
provisions listed in paragraph (c)(30)(i)(A) are approved into the SIP
and supersede and replace the prior codification of the corresponding
provisions of the SIP.
(i) Incorporation by reference.
(A) Wyoming Air Quality Standards and Regulations: Chapter 1:
Section 2--Authority, Section 3--Definitions, Section 4--Diluting and
concealing emissions, Section 5--Abnormal conditions and equipment
malfunction; Chapter 2: Section 2--Ambient standards for particulate
matter, paragraphs 2(a) and 2(c) only, Section 3--Ambient standards for
nitrogen oxides, Section 4--Ambient standards for sulfur oxides,
Section 5--Ambient standards for carbon monoxide, Section 6--Ambient
standards for ozone, Section 8--Ambient standard for suspended
sulfates, Section 10--Ambient standards for lead; Chapter 3: Section
2--Emission standards for particulate matter, Section 3--Emission
standards for nitrogen oxides, Section 4--Emission standards for sulfur
oxides, Section 5--Emission standards for carbon monoxide, Section 6--
Emission standards for volatile organic compounds; Chapter 4: Section
2--Existing sulfuric acid production units, Section 3--Existing nitric
acid manufacturing plants; Chapter 6: Section 2--Permit requirements
for construction, modification and operation, 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, Section 3--Conformity of general
federal actions to state implementation plans; Chapter 9: Section 2--
Visibility; Chapter 10: Section 2--Open burning restrictions, Section
3--Wood waste burners; Chapter 12: Section 2--Air pollution emergency
episodes; Chapter 13: Section 2--Motor vehicle pollution control; all
adopted September 13, 1999 and effective October 29, 1999.
(ii) Additional Material.
(A) Remainder of the September 12, 2003 State submittal.
(B) January 12, 2004 letter from Dan Olson, Wyoming Department of
Environmental Quality (DEQ), to Richard Long, EPA Region VIII, to
address typographical errors and incorrect cross references identified
in the September 12, 2003 submittal.
(C) March 22, 2004 letter from Richard Long, EPA Region VIII, to
John Corra, Wyoming DEQ, requesting clarification on the State's
commitment to submit substantive SIP revisions following EPA's approval
of the restructured and renumbered WAQS&R provisions. In this letter,
EPA also asked DEQ to indicate time frames in which DEQ would submit
substantive SIP revisions.
(D) March 29, 2004 letter from John Corra, Wyoming DEQ, to Richard
Long, EPA Region VIII, addressing the concerns expressed in Mr. Long's
March 22, 2004 letter.
[FR Doc. 04-17167 Filed 7-27-04; 8:45 am]
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