Federal Register: May 10, 2004 (Volume 69, Number 90)
DOCID: FR Doc 04-10552
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
SIP ID: [SIP NO. WY-001-0013; FRL-7659-3]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Proposed rule.
Approval and Promulgation of Air Quality Implementation Plans; Wyoming; Restructuring and Renumbering of Wyoming Air Quality Standards and Regulations
DATES: Comments must be received on or before June 9, 2004.
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 SIPapproved 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.
Table of Contents
I. General Information
II. Summary of SIP Revision
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
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 email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CDROM that you mail to EPA, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CDROM 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 directionsThe 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.
h. Make sure to submit your comments by the comment period deadline identified.
II. Summary of SIP Revision
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\
\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 2ES1 instead of 2ES2; (3) page 54 of the regulations, FMC Corporation source description for a coal boiler labeled NS1B instead of NS1A. 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).''
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 alreadyadopted 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 SIPapproved 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 3Definitions; Chapter 1, Section 4
Diluting and concealing emissions; Chapter 1, Section 5Abnormal
conditions and equipment malfunction; Chapter 2, Section 2Ambient
standards for particulate matter; Chapter 2, Section 3Ambient
standards for nitrogen oxides; Chapter 2, Section 4Ambient standards
for sulfur oxides; Chapter 2, Section 5Ambient standards for carbon
monoxide; Chapter 2, Section 6Ambient standards for ozone; Chapter 2,
Section 8Ambient standard for suspended sulfates; Chapter 2, Section 10Ambient standards for lead; Chapter 3, Section
2Emission standards for particulate matter; Chapter 3, Section 3 Emission standards for nitrogen oxides; Chapter 3, Section 4Emission standards for sulfur oxides; Chapter 3, Section 5Emission standards for carbon monoxide; Chapter 3, Section 6Emission standards for volatile organic compounds; Chapter 4, Section 2Existing sulfuric acid manufacturing plants; Chapter 4, Section 3Existing nitric acid manufacturing plants; Chapter 6, Section 2Permit 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 2Sweetwater County particulate matter regulations; Chapter 8, Section 3Conformity of general federal actions to state
implementation plans; Chapter 9, Section 2Visibility; Chapter 10, Section 2Open burning restrictions; Chapter 10, Section 3Woodwaste burners; Chapter 12, Section 2Air pollution emergency episodes; Chapter 13, Section 2Motor 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 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.
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. 10bc, 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.
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.
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.
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 1044).
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. [[Page 25869]]
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. 0410552 Filed 5704; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Domenico Mastrangelo, Air & Radiation Program, Mailcode 8PAR, EPA, Region 8, 999 18th Street, Suite 300, Denver, Colorado 802022466, (303) 3126436, mastrangelo. domenico@epa. gov.