[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Rules and Regulations]
[Pages 47058-47060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22645]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[FRL-5560-4]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; Wyoming; Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rulemaking.
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SUMMARY: EPA is promulgating corrections to the State Implementation
Plan (SIP) for the State of Wyoming regarding the State's ambient
standards for fluorides and hydrogen sulfide and the State's odor
control regulation. EPA has determined that these rules were
erroneously incorporated into the SIP. EPA is removing these rules from
the approved Wyoming SIP because the rules do not have a reasonable
connection to the national ambient air quality standards (NAAQS) and
related air quality goals of the Clean Air Act. The intended effect of
this correction to the SIP is to make the SIP consistent with the
requirements of the Clean Air Act, as amended in 1990 (``the Act''),
regarding EPA action on SIP submittals and SIPs for national primary
and secondary ambient air quality standards.
In addition, EPA is amending the boundary description for the
``Powder River Basin'' PM-10 unclassifiable area in 40 CFR 81.351. EPA
promulgated revisions to 40 CFR 81.351 in a November 3, 1995
rulemaking, and EPA erroneously published an incorrect boundary
description for the Powder River Basin area. This document corrects
that error.
DATES: This action will become effective on November 5, 1996, unless
adverse comments are received within 30 days of publication. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the documents relative to this action are
available for inspection during normal business hours at the following
location: Air Program, Environmental Protection Agency, Region VIII,
999 18th Street, Suite 500, Denver, Colorado 80202-2466.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8P2-A, Environmental
Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver,
Colorado 80202-2466, (303) 312-6445.
SUPPLEMENTARY INFORMATION:
I. Corrections to SIP
The Act was first amended in 1970. At this time, a large number of
SIPs were submitted to EPA to fulfill the new Federal requirements. In
many cases, states and districts submitted their entire programs,
including many elements not required pursuant to the Act. Due to
resource constraints at that time, EPA's review of these submittals
focused primarily on the required technical, legal, and enforcement
elements of the submittals. At the time, EPA did not perform a detailed
review of the numerous provisions submitted, to determine if each
provision was related to protection of the NAAQS. Provisions approved
as part of states' SIPs should generally be related to attainment and
maintenance of the NAAQS, consistent with the authority in section 110
of the Act under which these plans are approved by EPA.
During a recent review of the contents of the Wyoming SIP, EPA
determined that three provisions of the State's rules were approved as
part of the SIP which did not have a reasonable connection to the
NAAQS-related air quality goals of the Act. These State rules include
the ambient standard for hydrogen sulfide in Section 7 of the Wyoming
Air Quality Standards and Regulations (WAQSR), the 1972 version of the
ambient standard for fluorides in Section 11 of the WAQSR,1 and
the odor control rules in Section 16 of the WAQSR. In addition,
documents included in the State's November 19, 1993 title V operating
permit program submittal indicated that the State did not consider
these three rules part of the federally-approved SIP. EPA consequently
notified the State of this discrepancy in a June 26, 1995 letter and
offered to correct the SIP pursuant to section 110(k)(6) of the Act by
removing these three rules from the SIP, since they are not reasonably
connected to the NAAQS-related air quality goals of the Act. The State
responded in a letter dated September 19, 1995 requesting that EPA
remove these three provisions from the approved SIP.
\1\ Section 11 of the WAQSR was amended by the State in 1986,
but that version was never submitted to, or approved by, EPA as part
of the SIP for Wyoming.
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Section 110(k)(6) of the amended Act provides: Whenever the
Administrator determines that the Administrator's action approving,
disapproving, or promulgating any plan or plan revision (or part
thereof), area designation, redesignation, classification, or
reclassification was in error, the Administrator may in the same
manner as the approval, disapproval, or promulgation revise such
action as appropriate without requiring any further submission from
the State. Such determination and the basis thereof shall be
provided to the State and public.
Since the State of Wyoming's rules for hydrogen sulfide ambient
standards, fluoride ambient standards, and odor control have no
reasonable connection to the NAAQS-related air quality goals of the Act
and since the State has requested that EPA remove these rules from the
approved SIP, EPA has found that approval of these State rules was in
error. Consequently, EPA is removing Sections 7, 11, and 16 of the
WAQSR from the approved Wyoming SIP pursuant to section 110(k)(6) of
the Act.
II. Correction of Boundary Description for the Powder River Basin
Area
On November 3, 1995, EPA promulgated revisions to the State of
Wyoming's PM-10 area designation table in 40 CFR 81.351 pursuant to the
State's adoption and EPA's approval of prevention of significant
deterioration (PSD) increments for PM-10 (see 60 FR 55800). In that
notice, EPA cited an earlier and incorrect boundary description for the
area designated as the ``Powder River Basin'' in Campbell and Converse
counties. EPA promulgated a revised boundary description for the Powder
River Basin area on September 12, 1995 (60 FR 47299), and that revised
boundary
[[Page 47059]]
should have been reflected in the November 3, 1995 rulemaking.
Therefore, this notice corrects the boundary description for the Powder
River Basin area to reflect the September 12, 1995 rulemaking.
III. Final Action
EPA is removing Sections 7, 11, and 16 of the WAQSR from the
approved Wyoming SIP pursuant to section 110(k)(6) of the Act. In
addition, EPA is correcting the boundary description for the Powder
River Basin PM-10 unclassifiable area in 40 CFR 81.351 to reflect the
boundary description promulgated for the area on September 12, 1995 (60
FR 47299).
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to correct the SIP should
adverse or critical comments be filed. Under the procedures established
in the May 10, 1994 Federal Register (59 FR 24054), this action will be
effective November 5, 1996, unless, by October 7, 1996, adverse or
critical comments are received.
If such comments are received, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on November 5, 1996.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to a SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
IV. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000. This action does not impose any new requirements.
Therefore, the Administrator certifies that this action will not have a
significant impact on a substantial number of small entities.
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that this correction action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action corrects this
state implementation plan, pursuant to section 110(k)(6) of the Act, by
removing three State rules that were erroneously incorporated into the
SIP. Thus, this action will impose no new requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
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 November 5, 1996. 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 must 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
40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: August 14, 1996.
Jack W. McGraw,
Acting Regional Administrator.
Title 40, chapter I of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart ZZ--Wyoming
2. A new Sec. 52.2634 is added to read as follows:
Sec. 52.2634 Correction of approved plan.
The following rules of the Wyoming Air Quality Standards and
Regulations have been removed from the approved plan pursuant to
section 110(k)(6) of the Clean Air Act (as amended in 1990): Section 7,
Hydrogen Sulfide; Section 11, Fluorides; and Section 16, Odors.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
[[Page 47060]]
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.351, the Wyoming PM-10 table is amended by revising
the entry for ``Powder River Basin'' to read as follows:
Sec. 81.351 Wyoming.
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Wyoming--PM-10
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Designation Classification
Designated area ---------------------------------------------------------------------
Date Type Date Type
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Campbell County (part).................... 11/15/90 Unclassifiable............ ...........
Converse County (part).
That area bounded by Township 40 through
52 North, and Ranges 69 through 73 West,
inclusive of the Sixth Principal
Meridian, Campbell and Converse Counties,
excluding the areas defined as the
Pacific Power and Light Area, the
Hampshire Energy Area, and the Kennecott/
Puron PSD Baseline Area.--Powder River
Basin.
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[FR Doc. 96-22645 Filed 9-5-96; 8:45 am]
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