[Federal Register Volume 64, Number 96 (Wednesday, May 19, 1999)]
[Rules and Regulations]
[Pages 27179-27182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12582]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WY-001-0002a and WY-001-0003a; FRL-6344-2]


Approval and Promulgation of State Implementation Plans; Wyoming

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA approves two revisions to the Wyoming State Implementation 
Plan (SIP) regarding particulate matter. The SIP revisions include 
clarification and revisions to the particulate matter control 
requirements in section 25 of the Wyoming Air Quality Standards and 
Regulations (WAQSR) for the FMC Corporation Trona plant in the Trona 
Industrial Area of Wyoming, and the addition of guidelines for best 
available control technology (BACT) in the minor source construction 
permitting requirements of section 21 of the WAQSR for large mining 
operations. The State submitted these SIP revisions to EPA for approval 
on September 15, 1982 and on May 16, 1985, respectively. We approve 
these SIP revisions because they are consistent with Federal 
requirements.
    We also revise 40 CFR 52.2620 to list subsections 21(a)(iv), 
24(a)(xix), 24(b)(iv), and 24(b)(xii)(H) of the WAQSR in the 
``Incorporation by reference'' section. We approved these subsections 
in previous SIP approvals (on November 29, 1994 and on November 3, 
1995, respectively) but we inadvertently neglected to identify those 
subsections as incorporated into the SIP in the CFR.

DATES: This rule is effective on July 19, 1999 without further notice, 
unless we receive adverse comment by June 18, 1999. If we receive 
adverse comments, we will publish a timely withdrawal of the direct 
final rule in the Federal Register and inform the public that the rule 
will not take effect.

ADDRESSES: You should mail your written comments to Richard R. Long, 
Director, Air and Radiation Program, Mailcode 8P-AR, Environmental 
Protection Agency (EPA), Region VIII, 999 18th Street, Suite 500, 
Denver, Colorado, 80202. Copies of the documents relative to this 
action are available for inspection during normal business hours at the 
Air and Radiation Program, Environmental Protection Agency, Region 
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466. Copies 
of the Incorporation by Reference material are available at the Air and 
Radiation Docket and Information Center, Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460. Copies of the State 
documents relevant to this action are available for public inspection 
at the Department of Environmental Quality, 122 West 25th Street, 
Cheyenne, Wyoming 82002.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, EPA Region VIII, (303) 
312-6445.

SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking Today?

    We approve two revisions to the Wyoming SIP pertaining to 
particulate matter. Specifically, we approve the following: (A) 
clarification and revisions to the particulate matter control 
requirements for the FMC Corporation in the Trona Industrial Area of 
Sweetwater County, Wyoming; and (B)

[[Page 27180]]

the addition of specific BACT guidelines in the State's minor source 
construction permitting requirements for controlling particulate matter 
from large mining operations. The State submitted these SIP revisions 
on September 15, 1982 and on May 16, 1985, respectively.
    We also revise 40 CFR 52.2620 to list in the ``Incorporation by 
reference'' section various subsections of the WAQSR that we approved 
in past actions but inadvertently did not list in the CFR, as follows:
    (A) Subsection 21(a)(iv) of the WAQSR, that was part of the State's 
November 12, 1993 SIP submittal approved by EPA on November 29, 1994 
(59 FR 60905) at 40 CFR 52.2620(c)(25); and
    (B) Subsections 24(a)(xix), 24(b)(iv), and 24(b)(xii)(H), that were 
part of the State's March 14, 1995 SIP submittal approved by EPA on 
November 3, 1995 (60 FR 55798) at 40 CFR 52.2620(c)(26).
    We are publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the ``Proposed Rules'' section of today's Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if adverse comments 
are filed. This rule will be effective July 19, 1999 without further 
notice unless we receive adverse comments by June 18, 1999. If we 
receive adverse comments, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

II. What Changes Were Made to the Wyoming SIP?

A. Changes to the Requirements for FMC Corporation

    The State revised the particulate matter control requirements for 
the FMC Corporation in section 25c.(2) of the WAQSR. The FMC 
Corporation owns and operates a trona plant in the Trona Industrial 
Area, which had previously been designated as a nonattainment area 
under EPA's former national ambient air quality standards (NAAQS) for 
total suspended particulate matter (TSP). In the September 15, 1982 SIP 
submittal, the State clarified the fugitive dust requirements that 
apply to FMC's coal stockpile to identify the specific measures being 
implemented by FMC. In addition, the State revised the fugitive dust 
control requirements for the loadout facilities to not include the 
sesqui loadout facility, because the State found that controls at the 
sesqui loadout facility were not necessary to attain the TSP NAAQS.

B. Addition of Specific BACT Measures for Large Mining Operations

    In its May 16, 1985 SIP submittal, the State added guidelines on 
BACT for large mining operations to its minor source construction 
permitting requirements. These provisions were added to section 21c.(5) 
of the WAQSR. The guidelines control fugitive particulate emissions 
from access and haul roads and stockpiles. Section 21c.(5) lists the 
measures that will normally be required, although the BACT 
determination is not limited to those measures. Note that the State 
imposes a separate BACT requirement to new or modified major stationary 
sources under the State's prevention of significant deterioration (PSD) 
permitting program in section 24 of the WAQSR. If a large mining 
operation is subject to PSD permitting as a new or modified major 
stationary source, then it will have to meet BACT as defined in the PSD 
regulations and EPA policy, considering the controls that are currently 
available.

III. Why Is EPA Approving the SIP Revisions?

    We approve the revisions to section 25 of the WAQSR regarding FMC 
Corporation because the revisions are consistent with Federal 
requirements regarding attainment and maintenance of the NAAQS. The 
requirements for the coal stockpile are more clearly defined in the 
revised section 25, which strengthens the enforceability of the rule. 
The State's SIP submittal also included documentation to show that 
fugitive particulate controls were not needed at the sesqui loadout 
facility to attain the TSP NAAQS.1 FMC Corporation has three 
PM-10 monitors on-site, and none have recorded a violation of the PM-10 
NAAQS.
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    \1\ EPA replaced the TSP NAAQS with a NAAQS for PM-10 
(particulate matter with an aerodynamic diameter of less than 10 
microns) on July 1, 1987 (see 52 FR 24634). EPA subsequently revised 
the PM-10 NAAQS and added a NAAQS for particulate matter with an 
aerodynamic diameter of less than 2.5 microns on July 18, 1997 (see 
62 FR 38652).
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    We approve the revisions to section 21 of the WAQSR because these 
revisions help to reduce particulate emissions from large mining 
operations by applying the State's BACT requirements, thus furthering 
the goals of protecting the particulate matter NAAQS.
    We also find that the State met the applicable public participation 
requirements of the Clean Air Act by providing at least thirty days 
notice to the public prior to the public hearings on these rule 
changes, which were held on December 7, 1981 for the changes to section 
25 of the WAQSR and on January 23-24, 1984 for the changes to section 
21 of the WAQSR.

IV. What Are the Administrative Requirements Associated With This 
Action?

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 12875: Enhancing the Intergovernmental Partnership

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a state, local, 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of state, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's rule does not create a mandate on State, local, or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of Executive 
Order 12875 do not apply to this rule.

C. Executive Order 13045

    Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to 
any rule that: (1) is determined to be ``economically significant'' as 
defined under E.O.

[[Page 27181]]

12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency. This rule is not subject to Executive Order 13045 
because it does not involve decisions intended to mitigate 
environmental health or safety risks.

D. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to provide to the Office of Management and Budget, 
in a separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' Today's rule 
does not significantly or uniquely affect the communities of Indian 
tribal governments. Accordingly, the requirements of section 3(b) of 
Executive Order 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 of the Clean Air Act do not create any new requirements but 
simply approve requirements that the State is already imposing. 
Therefore, because the Federal SIP approval does not create any new 
requirements, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. Moreover, 
due to the nature of the Federal-State relationship under the Clean Air 
Act, preparation of flexibility analysis would constitute Federal 
inquiry into the economic reasonableness of state action. The Clean Air 
Act forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 
7410(a)(2).

F. 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 
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 the approval 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 approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    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 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

H. 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 July 19, 1999. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: May 7, 1999.
Jack McGraw,
Acting Regional Administrator, Region VIII.

    40 CFR part 52 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 et seq.

Subpart ZZ--Wyoming

    2. Section 52.2620 is amended by adding paragraph (c)(27) to read 
as follows:


Sec. 52.2620  Identification of plan.

* * * * *
    (c) * * *
    (27) On September 15, 1982, the Administrator of the Wyoming Air 
Quality Division submitted clarifications and revisions to the 
particulate matter control requirements of Section 25 of the Wyoming 
Air Quality Standards and Regulations (WAQSR) for FMC Corporation in 
the Trona Industrial Area. In addition, on May 16, 1985, the 
Administrator of the Wyoming Air Quality Division submitted revisions 
to the construction

[[Page 27182]]

permitting requirements in Section 21 of the WAQSR to specify 
guidelines for best available control technology for new large mining 
operations. The Governor of Wyoming submitted revisions to Section 21 
of the WAQSR, ``Permit requirements for construction, modification, and 
operation,'' on November 12, 1993. Last, the Governor of Wyoming 
submitted revisions to Section 24 of the WAQSR, ``Prevention of 
Significant Deterioration,'' on March 14, 1995.
    (i) Incorporation by reference.
    (A) Revisions to Section 25 of the WAQSR, ``Sweetwater County Non-
Attainment Area Particulate Matter Regulations,'' subsection c.(2), 
effective September 13, 1982.
    (B) Revisions to Section 21 of the WAQSR, ``Permit requirements for 
construction, modification, and operation,'' subsection c.(5), 
effective May 10, 1985.
    (C) Revisions to Section 21 of the WAQSR, ``Permit requirements for 
construction, modification, and operation,'' subsection (a)(iv), 
effective October 26, 1993.
    (D) Revisions to Section 24 of the WAQSR, ``Prevention of 
Significant Deterioration,'' subsections (a)(xix), (b)(iv), and 
(b)(xii)(H), effective February 13, 1995.

[FR Doc. 99-12582 Filed 5-18-99; 8:45 am]
BILLING CODE 6560-50-P