[Federal Register Volume 69, Number 90 (Monday, May 10, 2004)]
[Proposed Rules]
[Pages 25866-25869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10552]



[[Page 25866]]

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 gov. 
Follow the on-line instructions for submitting comments.
     E-mail: [email protected] and [email protected].
     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, [email protected].

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.

[[Page 25867]]

    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\
---------------------------------------------------------------------------

    \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).''
---------------------------------------------------------------------------

    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

[[Page 25868]]

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
------------------------------------------------------------------------
                                    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.
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.
------------------------------------------------------------------------

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.

[[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. 04-10552 Filed 5-7-04; 8:45 am]
BILLING CODE 6560-50-P