[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Rules and Regulations]
[Pages 44965-44967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17167]


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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, 
[email protected].

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

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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