[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Proposed Rules]
[Pages 41509-41511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16740]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0183; FRL-9913-72-Region 8]


Approval and Promulgation of Implementation Plans; Wyoming; 
Revisions to the Air Quality Standards and Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve changes to Wyoming's State 
Implementation Plan (SIP). On February 10, 2014, the Wyoming Department 
of Environmental Quality (WDEQ) submitted to EPA revisions to the 
Wyoming SIP. These revisions included edits to Wyoming Air Quality 
Standards and Regulations (WAQSR) Chapter 3, section 2(d). In this 
action, EPA is proposing to approve the revisions of this provision 
into the SIP because the revisions are consistent with Clean Air Act 
(CAA) requirements. The revisions will correct certain deficiencies 
related to the correct treatment of excess emissions from sources. EPA 
will address the remaining revisions from Wyoming's February 10, 2014 
submission in separate actions.

DATES: Comments must be received on or before August 15, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2014-0183, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection 
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. Such deliveries are only accepted 
Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2014-0183. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, 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 www.regulations.gov or email. The 
www.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 email comment 
directly to EPA, without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the

[[Page 41510]]

comment that is placed in the public docket and made available on the 
Internet. 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 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm. For additional 
instructions on submitting comments, go to Section I. General 
Information of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy of the docket. You may view the hard copy 
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Adam Clark, U.S. Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, (303) 312-7104, [email protected].

SUPPLEMENTARY INFORMATION: 

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 IBR mean or refer to incorporation by 
reference.
    (iv) The initials SIP mean or refer to state implementation 
plan.
    (v) The initials SSM mean or refer to startup, shutdown, and 
malfunction.
    (vi) The words State or Wyoming mean the State of Wyoming, 
unless the context indicates otherwise.
    (vii) The initials WAQSR mean or refer to the Wyoming Air 
Quality Standards and Regulations.
    (viii) The initials WDEQ mean or refer to the Wyoming Department 
of Environmental Quality.

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit this information to EPA through www.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 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:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register, date, and 
page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your 
requested changes;
     Describe any assumptions and provide any technical 
information and/or data that you used;
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced;
     Provide specific examples to illustrate your concerns, and 
suggest alternatives;
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats; and
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    In accordance with the requirements of CAA section 110(a)(2)(A), 
SIPs must contain enforceable emission limitations and, in accordance 
with the definition of ``emission limitations'' in CAA section 302(k), 
such emission limitations must be continuous. In addition, under CAA 
section 304(a), any person may bring a civil action against any person 
alleged to have violated (if there is evidence that the alleged 
violation has been repeated) or to be in violation of an ``emission 
standard or limitation'' under the CAA. For the purposes of section 
304, ``emission standard or limitation'' is defined in section 304(f) 
and includes SIP emission limitations. Thus, SIP emissions limitations 
can be enforced in a section 304 action and so must be capable of 
enforcement. SIP provisions that create exemptions such that excess 
emissions during startup, shutdown, malfunctions (SSM) and other 
conditions are not violations of the applicable emission limitations 
are inconsistent with these fundamental requirements of the CAA with 
respect to emission limitations in SIPs.
    WAQSR Chapter 3, section 2(d) created an exemption for particulate 
matter emissions in excess of a 30 percent opacity standard from diesel 
engines during startup, malfunction, and maintenance. Because this 
provision allowed exemptions from the otherwise applicable SIP emission 
limit, it was inconsistent with CAA requirements.
    On June 30, 2011, the Sierra Club filed with the EPA Administrator 
a petition for rulemaking concerning states' treatment of excess 
emissions from sources during SSM events (the Petition).\1\ In the 
Petition, the Sierra Club identified existing SIP provisions in 39 
states that the Sierra Club considered inconsistent with the CAA, 
including one provision in the Wyoming SIP. Specifically, the Sierra 
Club argued that WAQSR Chapter 3, ``General Emission Standards,'' 
section 2, ``Emission standards for particulate matter,'' subsection 
(d) ``is contrary to EPA policy for source category specific rules for 
startup and shutdown.'' \2\
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    \1\ The Petition is available to view in the docket for this 
action.
    \2\ Id. at 74.
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    On February 22, 2013, EPA published a proposed rulemaking in which 
(among other things) we proposed to grant the Petition as it pertained 
to WAQSR Chapter 3, section 2(d). 78 FR 12460, 12533. We concurred with 
Sierra Club's assertion that this provision is inconsistent with the 
requirements of the CAA. For this reason, we proposed to find that 
WAQSR Chapter 3, section 2(d) is substantially inadequate to meet CAA 
requirements, and concurrently

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proposed to issue a SIP call for this provision.
    On February 10, 2014, WDEQ submitted to EPA SIP revisions that 
included the removal of the problematic language in WAQSR Chapter 3, 
section 2(d), as well as updates to the State's incorporation by 
reference (IBR) of federal regulations. The State's IBR updates will be 
acted upon in a separate rulemaking.

III. Wyoming Revisions and EPA Analysis

    Under CAA section 107, states have the primary authority and 
responsibility to develop and implement SIPs that provide for 
attainment, maintenance, and enforcement of the National Ambient Air 
Quality Standards and meet other CAA requirements. Pursuant to CAA 
section 110(k), EPA has the authority and responsibility to review 
state SIP submissions to assure that they meet all applicable 
requirements. CAA section 110(l) prohibits EPA from approving a SIP 
revision that (among other things) would interfere with any applicable 
requirement of the CAA. In this instance, the State has elected to 
revise its existing SIP by editing a previously approved provision that 
created exemptions from otherwise applicable emission limitations in 
the SIP.
    The State made two edits to WAQSR Chapter 3, section 2(d). Notably, 
the sentence that read ``This limitation shall not apply during a 
reasonable period of warmup following a cold start or where undergoing 
repairs and adjustment following malfunction'' was struck from the 
provision.
    We consider this change sufficient to correct the provision's 
inadequacy and to meet the requirements of the CAA.\3\ As a result of 
the removal of the problematic language from WAQSR Chapter 3, section 
2(d), the improper exemptions from the emissions limitation contained 
within this provision will no longer be available to sources. EPA's 
proposed approval is also consistent with CAA section 110(l) because 
approval will not interfere with any applicable requirement of the CAA. 
Specifically, removal of the exemptions will not relax the existing 
emission limitation in the SIP and will in fact be more protective. 
Furthermore, this revision will render the revised emissions limitation 
consistent with the requirements of the CAA for SIP provisions by 
making it continuously applicable and more enforceable. Therefore, we 
are proposing to approve the removal of this language from the 
provision.\4\
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    \3\ For a more in-depth discussion on the inadequacy of WAQSR 
Chapter 3, section 2(d), see our proposed SIP call at 78 FR 12533, 
February 22, 2013.
    \4\ We note that if we finalize our proposed approval of this 
revision to the Wyoming SIP, it will have the effect of mooting our 
proposed SIP call regarding this provision.
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    Wyoming also added language to WAQSR Chapter 3, section 2(d) 
clarifying that the provision applies to both stationary and portable 
diesel engines. EPA finds no issue with this clarifying language and 
therefore proposes to approve this change as well.

IV. EPA's Proposed Action

    We are proposing to approve the revisions to WAQSR Chapter 3, 
section 2(d) of the Wyoming SIP, as reflected in the State's February 
10, 2014 submission.

V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 USC 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 USC 601 et seq.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an 
economically significant regulatory action based on health or safety 
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 USC 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 24, 2014.
Shaun L. McGrath,
Regional Administrator.
[FR Doc. 2014-16740 Filed 7-15-14; 8:45 am]
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