[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Rules and Regulations]
[Pages 50840-50844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20225]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0006; FRL-9915-75-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Wyoming; Revisions to the Wyoming Air Quality Standards and 
Regulations; Ambient Standards for Particulate Matter and for Lead

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a State Implementation Plan (SIP) revision 
submitted by the State of Wyoming. The revision affects Wyoming's Air 
Quality Standards and Regulations (WAQSR) regarding ambient standards 
for particulate matter and for lead (Pb). This action is being taken 
under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective October 27, 2014 without further notice, 
unless EPA receives adverse comment by September 25, 2014. If adverse 
comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2013-0006, 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, EPA, Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Director, Air Program, EPA, Region 8, 
Mailcode 8P-AR, 1595 Wynkoop, 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-
2013-0006. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any

[[Page 50841]]

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 
http://www.regulations.gov or email. The http://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 http://www.regulations.gov, your email address will be 
automatically captured and included as part of the 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 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 http://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 http://www.regulations.gov or in hard copy at the Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop, 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: Steven Pratt, Air Program, EPA, Region 
8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 
312-6575, [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 initials CFR mean the Code of Federal Regulations.
    (iii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iv) The initials NAAQS mean National Ambient Air Quality Standard.
    (v) The initials PM2.5 mean or refer to particulate 
matter with an aerodynamic diameter of less than 2.5 micrometers (fine 
particulate matter).
    (vi) The initials PM10 mean or refer to particulate 
matter with an aerodynamic diameter of less than or equal to 10 
micrometers (coarse particulate matter).
    (vii) The initials Pb mean or refer to the heavy metal lead.
    (viii) The initials SIP mean or refer to State Implementation Plan.
    (ix) The initials WAQSR mean Wyoming Air Quality Standards and 
Regulations.
    (x) The words Wyoming and State mean the State of Wyoming.

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 
http://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:
    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.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Background of Wyoming's Submissions

    On August 19, 2011, the State of Wyoming submitted to EPA a formal 
revision package detailing two rulemakings (R-4 and R-18) as revisions 
to Wyoming's SIP. These revisions amend the WAQSR. In particular, 
Wyoming has revised chapter 2, ``Ambient Standards,'' section 2, 
``Ambient standards for particulate matter,'' section 10, ``Ambient 
standards for lead,'' and section 12, ``Incorporation by reference.''
    The Wyoming Environmental Quality Council made these changes by 
amending chapter 2, including sections 2, 10 and 12, via rulemakings R-
4 and R-18 on February 18, 2000, and July 8, 2010, respectively. In 
accordance with the Wyoming Administrative Procedures Act, the 
revisions were forwarded to the Wyoming Governor's Office where they 
were approved, and then transmitted to the Wyoming Secretary of State's 
office and became effective on March 30, 2000 and September 7, 2010, 
respectively. All necessary State reviews and approvals have been 
secured.
    In rulemaking R-4, section 2, the particulate matter ambient 
standards were amended to adopt the 24-hour and annual PM2.5 
standards into the State rule. Rulemaking R-18 made the State 
PM2.5 ambient standards consistent with federal standards, 
but no more stringent than federal standards, while deleting the annual 
PM10 standard and retaining the 24-hour ambient air quality 
standard for PM10. R-18 also amended section 10, the Pb 
ambient standard, making Wyoming's Pb ambient standard consistent with, 
but no more stringent than, the federal standard, and added section 12 
to consolidate all incorporation by references for the chapter into one 
section.

[[Page 50842]]

III. EPA's Evaluation of Wyoming's Submissions

    The SIP revisions in the August 19, 2011 submittal that we are 
acting on in this document involve chapter 2, ``Ambient Standards,'' 
section 2, ``Ambient standards for particulate matter,'' section 10, 
``Ambient standards for lead,'' and section 12, ``Incorporation by 
reference.'' To determine if Wyoming's submissions should be approved 
by EPA, EPA must evaluate the submissions for consistency with the CAA 
and EPA regulations.
    In rulemaking R-4, section 2, the particulate matter ambient 
standards were amended to adopt the annual and 24-hour PM2.5 
NAAQS into the State rule. This is consistent with the CAA as in 1997 
EPA established annual and 24-hour NAAQS for PM2.5 for the 
first time. This requirement has been part of WAQSR since its 
incorporation on February 18, 2000.
    In rulemaking R-18, section 2 was amended to make the State 
PM2.5 ambient standards consistent with federal standards, 
but no more stringent than federal standards. The section now sets the 
primary and secondary ambient air quality standards for 
PM2.5 at 15 micrograms per cubic meter (ug/m3) annual 
arithmetic mean concentration, and; 35 micrograms per cubic meter (ug/
m3)--98th percentile 24-hour average concentration. The change defines 
attainment of the annual and 24-hour standards in accordance with 
Appendix N of 40 CFR part 50. It further sets the measurement of 
PM2.5, for the purpose of determining attainment of the 
standards, as determined by a reference method based on 40 CFR part 50, 
Appendix L and designated in accordance with 40 CFR part 53 or an 
equivalent or alternate method designated in accordance with 40 CFR 
Part 53. The revision also retains the 24-hour PM10 ambient 
air standards for PM10 particulate matter at 150 micrograms 
per cubic meter 24-hour average concentration with not more than one 
expected exceedance per year, and defines attainment of the 24-hour 
standard as determined in accordance with Appendix K of 40 CFR part 50. 
These changes correlate with the requirements of 40 CFR parts 50 and 53 
as of the August 19, 2011 date of Wyoming's submittal. The State also 
removed the annual PM10 standard from their regulations. 
This is permissible as the EPA revoked the annual PM10 NAAQS 
in a 2006 rulemaking (71 FR 61224, October 17, 2006).
    In rulemaking R-18, section 2 was further amended to make the State 
Pb ambient standards consistent with federal standards, but no more 
stringent than federal standards. The section now sets the primary and 
secondary ambient air quality standards for Pb at 0.15 micrograms per 
cubic meter, arithmetic mean concentration over a 3-month period. It 
further defines the measurement of Pb in the ambient air as Pb either 
by: a reference method based on 40 CFR part 50, Appendix G and 
designated in accordance with 40 CFR part 53, or an equivalent method 
designated in accordance with 40 CFR part 53. The section now defines 
that primary and secondary ambient air quality standards for Pb are met 
when the maximum arithmetic 3-month mean concentration for a 3-year 
period, as determined in accordance with Appendix R of 40 CFR part 50, 
is less than or equal to 0.15 micrograms per cubic meter. These changes 
correlate with the requirements of 40 CFR parts 50 and 53 as of the 
August 19, 2011 date of Wyoming's submittal.
    Finally, in rulemaking R-18, Chapter 2 was amended by adding a new 
section 12 ``Incorporation by reference.'' This section was added to 
simply consolidate all adoption by reference for Chapter 2 in one 
place. It defines the CFRs cited in the chapter as those published as 
of July 1, 2008, and details where copies of the applicable CFRs can be 
found for public inspection and to obtain copies. These changes 
correlate with the requirements of 40 CFR parts 50 and 53 as of the 
August 19, 2011 date of Wyoming's submittal.
    EPA has reviewed Wyoming's rule amendments and additions analyzed 
above. These rules mirror applicable language in 40 CFR parts 50 and 
53. The changes quoted above provide the regulation necessary for the 
State to determine compliance with the CAA for PM2.5, 
PM10 and Pb NAAQS. Therefore, these WAQSR changes and 
additions are consistent with the CAA and EPA regulations. As a result, 
EPA is approving a SIP revision submitted by the State of Wyoming 
consisting of the above discussed applicable portions of rulemakings R-
4 and R-18 submitted on August 19, 2011 to EPA Region 8.

IV. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, EPA cannot approve a SIP revision 
if the revision would interfere with any applicable requirements 
concerning attainment and reasonable further progress toward attainment 
of the NAAQS or any other applicable requirement of the Act. In 
addition, section 110(l) requires that each revision to an 
implementation plan submitted by a state shall be adopted by such state 
after reasonable notice and public hearing.
    The Wyoming SIP revisions that EPA approves today do not interfere 
with attainment of the NAAQS or any other applicable requirement of the 
Act. The first revision (R-4) revises the WAQSR particulate matter 
ambient standard to adopt the annual and 24-hour PM2.5 
standards into the State rule. The second revision (R-18) makes the 
State annual and 24-hour PM2.5 and Pb ambient standards 
consistent with federal standards, but no more stringent than federal 
standards. This revision also adds a section that simply consolidates 
all adoption by reference for chapter 2 in one place. The revisions 
were adopted after reasonable public notice, and after public hearings 
held on February 17, 2000, and July 8, 2010, respectively. All 
necessary State reviews and approvals have been secured. Therefore, CAA 
section 110(l) requirements are satisfied.

V. Final Action

    EPA is approving SIP revisions that Wyoming submitted to EPA Region 
8 on August 19, 2011. The Environmental Quality Council of the Wyoming 
Department of Environmental Quality adopted revisions to Chapter 2, 
``Ambient Standards,'' Section 2,''Ambient standards for particulate 
matter,'' Section 10, ``Ambient standards for lead,'' and Section 12, 
``Incorporation by reference,'' of the WAQSR as revisions to the SIP.
    EPA is 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 October 27, 2014 without further 
notice unless we receive adverse comments by September 25, 2014. 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. Please note that if we receive adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, we may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

[[Page 50843]]

VI. Statutory and Executive Orders Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this 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 U.S.C. 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 U.S.C. 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 U.S.C. 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 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.
    The Congressional Review Act, 5 U.S.C. section 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. 
section 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 27, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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 organization compounds.

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

    Dated: August 5, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority for citation for part 52 continues to read as follows:

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

Subpart ZZ--Wyoming

0
2. In Sec.  52.2620, the table in paragraph (c)(1) is amended under 
Chapter 2 by revising the entries for Sections 2 and 10 and by adding 
an entry for Section 12 in numerical order to read as follows:


Sec.  52.2620  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

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                                                    State adopted and    EPA approval date
    State citation           Title/subject           effective date       and citation \1\       Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 2
----------------------------------------------------------------------------------------------------------------
Section 2............  Ambient standards for      2/18/2000, 7/8/2010   8/26/14, [Insert     ...................
                        particulate matter.        and 3/30/2000, 9/7/   Federal Register
                                                   2010.                 citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 10...........  Ambient standards for      7/8/2010, 9/7/2010..  8/26/14, [Insert     ...................
                        lead.                                            Federal Register
                                                                         citation].
Section 12...........  Incorporation by           7/8/2010, 9/7/2010..  8/26/14, [Insert     ...................
                        reference.                                       Federal Register
                                                                         citation].

[[Page 50844]]

 
 
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\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

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[FR Doc. 2014-20225 Filed 8-25-14; 8:45 am]
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