[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Rules and Regulations]
[Pages 54910-54913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21573]



[[Page 54910]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0659; FRL-9916-43-Region-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Wyoming; Revisions to the Wyoming Air Quality Standards and 
Regulations; Ambient Standards for Nitrogen Oxides and for Ozone

AGENCY: Environmental Protection Agency.

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 nitrogen oxides (NOX) and for ozone. This action is 
being taken under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective November 14, 2014 without further notice, 
unless EPA receives adverse comment by October 15, 2014. If adverse 
comments are 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-2011-0659, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-Mail: [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-
2011-0659. 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 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 NOX mean or refer to oxides of 
nitrogen (NO, NO2, NO3).
    (vi) The initials ppb mean or refer to parts per billion.
    (vii) The initials ppm mean or refer to parts per million.
    (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.

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    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 January 30, 2013 the State of Wyoming submitted to EPA a formal 
revision package detailing portions of rulemaking R-20 as revisions to 
Wyoming's SIP. These revisions amend the WAQSR. In particular, Wyoming 
has revised Chapter 2, ``Ambient Standards,'' section 3, ``Ambient 
standards for nitrogen oxides,'' section 6, ``Ambient standards for 
ozone,'' and section 12, ``Incorporation by reference.''
    The Wyoming Environmental Quality Council made these changes by 
amending WASQR Chapter 2, including sections 3, 6 and 12, via 
rulemaking R-20 on October 5, 2012. 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 December 19, 2012. All necessary State reviews and 
approvals have been secured.
    Chapter 2, section 3, the nitrogen oxides ambient standard, was 
revised to make the State nitrogen oxides standard consistent with the 
federal regulations, but no more stringent than federal standards. 
Chapter 2, section 6, the ozone ambient standard, was revised to make 
the State ozone standard consistent with the federal regulations, but 
no more stringent than federal standards. Section 12 of Chapter 2, 
``Incorporation by reference,'' was revised to adopt by reference Part 
50--National Primary and Secondary Ambient Air Quality Standards, from 
the Code of Federal Regulations (CFR) revised as of July 1, 2011.

III. EPA's Evaluation of Wyoming's Submissions

    The SIP revisions in the January 30, 2013 submittal that we are 
acting on in this document involve the WASQR Chapter 2, ``Ambient 
Standards,'' section 3, ``Ambient standards for nitrogen oxides,'' 
section 6, ``Ambient standards for ozone,'' 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.
    Chapter 2, section 3, the nitrogen oxides ambient standard, was 
amended to make the State nitrogen oxides ambient standards consistent 
with federal standards, but no more stringent than federal standards. 
The section now sets the level of the primary annual ambient air 
quality standard for oxides of nitrogen as: 53 Parts per billion (ppb), 
annual average concentration, measured in the ambient air as nitrogen 
dioxide; the level of the primary 1-hour ambient air quality standard 
for oxides of nitrogen as 100 ppb, 1-hour average concentration, 
measured in the ambient air as nitrogen dioxide; and, the level of the 
secondary ambient air quality standard for nitrogen dioxide as 0.053 
parts per million (ppm), annual arithmetic mean concentration. The 
change defines that the levels of the standards are measured by: A 
reference method based on 40 CFR part 50, Appendix F; or, a federal 
equivalent method designated in accordance with 40 CFR part 53. The 
revision defines that the annual primary standard is met when the 
annual average concentration in a calendar year is less than or equal 
to 53 ppb, as determined in accordance with Appendix S of 40 CFR part 
50 for the annual standard, and that the 1-hour primary standard is met 
when the three-year average of the annual 98th percentile of the daily 
maximum 1-hour average concentration is less than or equal to 100 ppb, 
as determined in accordance with Appendix S of 40 CFR part 50 for the 
1-hour standard. Further, the revision details that the secondary 
standard is attained when the annual arithmetic mean concentration in a 
calendar year is less than or equal to 0.053 ppm, rounded to three 
decimal places, and finally that to demonstrate attainment, an annual 
mean must be based upon hourly data that are at least 75 percent 
complete or upon data derived from manual methods that are at least 75 
percent complete for the scheduled sampling days in each calendar 
quarter. These revisions correlate with 40 CFR 50.11(a) through (g), 
bringing the applicable portions of the WASQR in compliance with the 
requirements of 40 CFR part 50 as of the January 30, 2013 date of 
Wyoming's submittal.
    Also in the rulemaking, Chapter 2, section 6 was revised to make 
the State ozone standards consistent with federal standards, but no 
more stringent than federal standards. The section now sets the level 
of the 8-hour primary and secondary ambient air quality standards for 
ozone as 0.075 ppm daily maximum 8-hour average, measured by a 
reference method based on Appendix D to 40 CFR part 50 and designated 
in accordance with 40 CFR part 53 or an equivalent method designated in 
accordance with 40 CFR part 53. It also defines that the 8-hour primary 
and secondary standard ozone ambient air quality standards are met at 
an ambient air quality monitoring site when the 3-year average of the 
annual fourth-highest daily maximum 8-hour average ozone concentration 
is less than or equal to 0.075 ppm, as determined in accordance with 40 
CFR part 50, Appendix P. These revisions correlate with 40 CFR 50.15(a) 
and (b), bringing the applicable portions of the WASQR in compliance 
with the requirements of 40 CFR part 50 as of the January 30, 2013 date 
of Wyoming's submittal.
    Finally, in rulemaking R-20, Chapter 2, section 12 ``Incorporation 
by reference'' was revised to adopt by reference from the CFR for July 
1, 2011. These changes correlate with the applicable requirements of 40 
CFR part 50 as of the January 30, 2013 date of Wyoming's submittal.
    EPA has reviewed Wyoming's rule amendments and additions analyzed 
above. The rules mirror applicable language in 40 CFR part 50. The 
changes quoted above provide the regulation necessary for the State to 
determine compliance with the CAA for the nitrogen oxides and ozone 
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 rulemaking R-20 submitted on January 
30, 2013 to EPA.

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 in this rulemaking do 
not

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interfere with attainment of the NAAQS or any other applicable 
requirement of the Act. The applicable portions of Wyoming's rulemaking 
R-20 simply makes the State nitrogen oxides and ozone ambient standards 
consistent with federal standards, but no more stringent than federal 
standards, and adopts by reference as appropriate from the CFR for July 
1, 2011. The revisions were adopted after reasonable public notice, and 
after a public hearing held on October 5, 2012. 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 on 
January 30, 2013. The Environmental Quality Council of the Wyoming 
Department of Environmental Quality adopted revisions to Chapter 2, 
``Ambient Standards,'' section 3, ``Ambient standards for nitrogen 
oxides,'' section 6, ``Ambient standards for ozone,'' 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 this 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 November 14, 2014 without 
further notice unless we receive adverse comments by October 15, 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 comments 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.

VI. Statutory and Executive Orders Review

    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 November 14, 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 CAA 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 25, 2014.
Debra H. Thomas,
Acting 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 3 and 6

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and section 12, as added at 79 FR 50840, August 26, 2014, and effective 
October 27, 2014, to read as follows:


Sec.  52.2620  Identification of plan.

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

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                                                                     State adopted
           State citation                     Title/subject          and effective    EPA approval date and citation              Explanations
                                                                         date                      \1\
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                                                                      * * * * * * *
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                                                                        Chapter 2
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Section 3...........................  Ambient standards for             10/5/2012,  09/15/2014,                        .................................
                                       nitrogen oxides..                12/19/2012  [insert Federal Register
                                                                                     citation]
 
                                                                      * * * * * * *
Section 6...........................  Ambient standards for ozone.      10/5/2012,  09/15/2014,                        .................................
                                                                        12/19/2012  [insert Federal Register
                                                                                     citation]
 
                                                                      * * * * * * *
Section 12..........................  Incorporation by reference..      10/5/2012,  09/15/2014,                        .................................
                                                                        12/19/2012  [insert Federal Register
                                                                                     citation]
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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. 2014-21573 Filed 9-12-14; 8:45 am]
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