Approval and Promulgation of Air Quality Implementation Plans; Wyoming; Revisions to New Source Review Rules, 40750-40752 [E8-16126]
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40750
Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 15,
2008. 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. 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 27, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart O—Illinois
2. Section 52.720 is amended by
adding paragraph (c)(181) to read as
follows:
I
Identification of plan.
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*
*
*
*
*
(c) * * *
(181) On August 17, 2005 and January
29, 2008, Illinois submitted revised
regulations that are consistent with 40
CFR 51.100(s)(1), as amended by 69 FR
69298. The compounds 1,1,1,2,2,3,3heptafluoro-3-methoxypropane (nC3F7OCH3), 3-ethoxy
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2(trifluoromethyl)hexane (HFE-7500),
1,1,1,2,3,3,3-heptafluoropropane (HFC227ea), and methyl formate were added
to the list of negligibly reactive
compounds excluded from the
definition of VOM in 35 IAC
211.7150(a). Tertiary-butyl acetate is
also listed in 35 IAC 211.7150(a) with a
notation that it must also meet the
requirements of 35 IAC 211.7150(e),
which state that tertiary-butyl acetate is
considered a VOC for recordkeeping,
emissions reporting, modeling, and
inventory requirements, but is not
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[FR Doc. E8–15815 Filed 7–15–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2007–0645; FRL–8692–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Wyoming; Revisions to New Source
Review Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code
of Federal Regulations is amended as
follows:
I
§ 52.720
considered a VOC for emission limits or
content requirements.
(i) Incorporation by reference.
(A) Illinois Administrative Code Title
35: Environmental Protection, Part 211:
Definitions and General Provisions,
Subpart B: Definitions, Section
211.7150: Volatile Organic Matter
(VOM) or Volatile Organic Compound
(VOC), Subsections 211.7150(a) and
211.7150(e). Effective January 16, 2008.
EPA is approving the State
Implementation Plan (SIP) revisions
submitted by the State of Wyoming on
December 13, 2006. The proposed
revisions modify the State’s Prevention
of Significant Deterioration (PSD)
regulations to address changes to the
federal NSR regulations promulgated by
EPA on December 31, 2002, and
reconsidered with minor changes on
November 7, 2003. The State of
Wyoming has a federally-approved PSD
program for new and modified sources
impacting attainment areas in the State.
Wyoming does not have a
Nonattainment New Source Review
(NNSR) program. This action is being
taken under section 110 of the Clean Air
Act.
DATES: Effective Date: This final rule is
effective August 15, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2007–0645. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov, or in hard
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copy at the Air Program, 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 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Domenico Mastrangelo, Air Program,
U.S. Environmental Protection Agency,
Region 8, Mailcode 8P–A, 1595
Wynkoop Street, Denver, Colorado
80202, (303) 312–6416,
mastrangelo.domenico@epa.gov.
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 SIP mean or refer to
State Implementation Plan.
(iv) The words State or Wyoming
mean the State of Wyoming unless the
context indicates otherwise.
Table of Contents
I. What Action Is EPA Taking?
II. Background
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking final action to approve
revisions to the State of Wyoming SIP
regarding the Wyoming PSD program.
On April 1, 2008 (73 FR 17289), EPA
published an action of proposed
rulemaking to approve Wyoming’s
revisions to their Prevention of
Significant Deterioration regulations,
Chapter 6, Section 4 of the Wyoming Air
Quality Standards and Regulations
(WAQS&R). The formal SIP revision was
submitted to EPA by the State of
Wyoming on December 13, 2006. EPA’s
proposed rule action published April 1,
2008 (73 FR 17289) provides more
detailed information about the
Wyoming SIP revisions being approved
today. The public comment period for
the proposed action ended on May 1,
2008. No comments, adverse or
otherwise, were received on EPA’s
proposed action.
II. Background
On December 31, 2002, EPA
published revisions to the Federal PSD
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and non-attainment NSR regulations in
40 Code of Federal Regulations (CFR)
Parts 51 and 52 (67 FR 80186). This
action was reconsidered with minor
changes on November 7, 2003 (68 FR
63021). Collectively, these two final
actions are referred to as the ‘‘NSR
Reform’’ regulations and became
effective nationally in areas not covered
by a SIP on March 3, 2003. These
regulatory revisions included provisions
for baseline emissions determinations,
actual-to-future-actual methodology,
plantwide applicability limits (PALs),
Clean Units, and Pollution Control
Projects (PCPs). As stated in the
December 31, 2002 rulemaking, State
and local permitting agencies must
adopt and submit revisions to their part
51 permitting programs implementing
the minimum program elements (67 FR
80240). With the December 13, 2006
submittal, Wyoming requested approval
of program revisions into the State SIP
that satisfy this requirement.
In the November 7, 2003
reconsideration noted earlier, EPA
clarified two provisions in the
regulations by including a definition of
‘‘replacement unit’’ and by clarifying
that the PALs baseline calculation
procedures for newly constructed units
do not apply to modified units (68 FR
63021).
On October 27, 2003 EPA published
a rulemaking action related to, but not
part of, the 2002 NSR Reform. EPA
published the Routine Equipment
Replacement Provision (ERP)
amendments (68 FR 61248) which
specified at 40 CFR 51.166(b)(2)(iii)(a)
the criteria for the routine replacement
of equipment.
On December 24, 2003, the United
States Court of Appeals for the District
of Columbia Circuit, on challenges to
the October 27, 2003 EPA rulemaking,
stayed EPA’s final Routine Equipment
Replacement Provision, State of New
York v. EPA, No. 03–1380. On March
17, 2006, the same Court vacated these
provisions. On June 24, 2005, the same
Appeals Court issued a ruling on
challenges to the December 2002 NSR
Reform revisions, State of New York et
al. v. EPA, 413 F.3d 3 (D.C. Cir. 2005).
Although the Court upheld most of
EPA’s rules, it vacated both the Clean
Unit (CU) and the PCP provisions and
remanded back to EPA the
recordkeeping provisions at 40 CFR
52.21(r)(6) that required a stationary
source to keep records of projects when
there was a ‘‘reasonable possibility’’ that
the project could result in a significant
emissions increase.
EPA brought its NSR Reform
regulations in conformity with the
Court’s June 24, 2005 ruling in final
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rulemakings published on June 13 and
December 21, 2007 (72 FR 32526, 72 FR
32526). In these actions, EPA removed
from the Code of Federal Regulations
(CFR) the PCP and CU provisions
contained in sections 40 CFR 51.165,
51.166, and 52.21(72 FR 32526), and
identified the criteria triggering the
‘‘reasonable possibility’’ recordkeeping
and reporting standard (72 FR 72607).
The revised Chapter 6, Section 4 of
the WAQS&R submitted to EPA on
December 13, 2006, consistent with the
Court rulings noted above, does not
include the vacated Clean Unit, PCP,
and ERP provisions. As for the
‘‘reasonable possibility’’ phrase, the
Wyoming revised PSD provisions
included recordkeeping requirements
omitting the ‘‘reasonable possibility’’
language objected to by the Court. This
omission makes the Wyoming
recordkeeping requirements, set at
Chapter 6, Section 4(b)(i)(H)(I), more
stringent than the equivalent EPA
provisions in the 2002 NSR Reform
rules, and therefore approvable. To
make the State NSR SIP provisions we
are approving consistent with the EPA
December 21, 2007 rulemaking on the
‘‘reasonable possibility’’ recordkeeping
and reporting standard (72 FR 72607),
the State of Wyoming needs to submit
a notice to EPA within 3 years to
acknowledge that their regulations
fulfill these requirements.
The Wyoming PSD revisions do not
address the definition of ‘‘replacement
unit’’ approved by EPA in the November
7, 2003 reconsideration of the 2002 NSR
Reform. This omission was based on the
State’s understanding that the NSR
Reform Rules contained ‘‘replacement
unit’’ references only within the PCPs
and CU provisions that Wyoming, as
noted above, has not adopted. As the
State realized that both its revised and
its EPA-approved NSR SIPs include a
reference to ‘‘replacement unit’’ in their
definition of ‘‘Net emission increase’’ at
Chapter 6, Section 4(a)(viii), the State
addressed this issue to the satisfaction
of EPA. In an exchange of e-mails with
EPA on August 13 and September 5,
2007 (included as part of the docket for
this action), the State of Wyoming
indicated its agreement with EPA’s
interpretation of the definition of
‘‘replacement unit’’ detailed in the EPA
‘‘Technical Support Document (TSD) for
the Prevention of Significant
Deterioration (PSD) and Nonattainment
Area New Source Review (NSR):
Reconsideration.’’ As a result, EPA
concluded that the omission of this
definition from Chapter 6, Section 4 of
Wyoming regulations is approvable, but
also recommends that the State of
Wyoming make these provisions
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40751
formally consistent with the Federal
language by adopting the definition of
‘‘replacement unit’’ in a future
rulemaking.
III. Final Action
EPA is taking final action to approve
Wyoming’s revisions to their Wyoming
Air Quality Standards and Regulations,
Chapter 6, Section 4, Prevention of
Significant Deterioration, submitted to
EPA by the State of Wyoming on
December 13, 2006. These revisions to
Chapter 6, Section 4 were adopted by
the Wyoming Environmental Quality
Council (EQC) on July 27, 2006,
effective October 6, 2006, and supersede
and replace the EPA-approved Chapter
6, Section 4 of the WAQS&R rules.
IV. Statutory and Executive Order
Review
Under the Clean Air Act, 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 Clean Air Act.
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
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Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
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. 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
State citation
*
report containing this action 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 15,
2008. 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. 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,
*
*
*
Authority: 42 U.S.C. 7401 et seq.
Dated: June 30, 2008.
Judith Wong,
Acting Deputy Regional Administrator,
Region 8.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ—Wyoming
2. In § 52.2620, the table in paragraph
(c)(1) is amended under Chapter 6 by
revising the entry for Section 4 to read
as follows:
I
§ 52.2620
*
State adopted and
effective date
Title/Subject
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Identification of plan.
*
*
(c) * * *
(1) * * *
*
*
EPA approval date and citation 1
*
*
Explanations
*
Chapter 6
*
*
Section 4 ......................................
*
*
*
Prevention of significant deterioration.
*
*
*
7/27/06, 10/6/06
*
*
7/16/08. [insert FR page number
where document begins].
*
*
*
*
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.
[FR Doc. E8–16126 Filed 7–15–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
dwashington3 on PRODPC61 with RULES
[Docket No. EPA–R02–OAR–2008–0004;
FRL–8576–6]
Approval and Promulgation of
Implementation Plans; Reasonably
Available Control Technology for
Oxides of Nitrogen for a Specific
Source in the State of New Jersey
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
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SUMMARY: The Environmental Protection
Agency (EPA) is announcing approval of
a revision to the State Implementation
Plan (SIP) for ozone submitted by the
State of New Jersey. The SIP revision
consists of a source-specific reasonably
available control technology (RACT)
determination for controlling oxides of
nitrogen (NOX ) from stationary internal
combustion engines operated by the
Trigen-Trenton Energy Co., L.P. This
action approves the source-specific
RACT determination that was made by
New Jersey in accordance with
provisions of its regulation to help meet
the national ambient air quality
standard for ozone. The intended effect
of this action is to approve sourcespecific emission limitations required
by the Clean Air Act.
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Effective Date: This rule will
become effective on August 15, 2008.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2008–0004. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Region II Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
ADDRESSES:
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]]>Agencies
[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Rules and Regulations]
[Pages 40750-40752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16126]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-0645; FRL-8692-1]
Approval and Promulgation of Air Quality Implementation Plans;
Wyoming; Revisions to New Source Review Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
EPA is approving the State Implementation Plan (SIP) revisions
submitted by the State of Wyoming on December 13, 2006. The proposed
revisions modify the State's Prevention of Significant Deterioration
(PSD) regulations to address changes to the federal NSR regulations
promulgated by EPA on December 31, 2002, and reconsidered with minor
changes on November 7, 2003. The State of Wyoming has a federally-
approved PSD program for new and modified sources impacting attainment
areas in the State. Wyoming does not have a Nonattainment New Source
Review (NNSR) program. This action is being taken under section 110 of
the Clean Air Act.
DATES: Effective Date: This final rule is effective August 15, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2007-0645. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through https://www.regulations.gov, or in hard copy at
the Air Program, 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 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Domenico Mastrangelo, Air Program,
U.S. Environmental Protection Agency, Region 8, Mailcode 8P-A, 1595
Wynkoop Street, Denver, Colorado 80202, (303) 312-6416,
mastrangelo.domenico@epa.gov.
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 SIP mean or refer to State Implementation Plan.
(iv) The words State or Wyoming mean the State of Wyoming unless
the context indicates otherwise.
Table of Contents
I. What Action Is EPA Taking?
II. Background
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking final action to approve revisions to the State of
Wyoming SIP regarding the Wyoming PSD program. On April 1, 2008 (73 FR
17289), EPA published an action of proposed rulemaking to approve
Wyoming's revisions to their Prevention of Significant Deterioration
regulations, Chapter 6, Section 4 of the Wyoming Air Quality Standards
and Regulations (WAQS&R). The formal SIP revision was submitted to EPA
by the State of Wyoming on December 13, 2006. EPA's proposed rule
action published April 1, 2008 (73 FR 17289) provides more detailed
information about the Wyoming SIP revisions being approved today. The
public comment period for the proposed action ended on May 1, 2008. No
comments, adverse or otherwise, were received on EPA's proposed action.
II. Background
On December 31, 2002, EPA published revisions to the Federal PSD
[[Page 40751]]
and non-attainment NSR regulations in 40 Code of Federal Regulations
(CFR) Parts 51 and 52 (67 FR 80186). This action was reconsidered with
minor changes on November 7, 2003 (68 FR 63021). Collectively, these
two final actions are referred to as the ``NSR Reform'' regulations and
became effective nationally in areas not covered by a SIP on March 3,
2003. These regulatory revisions included provisions for baseline
emissions determinations, actual-to-future-actual methodology,
plantwide applicability limits (PALs), Clean Units, and Pollution
Control Projects (PCPs). As stated in the December 31, 2002 rulemaking,
State and local permitting agencies must adopt and submit revisions to
their part 51 permitting programs implementing the minimum program
elements (67 FR 80240). With the December 13, 2006 submittal, Wyoming
requested approval of program revisions into the State SIP that satisfy
this requirement.
In the November 7, 2003 reconsideration noted earlier, EPA
clarified two provisions in the regulations by including a definition
of ``replacement unit'' and by clarifying that the PALs baseline
calculation procedures for newly constructed units do not apply to
modified units (68 FR 63021).
On October 27, 2003 EPA published a rulemaking action related to,
but not part of, the 2002 NSR Reform. EPA published the Routine
Equipment Replacement Provision (ERP) amendments (68 FR 61248) which
specified at 40 CFR 51.166(b)(2)(iii)(a) the criteria for the routine
replacement of equipment.
On December 24, 2003, the United States Court of Appeals for the
District of Columbia Circuit, on challenges to the October 27, 2003 EPA
rulemaking, stayed EPA's final Routine Equipment Replacement Provision,
State of New York v. EPA, No. 03-1380. On March 17, 2006, the same
Court vacated these provisions. On June 24, 2005, the same Appeals
Court issued a ruling on challenges to the December 2002 NSR Reform
revisions, State of New York et al. v. EPA, 413 F.3d 3 (D.C. Cir.
2005). Although the Court upheld most of EPA's rules, it vacated both
the Clean Unit (CU) and the PCP provisions and remanded back to EPA the
recordkeeping provisions at 40 CFR 52.21(r)(6) that required a
stationary source to keep records of projects when there was a
``reasonable possibility'' that the project could result in a
significant emissions increase.
EPA brought its NSR Reform regulations in conformity with the
Court's June 24, 2005 ruling in final rulemakings published on June 13
and December 21, 2007 (72 FR 32526, 72 FR 32526). In these actions, EPA
removed from the Code of Federal Regulations (CFR) the PCP and CU
provisions contained in sections 40 CFR 51.165, 51.166, and 52.21(72 FR
32526), and identified the criteria triggering the ``reasonable
possibility'' recordkeeping and reporting standard (72 FR 72607).
The revised Chapter 6, Section 4 of the WAQS&R submitted to EPA on
December 13, 2006, consistent with the Court rulings noted above, does
not include the vacated Clean Unit, PCP, and ERP provisions. As for the
``reasonable possibility'' phrase, the Wyoming revised PSD provisions
included recordkeeping requirements omitting the ``reasonable
possibility'' language objected to by the Court. This omission makes
the Wyoming recordkeeping requirements, set at Chapter 6, Section
4(b)(i)(H)(I), more stringent than the equivalent EPA provisions in the
2002 NSR Reform rules, and therefore approvable. To make the State NSR
SIP provisions we are approving consistent with the EPA December 21,
2007 rulemaking on the ``reasonable possibility'' recordkeeping and
reporting standard (72 FR 72607), the State of Wyoming needs to submit
a notice to EPA within 3 years to acknowledge that their regulations
fulfill these requirements.
The Wyoming PSD revisions do not address the definition of
``replacement unit'' approved by EPA in the November 7, 2003
reconsideration of the 2002 NSR Reform. This omission was based on the
State's understanding that the NSR Reform Rules contained ``replacement
unit'' references only within the PCPs and CU provisions that Wyoming,
as noted above, has not adopted. As the State realized that both its
revised and its EPA-approved NSR SIPs include a reference to
``replacement unit'' in their definition of ``Net emission increase''
at Chapter 6, Section 4(a)(viii), the State addressed this issue to the
satisfaction of EPA. In an exchange of e-mails with EPA on August 13
and September 5, 2007 (included as part of the docket for this action),
the State of Wyoming indicated its agreement with EPA's interpretation
of the definition of ``replacement unit'' detailed in the EPA
``Technical Support Document (TSD) for the Prevention of Significant
Deterioration (PSD) and Nonattainment Area New Source Review (NSR):
Reconsideration.'' As a result, EPA concluded that the omission of this
definition from Chapter 6, Section 4 of Wyoming regulations is
approvable, but also recommends that the State of Wyoming make these
provisions formally consistent with the Federal language by adopting
the definition of ``replacement unit'' in a future rulemaking.
III. Final Action
EPA is taking final action to approve Wyoming's revisions to their
Wyoming Air Quality Standards and Regulations, Chapter 6, Section 4,
Prevention of Significant Deterioration, submitted to EPA by the State
of Wyoming on December 13, 2006. These revisions to Chapter 6, Section
4 were adopted by the Wyoming Environmental Quality Council (EQC) on
July 27, 2006, effective October 6, 2006, and supersede and replace the
EPA-approved Chapter 6, Section 4 of the WAQS&R rules.
IV. Statutory and Executive Order Review
Under the Clean Air Act, 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 Clean Air Act.
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
[[Page 40752]]
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with
the Clean Air Act; 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. 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 action 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 15, 2008. 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. 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 30, 2008.
Judith Wong,
Acting Deputy Regional Administrator, Region 8.
0
40 CFR part 52 is amended 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. In Sec. 52.2620, the table in paragraph (c)(1) is amended under
Chapter 6 by revising the entry for Section 4 to read as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State adopted and EPA approval date
State citation Title/Subject effective date and citation \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 6
* * * * * * *
Section 4...................... Prevention of 7/27/06, 10/6/06 7/16/08. [insert ...................
significant FR page number
deterioration. where document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
[FR Doc. E8-16126 Filed 7-15-08; 8:45 am]
BILLING CODE 6560-50-P
