Approval and Disapproval and Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standards; Wyoming, 29680-29686 [2011-12600]
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Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Proposed Rules
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BILLING CODE 4410–07–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2010–0303; FRL–9310–1]
Approval and Disapproval and
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 1997 8-Hour
Ozone National Ambient Air Quality
Standards; Wyoming
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to partially
approve and partially disapprove the
State Implementation Plan (SIP)
submission from the State of Wyoming
to demonstrate that the SIP meets the
requirements of Sections 110(a)(1) and
(2) of the Clean Air Act (CAA) for the
National Ambient Air Quality Standards
(NAAQS) promulgated for ozone on July
18, 1997. Section 110(a)(1) of the CAA
requires that each state, after a new or
revised NAAQS is promulgated, review
their SIPs to ensure that they meet the
requirements of the ‘‘infrastructure
elements’’ of section 110(a)(2). The State
of Wyoming submitted two
certifications of their infrastructure SIP
for the 1997 ozone NAAQS, date
December 7, 2007 and December 10,
2009. EPA does not propose to act on
the State’s May 25, 2007 submission to
meet the requirements of section
110(a)(2)(D)(i) of the CAA, relating to
interstate transport of air pollution, for
the 1997 ozone NAAQS. EPA approved
the State’s interstate transport SIP
submission on May 8, 2008 (73 FR
26019). EPA is also proposing to
approve a Wyoming submittal, dated
May 10, 2011, revising the State’s
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SUMMARY:
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Prevention of Significant Deterioration
(PSD) program.
DATES: Written comments must be
received on or before June 22, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2010–0303, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: dolan.kathy@epa.gov.
• 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 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–2010–
0303. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA, without going through https://
www.regulations.gov your e-mail
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.
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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 https://
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 https://
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 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:
Kathy Dolan, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129. 303–312–6142,
dolan.kathy@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.
Table of Contents
I. General Information
II. Background
III. What infrastructure elements are required
under sections 110(a)(1) and (2)?
IV. How did the State of Wyoming address
the infrastructure elements of section
110(a)(2)?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
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I. General Information
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What should I consider as I prepare my
comments for EPA?
1. Submitting Confidential Business
Information (CBI). Do not submit CBI to
EPA through https://www.regulations.gov
or e-mail. Clearly mark the part or all of
the information that you claim to be
CBI. For CBI information on 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
On July 18, 1997, EPA promulgated
new NAAQS for ozone based on 8-hour
average concentrations. The 8-hour
averaging period replaced the previous
1-hour averaging period, and the level of
the NAAQS was changed from 0.12
parts per million (ppm) to 0.08 ppm (62
FR 38856). By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) are to be submitted by states within
three years after promulgation of a new
or revised standard. Section 110(a)(2)
provides basic requirements for SIPs,
including emissions inventories,
monitoring, and modeling, to assure
attainment and maintenance of the
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standards. These requirements are set
out in several ‘‘infrastructure elements,’’
listed in section 110(a)(2).
Section 110(a) imposes the obligation
upon states to make a SIP submission to
EPA for a new or revised NAAQS, and
the contents of that submission may
vary depending upon the facts and
circumstances. In particular, the data
and analytical tools available at the time
the state develops and submits the SIP
for a new or revised NAAQS affects the
content of the submission. The contents
of such SIP submissions may also vary
depending upon what provisions the
state’s existing SIP already contains. In
the case of the 1997 ozone NAAQS,
states typically have met the basic
program elements required in section
110(a)(2) through earlier SIP
submissions in connection with
previous NAAQS. In a guidance issued
on October 2, 2007, EPA noted that, to
the extent an existing SIP already meets
the section 110(a)(2) requirements,
states need only to certify that fact via
a letter to EPA.1
On March 27, 2008, EPA published a
final rule entitled, ‘‘Completeness
Findings for Section 110(a) State
Implementation Plans for the 8-hour
Ozone NAAQS’’ (73 FR 16205). In the
rule, EPA made a finding for each State
that it had submitted or had failed to
submit a complete SIP that provided the
basic program elements of section
110(a)(2) necessary to implement the
1997 8-hour ozone NAAQS. In
particular, EPA found that Wyoming
had submitted a complete SIP to meet
these requirements.
III. What infrastructure elements are
required under sections 110(a)(1) and
(2)?
Section 110(a)(1) provides the
procedural and timing requirements for
SIP submissions after a new or revised
NAAQS is promulgated. Section
110(a)(2) lists specific elements the SIP
must contain or satisfy. These
infrastructure elements include
requirements, such as modeling,
monitoring, and emissions inventories
that are designed to assure attainment
and maintenance of the NAAQS. The
elements that are the subject of this
action are listed below.
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
1 Memorandum from William T. Harnett,
Director, Air Quality Policy Division, ‘‘Guidance on
SIP Elements Required Under Sections 110(a)(1)
and (2) for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards’’ (Oct. 2,
2007).
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• 110(a)(2)(C): Program for
enforcement of control measures.
• 110(a)(2)(D)(ii): Interstate and
international pollution.
• 110(a)(2)(E): Adequate resources
and authority.
• 110(a)(2)(F): Stationary source
monitoring and reporting.
• 110(a)(2)(G): Emergency powers.
• 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(J): Consultation with
government officials; public
notification; and prevention of
significant deterioration (PSD) and
visibility protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
A detailed discussion of each of these
elements is contained in the next
section.
Two elements identified in section
110(a)(2) are not governed by the threeyear submission deadline of section
110(a)(1) and are therefore not
addressed in this action. These elements
relate to part D of Title I of the CAA, and
submissions to satisfy them are not due
within three years after promulgation of
a new or revised NAAQS, but rather are
due at the same time nonattainment area
plan requirements are due under section
172. The two elements are: (i) section
110(a)(2)(C) to the extent it refers to
permit programs (known as
‘‘nonattainment new source review
(NSR)’’) required under part D, and (ii)
section 110(a)(2)(I), pertaining to the
nonattainment planning requirements of
part D. As a result, this action does not
address infrastructure elements related
to the nonattainment NSR portion of
section 110(a)(2)(C) or related to
110(a)(2)(I).
This action also does not address the
‘‘interstate transport’’ requirements of
element 110(a)(2)(D)(i). In a separate
action, EPA approved the State’s
submission to meet the requirements of
110(a)(2)(D)(i) for the 1997 ozone
NAAQS (73 FR 26019).
IV. How did the State of Wyoming
address the infrastructure elements of
section 110(a)(2)?
1. Emission limits and other control
measures: Section 110(a)(2)(A) requires
SIPs to include enforceable emission
limitations and other control measures,
means, or techniques (including
economic incentives such as fees,
marketable permits, and auctions of
emissions rights), as well as schedules
and timetables for compliance as may be
necessary or appropriate to meet the
applicable requirements of this Act.
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a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Nonregulatory documents: Control Strategy
Document, Source Surveillance
Document and Compliance Schedule
Document approved by EPA May 31,
1972 (37 FR 10842). Regulatory
Documents: Wyoming Air Quality
Standards and Regulations (WAQSR),
Section 2, Definitions; Section 18,
Diluting and concealing emissions;
Section 19, Abnormal conditions and
equipment malfunction; Section 14,
Control of particulate emissions; and,
Section 10, Nitrogen oxides, approved
by EPA May 31, 1972 (37 FR 10842).
WAQSR, Section 4, Sulfur oxides,
approved by EPA June 10, 1975 (40 FR
24726). WAQSR, Section 12, Carbon
monoxide and Section 9, Hydrocarbons,
approved by EPA on May 31, 1972 (37
FR 10842). WAQSR, Section 4, Sulfur
oxides, approved by EPA June 10, 1975
(40 FR 24726). WAQSR, Section 5,
Sulfuric acid mist, approved by EPA
May 31, 1972 (37 FR 10842). WAQSR,
Section 25, Sweetwater County nonattainment area particulate matter
regulations, approved by EPA July 2,
1979 (44 FR 38473). WAQSR, Section
13, Open burning restrictions, Section
15, Wood waste burners, Section 17,
Motor vehicle pollution, approved by
EPA May 31, 1972 (37 FR 10842).
Chapter 1, Section 3, Definitions;
Section 4, Diluting and concealing
emissions; Section 5, Abnormal
conditions and equipment malfunction;
Chapter 3, Section 2, Emission
standards for particulate matter; Section
3, Emission standards for nitrogen
oxides; Section 4, Emission standard for
sulfur oxides; Section 5, Emission
standards for carbon monoxide; Section
6, Emission standards for volatile
organic compounds; Chapter 4, Section
2, Existing sulfuric acid production
units; Section 3, Existing nitric acid
manufacturing plans; Chapter 8, Section
2, Sweetwater County particular matter
regulations, Section 3, Conformity of
general federal actions to state
implementation plans; Chapter 10,
Section 2, Open burning restrictions;
Section 3, Wood waste burners; Chapter
13, Section 2, Motor vehicle pollution
control, approved by EPA July 28, 2004
(69 FR 44965).
b. EPA analysis: Wyoming’s SIP meets
the requirements of CAA section
110(a)(2)(A) for the 1997 ozone NAAQS,
subject to the following clarifications.
First, Wyoming has no areas designated
as nonattainment for the 1997 ozone
NAAQS and, therefore, is not required
to establish enforceable emission
limitations or other emission reduction
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measures to attain the 1997 ozone
NAAQS. The SIP provisions cited by
Wyoming include emissions limitations
for ozone precursors: Nitrogen oxides
(WAQSR Chapter 3, section 3), and
volatile organic compounds (WAQSR
Chapter 3, section 6). These emissions
limitations meet the requirements of
110(a)(2)(A) for the 1997 ozone NAAQS.
Second, in this action, EPA is not
proposing to approve or disapprove any
existing state rules with regard to
director’s discretion or variance
provisions. A number of states have
such provisions which are contrary to
the CAA and existing EPA guidance (52
FR 45109, Nov. 24, 1987), and the
Agency plans to take action in the future
to address such state regulations. In the
meantime, EPA encourages any state
having a director’s discretion or
variance provision which is contrary to
the CAA and EPA guidance to take steps
to correct the deficiency as soon as
possible.
Finally, in this action, EPA is also not
proposing to approve or disapprove any
existing state provisions with regard to
excess emissions during startup,
shutdown, or malfunction (SSM) of
operations at a facility. A number of
states have SSM provisions which are
contrary to the CAA and existing EPA
guidance 2 and the Agency plans to
address such state regulations in the
future. In the meantime, EPA
encourages any state having a deficient
SSM provision to take steps to correct
it as soon as possible.
2. Ambient air quality monitoring/
data system: Section 110(a)(2)(B)
requires SIPs to provide for
establishment and operation of
appropriate devices, methods, systems,
and procedures necessary to (i) monitor,
compile, and analyze data on ambient
air quality, and (ii) upon request, make
such data available to the
Administrator.
a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Nonregulatory documents: Air Quality
Surveillance Document, approved by
EPA May 31, 1972 (37 FR 10842); Air
Quality Surveillance Network
Document, approved by EPA February
9, 1982 (47 FR 5892); Implementation
Plan for Lead, approved by EPA October
11, 1984 (49 FR 39843). Regulatory
documents: WAQSR, Section 3,
2 Steven Herman, Assistant Administrator for
Enforcement and Compliance Assurance, and
Robert Perciasepe, Assistant Administrator for Air
and Radiation, Memorandum to EPA Air Division
Directors, ‘‘State Implementation Plans (SIPs):
Policy Regarding Excess Emissions During
Malfunctions, Startup, and Shutdown.’’ (Sept. 20,
1999).
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Particulates; Section 10, Nitrogen
Oxides; Section 4, Sulfur oxides;
Section 12, Carbon monoxide; Section
8, Photochemical oxidants; Section 6,
Sulfation; and, Section 27, Ambient air
quality standard for lead, approved by
EPA October 11, 1984 (49 FR 39843).
Chapter 2, Section 2, Ambient standards
for particular matter; Section 3,
Ambient standards for nitrogen oxides;
Section 4, Ambient standards for sulfur
oxides, Section 5, Ambient standards
for carbon monoxide; Section 6,
Ambient standards for ozone; Section 8,
Ambient standards for suspended
sulfates; and, Section 10, Ambient
standards for lead, approved by EPA
July 28, 2004 (69 FR 44965).
b. EPA analysis: Wyoming’s air
monitoring programs and data systems
meet the requirements of CAA section
110(a)(2)(B) for the 1997 ozone NAAQS.
The Wyoming Ambient Air Monitoring
Annual Network Plan, 2009, was
approved by EPA Region 8 on December
3, 2009.
3. Program for enforcement of control
measures: Section 110(a)(2)(C) requires
SIPs to include a program to provide for
the enforcement of the measures
described in subparagraph (A), and
regulation of the modification and
construction of any stationary source
within the areas covered by the plan as
necessary to assure that NAAQS are
achieved, including a permit program as
required in parts C and D.
a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Nonregulatory documents: Legal authority
document; Source Surveillance
document; Review of New Sources and
Modifications Document, approved by
EPA May 31, 1972 (37 FR 10842).
Regulatory documents: 1974 WAQSR,
Section 21, Permit requirements for
construction, modification and
operation, approved by EPA June 10,
1975 (40 FR 24726); 1979 WAQSR,
Section 24, Prevention of significant
deterioration, approved by EPA July 2,
1979 (44 FR 38473). Chapter 6, Section
2, Permit requirements for construction,
modification, and operation and Section
4, Prevention of significant
deterioration, approved by EPA July 28,
2004 (69 FR 44965).
b. EPA analysis: As explained above,
in this action EPA is not evaluating
nonattainment related provisions, such
as the nonattainment NSR program
required by part D of the Act. In
addition, Wyoming has no
nonattainment areas for the 1997 ozone
NAAQS and is therefore not required at
this point to have a corresponding
nonattainment NSR program. EPA is
evaluating the State’s prevention of
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significant deterioration (PSD) program
as required by part C of the Act, and the
State’s minor NSR program as required
by 110(a)(2)(C).
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GHG Regulation
Wyoming’s PSD program was most
recently approved by EPA on July 16,
2008. As described in our notice of
approval (73 FR 40750), Wyoming’s PSD
program at that date met the general
requirements of CAA section
110(a)(2)(C). However, on June 3, 2010,
EPA promulgated the ‘‘Prevention of
Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule’’
(‘‘Tailoring Rule’’) (75 FR 31514), setting
out requirements for application of PSD
to emissions sources of greenhouse
gases (GHG). On December 13, 2010,
EPA issued a finding of substantial
inadequacy and SIP call for seven states,
including Wyoming, on the basis that
the states’ SIP-approved PSD programs
did not apply PSD to GHG-emitting
sources as required under the Tailoring
Rule (75 FR 77698). Next, on December
29, 2010, EPA issued a finding that the
seven states had failed to submit
revisions to their SIPs as necessary to
correct this inadequacy (75 FR 81874).
Finally, on December 30, 2010, EPA
established a federal implementation
plan (FIP) in the seven states to ensure
that PSD permits for sources emitting
GHGs could be issued in accordance
with the Tailoring Rule (75 FR 82246).
As the Wyoming PSD program is
currently subject to a finding of
substantial inadequacy and SIP call, and
Wyoming has not taken steps to remedy
the inadequacy, EPA proposes in this
action to disapprove the Wyoming
infrastructure SIP for each infrastructure
element that requires the SIP to contain
a PSD program that meets the
requirements of part C of title I of the
Act. These elements are 110(a)(2)(C) and
(J).
Ozone Precursors
In addition, in order for the State’s
SIP-approved PSD program to satisfy the
requirements of section 110(a)(2)(C) for
the 1997 ozone NAAQS, the program
must properly regulate ozone
precursors. On November 29, 2005, EPA
promulgated the phase 2
implementation rule for the 1997 ozone
NAAQS (Phase 2 Rule), which includes
requirements for PSD programs to treat
nitrogen oxides (NOx) as a precursor for
ozone (72 FR 71612). Wyoming has
adopted revisions to its PSD program to
meet the requirements of the Phase 2
rule, and submitted these revisions to
EPA on May 10, 2011. EPA proposes in
this action to concurrently approve the
PSD program updates in Wyoming’s
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May 11, 2011 submittal, including
approval of the revisions which meet
the requirements of the Phase 2 Rule. In
particular, the revisions in Chapter 6,
section 4(a) to the definitions of ‘‘major
modification,’’ ‘‘major stationary source,’’
‘‘regulated NSR pollutant,’’ and
‘‘significant’’ meet the requirements of
40 CFR 51.166(b)(2)(ii), (b)(1)(ii),
(b)(49)(i)(a), and (b)(23)(i), respectively,
as amended by the Phase 2 Rule (see 70
FR at 71699–700). In addition, the
revision to section 4(b)(i)(E)(vi)(1)(e)
meets the requirements of the footnote
to 40 CFR 51.166(i)(5)(i)(e). Contingent
on final approval of these revisions,
Wyoming’s SIP meets the requirement
of infrastructure element 110(a)(2)(C) to
include a PSD program that properly
regulates ozone precursors. This
approval does not negate the
disapproval (discussed in the previous
paragraph) based on the finding of
substantial inadequacy and SIP call.
EPA also proposes approval of the
portions of Wyoming’s May 11, 2011
submission which update the State’s
PSD program to comply with the NSR
implementation rule for PM2.5 (73 FR
28321, May 16, 2008), and the inserted
definition of ‘‘replacement unit,’’ which
reflects the language of 40 CFR 51.166
(b)(32)(i) through (iv). In particular, the
revisions in Chapter 6, section 4(a) to
the definitions of ‘‘regulated NSR
pollutant’’ and ‘‘significant’’ meet the
requirements of 40 CFR 51.166
(b)(49)(i)(b), (c), (d), and (b)(49)(vi); and
(b)(23)(i), respectively, as amended by
the PM2.5 NSR implementation rule (see
73 FR at 28348). In addition, the
revisions to section 4(b)(i)(E)(vi)(2) and
(3) meet the requirements of 40 CFR
51.166(i)(5)(ii) and (iii), respectively.
Minor NSR
Finally, with regards to minor NSR, in
this action EPA is proposing to approve
Wyoming’s infrastructure SIP for the
1997 ozone NAAQS with respect to the
general requirement in section
110(a)(2)(C) to include a program in the
SIP that regulates the modification and
construction of any stationary source as
necessary to assure that the NAAQS are
achieved. Wyoming’s approved minor
NSR program is found in Chapter 6,
section 2 of the WAQSR. EPA
previously approved Wyoming’s minor
NSR program into the SIP (at that time
as Chapter 1, section 21), and has
subsequently approved revisions to the
program, and at those times there were
no objections to the provisions of this
program. (See, for example, 47 FR 5892,
Feb. 9, 1982.) Since then, the State and
EPA have relied on the State’s existing
minor NSR program to assure that new
and modified sources not captured by
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the major NSR permitting programs do
not interfere with attainment and
maintenance of the NAAQS. EPA is not
proposing to approve or disapprove the
State’s existing minor NSR program
itself to the extent that it is inconsistent
with EPA’s regulations governing this
program. A number of states may have
minor NSR provisions that are contrary
to the existing EPA regulations for this
program. EPA intends to work with
states to reconcile state minor NSR
programs with EPA’s regulatory
provisions for the program. The
statutory requirements of section
110(a)(2)(C) provide for considerable
flexibility in designing minor NSR
programs, and it may be time to revisit
the regulatory requirements for this
program to give the states an
appropriate level of flexibility to design
a program that meets their particular air
quality concerns, while assuring
reasonable consistency across the
country in protecting the NAAQS with
respect to new and modified minor
sources.
4. Interstate transport: Section
110(a)(2)(D)(i) requires SIPs to contain
adequate provisions prohibiting,
consistent with the provisions of this
title, any source or other type of
emissions activity within the state from
emitting any air pollutant in amounts
which will (I) contribute significantly to
nonattainment in, or interfere with
maintenance by, any other state, with
respect to any such national primary or
secondary ambient air quality standard,
or (II) interfere with measures required
to be included in the applicable
implementation plan for any other state
under part C to prevent significant
deterioration of air quality or to protect
visibility.
a. Wyoming’s response to this
requirement: Wyoming submitted its
Interstate Transport SIP to EPA on May
25, 2007.
b. EPA Analysis: EPA approved the
State’s Interstate Transport provisions
for the 1997 ozone NAAQS on May 8,
2008 (73 FR 26019). EPA is taking no
action relevant to section 110(a)(2)(D)(i)
in this proposal.
5. Interstate and International
transport provisions: Section
110(a)(2)(D)(ii) requires that each SIP
shall contain adequate provisions
insuring compliance with applicable
requirements of sections 126 and 115
(relating to interstate and international
pollution abatement).
a. Wyoming’s response to this
requirement: Wyoming did not cite any
specific provisions relevant to this
requirement.
b. EPA Analysis: Section 126(a)
requires notification to affected, nearby
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states of major proposed new (or
modified) sources. Sections 126(b) and
(c) pertain to petitions by affected States
to the Administrator regarding sources
violating the ‘‘interstate transport’’
provisions of section 110(a)(2)(D)(i).
Section 115 similarly pertains to
international transport of air pollution.
WAQSR Chapter 6, Section 2,
specifically paragraph (m) meets the
requirements of CAA section 126(a) for
the 1997 ozone NAAQS. Final approval
of this language became effective
January 30, 1995 (59 FR 60902, Nov. 29,
1994). Final approval of the
renumbering of this language became
effective August 27, 2004 (See 69 FR
44965, July 28, 2004).
Wyoming has no pending obligations
under sections 126(c) or 115(b);
therefore, its SIP currently meets the
requirements of those sections. The SIP
therefore meets the requirements of
110(a)(2)(D)(ii) for the 1997 ozone
NAAQS.
6. Adequate resources: Section
110(a)(2)(E) requires states to provide (i)
necessary assurances that the state will
have adequate personnel, funding, and
authority under state law to carry out
the SIP (and is not prohibited by any
provision of federal or state law from
carrying out the SIP or portion thereof),
(ii) requires that the state comply with
the requirements respecting state boards
under section 128, and (iii) necessary
assurances that, where the state has
relied on a local or regional government,
agency, or instrumentality for the
implementation of any SIP provision,
the state has responsibility for ensuring
adequate implementation of such SIP
provision.
a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Nonregulatory documents: Resources and
legal authority document submitted to
EPA on January 28, 1972 and approved
by EPA on May 31, 1972 (37 FR 10842).
Regulatory document: Chapter 1,
Section 2, Authority, approved by EPA
on July 28, 2004 (69 FR 44965).
b. EPA Analysis: The provisions in
Articles 1 and 2 of the Wyoming
Environmental Quality Act (Chapter 11,
Title 35 of the Wyoming Statutes) give
the State adequate authority to carry out
the SIP. The composition of the
Wyoming Council of Environmental
Quality is governed by section 35–11–
111(a) of the Wyoming Statutes. Finally,
the State receives sections 103 and 105
grant funds through its Performance
Partnership Grant along with required
state matching funds to provide funding
necessary to carry out Wyoming’s SIP
requirements. The requirements of
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section 110(a)(2)(E) for the 1997 ozone
NAAQS are therefore met.
7. Stationary source monitoring
system: Section 110(a)(2)(F) requires (i)
the installation, maintenance, and
replacement of equipment, and the
implementation of other necessary
steps, by owners or operators of
stationary sources to monitor emissions
from such sources, (ii) periodic reports
on the nature and amounts of emissions
and emissions-related data from such
sources, and (iii) correlation of such
reports by the state agency with any
emission limitations or standards
established pursuant to the Act, which
reports shall be available at reasonable
times for public inspection.
a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Regulatory
documents: 1979 WAQSR, Section 23,
Continuous monitoring requirements for
existing sources, approved by EPA on
July 2, 1979 (44 FR 38473) and Chapter
7, Section 2, Continuous monitoring
requirements for existing sources,
approved by EPA on July 28, 2004 (69
FR 44965).
b. EPA Analysis: In addition to the
specific monitoring provisions cited by
Wyoming, the SIP provides for
monitoring, recordkeeping, and
reporting requirements for sources
subject to minor and major source
permitting. (See WAQSR Chapter 6,
section 2.) Wyoming’s SIP therefore
meets the requirements of section
110(a)(2)(F) for the 1997 ozone NAAQS.
8. Emergency power: Section
110(a)(2)(G) requires states to provide
for authority to address activities
causing imminent and substantial
endangerment to public health,
including contingency plans to
implement the emergency episode
provisions in their SIPs.
a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Nonregulatory documents: Emergency
Episode Plan Document, approved by
EPA May 31, 1972 (37 FR 10842);
Emergency Episode Contingency Plan
Document, approved by EPA February
9, 1982 (47 FR 5892). Regulatory
documents: 1971 WAQSR, Section 20,
Air Pollution emergency episodes,
approved by EPA May 31, 1972 (37 FR
10842) and Chapter 12, Section 2, Air
pollution emergency episodes, approved
by EPA July 28, 2004 (69 FR 44965).
b. EPA analysis: Section 35–11–115 of
the Wyoming Statutes gives the Director
of the Wyoming Department of
Environmental Quality (DEQ)
comparable emergency powers to those
in section 303 of the Act. Furthermore,
Wyoming has not monitored any values
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above the priority cut point for ozone
(see 40 CFR 51.150(b)(5)), and is not
required at this point to have a
contingency plan for ozone that meets
the requirements of 40 CFR part 51,
subpart H. The SIP therefore meets the
requirements of 110(a)(2)(G) for the
1997 ozone NAAQS.
9. Future SIP revisions: Section
110(a)(2)(H) requires that SIPs provide
for revision of such plan (i) from time
to time as may be necessary to take
account of revisions of such national
primary or secondary ambient air
quality standard or the availability of
improved or more expeditious methods
of attaining such standard, and (ii),
except as provided in paragraph (3)(C),
whenever the Administrator finds on
the basis of information available to the
Administrator that the SIP is
substantially inadequate to attain the
NAAQS which it implements or to
otherwise comply with any additional
requirements under this Act.
a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Nonregulatory document: Implementation
Plan Review Document, approved by
EPA April 19, 1983 (48 FR 16682).
b. EPA analysis: The general
provisions in Article 1 of the Wyoming
Environmental Quality Act (Article 1,
Chapter 11, Title 35 of the Wyoming
Statutes) and the particular provision in
Article 2 at section 35–11–202 of the
Wyoming Statutes give the State
sufficient authority to revise the SIP as
required by section 110(a)(2)(H).
10. Nonattainment Area Plan or Plan
Revision under Part D: Section
110(a)(2)(I) requires that a SIP or SIP
revision for an area designated as a
nonattainment area must meet the
applicable requirements of part D of this
subchapter (relating to nonattainment
areas).
a. EPA analysis for Section
110(a)(2)(I): As noted above, the specific
nonattainment area plan requirements
of Section 110(a)(2)(I) are subject to the
timing requirement of Section 172, not
the timing requirement of Section
110(a)(1). This element is therefore not
applicable to this action. EPA will take
action on part D attainment plans
through a separate process.
11. Consultation with government
officials, public notification, PSD and
visibility protection: Section 110(a)(2)(J)
requires that each SIP meet the
applicable requirements of section 121
of this title (relating to consultation),
section 127 of this title (relating to
public notification), and part C of this
subchapter (relating to prevention of
significant deterioration of air quality
and visibility protection).
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a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Nonregulatory document: Consultation
document, approved by EPA July 2,
1979 (44 FR 38473). Regulatorydocument: 1979 WAQSR, Section 24,
Prevention of significant deterioration,
approved by EPA on July 2, 1979 (44 FR
38473); Chapter 7, Section 4, Prevention
of significant deterioration, approved by
EPA 7/28/04 (69 FR 44965)
b. EPA Analysis:
The State has demonstrated that it has
the authority and rules in place to
provide a process of consultation with
general purpose local governments,
designated organizations of elected
officials of local governments and any
Federal Land Manager having authority
over federal land to which the SIP
applies, consistent with the
requirements of CAA section 121.
Furthermore, EPA previously approved
portions of the Wyoming SIP meeting
the requirements of CAA section 127.
(44 FR 38473, July 2, 1979.)
As noted above, the State has a SIPapproved PSD program. EPA has further
evaluated Wyoming’s SIP-approved PSD
program in this proposed action under
IV.3, element 110(a)(2)(C). For the same
reasons as discussed in subsection IV.3,
EPA proposes to disapprove the
Wyoming infrastructure SIP for the 1997
ozone NAAQS specifically for the
requirement in section 110(a)(2)(J) that
the SIP meet the applicable
requirements of part C of title I of the
Act, in particular with regards to the
requirement that the PSD program apply
to GHG sources in accordance with the
Tailoring Rule.
Finally, with regard to the applicable
requirements for visibility protection,
EPA recognizes that states are subject to
visibility and regional haze program
requirements under part C of the act. In
the event of the establishment of a new
NAAQS, however, the visibility and
regional haze program requirements
under part C do not change. Thus we
find that there is no new visibility
obligation ‘‘triggered’’ under section
110(a)(2)(J) when a new NAAQS
becomes effective.
12. Air quality and modeling/data:
Section 110(a)(2)(K) requires that each
SIP provide for (i) the performance of
such air quality modeling as the
Administrator may prescribe for the
purpose of predicting the effect on
ambient air quality of any emissions of
any air pollutant for which the
Administrator has established a
NAAQS, and (ii) the submission, upon
request, of data related to such air
quality modeling to the Administrator.
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a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Regulatory
Documents: 1974 WAQSR, Section 21,
Permit requirements for construction,
modification and operation, approved
by EPA on June 10, 1975 (40 FR 24726);
1979 WAQSR, Section 24, Prevention of
significant deterioration, approved by
EPA on July 2, 1979 (44 FR 38473);
Chapter 6, Section 2, Permit
requirements for construction,
modification, and operation, approved
by EPA on July 28, 2004 (69 FR 44965);
Chapter 6, Section 4, Prevention of
significant deterioration, approved by
EPA on July 28, 2004 (69 FR 44965).
b. EPA Analysis: Wyoming’s SIP
meets the requirements of CAA section
110(a)(2)(K) for the 1997 ozone NAAQS.
In particular, Wyoming’s PSD program
requires that estimates of ambient air
concentrations be based on applicable
air quality models specified in
Appendix W of 40 CFR part 51, and that
modification or substitution of a model
specified in Appendix W must be
approved by the Administrator. (See
WAQSR Chapter 6, section 4(b)(iv).) As
a result, the SIP provides for such air
quality modeling as the Administrator
has prescribed.
13. Permitting fees: Section
110(a)(2)(L) requires SIPs to require the
owner or operator of each major
stationary source to pay to the
permitting authority, as a condition of
any permit required under this act, a fee
sufficient to cover (i) the reasonable
costs of reviewing and acting upon any
application for such a permit, and (ii) if
the owner or operator receives a permit
for such source, the reasonable costs of
implementing and enforcing the terms
and conditions of any such permit (not
including any court costs or other costs
associated with any enforcement
action), until such fee requirement is
superseded with respect to such sources
by the Administrator’s approval of a fee
program under title V.
a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Regulatory
Documents: 1993 WAQSR, Section 21,
Permit requirements for construction,
modification, and operation, approved
by EPA on 11/29/94 (59 FR 60905);
Chapter 6, Section 2, Permit
requirements for construction,
modification and operation, approved
by EPA on July 28, 2004 (69 FR 44965).
b. EPA Analysis: Wyoming’s approved
title V operating permit program meets
the requirements of CAA section
111(a)(2)(L) for the 1997 ozone NAAQS.
Final approval of the title V operating
permit program became effective April
23, 1999 (64 FR 8523, Feb. 22, 1990).
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29685
Interim approval of Wyoming’s title V
operating permit program became
effective February 21, 1995 (60 FR 4563,
Jan. 19, 1995). As discussed in a
previous direct final rule (which
received comments) for interim
approval of the title V program (59 FR
48802, Sept. 23, 1994), the State
demonstrated that the fees collected
were sufficient to administer the
program.
14. Consultation/participation by
affected local entities: Section
110(a)(2)(M) requires states to provide
for consultation and participation in SIP
development by local political
subdivisions affected by the SIP.
a. Wyoming’s response to this
requirement: Wyoming cited the
following SIP provisions: Nonregulatory document: Intergovernmental
Cooperation Document, approved by
EPA on May 31, 1972 (37 FR 10842).
b. EPA Analysis: Wyoming’s submittal
meets the requirements of CAA Section
110(a)(2)(M) for the 1997 ozone
NAAQS.
V. What action is EPA taking?
In this action, EPA is proposing to
approve the following infrastructure
elements for the 1997 ozone NAAQS:
(A), (B), (C) with regards to the
requirement to have a minor NSR
program, (D)(ii), (E), (F), (G), (H), (J) with
regards to the requirements related to
sections 121 and 127 of the Act, (K), (L),
and (M).
In this action, EPA also proposes
approval of the State’s May 11, 2011
submission, updating the Wyoming PSD
program to, among other things, regulate
NOX as a precursor to ozone. Contingent
on final approval of these updates, EPA
is proposing to approve portions of
infrastructure elements (C) and (J) for
the 1997 ozone NAAQS with regards to
the requirement that the State’s SIPapproved PSD program properly
regulate ozone precursors.
In this action, EPA is proposing to
disapprove the following infrastructure
elements for the 1997 ozone NAAQS:
(C) and (J) with regards to the
requirement that the State’s PSD
program regulate GHG-emitting sources
in accordance with the Tailoring Rule.
In this action, EPA is taking no action
on infrastructure elements (D)(i), (I), and
(J) specifically in regard to visibility, for
the 1997 ozone NAAQS.
VI. Statutory and Executive Order
Reviews
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)).
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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 approves some state law
as meeting Federal requirements and
disapproves other state law because it
does not meet Federal requirements;
this proposed action 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
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
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matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 16, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2011–12600 Filed 5–20–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0856; FRL–9308–2]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Permits for Major Stationary Sources
and Major Modifications Locating in
Prevention of Significant Deterioration
(PSD) Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the Virginia
Department of Environmental Quality
(VADEQ). This revision pertains to
EPA’s proposal to approve the addition
of nitrogen oxides (NOX) as a precursor
to ozone in the Virginia SIP that governs
permits for constructing or significantly
modifying facilities located in areas
attaining the national ambient air
quality standards (NAAQS). This action
is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before June 22, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0856 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: cox.kathleen@epa.gov.
C. Mail: EPA–R03–OAR–2010–0856,
Kathleen Cox, Associate Director, Office
of Permits and Air Toxics, Mailcode
3AP10, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0856. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
SUMMARY:
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made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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.
Docket: All documents in the
electronic docket are listed in the http:
//www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., 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 in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the Virginia submittal
are available at the VADEQ Office, 629
East Main Street, Richmond, Virginia
23219.
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376, or by
e-mail at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On June 7, 2010, the VADEQ
submitted a revision to the Virginia SIP
for including NOX as a precursor to
ozone for permits of major stationary
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]]>Agencies
[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Proposed Rules]
[Pages 29680-29686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12600]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2010-0303; FRL-9310-1]
Approval and Disapproval and Promulgation of State Implementation
Plan Revisions; Infrastructure Requirements for the 1997 8-Hour Ozone
National Ambient Air Quality Standards; Wyoming
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to partially approve and partially disapprove
the State Implementation Plan (SIP) submission from the State of
Wyoming to demonstrate that the SIP meets the requirements of Sections
110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient
Air Quality Standards (NAAQS) promulgated for ozone on July 18, 1997.
Section 110(a)(1) of the CAA requires that each state, after a new or
revised NAAQS is promulgated, review their SIPs to ensure that they
meet the requirements of the ``infrastructure elements'' of section
110(a)(2). The State of Wyoming submitted two certifications of their
infrastructure SIP for the 1997 ozone NAAQS, date December 7, 2007 and
December 10, 2009. EPA does not propose to act on the State's May 25,
2007 submission to meet the requirements of section 110(a)(2)(D)(i) of
the CAA, relating to interstate transport of air pollution, for the
1997 ozone NAAQS. EPA approved the State's interstate transport SIP
submission on May 8, 2008 (73 FR 26019). EPA is also proposing to
approve a Wyoming submittal, dated May 10, 2011, revising the State's
Prevention of Significant Deterioration (PSD) program.
DATES: Written comments must be received on or before June 22, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2010-0303, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: dolan.kathy@epa.gov.
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 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-
2010-0303. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA, without
going through https://www.regulations.gov your e-mail 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 information about EPA's public
docket visit the EPA Docket Center homepage at https://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 https://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 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: Kathy Dolan, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. 303-312-6142,
dolan.kathy@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.
Table of Contents
I. General Information
II. Background
III. What infrastructure elements are required under sections
110(a)(1) and (2)?
IV. How did the State of Wyoming address the infrastructure elements
of section 110(a)(2)?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
[[Page 29681]]
I. General Information
What should I consider as I prepare my comments for EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit CBI to EPA through https://www.regulations.gov or e-mail. Clearly
mark the part or all of the information that you claim to be CBI. For
CBI information on 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
On July 18, 1997, EPA promulgated new NAAQS for ozone based on 8-
hour average concentrations. The 8-hour averaging period replaced the
previous 1-hour averaging period, and the level of the NAAQS was
changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR 38856). By
statute, SIPs meeting the requirements of sections 110(a)(1) and (2)
are to be submitted by states within three years after promulgation of
a new or revised standard. Section 110(a)(2) provides basic
requirements for SIPs, including emissions inventories, monitoring, and
modeling, to assure attainment and maintenance of the standards. These
requirements are set out in several ``infrastructure elements,'' listed
in section 110(a)(2).
Section 110(a) imposes the obligation upon states to make a SIP
submission to EPA for a new or revised NAAQS, and the contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time the
state develops and submits the SIP for a new or revised NAAQS affects
the content of the submission. The contents of such SIP submissions may
also vary depending upon what provisions the state's existing SIP
already contains. In the case of the 1997 ozone NAAQS, states typically
have met the basic program elements required in section 110(a)(2)
through earlier SIP submissions in connection with previous NAAQS. In a
guidance issued on October 2, 2007, EPA noted that, to the extent an
existing SIP already meets the section 110(a)(2) requirements, states
need only to certify that fact via a letter to EPA.\1\
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\1\ Memorandum from William T. Harnett, Director, Air Quality
Policy Division, ``Guidance on SIP Elements Required Under Sections
110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards'' (Oct. 2, 2007).
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On March 27, 2008, EPA published a final rule entitled,
``Completeness Findings for Section 110(a) State Implementation Plans
for the 8-hour Ozone NAAQS'' (73 FR 16205). In the rule, EPA made a
finding for each State that it had submitted or had failed to submit a
complete SIP that provided the basic program elements of section
110(a)(2) necessary to implement the 1997 8-hour ozone NAAQS. In
particular, EPA found that Wyoming had submitted a complete SIP to meet
these requirements.
III. What infrastructure elements are required under sections 110(a)(1)
and (2)?
Section 110(a)(1) provides the procedural and timing requirements
for SIP submissions after a new or revised NAAQS is promulgated.
Section 110(a)(2) lists specific elements the SIP must contain or
satisfy. These infrastructure elements include requirements, such as
modeling, monitoring, and emissions inventories that are designed to
assure attainment and maintenance of the NAAQS. The elements that are
the subject of this action are listed below.
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control measures.
110(a)(2)(D)(ii): Interstate and international pollution.
110(a)(2)(E): Adequate resources and authority.
110(a)(2)(F): Stationary source monitoring and reporting.
110(a)(2)(G): Emergency powers.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(J): Consultation with government officials;
public notification; and prevention of significant deterioration (PSD)
and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
A detailed discussion of each of these elements is contained in the
next section.
Two elements identified in section 110(a)(2) are not governed by
the three-year submission deadline of section 110(a)(1) and are
therefore not addressed in this action. These elements relate to part D
of Title I of the CAA, and submissions to satisfy them are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the same time nonattainment area plan requirements
are due under section 172. The two elements are: (i) section
110(a)(2)(C) to the extent it refers to permit programs (known as
``nonattainment new source review (NSR)'') required under part D, and
(ii) section 110(a)(2)(I), pertaining to the nonattainment planning
requirements of part D. As a result, this action does not address
infrastructure elements related to the nonattainment NSR portion of
section 110(a)(2)(C) or related to 110(a)(2)(I).
This action also does not address the ``interstate transport''
requirements of element 110(a)(2)(D)(i). In a separate action, EPA
approved the State's submission to meet the requirements of
110(a)(2)(D)(i) for the 1997 ozone NAAQS (73 FR 26019).
IV. How did the State of Wyoming address the infrastructure elements of
section 110(a)(2)?
1. Emission limits and other control measures: Section 110(a)(2)(A)
requires SIPs to include enforceable emission limitations and other
control measures, means, or techniques (including economic incentives
such as fees, marketable permits, and auctions of emissions rights), as
well as schedules and timetables for compliance as may be necessary or
appropriate to meet the applicable requirements of this Act.
[[Page 29682]]
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory documents: Control Strategy
Document, Source Surveillance Document and Compliance Schedule Document
approved by EPA May 31, 1972 (37 FR 10842). Regulatory Documents:
Wyoming Air Quality Standards and Regulations (WAQSR), Section 2,
Definitions; Section 18, Diluting and concealing emissions; Section 19,
Abnormal conditions and equipment malfunction; Section 14, Control of
particulate emissions; and, Section 10, Nitrogen oxides, approved by
EPA May 31, 1972 (37 FR 10842). WAQSR, Section 4, Sulfur oxides,
approved by EPA June 10, 1975 (40 FR 24726). WAQSR, Section 12, Carbon
monoxide and Section 9, Hydrocarbons, approved by EPA on May 31, 1972
(37 FR 10842). WAQSR, Section 4, Sulfur oxides, approved by EPA June
10, 1975 (40 FR 24726). WAQSR, Section 5, Sulfuric acid mist, approved
by EPA May 31, 1972 (37 FR 10842). WAQSR, Section 25, Sweetwater County
non-attainment area particulate matter regulations, approved by EPA
July 2, 1979 (44 FR 38473). WAQSR, Section 13, Open burning
restrictions, Section 15, Wood waste burners, Section 17, Motor vehicle
pollution, approved by EPA May 31, 1972 (37 FR 10842). Chapter 1,
Section 3, Definitions; Section 4, Diluting and concealing emissions;
Section 5, Abnormal conditions and equipment malfunction; Chapter 3,
Section 2, Emission standards for particulate matter; Section 3,
Emission standards for nitrogen oxides; Section 4, Emission standard
for sulfur oxides; Section 5, Emission standards for carbon monoxide;
Section 6, Emission standards for volatile organic compounds; Chapter
4, Section 2, Existing sulfuric acid production units; Section 3,
Existing nitric acid manufacturing plans; Chapter 8, Section 2,
Sweetwater County particular matter regulations, Section 3, Conformity
of general federal actions to state implementation plans; Chapter 10,
Section 2, Open burning restrictions; Section 3, Wood waste burners;
Chapter 13, Section 2, Motor vehicle pollution control, approved by EPA
July 28, 2004 (69 FR 44965).
b. EPA analysis: Wyoming's SIP meets the requirements of CAA
section 110(a)(2)(A) for the 1997 ozone NAAQS, subject to the following
clarifications. First, Wyoming has no areas designated as nonattainment
for the 1997 ozone NAAQS and, therefore, is not required to establish
enforceable emission limitations or other emission reduction measures
to attain the 1997 ozone NAAQS. The SIP provisions cited by Wyoming
include emissions limitations for ozone precursors: Nitrogen oxides
(WAQSR Chapter 3, section 3), and volatile organic compounds (WAQSR
Chapter 3, section 6). These emissions limitations meet the
requirements of 110(a)(2)(A) for the 1997 ozone NAAQS.
Second, in this action, EPA is not proposing to approve or
disapprove any existing state rules with regard to director's
discretion or variance provisions. A number of states have such
provisions which are contrary to the CAA and existing EPA guidance (52
FR 45109, Nov. 24, 1987), and the Agency plans to take action in the
future to address such state regulations. In the meantime, EPA
encourages any state having a director's discretion or variance
provision which is contrary to the CAA and EPA guidance to take steps
to correct the deficiency as soon as possible.
Finally, in this action, EPA is also not proposing to approve or
disapprove any existing state provisions with regard to excess
emissions during startup, shutdown, or malfunction (SSM) of operations
at a facility. A number of states have SSM provisions which are
contrary to the CAA and existing EPA guidance \2\ and the Agency plans
to address such state regulations in the future. In the meantime, EPA
encourages any state having a deficient SSM provision to take steps to
correct it as soon as possible.
---------------------------------------------------------------------------
\2\ Steven Herman, Assistant Administrator for Enforcement and
Compliance Assurance, and Robert Perciasepe, Assistant Administrator
for Air and Radiation, Memorandum to EPA Air Division Directors,
``State Implementation Plans (SIPs): Policy Regarding Excess
Emissions During Malfunctions, Startup, and Shutdown.'' (Sept. 20,
1999).
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2. Ambient air quality monitoring/data system: Section 110(a)(2)(B)
requires SIPs to provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to (i) monitor,
compile, and analyze data on ambient air quality, and (ii) upon
request, make such data available to the Administrator.
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory documents: Air Quality
Surveillance Document, approved by EPA May 31, 1972 (37 FR 10842); Air
Quality Surveillance Network Document, approved by EPA February 9, 1982
(47 FR 5892); Implementation Plan for Lead, approved by EPA October 11,
1984 (49 FR 39843). Regulatory documents: WAQSR, Section 3,
Particulates; Section 10, Nitrogen Oxides; Section 4, Sulfur oxides;
Section 12, Carbon monoxide; Section 8, Photochemical oxidants; Section
6, Sulfation; and, Section 27, Ambient air quality standard for lead,
approved by EPA October 11, 1984 (49 FR 39843). Chapter 2, Section 2,
Ambient standards for particular matter; Section 3, Ambient standards
for nitrogen oxides; Section 4, Ambient standards for sulfur oxides,
Section 5, Ambient standards for carbon monoxide; Section 6, Ambient
standards for ozone; Section 8, Ambient standards for suspended
sulfates; and, Section 10, Ambient standards for lead, approved by EPA
July 28, 2004 (69 FR 44965).
b. EPA analysis: Wyoming's air monitoring programs and data systems
meet the requirements of CAA section 110(a)(2)(B) for the 1997 ozone
NAAQS. The Wyoming Ambient Air Monitoring Annual Network Plan, 2009,
was approved by EPA Region 8 on December 3, 2009.
3. Program for enforcement of control measures: Section
110(a)(2)(C) requires SIPs to include a program to provide for the
enforcement of the measures described in subparagraph (A), and
regulation of the modification and construction of any stationary
source within the areas covered by the plan as necessary to assure that
NAAQS are achieved, including a permit program as required in parts C
and D.
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory documents: Legal authority
document; Source Surveillance document; Review of New Sources and
Modifications Document, approved by EPA May 31, 1972 (37 FR 10842).
Regulatory documents: 1974 WAQSR, Section 21, Permit requirements for
construction, modification and operation, approved by EPA June 10, 1975
(40 FR 24726); 1979 WAQSR, Section 24, Prevention of significant
deterioration, approved by EPA July 2, 1979 (44 FR 38473). Chapter 6,
Section 2, Permit requirements for construction, modification, and
operation and Section 4, Prevention of significant deterioration,
approved by EPA July 28, 2004 (69 FR 44965).
b. EPA analysis: As explained above, in this action EPA is not
evaluating nonattainment related provisions, such as the nonattainment
NSR program required by part D of the Act. In addition, Wyoming has no
nonattainment areas for the 1997 ozone NAAQS and is therefore not
required at this point to have a corresponding nonattainment NSR
program. EPA is evaluating the State's prevention of
[[Page 29683]]
significant deterioration (PSD) program as required by part C of the
Act, and the State's minor NSR program as required by 110(a)(2)(C).
GHG Regulation
Wyoming's PSD program was most recently approved by EPA on July 16,
2008. As described in our notice of approval (73 FR 40750), Wyoming's
PSD program at that date met the general requirements of CAA section
110(a)(2)(C). However, on June 3, 2010, EPA promulgated the
``Prevention of Significant Deterioration and Title V Greenhouse Gas
Tailoring Rule'' (``Tailoring Rule'') (75 FR 31514), setting out
requirements for application of PSD to emissions sources of greenhouse
gases (GHG). On December 13, 2010, EPA issued a finding of substantial
inadequacy and SIP call for seven states, including Wyoming, on the
basis that the states' SIP-approved PSD programs did not apply PSD to
GHG-emitting sources as required under the Tailoring Rule (75 FR
77698). Next, on December 29, 2010, EPA issued a finding that the seven
states had failed to submit revisions to their SIPs as necessary to
correct this inadequacy (75 FR 81874). Finally, on December 30, 2010,
EPA established a federal implementation plan (FIP) in the seven states
to ensure that PSD permits for sources emitting GHGs could be issued in
accordance with the Tailoring Rule (75 FR 82246). As the Wyoming PSD
program is currently subject to a finding of substantial inadequacy and
SIP call, and Wyoming has not taken steps to remedy the inadequacy, EPA
proposes in this action to disapprove the Wyoming infrastructure SIP
for each infrastructure element that requires the SIP to contain a PSD
program that meets the requirements of part C of title I of the Act.
These elements are 110(a)(2)(C) and (J).
Ozone Precursors
In addition, in order for the State's SIP-approved PSD program to
satisfy the requirements of section 110(a)(2)(C) for the 1997 ozone
NAAQS, the program must properly regulate ozone precursors. On November
29, 2005, EPA promulgated the phase 2 implementation rule for the 1997
ozone NAAQS (Phase 2 Rule), which includes requirements for PSD
programs to treat nitrogen oxides (NOx) as a precursor for ozone (72 FR
71612). Wyoming has adopted revisions to its PSD program to meet the
requirements of the Phase 2 rule, and submitted these revisions to EPA
on May 10, 2011. EPA proposes in this action to concurrently approve
the PSD program updates in Wyoming's May 11, 2011 submittal, including
approval of the revisions which meet the requirements of the Phase 2
Rule. In particular, the revisions in Chapter 6, section 4(a) to the
definitions of ``major modification,'' ``major stationary source,''
``regulated NSR pollutant,'' and ``significant'' meet the requirements
of 40 CFR 51.166(b)(2)(ii), (b)(1)(ii), (b)(49)(i)(a), and (b)(23)(i),
respectively, as amended by the Phase 2 Rule (see 70 FR at 71699-700).
In addition, the revision to section 4(b)(i)(E)(vi)(1)(e) meets the
requirements of the footnote to 40 CFR 51.166(i)(5)(i)(e). Contingent
on final approval of these revisions, Wyoming's SIP meets the
requirement of infrastructure element 110(a)(2)(C) to include a PSD
program that properly regulates ozone precursors. This approval does
not negate the disapproval (discussed in the previous paragraph) based
on the finding of substantial inadequacy and SIP call.
EPA also proposes approval of the portions of Wyoming's May 11,
2011 submission which update the State's PSD program to comply with the
NSR implementation rule for PM2.5 (73 FR 28321, May 16,
2008), and the inserted definition of ``replacement unit,'' which
reflects the language of 40 CFR 51.166 (b)(32)(i) through (iv). In
particular, the revisions in Chapter 6, section 4(a) to the definitions
of ``regulated NSR pollutant'' and ``significant'' meet the
requirements of 40 CFR 51.166 (b)(49)(i)(b), (c), (d), and (b)(49)(vi);
and (b)(23)(i), respectively, as amended by the PM2.5 NSR
implementation rule (see 73 FR at 28348). In addition, the revisions to
section 4(b)(i)(E)(vi)(2) and (3) meet the requirements of 40 CFR
51.166(i)(5)(ii) and (iii), respectively.
Minor NSR
Finally, with regards to minor NSR, in this action EPA is proposing
to approve Wyoming's infrastructure SIP for the 1997 ozone NAAQS with
respect to the general requirement in section 110(a)(2)(C) to include a
program in the SIP that regulates the modification and construction of
any stationary source as necessary to assure that the NAAQS are
achieved. Wyoming's approved minor NSR program is found in Chapter 6,
section 2 of the WAQSR. EPA previously approved Wyoming's minor NSR
program into the SIP (at that time as Chapter 1, section 21), and has
subsequently approved revisions to the program, and at those times
there were no objections to the provisions of this program. (See, for
example, 47 FR 5892, Feb. 9, 1982.) Since then, the State and EPA have
relied on the State's existing minor NSR program to assure that new and
modified sources not captured by the major NSR permitting programs do
not interfere with attainment and maintenance of the NAAQS. EPA is not
proposing to approve or disapprove the State's existing minor NSR
program itself to the extent that it is inconsistent with EPA's
regulations governing this program. A number of states may have minor
NSR provisions that are contrary to the existing EPA regulations for
this program. EPA intends to work with states to reconcile state minor
NSR programs with EPA's regulatory provisions for the program. The
statutory requirements of section 110(a)(2)(C) provide for considerable
flexibility in designing minor NSR programs, and it may be time to
revisit the regulatory requirements for this program to give the states
an appropriate level of flexibility to design a program that meets
their particular air quality concerns, while assuring reasonable
consistency across the country in protecting the NAAQS with respect to
new and modified minor sources.
4. Interstate transport: Section 110(a)(2)(D)(i) requires SIPs to
contain adequate provisions prohibiting, consistent with the provisions
of this title, any source or other type of emissions activity within
the state from emitting any air pollutant in amounts which will (I)
contribute significantly to nonattainment in, or interfere with
maintenance by, any other state, with respect to any such national
primary or secondary ambient air quality standard, or (II) interfere
with measures required to be included in the applicable implementation
plan for any other state under part C to prevent significant
deterioration of air quality or to protect visibility.
a. Wyoming's response to this requirement: Wyoming submitted its
Interstate Transport SIP to EPA on May 25, 2007.
b. EPA Analysis: EPA approved the State's Interstate Transport
provisions for the 1997 ozone NAAQS on May 8, 2008 (73 FR 26019). EPA
is taking no action relevant to section 110(a)(2)(D)(i) in this
proposal.
5. Interstate and International transport provisions: Section
110(a)(2)(D)(ii) requires that each SIP shall contain adequate
provisions insuring compliance with applicable requirements of sections
126 and 115 (relating to interstate and international pollution
abatement).
a. Wyoming's response to this requirement: Wyoming did not cite any
specific provisions relevant to this requirement.
b. EPA Analysis: Section 126(a) requires notification to affected,
nearby
[[Page 29684]]
states of major proposed new (or modified) sources. Sections 126(b) and
(c) pertain to petitions by affected States to the Administrator
regarding sources violating the ``interstate transport'' provisions of
section 110(a)(2)(D)(i). Section 115 similarly pertains to
international transport of air pollution.
WAQSR Chapter 6, Section 2, specifically paragraph (m) meets the
requirements of CAA section 126(a) for the 1997 ozone NAAQS. Final
approval of this language became effective January 30, 1995 (59 FR
60902, Nov. 29, 1994). Final approval of the renumbering of this
language became effective August 27, 2004 (See 69 FR 44965, July 28,
2004).
Wyoming has no pending obligations under sections 126(c) or 115(b);
therefore, its SIP currently meets the requirements of those sections.
The SIP therefore meets the requirements of 110(a)(2)(D)(ii) for the
1997 ozone NAAQS.
6. Adequate resources: Section 110(a)(2)(E) requires states to
provide (i) necessary assurances that the state will have adequate
personnel, funding, and authority under state law to carry out the SIP
(and is not prohibited by any provision of federal or state law from
carrying out the SIP or portion thereof), (ii) requires that the state
comply with the requirements respecting state boards under section 128,
and (iii) necessary assurances that, where the state has relied on a
local or regional government, agency, or instrumentality for the
implementation of any SIP provision, the state has responsibility for
ensuring adequate implementation of such SIP provision.
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory documents: Resources and legal
authority document submitted to EPA on January 28, 1972 and approved by
EPA on May 31, 1972 (37 FR 10842). Regulatory document: Chapter 1,
Section 2, Authority, approved by EPA on July 28, 2004 (69 FR 44965).
b. EPA Analysis: The provisions in Articles 1 and 2 of the Wyoming
Environmental Quality Act (Chapter 11, Title 35 of the Wyoming
Statutes) give the State adequate authority to carry out the SIP. The
composition of the Wyoming Council of Environmental Quality is governed
by section 35-11-111(a) of the Wyoming Statutes. Finally, the State
receives sections 103 and 105 grant funds through its Performance
Partnership Grant along with required state matching funds to provide
funding necessary to carry out Wyoming's SIP requirements. The
requirements of section 110(a)(2)(E) for the 1997 ozone NAAQS are
therefore met.
7. Stationary source monitoring system: Section 110(a)(2)(F)
requires (i) the installation, maintenance, and replacement of
equipment, and the implementation of other necessary steps, by owners
or operators of stationary sources to monitor emissions from such
sources, (ii) periodic reports on the nature and amounts of emissions
and emissions-related data from such sources, and (iii) correlation of
such reports by the state agency with any emission limitations or
standards established pursuant to the Act, which reports shall be
available at reasonable times for public inspection.
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Regulatory documents: 1979 WAQSR, Section 23,
Continuous monitoring requirements for existing sources, approved by
EPA on July 2, 1979 (44 FR 38473) and Chapter 7, Section 2, Continuous
monitoring requirements for existing sources, approved by EPA on July
28, 2004 (69 FR 44965).
b. EPA Analysis: In addition to the specific monitoring provisions
cited by Wyoming, the SIP provides for monitoring, recordkeeping, and
reporting requirements for sources subject to minor and major source
permitting. (See WAQSR Chapter 6, section 2.) Wyoming's SIP therefore
meets the requirements of section 110(a)(2)(F) for the 1997 ozone
NAAQS.
8. Emergency power: Section 110(a)(2)(G) requires states to provide
for authority to address activities causing imminent and substantial
endangerment to public health, including contingency plans to implement
the emergency episode provisions in their SIPs.
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory documents: Emergency Episode
Plan Document, approved by EPA May 31, 1972 (37 FR 10842); Emergency
Episode Contingency Plan Document, approved by EPA February 9, 1982 (47
FR 5892). Regulatory documents: 1971 WAQSR, Section 20, Air Pollution
emergency episodes, approved by EPA May 31, 1972 (37 FR 10842) and
Chapter 12, Section 2, Air pollution emergency episodes, approved by
EPA July 28, 2004 (69 FR 44965).
b. EPA analysis: Section 35-11-115 of the Wyoming Statutes gives
the Director of the Wyoming Department of Environmental Quality (DEQ)
comparable emergency powers to those in section 303 of the Act.
Furthermore, Wyoming has not monitored any values above the priority
cut point for ozone (see 40 CFR 51.150(b)(5)), and is not required at
this point to have a contingency plan for ozone that meets the
requirements of 40 CFR part 51, subpart H. The SIP therefore meets the
requirements of 110(a)(2)(G) for the 1997 ozone NAAQS.
9. Future SIP revisions: Section 110(a)(2)(H) requires that SIPs
provide for revision of such plan (i) from time to time as may be
necessary to take account of revisions of such national primary or
secondary ambient air quality standard or the availability of improved
or more expeditious methods of attaining such standard, and (ii),
except as provided in paragraph (3)(C), whenever the Administrator
finds on the basis of information available to the Administrator that
the SIP is substantially inadequate to attain the NAAQS which it
implements or to otherwise comply with any additional requirements
under this Act.
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory document: Implementation Plan
Review Document, approved by EPA April 19, 1983 (48 FR 16682).
b. EPA analysis: The general provisions in Article 1 of the Wyoming
Environmental Quality Act (Article 1, Chapter 11, Title 35 of the
Wyoming Statutes) and the particular provision in Article 2 at section
35-11-202 of the Wyoming Statutes give the State sufficient authority
to revise the SIP as required by section 110(a)(2)(H).
10. Nonattainment Area Plan or Plan Revision under Part D: Section
110(a)(2)(I) requires that a SIP or SIP revision for an area designated
as a nonattainment area must meet the applicable requirements of part D
of this subchapter (relating to nonattainment areas).
a. EPA analysis for Section 110(a)(2)(I): As noted above, the
specific nonattainment area plan requirements of Section 110(a)(2)(I)
are subject to the timing requirement of Section 172, not the timing
requirement of Section 110(a)(1). This element is therefore not
applicable to this action. EPA will take action on part D attainment
plans through a separate process.
11. Consultation with government officials, public notification,
PSD and visibility protection: Section 110(a)(2)(J) requires that each
SIP meet the applicable requirements of section 121 of this title
(relating to consultation), section 127 of this title (relating to
public notification), and part C of this subchapter (relating to
prevention of significant deterioration of air quality and visibility
protection).
[[Page 29685]]
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory document: Consultation
document, approved by EPA July 2, 1979 (44 FR 38473). Regulatory-
document: 1979 WAQSR, Section 24, Prevention of significant
deterioration, approved by EPA on July 2, 1979 (44 FR 38473); Chapter
7, Section 4, Prevention of significant deterioration, approved by EPA
7/28/04 (69 FR 44965)
b. EPA Analysis:
The State has demonstrated that it has the authority and rules in
place to provide a process of consultation with general purpose local
governments, designated organizations of elected officials of local
governments and any Federal Land Manager having authority over federal
land to which the SIP applies, consistent with the requirements of CAA
section 121. Furthermore, EPA previously approved portions of the
Wyoming SIP meeting the requirements of CAA section 127. (44 FR 38473,
July 2, 1979.)
As noted above, the State has a SIP-approved PSD program. EPA has
further evaluated Wyoming's SIP-approved PSD program in this proposed
action under IV.3, element 110(a)(2)(C). For the same reasons as
discussed in subsection IV.3, EPA proposes to disapprove the Wyoming
infrastructure SIP for the 1997 ozone NAAQS specifically for the
requirement in section 110(a)(2)(J) that the SIP meet the applicable
requirements of part C of title I of the Act, in particular with
regards to the requirement that the PSD program apply to GHG sources in
accordance with the Tailoring Rule.
Finally, with regard to the applicable requirements for visibility
protection, EPA recognizes that states are subject to visibility and
regional haze program requirements under part C of the act. In the
event of the establishment of a new NAAQS, however, the visibility and
regional haze program requirements under part C do not change. Thus we
find that there is no new visibility obligation ``triggered'' under
section 110(a)(2)(J) when a new NAAQS becomes effective.
12. Air quality and modeling/data: Section 110(a)(2)(K) requires
that each SIP provide for (i) the performance of such air quality
modeling as the Administrator may prescribe for the purpose of
predicting the effect on ambient air quality of any emissions of any
air pollutant for which the Administrator has established a NAAQS, and
(ii) the submission, upon request, of data related to such air quality
modeling to the Administrator.
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Regulatory Documents: 1974 WAQSR, Section 21,
Permit requirements for construction, modification and operation,
approved by EPA on June 10, 1975 (40 FR 24726); 1979 WAQSR, Section 24,
Prevention of significant deterioration, approved by EPA on July 2,
1979 (44 FR 38473); Chapter 6, Section 2, Permit requirements for
construction, modification, and operation, approved by EPA on July 28,
2004 (69 FR 44965); Chapter 6, Section 4, Prevention of significant
deterioration, approved by EPA on July 28, 2004 (69 FR 44965).
b. EPA Analysis: Wyoming's SIP meets the requirements of CAA
section 110(a)(2)(K) for the 1997 ozone NAAQS. In particular, Wyoming's
PSD program requires that estimates of ambient air concentrations be
based on applicable air quality models specified in Appendix W of 40
CFR part 51, and that modification or substitution of a model specified
in Appendix W must be approved by the Administrator. (See WAQSR Chapter
6, section 4(b)(iv).) As a result, the SIP provides for such air
quality modeling as the Administrator has prescribed.
13. Permitting fees: Section 110(a)(2)(L) requires SIPs to require
the owner or operator of each major stationary source to pay to the
permitting authority, as a condition of any permit required under this
act, a fee sufficient to cover (i) the reasonable costs of reviewing
and acting upon any application for such a permit, and (ii) if the
owner or operator receives a permit for such source, the reasonable
costs of implementing and enforcing the terms and conditions of any
such permit (not including any court costs or other costs associated
with any enforcement action), until such fee requirement is superseded
with respect to such sources by the Administrator's approval of a fee
program under title V.
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Regulatory Documents: 1993 WAQSR, Section 21,
Permit requirements for construction, modification, and operation,
approved by EPA on 11/29/94 (59 FR 60905); Chapter 6, Section 2, Permit
requirements for construction, modification and operation, approved by
EPA on July 28, 2004 (69 FR 44965).
b. EPA Analysis: Wyoming's approved title V operating permit
program meets the requirements of CAA section 111(a)(2)(L) for the 1997
ozone NAAQS. Final approval of the title V operating permit program
became effective April 23, 1999 (64 FR 8523, Feb. 22, 1990). Interim
approval of Wyoming's title V operating permit program became effective
February 21, 1995 (60 FR 4563, Jan. 19, 1995). As discussed in a
previous direct final rule (which received comments) for interim
approval of the title V program (59 FR 48802, Sept. 23, 1994), the
State demonstrated that the fees collected were sufficient to
administer the program.
14. Consultation/participation by affected local entities: Section
110(a)(2)(M) requires states to provide for consultation and
participation in SIP development by local political subdivisions
affected by the SIP.
a. Wyoming's response to this requirement: Wyoming cited the
following SIP provisions: Non-regulatory document: Intergovernmental
Cooperation Document, approved by EPA on May 31, 1972 (37 FR 10842).
b. EPA Analysis: Wyoming's submittal meets the requirements of CAA
Section 110(a)(2)(M) for the 1997 ozone NAAQS.
V. What action is EPA taking?
In this action, EPA is proposing to approve the following
infrastructure elements for the 1997 ozone NAAQS: (A), (B), (C) with
regards to the requirement to have a minor NSR program, (D)(ii), (E),
(F), (G), (H), (J) with regards to the requirements related to sections
121 and 127 of the Act, (K), (L), and (M).
In this action, EPA also proposes approval of the State's May 11,
2011 submission, updating the Wyoming PSD program to, among other
things, regulate NOX as a precursor to ozone. Contingent on
final approval of these updates, EPA is proposing to approve portions
of infrastructure elements (C) and (J) for the 1997 ozone NAAQS with
regards to the requirement that the State's SIP-approved PSD program
properly regulate ozone precursors.
In this action, EPA is proposing to disapprove the following
infrastructure elements for the 1997 ozone NAAQS:
(C) and (J) with regards to the requirement that the State's PSD
program regulate GHG-emitting sources in accordance with the Tailoring
Rule.
In this action, EPA is taking no action on infrastructure elements
(D)(i), (I), and (J) specifically in regard to visibility, for the 1997
ozone NAAQS.
VI. Statutory and Executive Order Reviews
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)).
[[Page 29686]]
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 approves some state law as meeting Federal
requirements and disapproves other state law because it does not meet
Federal requirements; this proposed action 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 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: May 16, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2011-12600 Filed 5-20-11; 8:45 am]
BILLING CODE 6560-50-P
