Approval and Promulgation of Implementation Plans; Wyoming; Revisions to the Air Quality Standards and Regulations, 41509-41511 [2014-16740]
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules
section 110(a)(2)(M) for the 1997 PM2.5,
2006 PM2.5, and 2008 ozone NAAQS.
V. Proposed Action
We are proposing to approve the
Alaska SIP as meeting the following
CAA section 110(a)(2) infrastructure
elements for the 1997 PM2.5, 2006 PM2.5,
and 2008 ozone NAAQS: (A), (B), (C),
(D)(ii), (E), (F), (H), (J), (K), (L), and (M).
We are also proposing to approve the
Alaska SIP as meeting the requirements
of CAA section 110(a)(2)(D)(i)(II) as it
applies to prevention of significant
deterioration and visibility for the 2006
PM2.5 and 2008 ozone NAAQS. In
addition, we are proposing to approve
the Alaska SIP as meeting the
requirements of CAA section
110(a)(2)(G) for the 2008 ozone NAAQS.
As discussed above, final action is
contingent upon the EPA first taking
final action on the May 5, 2014,
proposed approval of revisions to the
Alaska SIP to reflect changes to the
NAAQS and Federal PSD permitting
requirements (79 FR 25533).
tkelley on DSK3SPTVN1PROD with PROPOSALS
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).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves the state’s law
as meeting Federal requirements and
does not impose additional
requirements beyond those imposed by
the state’s 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);
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• 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
it does not involve technical standards;
and
• Does not provide the 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 Alaska, and the 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, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 3, 2014.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2014–16729 Filed 7–15–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2014–0183; FRL–9913–72–
Region 8]
Approval and Promulgation of
Implementation Plans; Wyoming;
Revisions to the Air Quality Standards
and Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
changes to Wyoming’s State
Implementation Plan (SIP). On February
10, 2014, the Wyoming Department of
Environmental Quality (WDEQ)
submitted to EPA revisions to the
SUMMARY:
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41509
Wyoming SIP. These revisions included
edits to Wyoming Air Quality Standards
and Regulations (WAQSR) Chapter 3,
section 2(d). In this action, EPA is
proposing to approve the revisions of
this provision into the SIP because the
revisions are consistent with Clean Air
Act (CAA) requirements. The revisions
will correct certain deficiencies related
to the correct treatment of excess
emissions from sources. EPA will
address the remaining revisions from
Wyoming’s February 10, 2014
submission in separate actions.
DATES: Comments must be received on
or before August 15, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2014–0183, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• Email: clark.adam@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, 8:00 a.m. to 4:30 p.m., excluding
federal holidays. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2014–
0183. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA, without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
E:\FR\FM\16JYP1.SGM
16JYP1
41510
Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules
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 www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Program, U.S. Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, U.S. Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–7104, clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
tkelley on DSK3SPTVN1PROD with PROPOSALS
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
(ii) The words EPA, we, us or our mean or
refer to the United States Environmental
Protection Agency.
(iii) The initials IBR mean or refer to
incorporation by reference.
(iv) The initials SIP mean or refer to state
implementation plan.
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(v) The initials SSM mean or refer to
startup, shutdown, and malfunction.
(vi) The words State or Wyoming mean the
State of Wyoming, unless the context
indicates otherwise.
(vii) The initials WAQSR mean or refer to
the Wyoming Air Quality Standards and
Regulations.
(viii) The initials WDEQ mean or refer to
the Wyoming Department of Environmental
Quality.
II. Background
and, in accordance with the definition
of ‘‘emission limitations’’ in CAA
section 302(k), such emission
limitations must be continuous. In
addition, under CAA section 304(a), any
person may bring a civil action against
any person alleged to have violated (if
there is evidence that the alleged
violation has been repeated) or to be in
violation of an ‘‘emission standard or
limitation’’ under the CAA. For the
purposes of section 304, ‘‘emission
standard or limitation’’ is defined in
section 304(f) and includes SIP emission
limitations. Thus, SIP emissions
limitations can be enforced in a section
304 action and so must be capable of
enforcement. SIP provisions that create
exemptions such that excess emissions
during startup, shutdown, malfunctions
(SSM) and other conditions are not
violations of the applicable emission
limitations are inconsistent with these
fundamental requirements of the CAA
with respect to emission limitations in
SIPs.
WAQSR Chapter 3, section 2(d)
created an exemption for particulate
matter emissions in excess of a 30
percent opacity standard from diesel
engines during startup, malfunction,
and maintenance. Because this
provision allowed exemptions from the
otherwise applicable SIP emission limit,
it was inconsistent with CAA
requirements.
On June 30, 2011, the Sierra Club
filed with the EPA Administrator a
petition for rulemaking concerning
states’ treatment of excess emissions
from sources during SSM events (the
Petition).1 In the Petition, the Sierra
Club identified existing SIP provisions
in 39 states that the Sierra Club
considered inconsistent with the CAA,
including one provision in the
Wyoming SIP. Specifically, the Sierra
Club argued that WAQSR Chapter 3,
‘‘General Emission Standards,’’ section
2, ‘‘Emission standards for particulate
matter,’’ subsection (d) ‘‘is contrary to
EPA policy for source category specific
rules for startup and shutdown.’’ 2
On February 22, 2013, EPA published
a proposed rulemaking in which (among
other things) we proposed to grant the
Petition as it pertained to WAQSR
Chapter 3, section 2(d). 78 FR 12460,
12533. We concurred with Sierra Club’s
assertion that this provision is
inconsistent with the requirements of
the CAA. For this reason, we proposed
to find that WAQSR Chapter 3, section
2(d) is substantially inadequate to meet
CAA requirements, and concurrently
In accordance with the requirements
of CAA section 110(a)(2)(A), SIPs must
contain enforceable emission limitations
1 The Petition is available to view in the docket
for this action.
2 Id. at 74.
I. General Information
What should I consider as I prepare my
comments for EPA?
1. Submitting Confidential Business
Information (CBI). Do not submit this
information to EPA through
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register, date, and page number);
• Follow directions and organize your
comments;
• Explain why you agree or disagree;
• Suggest alternatives and substitute
language for your requested changes;
• Describe any assumptions and
provide any technical information and/
or data that you used;
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced;
• Provide specific examples to
illustrate your concerns, and suggest
alternatives;
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats; and
• Make sure to submit your
comments by the comment period
deadline identified.
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules
applicable and more enforceable.
Therefore, we are proposing to approve
the removal of this language from the
provision.4
Wyoming also added language to
WAQSR Chapter 3, section 2(d)
clarifying that the provision applies to
both stationary and portable diesel
engines. EPA finds no issue with this
clarifying language and therefore
proposes to approve this change as well.
III. Wyoming Revisions and EPA
Analysis
tkelley on DSK3SPTVN1PROD with PROPOSALS
proposed to issue a SIP call for this
provision.
On February 10, 2014, WDEQ
submitted to EPA SIP revisions that
included the removal of the problematic
language in WAQSR Chapter 3, section
2(d), as well as updates to the State’s
incorporation by reference (IBR) of
federal regulations. The State’s IBR
updates will be acted upon in a separate
rulemaking.
IV. EPA’s Proposed Action
We are proposing to approve the
revisions to WAQSR Chapter 3, section
2(d) of the Wyoming SIP, as reflected in
the State’s February 10, 2014
submission.
Under CAA section 107, states have
the primary authority and responsibility
to develop and implement SIPs that
provide for attainment, maintenance,
and enforcement of the National
Ambient Air Quality Standards and
meet other CAA requirements. Pursuant
to CAA section 110(k), EPA has the
authority and responsibility to review
state SIP submissions to assure that they
meet all applicable requirements. CAA
section 110(l) prohibits EPA from
approving a SIP revision that (among
other things) would interfere with any
applicable requirement of the CAA. In
this instance, the State has elected to
revise its existing SIP by editing a
previously approved provision that
created exemptions from otherwise
applicable emission limitations in the
SIP.
The State made two edits to WAQSR
Chapter 3, section 2(d). Notably, the
sentence that read ‘‘This limitation shall
not apply during a reasonable period of
warmup following a cold start or where
undergoing repairs and adjustment
following malfunction’’ was struck from
the provision.
We consider this change sufficient to
correct the provision’s inadequacy and
to meet the requirements of the CAA.3
As a result of the removal of the
problematic language from WAQSR
Chapter 3, section 2(d), the improper
exemptions from the emissions
limitation contained within this
provision will no longer be available to
sources. EPA’s proposed approval is
also consistent with CAA section 110(l)
because approval will not interfere with
any applicable requirement of the CAA.
Specifically, removal of the exemptions
will not relax the existing emission
limitation in the SIP and will in fact be
more protective. Furthermore, this
revision will render the revised
emissions limitation consistent with the
requirements of the CAA for SIP
provisions by making it continuously
3 For a more in-depth discussion on the
inadequacy of WAQSR Chapter 3, section 2(d), see
our proposed SIP call at 78 FR 12533, February 22,
2013.
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V. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely proposes to approve state
law as meeting federal requirements and
does not impose additional
requirements beyond those imposed by
state law. For that reason, this proposed
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
USC 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
USC 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999); is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
4 We note that if we finalize our proposed
approval of this revision to the Wyoming SIP, it will
have the effect of mooting our proposed SIP call
regarding this provision.
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41511
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 USC 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 24, 2014.
Shaun L. McGrath,
Regional Administrator.
[FR Doc. 2014–16740 Filed 7–15–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF EDUCATION
48 CFR Parts 3401, 3403, 3404, 3405,
3406, 3407, 3408, 3409, 3411, 3413,
3414, 3415, 3416, 3417, 3419, 3422,
3425, 3427, 3428, 3430, 3431, 3432,
3433, 3434, 3437, 3439, 3442, 3444,
3447, 3448, and 3452
[Docket ID ED–2013–OCFO–0078]
RIN 1890–AA18
Department of Education Acquisition
Regulation
Office of the Chief Financial
Officer, Department of Education.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Secretary proposes to
modify the Department of Education
Acquisition Regulation (EDAR) in order
to update it to accurately implement the
current Federal Acquisition Regulation
(FAR) and Department policies.
DATES: The Department must receive
your comments on or before September
15, 2014.
SUMMARY:
E:\FR\FM\16JYP1.SGM
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Agencies
[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Proposed Rules]
[Pages 41509-41511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16740]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2014-0183; FRL-9913-72-Region 8]
Approval and Promulgation of Implementation Plans; Wyoming;
Revisions to the Air Quality Standards and Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve changes to Wyoming's State
Implementation Plan (SIP). On February 10, 2014, the Wyoming Department
of Environmental Quality (WDEQ) submitted to EPA revisions to the
Wyoming SIP. These revisions included edits to Wyoming Air Quality
Standards and Regulations (WAQSR) Chapter 3, section 2(d). In this
action, EPA is proposing to approve the revisions of this provision
into the SIP because the revisions are consistent with Clean Air Act
(CAA) requirements. The revisions will correct certain deficiencies
related to the correct treatment of excess emissions from sources. EPA
will address the remaining revisions from Wyoming's February 10, 2014
submission in separate actions.
DATES: Comments must be received on or before August 15, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2014-0183, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: clark.adam@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, 8:00 a.m. to 4:30 p.m., excluding federal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2014-0183. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA, without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
[[Page 41510]]
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at 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
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Adam Clark, U.S. Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, (303) 312-7104, clark.adam@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 IBR mean or refer to incorporation by
reference.
(iv) The initials SIP mean or refer to state implementation
plan.
(v) The initials SSM mean or refer to startup, shutdown, and
malfunction.
(vi) The words State or Wyoming mean the State of Wyoming,
unless the context indicates otherwise.
(vii) The initials WAQSR mean or refer to the Wyoming Air
Quality Standards and Regulations.
(viii) The initials WDEQ mean or refer to the Wyoming Department
of Environmental Quality.
I. General Information
What should I consider as I prepare my comments for EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit this information to EPA through www.regulations.gov or email.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark
the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register, date, and
page number);
Follow directions and organize your comments;
Explain why you agree or disagree;
Suggest alternatives and substitute language for your
requested changes;
Describe any assumptions and provide any technical
information and/or data that you used;
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced;
Provide specific examples to illustrate your concerns, and
suggest alternatives;
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats; and
Make sure to submit your comments by the comment period
deadline identified.
II. Background
In accordance with the requirements of CAA section 110(a)(2)(A),
SIPs must contain enforceable emission limitations and, in accordance
with the definition of ``emission limitations'' in CAA section 302(k),
such emission limitations must be continuous. In addition, under CAA
section 304(a), any person may bring a civil action against any person
alleged to have violated (if there is evidence that the alleged
violation has been repeated) or to be in violation of an ``emission
standard or limitation'' under the CAA. For the purposes of section
304, ``emission standard or limitation'' is defined in section 304(f)
and includes SIP emission limitations. Thus, SIP emissions limitations
can be enforced in a section 304 action and so must be capable of
enforcement. SIP provisions that create exemptions such that excess
emissions during startup, shutdown, malfunctions (SSM) and other
conditions are not violations of the applicable emission limitations
are inconsistent with these fundamental requirements of the CAA with
respect to emission limitations in SIPs.
WAQSR Chapter 3, section 2(d) created an exemption for particulate
matter emissions in excess of a 30 percent opacity standard from diesel
engines during startup, malfunction, and maintenance. Because this
provision allowed exemptions from the otherwise applicable SIP emission
limit, it was inconsistent with CAA requirements.
On June 30, 2011, the Sierra Club filed with the EPA Administrator
a petition for rulemaking concerning states' treatment of excess
emissions from sources during SSM events (the Petition).\1\ In the
Petition, the Sierra Club identified existing SIP provisions in 39
states that the Sierra Club considered inconsistent with the CAA,
including one provision in the Wyoming SIP. Specifically, the Sierra
Club argued that WAQSR Chapter 3, ``General Emission Standards,''
section 2, ``Emission standards for particulate matter,'' subsection
(d) ``is contrary to EPA policy for source category specific rules for
startup and shutdown.'' \2\
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\1\ The Petition is available to view in the docket for this
action.
\2\ Id. at 74.
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On February 22, 2013, EPA published a proposed rulemaking in which
(among other things) we proposed to grant the Petition as it pertained
to WAQSR Chapter 3, section 2(d). 78 FR 12460, 12533. We concurred with
Sierra Club's assertion that this provision is inconsistent with the
requirements of the CAA. For this reason, we proposed to find that
WAQSR Chapter 3, section 2(d) is substantially inadequate to meet CAA
requirements, and concurrently
[[Page 41511]]
proposed to issue a SIP call for this provision.
On February 10, 2014, WDEQ submitted to EPA SIP revisions that
included the removal of the problematic language in WAQSR Chapter 3,
section 2(d), as well as updates to the State's incorporation by
reference (IBR) of federal regulations. The State's IBR updates will be
acted upon in a separate rulemaking.
III. Wyoming Revisions and EPA Analysis
Under CAA section 107, states have the primary authority and
responsibility to develop and implement SIPs that provide for
attainment, maintenance, and enforcement of the National Ambient Air
Quality Standards and meet other CAA requirements. Pursuant to CAA
section 110(k), EPA has the authority and responsibility to review
state SIP submissions to assure that they meet all applicable
requirements. CAA section 110(l) prohibits EPA from approving a SIP
revision that (among other things) would interfere with any applicable
requirement of the CAA. In this instance, the State has elected to
revise its existing SIP by editing a previously approved provision that
created exemptions from otherwise applicable emission limitations in
the SIP.
The State made two edits to WAQSR Chapter 3, section 2(d). Notably,
the sentence that read ``This limitation shall not apply during a
reasonable period of warmup following a cold start or where undergoing
repairs and adjustment following malfunction'' was struck from the
provision.
We consider this change sufficient to correct the provision's
inadequacy and to meet the requirements of the CAA.\3\ As a result of
the removal of the problematic language from WAQSR Chapter 3, section
2(d), the improper exemptions from the emissions limitation contained
within this provision will no longer be available to sources. EPA's
proposed approval is also consistent with CAA section 110(l) because
approval will not interfere with any applicable requirement of the CAA.
Specifically, removal of the exemptions will not relax the existing
emission limitation in the SIP and will in fact be more protective.
Furthermore, this revision will render the revised emissions limitation
consistent with the requirements of the CAA for SIP provisions by
making it continuously applicable and more enforceable. Therefore, we
are proposing to approve the removal of this language from the
provision.\4\
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\3\ For a more in-depth discussion on the inadequacy of WAQSR
Chapter 3, section 2(d), see our proposed SIP call at 78 FR 12533,
February 22, 2013.
\4\ We note that if we finalize our proposed approval of this
revision to the Wyoming SIP, it will have the effect of mooting our
proposed SIP call regarding this provision.
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Wyoming also added language to WAQSR Chapter 3, section 2(d)
clarifying that the provision applies to both stationary and portable
diesel engines. EPA finds no issue with this clarifying language and
therefore proposes to approve this change as well.
IV. EPA's Proposed Action
We are proposing to approve the revisions to WAQSR Chapter 3,
section 2(d) of the Wyoming SIP, as reflected in the State's February
10, 2014 submission.
V. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 USC 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 USC 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an
economically significant regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 USC 272
note) because application of those requirements would be inconsistent
with the CAA; and,
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 24, 2014.
Shaun L. McGrath,
Regional Administrator.
[FR Doc. 2014-16740 Filed 7-15-14; 8:45 am]
BILLING CODE 6560-50-P