Approval and Promulgation of Air Quality Implementation Plans; State of Wyoming; Sheridan PM10, 4015-4022 [2018-01493]
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Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Proposed Rules
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–1068 to read as
follows:
■
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(a) Safety zones. The following area is
a safety zone:
(1) NOLA Tricentennial French
Quarter Fest, New Orleans, LA—(i)
Location. All navigable waters of the
Lower Mississippi River between mile
marker (MM) 95 and MM 96, above
Head of Passes.
(ii) Effective period. This section is
effective from 7:30 p.m. through 9 p.m.
on April 14, 2018.
16:59 Jan 26, 2018
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Dated: January 22, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the
Port New Orleans.
[FR Doc. 2018–01631 Filed 1–26–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0656; FRL–9972–67–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Wyoming; Sheridan PM10
Nonattainment Area Limited
Maintenance Plan and Redesignation
Request
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to fully
approve the Limited Maintenance Plan
(LMP), submitted by the State of
Wyoming to the EPA on June 2, 2017,
for the Sheridan moderate PM10
nonattainment area (Sheridan NAA) and
concurrently redesignate the Sheridan
NAA to attainment of the National
Ambient Air Quality Standard (NAAQS)
for particulate matter with an
aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM10). In
order to approve the LMP and
SUMMARY:
§ 165.T08–1068 Safety Zones; Lower
Mississippi River, New Orleans, LA.
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(2) [Reserved]
(b) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector New Orleans (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector New
Orleans.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(c) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners of any changes in
the planned schedule.
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redesignation, the EPA is proposing to
determine that the Sheridan NAA has
attained the 1987 24-hour PM10 NAAQS
of 150 mg/m3. This determination is
based upon monitored air quality data
for the PM10 NAAQS during the years
2014–2016. Additionally, the EPA is
proposing to approve the Sheridan LMP
as meeting the appropriate
transportation conformity requirements
found in 40 CFR 93, subpart A.
DATES: Written comments must be
received on or before February 28, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2017–0656 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
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publish any comment received to its
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consider to be Confidential Business
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whose disclosure is restricted by statute.
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etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
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submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
James Hou, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6210,
hou.james@epa.gov.
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II. Background of the Sheridan PM10
Nonattainment Area (Sheridan NAA)
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A. Description of the Sheridan
Nonattainment Area
The Sheridan NAA encompasses the
City of Sheridan, Wyoming, and was
designated nonattainment for the 1987
24-hour PM10 NAAQS and classified as
moderate under sections 107(d)(4)(B),
following enactment of the Clean Air
Act (CAA) Amendments of 1990. See 56
FR 56694 (November 6, 1991). States
containing initial moderate PM10
nonattainment areas were required to
submit, by November 15, 1991, a
moderate nonattainment area State
Implementation Plan (SIP) that, among
other requirements, implemented
Reasonably Available Control Measures
(RACM) by December 10, 1993, and
demonstrated whether it was practicable
to attain the PM10 NAAQS by December
31, 1994. See generally 57 FR 13498
(April 16, 1992); see also 57 FR 18070
(April 28, 1992).
The State of Wyoming submitted an
initial PM10 SIP to the EPA on August
28, 1989, and subsequently submitted
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eight additional submittals between
1989 and 1991. The State of Wyoming’s
SIP for the Sheridan moderate
nonattainment area included, among
other things: A comprehensive
emissions inventory; RACM; a
demonstration that attainment of the
PM10 NAAQS would be achieved in
Sheridan by December 31, 1994;
Reasonable Further Progress (RFP)
requirements; and control measures that
satisfy the contingency measures
requirement of section 172(c)(9) of the
CAA.
III. Requirements for Redesignation
A. CAA Requirements for Redesignation
of Nonattainment Areas
Nonattainment areas can be
redesignated to attainment after the area
has measured air quality data showing
it has attained the NAAQS and when
certain planning requirements are met.
Section 107(d)(3)(E) of the CAA, and the
General Preamble to Title I provide the
criteria for redesignation. See 57 FR
13498 (April 16, 1992). These criteria
are further clarified in a policy and
guidance memorandum from John
Calcagni, Director, Air Quality
Management Division, EPA Office of Air
Quality Planning and Standards dated
September 4, 1992, ‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment.’’ 1 The criteria for
redesignation are:
(1) The Administrator has determined
that the area has attained the applicable
NAAQS;
(2) The Administrator has fully
approved the applicable SIP for the area
under section 110(k) of the CAA;
(3) The state containing the area has
met all requirements applicable to the
area under section 110 and part D of the
CAA;
(4) The Administrator has determined
that the improvement in air quality is
due to permanent and enforceable
reductions in emissions; and
(5) The Administrator has fully
approved a maintenance plan for the
area as meeting the requirements of
section 175A of the CAA.
B. The LMP Option for PM10
Nonattainment Areas
On August 9, 2001, the EPA issued
guidance on streamlined maintenance
plan provisions for certain moderate
PM10 nonattainment areas seeking
redesignation to attainment (Memo from
1 The ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment’’ (Calcagni memo)
outlines the criteria for redesignation. The Calcagni
memo can be found at https://www.epa.gov/sites/
production/files/2016-03/documents/calcagni_
memo_-_procedures_for_processing_requests_to_
redesignate_areas_to_attainment_090492.pdf.
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Lydia Wegman, Director, Air Quality
Standards and Strategies Division,
entitled ‘‘Limited Maintenance Plan
Option for Moderate PM10
Nonattainment Areas,’’ (hereafter the
LMP Option memo)).2 The LMP Option
memo contains a statistical
demonstration that areas meeting
certain air quality criteria will, with a
high degree of probability, maintain the
standard 10 years into the future. Thus,
the EPA has already provided the
maintenance demonstration for areas
meeting the criteria outlined in the LMP
Option memo. It follows that future year
emission inventories for these areas, and
some of the standard analyses to
determine transportation conformity
with the SIP are no longer necessary.
To qualify for the LMP Option, the
area should have attained the 1987 24hour PM10 NAAQS, the average annual
PM10 design value for the area, based
upon the most recent five years of air
quality data at all monitors in the area,
should be at or below 40 mg/m3, and the
24-hour design value should be at or
below 98 mg/m3. The annual PM10
standard was effectively revoked on
December 18, 2006 (71 FR 61143), and
as such will not be discussed as a
requirement for qualifying for the LMP
option. In addition, the area should
expect only limited growth in on-road
motor vehicle PM10 emissions
(including fugitive dust) and should
have passed a motor vehicle regional
emissions analysis test. The LMP
Option memo also identifies core
provisions that must be included in the
LMP. These provisions include an
attainment year emissions inventory,
assurance of continued operation of an
EPA-approved air quality monitoring
network, and contingency provisions.
C. Conformity Under the LMP Option
The transportation conformity rule
(40 CFR parts 51 and 93) and the general
conformity rule (40 CFR parts 51 and
93) apply to nonattainment areas and
maintenance areas covered by an
approved maintenance plan. Under
either conformity rule, an acceptable
method of demonstrating that a federal
action conforms to the applicable SIP is
to demonstrate that expected emissions
from the planned action are consistent
with the emissions budget for the area.
While the EPA’s LMP Option does not
exempt an area from the need to affirm
conformity, it explains that the area may
demonstrate conformity without
submitting an emissions budget. Under
the LMP Option, emissions budgets are
treated as essentially not constraining
for the length of the maintenance period
because it is unreasonable to expect that
the qualifying areas would experience
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so much growth in that period that a
violation of the PM10 NAAQS would
result. For transportation conformity
purposes, the EPA would conclude that
emissions in these areas need not be
capped for the maintenance period; and
therefore, a regional emissions analysis
would not be required. Similarly,
federal actions subject to the general
conformity rule could be considered to
satisfy the ‘‘budget test’’ specified in 40
CFR 93.158(a)(5)(i)(A) for the same
reasons that the budgets are essentially
considered not limited.
IV. Review of the Wyoming State
Submittal Addressing the Requirements
for Redesignation and Limited
Maintenance Plans
A. Has the Sheridan NAA attained the
applicable NAAQS?
States must demonstrate that an area
has attained the 24-hour PM10 NAAQS
through analysis of ambient air quality
data from an ambient air monitoring
network representing peak PM10
concentrations. The data should be
stored in the EPA Air Quality System
(AQS) database. The EPA is proposing
to determine that the Sheridan NAA has
attained the PM10 NAAQS based on
monitoring data from calendar years
2014–2016. The 24-hour standard is
attained when the expected number of
days with levels above 150 mg/m3
(averaged over a three-year period) is
less than or equal to one. 40 CFR
50.6(a). Three consecutive years of air
quality data are generally necessary to
show attainment of the 24-hour and
annual standards for PM10. See 40 CFR
part 50, appendix K. A complete year of
air quality data, as referred to in 40 CFR
part 50, appendix K, is comprised of all
four calendar quarters with each quarter
containing data from at least 75 percent
of the scheduled sampling days.
The Sheridan NAA has two State and
Local Air Monitoring Stations (SLAMS)
monitors operated by the Wyoming
Department of Environmental Quality
(WDEQ). Table 1 summarizes the PM10
data collected from 2012–2016. The
EPA deems the data collected from
these monitors valid, and the data has
been submitted by the WDEQ to be
included in AQS.
TABLE 1—SUMMARY OF MAXIMUM 24-HOUR PM10 CONCENTRATIONS μg/m3 FOR SHERIDAN 2012–2016
[Based on data from Sheridan Police Station, AQS Identification Number 56–033–0002]
Maximum
concentration
(μg/m3)
Year
2012
2013
2014
2015
2016
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
The PM10 concentrations reported at
the Sheridan monitoring sites showed
no measured exceedances of the 24-hour
PM10 NAAQS, and as such, the EPA
proposes to determine that the Sheridan
Moderate NAA has attained the
standard for the 24-hour PM10 NAAQS.
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B. Does the Sheridan NAA have a fully
approved SIP under CAA section
110(k)?
In order to qualify for redesignation,
the SIP for the area must be fully
approved under CAA section 110(k),
and must satisfy all requirements that
apply to the area. Section 107(d)(4)(B) of
the CAA contains requirements and
milestones for all initial moderate
nonattainment area SIPs including: (1)
Provisions to assure that RACM
(including such reductions in emissions
from existing sources in the area as may
be obtained through the adoption, at a
minimum, of Reasonably Available
Control Technology—RACT) shall be
implemented no later than December
10, 1993; (2) A demonstration
(including air quality modeling) that the
plan will provide for attainment as
expeditiously as practicable by no later
than December 31, 1994, or, where the
state is seeking an extension of the
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75
57
47
73
54
attainment date under section 188(e), a
demonstration that attainment by
December 31, 1994, is impracticable and
that the plan provides for attainment by
the most expeditious alternative date
practicable (CAA sections 189(a)(1)(A));
(3) Quantitative milestones which are to
be achieved every three years and which
demonstrate RFP toward attainment by
December 31, 1994, (CAA sections
172(c)(2) and 189(c)); and (4)
Contingency measures to be
implemented if the area fails to make
RFP or attain by its attainment deadline.
These contingency measures are to take
effect without further action by the State
or the EPA. (CAA section 172(c)(9)).
As stated above, on June 23, 1994, the
EPA approved Sheridan’s moderate area
plan including RACM, an attainment
demonstration, emissions inventory,
quantitative milestones, and control and
contingency measure requirements. As
such, the area has a fully approved
nonattainment area SIP under section
110(k) of the CAA.
C. Has the State met all applicable
requirements under section 110 and
Part D of the CAA?
Section 107(d)(3)(E) of the CAA
requires that a state containing a
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2nd Maximum
concentration
(μg/m3)
73
52
45
73
48
Number of
exceedances
0
0
0
0
0
Monitoring site
Police
Police
Police
Police
Police
Station.
Station.
Station.
Station.
Station.
nonattainment area must meet all
applicable requirements under section
110 and Part D of the CAA for an area
to be redesignated to attainment. The
EPA interprets this to mean that the
state must meet all requirements that
applied to the area prior to, and at the
time of, the submission of a complete
redesignation request. The following is
a summary of how Wyoming meets
these requirements.
(1) CAA Section 110 Requirements
Section 110(a)(2) of the CAA contains
general requirements for nonattainment
plans. These requirements include, but
are not limited to, submittal of a SIP that
has been adopted by the state after
reasonable notice and public hearing;
provisions for establishment and
operation of appropriate apparatus,
methods, systems and procedures
necessary to monitor ambient air
quality; implementation of a permit
program; provisions for Part C—
Prevention of Significant Deterioration
(PSD) and Part D—New Source Review
(NSR) permit programs; criteria for
stationary source emission control
measures, monitoring and reporting,
provisions for modeling; and provisions
for public and local agency
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participation. See the General Preamble
for further explanation of these
requirements. 57 FR 13498 (April 16,
1992).
For purposes of redesignation, the
EPA’s review of the Wyoming SIP
shows that the State has satisfied all
requirements under section 110(a)(2) of
the CAA. Further, in 40 CFR 52.2622,
the EPA has approved Wyoming’s plan
for the attainment and maintenance of
the national standards under section
110.
(2) Part D Requirements
Part D contains general requirements
applicable to all areas designated
nonattainment. The general
requirements are followed by a series of
subparts specific to each pollutant. All
PM10 nonattainment areas must meet
the general provisions of Subpart 1 and
the specific PM10 provisions in Subpart
4, ‘‘Additional Provisions for Particulate
Matter Nonattainment Areas.’’ The
following paragraphs discuss these
requirements as they apply to the
Sheridan NAA.
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(3) Subpart 1, Section 172(c)
Subpart 1, section 172(c) contains
general requirements for nonattainment
area plans. A thorough discussion of
these requirements may be found in the
General Preamble. See 57 FR 13538
(April 16, 1992). CAA section 172(c)(2)
requires nonattainment plans to provide
for RFP. Section 171(1) of the CAA
defines RFP as ‘‘such annual
incremental reductions in emissions of
the relevant air pollutant as are required
by this part (part D of title I) or may
reasonably be required by the
Administrator for the purpose of
ensuring attainment of the applicable
national ambient air quality standard by
the applicable date.’’ Wyoming
submitted their first quantitative
milestone report on March 29, 1995.
Since the EPA is proposing to determine
that the Sheridan NAA is in attainment
of the PM10 NAAQS, we believe that no
further showing of RFP or quantitative
milestones is necessary.
(4) Section 172(c)(3)—Emissions
Inventory Section
Section 172(c)(3) of the CAA requires
a comprehensive, accurate, current
inventory of actual emissions from all
sources in the Sheridan PM10
nonattainment area. Wyoming included
an emissions inventory for the calendar
year 2014 with its DATE? submittal of
the LMP for the Sheridan NAA. Based
on the inventory preparation plan for
the PM10 2014 base year emissions
inventory, which includes windblown
dust sources, the 2014 base year
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emissions inventory is current, accurate
and comprehensive; and therefore,
meets the requirements of Section
172(c)(3) of the CAA.
(5) Section 172(c)(5)—NSR
The 1990 CAA Amendments
contained revisions to the NSR program
requirements for the construction and
operation of new and modified major
stationary sources located in
nonattainment areas. The CAA requires
states to amend their SIPS to reflect
these revisions, but does not require
submittal of this element along with the
other SIP elements. The CAA
established June 30, 1992, as the
submittal date for the revised NSR
programs (Section 189 of the CAA). In
lieu of instituting NSR regulations for
construction in the Sheridan NAA, the
State of Wyoming chose to institute a
construction ban on major sources for
the Sheridan NAA, which was deemed
to have satisfied the NSR requirements,
and was approved into the Wyoming
SIP on November 29, 1994 (59 FR
60931).
(6) Section 172(c)(7)—Compliance With
CAA Section 110(a)(2): Air Quality
Monitoring Requirements
Once an area is redesignated, the state
must continue to operate an appropriate
air monitoring network in accord with
40 CFR part 58 to verify attainment
status of the area. The State of Wyoming
and the City of Sheridan operate two
PM10 SLAMS in the Sheridan NAA.
Both monitoring sites meet EPA SLAMS
network design and siting requirements
set forth at 40 CFR part 58, appendices
D and E. The Police Station monitor has
been in continuous operation since
1985, while the second monitoring
station has been moved several times
since 1998, but is currently sited at the
Meadowlark Elementary School. In
Section 6.6 of the LMP that we are
proposing to approve, the State commits
to continued operation of the
monitoring network.
(7) Section 172(c)(9)—Contingency
Measures
The CAA requires that contingency
measures take effect if the area fails to
meet RFP requirements or fails to attain
the NAAQS by the applicable
attainment date. Since the Sheridan
NAA attained the 1987 24-hour PM10
NAAQS by the applicable attainment
date of December 31, 1994, contingency
measures are no longer required under
Section 172(c)(9) of the CAA. However,
contingency provisions are required for
maintenance plans under Section
175(a)(d). We describe the contingency
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provisions Wyoming provided in the
Sheridan LMP below.
(8) Part D Subpart 4
Part D Subpart 4, Section 189(a), (c)
and (e) requirements apply to any
moderate nonattainment area before the
area can be redesignated to attainment.
The requirements which were
applicable prior to the submission of the
request to redesignate the area must be
fully approved into the SIP before
redesignating the area to attainment.
These requirements include: (a)
Provisions to assure that RACM was
implemented by December 10, 1993; (b)
Either a demonstration that the plan
provided for attainment as
expeditiously as practicable but not
later than December 31, 1994, or a
demonstration that attainment by that
date was impracticable; (c) Quantitative
milestones which were achieved every
three years and which demonstrate RFP
toward attainment by December 31,
1994; and (d) Provisions to assure that
the control requirements applicable to
major stationary sources of PM10 also
apply to major stationary sources of
PM10 precursors except where the
Administrator determined that such
sources do not contribute significantly
to PM10 levels which exceed the
NAAQS in the area. These provisions
were fully approved into the SIP upon
the EPA’s approval of the PM10
moderate area plan for the Sheridan
NAA on June 23, 1994 (See 59 FR
32370), and the EPA is proposing to
approve the attainment demonstration,
based on the maintenance
demonstration submitted with the LMP,
in this action.
D. Has the state demonstrated that the
air quality improvement is due to
permanent and enforceable reductions?
The state must be able to reasonably
attribute the improvement in air quality
to permanent and enforceable emission
reductions. In making this showing, the
state must demonstrate that air quality
improvements are the result of actual
enforceable emission reductions. This
showing should consider emission rates,
production capacities, and other related
information. The analysis should
assume that sources are operating at
permitted levels (or historic peak levels)
unless evidence is presented that such
an assumption is unrealistic. Permanent
and enforceable control measures in the
Sheridan NAA SIP include RACM.
Emission sources in the Sheridan NAA
have been implementing RACM for at
least 10 years. In the EPA’s approval of
the Sheridan attainment plan on June
23, 1994, the EPA acknowledged that
the primary source category
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contributing to the PM10 nonattainment
problem in Sheridan was fugitive road
dust. The State demonstrated that, by
applying the control measure, the
’’Sanding Winter Maintenance Plan’’
(SWMP), to designated streets during
the Winter season, Sheridan would
effectively control fugitive road dust;
and thus, be in attainment by December
31, 1994. The State has noted that there
have been updates to the SWMP, that
are congruent with the original SWMP.
However, in the intervening years since
the approval of the Sheridan NAA
attainment plan, many of the roads
which were unpaved, have now been
paved, allowing for plowing of the roads
as opposed to frequent sanding. In the
instances where sanding is still applied,
it is applied consistent with the 1994
SWMP, as noted in section 3.3 of the
Sheridan LMP.
Areas that qualify for the LMP will
meet the NAAQS, even under worst
case meteorological conditions. Under
the LMP option, the maintenance
demonstration is presumed to be
satisfied if an area meets the qualifying
criteria. Thus, by qualifying for the
LMP, Wyoming has demonstrated that
the air quality improvements in the
Sheridan area are the result of
permanent emission reductions and not
a result of either economic trends or
meteorology. A description of the LMP
qualifying criteria and how the Sheridan
area meets these criteria is provided in
the following section.
E. Does the area have a fully approved
maintenance plan pursuant to Section
175A of the CAA?
In this action, we are proposing to
approve the Limited Maintenance Plan
in accordance with the principles
outlined in the LMP Option.
F. Has the state demonstrated that the
Sheridan NAA qualifies for the LMP
Option?
The LMP Option memo outlines the
requirements for an area to qualify for
the LMP Option. First, the area should
be attaining the NAAQS. As stated
above in Section IV.A., the EPA has
determined that the Sheridan NAA is
attaining the PM10 NAAQS, based upon
2014–2016 data, and has had no
exceedances between the years 2008–
2016.
Second, the average design value
(ADV) for the past five years of
monitoring data (2012–2016) must be at
or below the critical design value (CDV).
The CDV is a margin of safety value and
is the value at which an area has been
determined to have a 1 in 10 probability
of exceeding the NAAQS. The LMP
Option memo provides two methods for
review of monitoring data for the
purpose of qualifying for the LMP
option. The first method is a
comparison of a site’s ADV with the
CDV of 98 mg/m3 for the 24-hour PM10
NAAQS. A second method that applies
to the 24-hour PM10 NAAQS is the
calculation of a site-specific CDV and a
comparison of the site-specific CDV
with the ADV for the past five years of
monitoring data. Table 2 outlines the
design values for the years 2012–2016,
and presents the ADV.
TABLE 2—SUMMARY OF 24-HOUR PM10 DESIGN VALUES (μG/m3) FOR SHERIDAN 2012–2016
[Based on data from Sheridan Police Station and Meadowlark Elementary, AQS Identification Number 56–033–0002 and 56–033–1003]
Design value
μg/m3)
Design value years
2012–2014
2013–2015
2014–2016
2012–2014
2013–2015
2014–2016
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
60
57
72
(*)
72
72
Average DV based on highest DVs .................................................................................................................................
Monitoring site
Police Station.
Police Station.
Police Station.
Meadowlark Elementary.
Meadowlark Elementary.
Meadowlark Elementary.
68 μg/m3.
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* The Meadowlark School monitor was installed on July 2012, and therefore missing the first two quarters in 2012. The 2012–2014 DV from
the Police Station monitor was used to calculate the ADV for the NAA.
The ADV for the 24-hour PM10
NAAQS for Sheridan, based on data
from the collocated SLAMS monitors for
the years 2012–2016, is 68 mg/m3. This
value falls below the presumptive 24hour CDV of 98 mg/m3. Therefore,
Sheridan meets the design value criteria
outlined in the LMP Option memo. For
the 2012–2016 ADV calculations for
PM10 in Sheridan, please see the
supporting documents in the docket.3
Third, the area must meet the motor
vehicle regional emissions analysis test
in attachment B of the LMP Option
memo. Using the methodology outlined
in the memo, based on monitoring data
for the period 2014–2016, the EPA has
determined that the Sheridan NAA
passes the motor vehicle regional
emissions analysis test. For the
calculations used to determine that
Sheridan has passed the motor vehicle
regional analysis test, see the supporting
documents in the docket.4
The monitoring data for the period
2014–2016 shows that Sheridan has
attained the NAAQS for PM10, the 24hour ADV for Sheridan is less than the
24-hour PM10 CDV. Finally, the area has
met the regional vehicle emissions
analysis test. Thus, the Sheridan NAA
qualifies for the LMP Option described
in the LMP Option memo. The LMP
Option memo also indicates that once a
state selects the LMP Option and it is in
effect, the state will be expected to
determine, on an annual basis, that the
LMP criteria are still being met. If the
3 See memo to file dated November 17, 2017 titled
‘‘PM10 24-hour Design Concentration for Sheridan
Wyoming.’’
4 See memo to file dated December 4, 2017, title
‘‘Sheridan Motor Vehicle Regional Emissions
Analysis.’’
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state determines that the LMP criteria
are not being met, it should take action
to reduce PM10 concentrations enough
to requalify for the LMP. One possible
approach the state could take is to
implement contingency measures.
Please see Section 6.3. for a description
of contingency provisions submitted as
part of the State’s submittal.
G. Does the state have an approved
attainment emissions inventory which
can be used to demonstrate attainment
of the NAAQS?
The state’s approved attainment plan
should include an emissions inventory
(attainment inventory) which can be
used to demonstrate attainment of the
NAAQS. The inventory should
represent emissions during the same
five-year period associated with air
quality data used to determine whether
the area meets the applicability
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requirements of the LMP Option. The
state should review its inventory every
three years to ensure emissions growth
is incorporated in the attainment
inventory if necessary. In this instance,
Wyoming completed an attainment year
inventory for the attainment year 2014.
The EPA has reviewed the 2014
emissions inventory and determined
that it is current, accurate and complete.
The EPA has also reviewed monitoring
data for the years 2012–2016, and
determined that the 2014 emissions
inventory is representative of the
attainment year inventory since the
NAAQS was not violated during 2014.
In addition, the emissions inventory
submitted with the LMP for the calendar
year 2014 is representative of the level
of emissions during the time period
used to calculate the average design
value since 2014 is included in the fiveyear period used to calculate the design
value (2012–2016). As stated above in
Section IV.C.4., the 2014 emissions
inventory meets the requirements of
Section 172(c)(3) of the CAA, and the
requirements for emissions inventory in
Table 3.1 of the EPA document entitled
PM10 Emission Inventory Requirements,
Final Report.
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H. Does the LMP include an assurance
of continued operation of an
appropriate EPA-approved air quality
monitoring network, in accordance with
40 CFR Part 58?
A PM10 monitoring network was
established in the Sheridan NAA in
1984. Since that time, the Police Station
monitor has been in continuous
operation, while the neighborhood
monitor has been moved several times
since 1998. The neighborhood monitor
is currently sited at the Meadowlark
Elementary School. The monitoring
network was developed and has been
maintained in accordance with federal
siting and design criteria in 40 CFR part
58, Appendices D and E and in
consultation with EPA Region 8.
Currently, there are two PM10/PM2.5
SLAMS/National Air Monitoring
Stations (NAMS) monitors in the
Sheridan NAA. In Section 6.6 of the
Sheridan LMP, Wyoming states that it
will continue to operate its monitoring
network to meet EPA requirements.
I. Does the plan meet the CAA
requirements for contingency provisions
for maintenance plans?
Section 175A of the CAA states that
a maintenance plan must include
contingency provisions, as necessary, to
promptly correct any violation of the
NAAQS which may occur after
redesignation of the area to attainment.
As explained in the LMP Option memo,
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these contingency measures do not have
to be fully adopted at the time of
redesignation. As noted above, CAA
section 175A requirements are distinct
from CAA section 172(c)(9) contingency
measures. Section 6.3 of the Sheridan
Limited Maintenance Plan describes a
process and timeline to identify and
evaluate appropriate contingency
measures in the event of a quality
assured violation of the PM10 NAAQS.
Upon notification of a PM10 exceedance,
the AQD and local government staff in
the Sheridan area will develop
appropriate contingency measure(s)
intended to prevent or correct a
violation of the PM10 standard.
Information about historical
exceedances of the standard, the
meteorological conditions related to the
recent exceedance(s), and the most
recent estimates of growth and
emissions will be reviewed. The
possibility that an exceptional event
occurred will also be evaluated. The
AQD will notify the EPA Region 8
within 45 days of any exceedance.
Usually, upon notification to the
Region, the AQD will indicate whether
it believes that the event could be
exceptional. If the event is considered
eligible for data exclusion by the AQD,
the AQD then provides official
notification per the CFR (40 CFR 50.14)
by flagging the affected data and
providing a description with the
quarterly data uploaded to AQS (90
days after the end of the quarter in
which the event took place).
Additionally, under the 2016 revisions
to the Treatment of Data Influenced by
Exceptional Events Rule (81 FR 68216),
the AQD would confer with EPA Region
8 regarding whether the flagged event
would meet the criteria of a regulatory
decision, and if so, a determination
would be made on whether to move
forward with producing a
demonstration. This process will be
completed within six months of the
exceedance notification. If a violation of
the PM10 NAAQS has occurred, a public
hearing process at the State and local
level will begin. Contingency measures
will be adopted and fully implemented
within one year of a PM10 NAAQS
violation. Any State-enforceable
measures will become part of the next
revised maintenance plan, submitted to
the EPA for approval.
Potential contingency provisions
identified in the Sheridan LMP include
the following:
• Re-implementing the voluntary
wood burning curtailment program.
• Re-implementing the wood burning
public information campaign.
• Mandatory wood burning
curtailment.
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• Bans on all wood burning.
• Implementing nonattainment new
source review regulations for the City of
Sheridan.
• Re-establishing the construction
ban on major stationary sources that had
been removed from Wyoming’s State
Implementation Plan.
• Paving the remaining unpaved
roads within the City of Sheridan.
• Other restrictions/regulations/
action plans involving stationary
sources based on the consideration of
cost-effectiveness, PM10 emission
reduction potential, economic and
social considerations, or other factors
that the State deems appropriate.
• Coordination with the Wyoming
Department of Transportation/local
transit agency regarding roadwork and
transportation control measures.
The current and proposed
contingency provisions in Sheridan’s
LMP meet the requirements for
contingency provisions as outlined in
the LMP Option memo.
J. Has the state met transportation
conformity requirements?
(1) Transportation Conformity
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS (CAA
section 176(c)(1)(B)). The EPA’s
conformity rule at 40 CFR part 93,
subpart A requires that transportation
plans, programs and projects conform to
SIPs and establishes the criteria and
procedures for determining whether or
not they conform. To effectuate its
purpose, the conformity rule requires a
demonstration that emissions from the
Regional Transportation Plan, if
applicable, and the Transportation
Improvement Program are consistent
with the motor vehicle emission budget
(MVEB) contained in the control
strategy SIP revision or maintenance
plan (40 CFR 93.101, 93.118, and
93.124). The EPA notes that a MVEB is
typically defined as the level of mobile
source emissions of a pollutant relied
upon in the attainment or maintenance
demonstration to attain or maintain
compliance with the NAAQS in the
nonattainment or maintenance area.5
MVEBs are, however, treated differently
with respect to LMP areas.
We note that under our LMP Option
memorandum, MVEBs are not required
5 Further information concerning the EPA’s
interpretations regarding MVEBs can be found in
the preamble to the EPA’s November 24, 1993,
transportation conformity rule (see 58 FR 62193–
62196).
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to be identified in the maintenance
plan. While the EPA’s LMP Option
memo does not exempt an area from the
need to affirm conformity, it explains
that the area may demonstrate
transportation conformity without
identifying and submitting a MVEB. The
basis for this provision in the LMP
Option memorandum is that it is
unreasonable to expect that an LMP area
will experience so much growth during
the maintenance period that a violation
of the PM10 NAAQS would result.
Therefore, for transportation conformity
purposes, the EPA has concluded that
mobile source emissions in LMP areas
need not be capped, with respect to a
MVEB, for the maintenance period and
a regional emissions analysis (40 CFR
93.118), for transportation conformity
purposes, is also not required.
However, since LMP areas are still
maintenance areas, certain aspects of
the EPA’s transportation conformity rule
will continue to be required for
transportation projects located within
the Sheridan PM10 maintenance area.
Specifically, for conformity
determinations, projects will have to
demonstrate that they are fiscally
constrained (40 CFR 93.108) and meet
the criteria for consultation and timely
implementation (as applicable) of
Transportation Control Measures (40
CFR 93.112 and 40 CFR 93.113,
respectively). In addition, projects
located within the Sheridan PM10 LMP
area will be required to be evaluated for
potential PM10 hot-spot issues in order
to satisfy the ‘‘project level’’ conformity
determination requirements. As
appropriate, a project may then need to
address the applicable criteria for a
PM10 hot-spot analysis as provided in 40
CFR 93.116 and 40 CFR 93.123.
Finally, our proposed approval of the
Sheridan PM10 LMP affects future PM10
project-level transportation conformity
determinations as prepared by the
Wyoming Department of Transportation
in conjunction with the Federal
Highway Administration and the
Federal Transit Administration. See 40
CFR 93.100. As such, the EPA is
proposing to approve the Sheridan LMP
as meeting the appropriate
transportation conformity requirements
found in 40 CFR 93, subpart A.
Wyoming’s general conformity rule.6
Wyoming’s general conformity rule
requirements are designed to ensure that
emissions from a federal action will not
cause or contribute to new violations of
the NAAQS, exacerbate current
violations, or delay timely attainment.
However, as noted in our LMP Option
memorandum, and similar to the above
discussed transportation conformity
provisions, federal actions subject to
Wyoming’s general conformity rule
would be considered to satisfy the
‘‘budget test,’’ as specified in WAQSR
Chapter 8, Section 3(c)(vii)(C) of the
rule. As discussed above, the basis for
this provision in the LMP Option
memorandum is that it is unreasonable
to expect that an LMP area will
experience so much growth during the
maintenance period that a violation of
the PM10 NAAQS would result.
Therefore, for purposes of general
conformity, a general conformity PM10
emissions budget does not need to be
identified in the maintenance plan, nor
submitted, and the emissions from
federal agency actions are essentially
considered to not be limited.
V. The EPA’s Proposed Action
For the reasons explained in Section
IV, we are proposing to approve the
LMP for the Sheridan NAA and the
State’s request to redesignate the
Sheridan NAA from nonattainment to
attainment for the 1987 24-hour PM10
NAAQS. Additionally, the EPA is
proposing to determine that the
Sheridan NAA has attained the NAAQS
for PM10. This determination is based
upon monitored air quality data for the
PM10 NAAQS during the years 2014–
2016. Lastly, the EPA is proposing to
approve the Sheridan LMP as meeting
the appropriate transportation
conformity requirements found in 40
CFR 93, subpart A.
(2) General Conformity
VI. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations
(42 U.S.C. 7410(k), 40 CFR 52.02(a)).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
Federal actions, other than
transportation conformity, that meet
specific criteria need to be evaluated
with respect to the requirements of
6 Wyoming Air Quality Standards and
Regulations (WAQSR), Chapter 8, Section 3,
General Conformity (as approved by the EPA; 78 FR
49685, August 15, 2013.)
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4021
action merely approves state law as
meeting 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 Orders 12866 (58 FR 51735,
Oct. 4, 1993);
• Is not expected to be an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866; 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 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
January 22, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018–01493 Filed 1–26–18; 8:45 am]
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]]>Agencies
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Proposed Rules]
[Pages 4015-4022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01493]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2017-0656; FRL-9972-67-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Wyoming; Sheridan PM10 Nonattainment Area Limited Maintenance
Plan and Redesignation Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
fully approve the Limited Maintenance Plan (LMP), submitted by the
State of Wyoming to the EPA on June 2, 2017, for the Sheridan moderate
PM10 nonattainment area (Sheridan NAA) and concurrently
redesignate the Sheridan NAA to attainment of the National Ambient Air
Quality Standard (NAAQS) for particulate matter with an aerodynamic
diameter less than or equal to a nominal 10 micrometers
(PM10). In order to approve the LMP and redesignation, the
EPA is proposing to determine that the Sheridan NAA has attained the
1987 24-hour PM10 NAAQS of 150 [micro]g/m\3\. This
determination is based upon monitored air quality data for the
PM10 NAAQS during the years 2014-2016. Additionally, the EPA
is proposing to approve the Sheridan LMP as meeting the appropriate
transportation conformity requirements found in 40 CFR 93, subpart A.
DATES: Written comments must be received on or before February 28,
2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2017-0656 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full the
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: James Hou, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6210,
[email protected].
SUPPLEMENTARY INFORMATION:
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 the EPA through https://www.regulations.gov or email.
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 the 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
[[Page 4016]]
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 volume,
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 of the Sheridan PM10 Nonattainment Area
(Sheridan NAA)
A. Description of the Sheridan Nonattainment Area
The Sheridan NAA encompasses the City of Sheridan, Wyoming, and was
designated nonattainment for the 1987 24-hour PM10 NAAQS and
classified as moderate under sections 107(d)(4)(B), following enactment
of the Clean Air Act (CAA) Amendments of 1990. See 56 FR 56694
(November 6, 1991). States containing initial moderate PM10
nonattainment areas were required to submit, by November 15, 1991, a
moderate nonattainment area State Implementation Plan (SIP) that, among
other requirements, implemented Reasonably Available Control Measures
(RACM) by December 10, 1993, and demonstrated whether it was
practicable to attain the PM10 NAAQS by December 31, 1994.
See generally 57 FR 13498 (April 16, 1992); see also 57 FR 18070 (April
28, 1992).
The State of Wyoming submitted an initial PM10 SIP to
the EPA on August 28, 1989, and subsequently submitted eight additional
submittals between 1989 and 1991. The State of Wyoming's SIP for the
Sheridan moderate nonattainment area included, among other things: A
comprehensive emissions inventory; RACM; a demonstration that
attainment of the PM10 NAAQS would be achieved in Sheridan
by December 31, 1994; Reasonable Further Progress (RFP) requirements;
and control measures that satisfy the contingency measures requirement
of section 172(c)(9) of the CAA.
III. Requirements for Redesignation
A. CAA Requirements for Redesignation of Nonattainment Areas
Nonattainment areas can be redesignated to attainment after the
area has measured air quality data showing it has attained the NAAQS
and when certain planning requirements are met. Section 107(d)(3)(E) of
the CAA, and the General Preamble to Title I provide the criteria for
redesignation. See 57 FR 13498 (April 16, 1992). These criteria are
further clarified in a policy and guidance memorandum from John
Calcagni, Director, Air Quality Management Division, EPA Office of Air
Quality Planning and Standards dated September 4, 1992, ``Procedures
for Processing Requests to Redesignate Areas to Attainment.'' \1\ The
criteria for redesignation are:
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\1\ The ``Procedures for Processing Requests to Redesignate
Areas to Attainment'' (Calcagni memo) outlines the criteria for
redesignation. The Calcagni memo can be found at https://www.epa.gov/sites/production/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf.
---------------------------------------------------------------------------
(1) The Administrator has determined that the area has attained the
applicable NAAQS;
(2) The Administrator has fully approved the applicable SIP for the
area under section 110(k) of the CAA;
(3) The state containing the area has met all requirements
applicable to the area under section 110 and part D of the CAA;
(4) The Administrator has determined that the improvement in air
quality is due to permanent and enforceable reductions in emissions;
and
(5) The Administrator has fully approved a maintenance plan for the
area as meeting the requirements of section 175A of the CAA.
B. The LMP Option for PM10 Nonattainment Areas
On August 9, 2001, the EPA issued guidance on streamlined
maintenance plan provisions for certain moderate PM10
nonattainment areas seeking redesignation to attainment (Memo from
Lydia Wegman, Director, Air Quality Standards and Strategies Division,
entitled ``Limited Maintenance Plan Option for Moderate PM10
Nonattainment Areas,'' (hereafter the LMP Option memo)).\2\ The LMP
Option memo contains a statistical demonstration that areas meeting
certain air quality criteria will, with a high degree of probability,
maintain the standard 10 years into the future. Thus, the EPA has
already provided the maintenance demonstration for areas meeting the
criteria outlined in the LMP Option memo. It follows that future year
emission inventories for these areas, and some of the standard analyses
to determine transportation conformity with the SIP are no longer
necessary.
To qualify for the LMP Option, the area should have attained the
1987 24-hour PM10 NAAQS, the average annual PM10
design value for the area, based upon the most recent five years of air
quality data at all monitors in the area, should be at or below 40
[micro]g/m\3\, and the 24-hour design value should be at or below 98
[micro]g/m\3\. The annual PM10 standard was effectively
revoked on December 18, 2006 (71 FR 61143), and as such will not be
discussed as a requirement for qualifying for the LMP option. In
addition, the area should expect only limited growth in on-road motor
vehicle PM10 emissions (including fugitive dust) and should
have passed a motor vehicle regional emissions analysis test. The LMP
Option memo also identifies core provisions that must be included in
the LMP. These provisions include an attainment year emissions
inventory, assurance of continued operation of an EPA-approved air
quality monitoring network, and contingency provisions.
C. Conformity Under the LMP Option
The transportation conformity rule (40 CFR parts 51 and 93) and the
general conformity rule (40 CFR parts 51 and 93) apply to nonattainment
areas and maintenance areas covered by an approved maintenance plan.
Under either conformity rule, an acceptable method of demonstrating
that a federal action conforms to the applicable SIP is to demonstrate
that expected emissions from the planned action are consistent with the
emissions budget for the area.
While the EPA's LMP Option does not exempt an area from the need to
affirm conformity, it explains that the area may demonstrate conformity
without submitting an emissions budget. Under the LMP Option, emissions
budgets are treated as essentially not constraining for the length of
the maintenance period because it is unreasonable to expect that the
qualifying areas would experience
[[Page 4017]]
so much growth in that period that a violation of the PM10
NAAQS would result. For transportation conformity purposes, the EPA
would conclude that emissions in these areas need not be capped for the
maintenance period; and therefore, a regional emissions analysis would
not be required. Similarly, federal actions subject to the general
conformity rule could be considered to satisfy the ``budget test''
specified in 40 CFR 93.158(a)(5)(i)(A) for the same reasons that the
budgets are essentially considered not limited.
IV. Review of the Wyoming State Submittal Addressing the Requirements
for Redesignation and Limited Maintenance Plans
A. Has the Sheridan NAA attained the applicable NAAQS?
States must demonstrate that an area has attained the 24-hour
PM10 NAAQS through analysis of ambient air quality data from
an ambient air monitoring network representing peak PM10
concentrations. The data should be stored in the EPA Air Quality System
(AQS) database. The EPA is proposing to determine that the Sheridan NAA
has attained the PM10 NAAQS based on monitoring data from
calendar years 2014-2016. The 24-hour standard is attained when the
expected number of days with levels above 150 [micro]g/m\3\ (averaged
over a three-year period) is less than or equal to one. 40 CFR 50.6(a).
Three consecutive years of air quality data are generally necessary to
show attainment of the 24-hour and annual standards for
PM10. See 40 CFR part 50, appendix K. A complete year of air
quality data, as referred to in 40 CFR part 50, appendix K, is
comprised of all four calendar quarters with each quarter containing
data from at least 75 percent of the scheduled sampling days.
The Sheridan NAA has two State and Local Air Monitoring Stations
(SLAMS) monitors operated by the Wyoming Department of Environmental
Quality (WDEQ). Table 1 summarizes the PM10 data collected
from 2012-2016. The EPA deems the data collected from these monitors
valid, and the data has been submitted by the WDEQ to be included in
AQS.
Table 1--Summary of Maximum 24-Hour PM10 Concentrations [micro]g/m\3\ for Sheridan 2012-2016
[Based on data from Sheridan Police Station, AQS Identification Number 56-033-0002]
----------------------------------------------------------------------------------------------------------------
Maximum 2nd Maximum
concentration concentration Number of
Year ([micro]g/ ([micro]g/ exceedances Monitoring site
m\3\) m\3\)
----------------------------------------------------------------------------------------------------------------
2012................................ 75 73 0 Police Station.
2013................................ 57 52 0 Police Station.
2014................................ 47 45 0 Police Station.
2015................................ 73 73 0 Police Station.
2016................................ 54 48 0 Police Station.
----------------------------------------------------------------------------------------------------------------
The PM10 concentrations reported at the Sheridan
monitoring sites showed no measured exceedances of the 24-hour
PM10 NAAQS, and as such, the EPA proposes to determine that
the Sheridan Moderate NAA has attained the standard for the 24-hour
PM10 NAAQS.
B. Does the Sheridan NAA have a fully approved SIP under CAA section
110(k)?
In order to qualify for redesignation, the SIP for the area must be
fully approved under CAA section 110(k), and must satisfy all
requirements that apply to the area. Section 107(d)(4)(B) of the CAA
contains requirements and milestones for all initial moderate
nonattainment area SIPs including: (1) Provisions to assure that RACM
(including such reductions in emissions from existing sources in the
area as may be obtained through the adoption, at a minimum, of
Reasonably Available Control Technology--RACT) shall be implemented no
later than December 10, 1993; (2) A demonstration (including air
quality modeling) that the plan will provide for attainment as
expeditiously as practicable by no later than December 31, 1994, or,
where the state is seeking an extension of the attainment date under
section 188(e), a demonstration that attainment by December 31, 1994,
is impracticable and that the plan provides for attainment by the most
expeditious alternative date practicable (CAA sections 189(a)(1)(A));
(3) Quantitative milestones which are to be achieved every three years
and which demonstrate RFP toward attainment by December 31, 1994, (CAA
sections 172(c)(2) and 189(c)); and (4) Contingency measures to be
implemented if the area fails to make RFP or attain by its attainment
deadline. These contingency measures are to take effect without further
action by the State or the EPA. (CAA section 172(c)(9)).
As stated above, on June 23, 1994, the EPA approved Sheridan's
moderate area plan including RACM, an attainment demonstration,
emissions inventory, quantitative milestones, and control and
contingency measure requirements. As such, the area has a fully
approved nonattainment area SIP under section 110(k) of the CAA.
C. Has the State met all applicable requirements under section 110 and
Part D of the CAA?
Section 107(d)(3)(E) of the CAA requires that a state containing a
nonattainment area must meet all applicable requirements under section
110 and Part D of the CAA for an area to be redesignated to attainment.
The EPA interprets this to mean that the state must meet all
requirements that applied to the area prior to, and at the time of, the
submission of a complete redesignation request. The following is a
summary of how Wyoming meets these requirements.
(1) CAA Section 110 Requirements
Section 110(a)(2) of the CAA contains general requirements for
nonattainment plans. These requirements include, but are not limited
to, submittal of a SIP that has been adopted by the state after
reasonable notice and public hearing; provisions for establishment and
operation of appropriate apparatus, methods, systems and procedures
necessary to monitor ambient air quality; implementation of a permit
program; provisions for Part C--Prevention of Significant Deterioration
(PSD) and Part D--New Source Review (NSR) permit programs; criteria for
stationary source emission control measures, monitoring and reporting,
provisions for modeling; and provisions for public and local agency
[[Page 4018]]
participation. See the General Preamble for further explanation of
these requirements. 57 FR 13498 (April 16, 1992).
For purposes of redesignation, the EPA's review of the Wyoming SIP
shows that the State has satisfied all requirements under section
110(a)(2) of the CAA. Further, in 40 CFR 52.2622, the EPA has approved
Wyoming's plan for the attainment and maintenance of the national
standards under section 110.
(2) Part D Requirements
Part D contains general requirements applicable to all areas
designated nonattainment. The general requirements are followed by a
series of subparts specific to each pollutant. All PM10
nonattainment areas must meet the general provisions of Subpart 1 and
the specific PM10 provisions in Subpart 4, ``Additional
Provisions for Particulate Matter Nonattainment Areas.'' The following
paragraphs discuss these requirements as they apply to the Sheridan
NAA.
(3) Subpart 1, Section 172(c)
Subpart 1, section 172(c) contains general requirements for
nonattainment area plans. A thorough discussion of these requirements
may be found in the General Preamble. See 57 FR 13538 (April 16, 1992).
CAA section 172(c)(2) requires nonattainment plans to provide for RFP.
Section 171(1) of the CAA defines RFP as ``such annual incremental
reductions in emissions of the relevant air pollutant as are required
by this part (part D of title I) or may reasonably be required by the
Administrator for the purpose of ensuring attainment of the applicable
national ambient air quality standard by the applicable date.'' Wyoming
submitted their first quantitative milestone report on March 29, 1995.
Since the EPA is proposing to determine that the Sheridan NAA is in
attainment of the PM10 NAAQS, we believe that no further
showing of RFP or quantitative milestones is necessary.
(4) Section 172(c)(3)--Emissions Inventory Section
Section 172(c)(3) of the CAA requires a comprehensive, accurate,
current inventory of actual emissions from all sources in the Sheridan
PM10 nonattainment area. Wyoming included an emissions
inventory for the calendar year 2014 with its DATE? submittal of the
LMP for the Sheridan NAA. Based on the inventory preparation plan for
the PM10 2014 base year emissions inventory, which includes
windblown dust sources, the 2014 base year emissions inventory is
current, accurate and comprehensive; and therefore, meets the
requirements of Section 172(c)(3) of the CAA.
(5) Section 172(c)(5)--NSR
The 1990 CAA Amendments contained revisions to the NSR program
requirements for the construction and operation of new and modified
major stationary sources located in nonattainment areas. The CAA
requires states to amend their SIPS to reflect these revisions, but
does not require submittal of this element along with the other SIP
elements. The CAA established June 30, 1992, as the submittal date for
the revised NSR programs (Section 189 of the CAA). In lieu of
instituting NSR regulations for construction in the Sheridan NAA, the
State of Wyoming chose to institute a construction ban on major sources
for the Sheridan NAA, which was deemed to have satisfied the NSR
requirements, and was approved into the Wyoming SIP on November 29,
1994 (59 FR 60931).
(6) Section 172(c)(7)--Compliance With CAA Section 110(a)(2): Air
Quality Monitoring Requirements
Once an area is redesignated, the state must continue to operate an
appropriate air monitoring network in accord with 40 CFR part 58 to
verify attainment status of the area. The State of Wyoming and the City
of Sheridan operate two PM10 SLAMS in the Sheridan NAA. Both
monitoring sites meet EPA SLAMS network design and siting requirements
set forth at 40 CFR part 58, appendices D and E. The Police Station
monitor has been in continuous operation since 1985, while the second
monitoring station has been moved several times since 1998, but is
currently sited at the Meadowlark Elementary School. In Section 6.6 of
the LMP that we are proposing to approve, the State commits to
continued operation of the monitoring network.
(7) Section 172(c)(9)--Contingency Measures
The CAA requires that contingency measures take effect if the area
fails to meet RFP requirements or fails to attain the NAAQS by the
applicable attainment date. Since the Sheridan NAA attained the 1987
24-hour PM10 NAAQS by the applicable attainment date of
December 31, 1994, contingency measures are no longer required under
Section 172(c)(9) of the CAA. However, contingency provisions are
required for maintenance plans under Section 175(a)(d). We describe the
contingency provisions Wyoming provided in the Sheridan LMP below.
(8) Part D Subpart 4
Part D Subpart 4, Section 189(a), (c) and (e) requirements apply to
any moderate nonattainment area before the area can be redesignated to
attainment. The requirements which were applicable prior to the
submission of the request to redesignate the area must be fully
approved into the SIP before redesignating the area to attainment.
These requirements include: (a) Provisions to assure that RACM was
implemented by December 10, 1993; (b) Either a demonstration that the
plan provided for attainment as expeditiously as practicable but not
later than December 31, 1994, or a demonstration that attainment by
that date was impracticable; (c) Quantitative milestones which were
achieved every three years and which demonstrate RFP toward attainment
by December 31, 1994; and (d) Provisions to assure that the control
requirements applicable to major stationary sources of PM10
also apply to major stationary sources of PM10 precursors
except where the Administrator determined that such sources do not
contribute significantly to PM10 levels which exceed the
NAAQS in the area. These provisions were fully approved into the SIP
upon the EPA's approval of the PM10 moderate area plan for
the Sheridan NAA on June 23, 1994 (See 59 FR 32370), and the EPA is
proposing to approve the attainment demonstration, based on the
maintenance demonstration submitted with the LMP, in this action.
D. Has the state demonstrated that the air quality improvement is due
to permanent and enforceable reductions?
The state must be able to reasonably attribute the improvement in
air quality to permanent and enforceable emission reductions. In making
this showing, the state must demonstrate that air quality improvements
are the result of actual enforceable emission reductions. This showing
should consider emission rates, production capacities, and other
related information. The analysis should assume that sources are
operating at permitted levels (or historic peak levels) unless evidence
is presented that such an assumption is unrealistic. Permanent and
enforceable control measures in the Sheridan NAA SIP include RACM.
Emission sources in the Sheridan NAA have been implementing RACM for at
least 10 years. In the EPA's approval of the Sheridan attainment plan
on June 23, 1994, the EPA acknowledged that the primary source category
[[Page 4019]]
contributing to the PM10 nonattainment problem in Sheridan
was fugitive road dust. The State demonstrated that, by applying the
control measure, the ''Sanding Winter Maintenance Plan'' (SWMP), to
designated streets during the Winter season, Sheridan would effectively
control fugitive road dust; and thus, be in attainment by December 31,
1994. The State has noted that there have been updates to the SWMP,
that are congruent with the original SWMP. However, in the intervening
years since the approval of the Sheridan NAA attainment plan, many of
the roads which were unpaved, have now been paved, allowing for plowing
of the roads as opposed to frequent sanding. In the instances where
sanding is still applied, it is applied consistent with the 1994 SWMP,
as noted in section 3.3 of the Sheridan LMP.
Areas that qualify for the LMP will meet the NAAQS, even under
worst case meteorological conditions. Under the LMP option, the
maintenance demonstration is presumed to be satisfied if an area meets
the qualifying criteria. Thus, by qualifying for the LMP, Wyoming has
demonstrated that the air quality improvements in the Sheridan area are
the result of permanent emission reductions and not a result of either
economic trends or meteorology. A description of the LMP qualifying
criteria and how the Sheridan area meets these criteria is provided in
the following section.
E. Does the area have a fully approved maintenance plan pursuant to
Section 175A of the CAA?
In this action, we are proposing to approve the Limited Maintenance
Plan in accordance with the principles outlined in the LMP Option.
F. Has the state demonstrated that the Sheridan NAA qualifies for the
LMP Option?
The LMP Option memo outlines the requirements for an area to
qualify for the LMP Option. First, the area should be attaining the
NAAQS. As stated above in Section IV.A., the EPA has determined that
the Sheridan NAA is attaining the PM10 NAAQS, based upon
2014-2016 data, and has had no exceedances between the years 2008-2016.
Second, the average design value (ADV) for the past five years of
monitoring data (2012-2016) must be at or below the critical design
value (CDV). The CDV is a margin of safety value and is the value at
which an area has been determined to have a 1 in 10 probability of
exceeding the NAAQS. The LMP Option memo provides two methods for
review of monitoring data for the purpose of qualifying for the LMP
option. The first method is a comparison of a site's ADV with the CDV
of 98 [micro]g/m\3\ for the 24-hour PM10 NAAQS. A second
method that applies to the 24-hour PM10 NAAQS is the
calculation of a site-specific CDV and a comparison of the site-
specific CDV with the ADV for the past five years of monitoring data.
Table 2 outlines the design values for the years 2012-2016, and
presents the ADV.
Table 2--Summary of 24-Hour PM10 Design Values ([micro]g/m\3\) for Sheridan 2012-2016
[Based on data from Sheridan Police Station and Meadowlark Elementary, AQS Identification Number 56-033-0002 and
56-033-1003]
----------------------------------------------------------------------------------------------------------------
Design value
Design value years ([micro]g/ Monitoring site
m\3\)
----------------------------------------------------------------------------------------------------------------
2012-2014.................................... 60 Police Station.
2013-2015.................................... 57 Police Station.
2014-2016.................................... 72 Police Station.
2012-2014.................................... (*) Meadowlark Elementary.
2013-2015.................................... 72 Meadowlark Elementary.
2014-2016.................................... 72 Meadowlark Elementary.
----------------------------------------------------------------------------------------------------------------
Average DV based on highest DVs.............................. 68 [micro]g/m\3\.
----------------------------------------------------------------------------------------------------------------
* The Meadowlark School monitor was installed on July 2012, and therefore missing the first two quarters in
2012. The 2012-2014 DV from the Police Station monitor was used to calculate the ADV for the NAA.
The ADV for the 24-hour PM10 NAAQS for Sheridan, based
on data from the collocated SLAMS monitors for the years 2012-2016, is
68 [micro]g/m\3\. This value falls below the presumptive 24-hour CDV of
98 [micro]g/m\3\. Therefore, Sheridan meets the design value criteria
outlined in the LMP Option memo. For the 2012-2016 ADV calculations for
PM10 in Sheridan, please see the supporting documents in the
docket.\3\
---------------------------------------------------------------------------
\3\ See memo to file dated November 17, 2017 titled
``PM10 24-hour Design Concentration for Sheridan
Wyoming.''
---------------------------------------------------------------------------
Third, the area must meet the motor vehicle regional emissions
analysis test in attachment B of the LMP Option memo. Using the
methodology outlined in the memo, based on monitoring data for the
period 2014-2016, the EPA has determined that the Sheridan NAA passes
the motor vehicle regional emissions analysis test. For the
calculations used to determine that Sheridan has passed the motor
vehicle regional analysis test, see the supporting documents in the
docket.\4\
---------------------------------------------------------------------------
\4\ See memo to file dated December 4, 2017, title ``Sheridan
Motor Vehicle Regional Emissions Analysis.''
---------------------------------------------------------------------------
The monitoring data for the period 2014-2016 shows that Sheridan
has attained the NAAQS for PM10, the 24-hour ADV for
Sheridan is less than the 24-hour PM10 CDV. Finally, the
area has met the regional vehicle emissions analysis test. Thus, the
Sheridan NAA qualifies for the LMP Option described in the LMP Option
memo. The LMP Option memo also indicates that once a state selects the
LMP Option and it is in effect, the state will be expected to
determine, on an annual basis, that the LMP criteria are still being
met. If the state determines that the LMP criteria are not being met,
it should take action to reduce PM10 concentrations enough
to requalify for the LMP. One possible approach the state could take is
to implement contingency measures. Please see Section 6.3. for a
description of contingency provisions submitted as part of the State's
submittal.
G. Does the state have an approved attainment emissions inventory which
can be used to demonstrate attainment of the NAAQS?
The state's approved attainment plan should include an emissions
inventory (attainment inventory) which can be used to demonstrate
attainment of the NAAQS. The inventory should represent emissions
during the same five-year period associated with air quality data used
to determine whether the area meets the applicability
[[Page 4020]]
requirements of the LMP Option. The state should review its inventory
every three years to ensure emissions growth is incorporated in the
attainment inventory if necessary. In this instance, Wyoming completed
an attainment year inventory for the attainment year 2014. The EPA has
reviewed the 2014 emissions inventory and determined that it is
current, accurate and complete. The EPA has also reviewed monitoring
data for the years 2012-2016, and determined that the 2014 emissions
inventory is representative of the attainment year inventory since the
NAAQS was not violated during 2014. In addition, the emissions
inventory submitted with the LMP for the calendar year 2014 is
representative of the level of emissions during the time period used to
calculate the average design value since 2014 is included in the five-
year period used to calculate the design value (2012-2016). As stated
above in Section IV.C.4., the 2014 emissions inventory meets the
requirements of Section 172(c)(3) of the CAA, and the requirements for
emissions inventory in Table 3.1 of the EPA document entitled
PM10 Emission Inventory Requirements, Final Report.
H. Does the LMP include an assurance of continued operation of an
appropriate EPA-approved air quality monitoring network, in accordance
with 40 CFR Part 58?
A PM10 monitoring network was established in the
Sheridan NAA in 1984. Since that time, the Police Station monitor has
been in continuous operation, while the neighborhood monitor has been
moved several times since 1998. The neighborhood monitor is currently
sited at the Meadowlark Elementary School. The monitoring network was
developed and has been maintained in accordance with federal siting and
design criteria in 40 CFR part 58, Appendices D and E and in
consultation with EPA Region 8. Currently, there are two
PM10/PM2.5 SLAMS/National Air Monitoring Stations
(NAMS) monitors in the Sheridan NAA. In Section 6.6 of the Sheridan
LMP, Wyoming states that it will continue to operate its monitoring
network to meet EPA requirements.
I. Does the plan meet the CAA requirements for contingency provisions
for maintenance plans?
Section 175A of the CAA states that a maintenance plan must include
contingency provisions, as necessary, to promptly correct any violation
of the NAAQS which may occur after redesignation of the area to
attainment. As explained in the LMP Option memo, these contingency
measures do not have to be fully adopted at the time of redesignation.
As noted above, CAA section 175A requirements are distinct from CAA
section 172(c)(9) contingency measures. Section 6.3 of the Sheridan
Limited Maintenance Plan describes a process and timeline to identify
and evaluate appropriate contingency measures in the event of a quality
assured violation of the PM10 NAAQS. Upon notification of a
PM10 exceedance, the AQD and local government staff in the
Sheridan area will develop appropriate contingency measure(s) intended
to prevent or correct a violation of the PM10 standard.
Information about historical exceedances of the standard, the
meteorological conditions related to the recent exceedance(s), and the
most recent estimates of growth and emissions will be reviewed. The
possibility that an exceptional event occurred will also be evaluated.
The AQD will notify the EPA Region 8 within 45 days of any exceedance.
Usually, upon notification to the Region, the AQD will indicate whether
it believes that the event could be exceptional. If the event is
considered eligible for data exclusion by the AQD, the AQD then
provides official notification per the CFR (40 CFR 50.14) by flagging
the affected data and providing a description with the quarterly data
uploaded to AQS (90 days after the end of the quarter in which the
event took place). Additionally, under the 2016 revisions to the
Treatment of Data Influenced by Exceptional Events Rule (81 FR 68216),
the AQD would confer with EPA Region 8 regarding whether the flagged
event would meet the criteria of a regulatory decision, and if so, a
determination would be made on whether to move forward with producing a
demonstration. This process will be completed within six months of the
exceedance notification. If a violation of the PM10 NAAQS
has occurred, a public hearing process at the State and local level
will begin. Contingency measures will be adopted and fully implemented
within one year of a PM10 NAAQS violation. Any State-
enforceable measures will become part of the next revised maintenance
plan, submitted to the EPA for approval.
Potential contingency provisions identified in the Sheridan LMP
include the following:
Re-implementing the voluntary wood burning curtailment
program.
Re-implementing the wood burning public information
campaign.
Mandatory wood burning curtailment.
Bans on all wood burning.
Implementing nonattainment new source review regulations
for the City of Sheridan.
Re-establishing the construction ban on major stationary
sources that had been removed from Wyoming's State Implementation Plan.
Paving the remaining unpaved roads within the City of
Sheridan.
Other restrictions/regulations/action plans involving
stationary sources based on the consideration of cost-effectiveness,
PM10 emission reduction potential, economic and social
considerations, or other factors that the State deems appropriate.
Coordination with the Wyoming Department of
Transportation/local transit agency regarding roadwork and
transportation control measures.
The current and proposed contingency provisions in Sheridan's LMP
meet the requirements for contingency provisions as outlined in the LMP
Option memo.
J. Has the state met transportation conformity requirements?
(1) Transportation Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS (CAA section 176(c)(1)(B)). The
EPA's conformity rule at 40 CFR part 93, subpart A requires that
transportation plans, programs and projects conform to SIPs and
establishes the criteria and procedures for determining whether or not
they conform. To effectuate its purpose, the conformity rule requires a
demonstration that emissions from the Regional Transportation Plan, if
applicable, and the Transportation Improvement Program are consistent
with the motor vehicle emission budget (MVEB) contained in the control
strategy SIP revision or maintenance plan (40 CFR 93.101, 93.118, and
93.124). The EPA notes that a MVEB is typically defined as the level of
mobile source emissions of a pollutant relied upon in the attainment or
maintenance demonstration to attain or maintain compliance with the
NAAQS in the nonattainment or maintenance area.\5\ MVEBs are, however,
treated differently with respect to LMP areas.
---------------------------------------------------------------------------
\5\ Further information concerning the EPA's interpretations
regarding MVEBs can be found in the preamble to the EPA's November
24, 1993, transportation conformity rule (see 58 FR 62193-62196).
---------------------------------------------------------------------------
We note that under our LMP Option memorandum, MVEBs are not
required
[[Page 4021]]
to be identified in the maintenance plan. While the EPA's LMP Option
memo does not exempt an area from the need to affirm conformity, it
explains that the area may demonstrate transportation conformity
without identifying and submitting a MVEB. The basis for this provision
in the LMP Option memorandum is that it is unreasonable to expect that
an LMP area will experience so much growth during the maintenance
period that a violation of the PM10 NAAQS would result.
Therefore, for transportation conformity purposes, the EPA has
concluded that mobile source emissions in LMP areas need not be capped,
with respect to a MVEB, for the maintenance period and a regional
emissions analysis (40 CFR 93.118), for transportation conformity
purposes, is also not required.
However, since LMP areas are still maintenance areas, certain
aspects of the EPA's transportation conformity rule will continue to be
required for transportation projects located within the Sheridan
PM10 maintenance area. Specifically, for conformity
determinations, projects will have to demonstrate that they are
fiscally constrained (40 CFR 93.108) and meet the criteria for
consultation and timely implementation (as applicable) of
Transportation Control Measures (40 CFR 93.112 and 40 CFR 93.113,
respectively). In addition, projects located within the Sheridan
PM10 LMP area will be required to be evaluated for potential
PM10 hot-spot issues in order to satisfy the ``project
level'' conformity determination requirements. As appropriate, a
project may then need to address the applicable criteria for a
PM10 hot-spot analysis as provided in 40 CFR 93.116 and 40
CFR 93.123.
Finally, our proposed approval of the Sheridan PM10 LMP
affects future PM10 project-level transportation conformity
determinations as prepared by the Wyoming Department of Transportation
in conjunction with the Federal Highway Administration and the Federal
Transit Administration. See 40 CFR 93.100. As such, the EPA is
proposing to approve the Sheridan LMP as meeting the appropriate
transportation conformity requirements found in 40 CFR 93, subpart A.
(2) General Conformity
Federal actions, other than transportation conformity, that meet
specific criteria need to be evaluated with respect to the requirements
of Wyoming's general conformity rule.\6\ Wyoming's general conformity
rule requirements are designed to ensure that emissions from a federal
action will not cause or contribute to new violations of the NAAQS,
exacerbate current violations, or delay timely attainment. However, as
noted in our LMP Option memorandum, and similar to the above discussed
transportation conformity provisions, federal actions subject to
Wyoming's general conformity rule would be considered to satisfy the
``budget test,'' as specified in WAQSR Chapter 8, Section 3(c)(vii)(C)
of the rule. As discussed above, the basis for this provision in the
LMP Option memorandum is that it is unreasonable to expect that an LMP
area will experience so much growth during the maintenance period that
a violation of the PM10 NAAQS would result. Therefore, for
purposes of general conformity, a general conformity PM10
emissions budget does not need to be identified in the maintenance
plan, nor submitted, and the emissions from federal agency actions are
essentially considered to not be limited.
---------------------------------------------------------------------------
\6\ Wyoming Air Quality Standards and Regulations (WAQSR),
Chapter 8, Section 3, General Conformity (as approved by the EPA; 78
FR 49685, August 15, 2013.)
---------------------------------------------------------------------------
V. The EPA's Proposed Action
For the reasons explained in Section IV, we are proposing to
approve the LMP for the Sheridan NAA and the State's request to
redesignate the Sheridan NAA from nonattainment to attainment for the
1987 24-hour PM10 NAAQS. Additionally, the EPA is proposing
to determine that the Sheridan NAA has attained the NAAQS for
PM10. This determination is based upon monitored air quality
data for the PM10 NAAQS during the years 2014-2016. Lastly,
the EPA is proposing to approve the Sheridan LMP as meeting the
appropriate transportation conformity requirements found in 40 CFR 93,
subpart A.
VI. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting 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 Orders
12866 (58 FR 51735, Oct. 4, 1993);
Is not expected to be an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866; 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 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
[[Page 4022]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
January 22, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-01493 Filed 1-26-18; 8:45 am]
BILLING CODE 6560-50-P
