[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62859-62861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24930]



40 CFR Part 52

[EPA-R08-OAR-2014-0183; FRL-9918-20-Region 8]

Approval and Promulgation of Implementation Plans; Wyoming; 
Revisions to the Air Quality Standards and Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: EPA is approving 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 the removal of an exemption from Wyoming 
Air Quality Standards and Regulations (WAQSR) Chapter 3, section 2(d). 
In this action, EPA is approving the revision of this provision into 
the SIP because the revision is consistent with Clean Air Act (CAA) 
requirements. The revision will correct certain deficiencies related to 
the treatment of excess emissions from sources. EPA will address the 
remaining revisions from Wyoming's February 10, 2014 submission in a 
separate action.

DATES: This final rule is effective November 20, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R08-OAR-2014-0183. 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, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
St., 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.

Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, (303) 312-7104, clark.adam@epa.gov.



    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 
    (vi) The words State or Wyoming mean the State of Wyoming, unless 
the context indicates otherwise.

[[Page 62860]]

    (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. Background

    On February 10, 2014, WDEQ submitted to EPA a SIP revision to WAQSR 
Chapter 3, section 2(d), as well as updates to the State's 
incorporation by reference (IBR) of federal regulations. In a document 
published on July 16, 2014, we proposed approval of the State's 
revision to WAQSR Chapter 3, section 2(d); we did not propose to take 
any action on the remaining updates in the State's February 10, 2014 
submittal (79 FR 41509).
    In our proposed rule, we explained that, 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 emission 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.
    For these reasons, we proposed approval of Wyoming's revision of 
WAQSR Chapter 3, section 2(d). Previously, certain language in 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 
limitation, it was inconsistent with CAA requirements. The State's 
revision to section 2(d) addresses this deficiency by removing the 
problematic language.
    This revision is sufficient to correct the inadequacies contained 
within section 2(d) and is consistent with the requirements of the CAA. 
As a result of the revision, the improper exemptions from emissions 
limitations contained within section 2(d) will no longer be available 
to sources. Therefore, the emissions limitation in section 2(d) will 
become continuous and more enforceable.

II. Response to Comments

    The comment period for our July 16, 2014 document was open for 30 
days. EPA received supportive comments on this proposed action from 
both WDEQ and the Sierra Club. WDEQ also requested that EPA act on the 
remainder of the February 10, 2014 submittal as expeditiously as 
possible. EPA acknowledges these comments.

III. EPA's Final Action

    We are approving the State's revision to WAQSR Chapter 3, section 
2(d) of the Wyoming SIP, as reflected in the State's February 10, 2014 
submission. This approval effectively corrects the deficiency with this 
provision of the Wyoming SIP, as discussed above, in our proposed rule, 
and in EPA's February 22, 2013 proposed national SSM SIP Call (78 FR 
12533). Based on this final approval, EPA notes that the deficiency in 
the Wyoming SIP identified in the proposed SSM SIP call has now been 
correctly resolved. Thus, EPA's final action on the SSM SIP call should 
not need to address this deficiency. We are not taking action today on 
the remainder of the February 10, 2014 submission.

IV. 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 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an 
economically significant regulatory action based on health or safety 
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 22, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time

[[Page 62861]]

within which a petition for judicial review may be filed, and shall not 
postpone the effectiveness of such rule or action. This action may not 
be challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, 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: October 2, 2014.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:


1. The authority for citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart ZZ--Wyoming

2. In Sec.  52.2620, the table titled ``State of Wyoming Regulations'' 
in paragraph (c)(1) is amended under Chapter 3 by revising the entry 
for Section 2 to read as follows:

Sec.  52.2620  Identification of plan.

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

                                                          adopted and  EPA approval date
         State citation               Title/subject        effective    and citation \1\       Explanations
                                                  * * * * * * *
                                                    Chapter 3
Section 2......................  Emission standards for      9/12/13,  10/21/14, [insert
                                  particulate matter.        11/22/13   Federal Register
                                                  * * * * * * *
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

* * * * *
[FR Doc. 2014-24930 Filed 10-20-14; 8:45 am]