[Federal Register Volume 64, Number 96 (Wednesday, May 19, 1999)]
[Rules and Regulations]
[Pages 27179-27182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12582]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WY-001-0002a and WY-001-0003a; FRL-6344-2]
Approval and Promulgation of State Implementation Plans; Wyoming
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA approves two revisions to the Wyoming State Implementation
Plan (SIP) regarding particulate matter. The SIP revisions include
clarification and revisions to the particulate matter control
requirements in section 25 of the Wyoming Air Quality Standards and
Regulations (WAQSR) for the FMC Corporation Trona plant in the Trona
Industrial Area of Wyoming, and the addition of guidelines for best
available control technology (BACT) in the minor source construction
permitting requirements of section 21 of the WAQSR for large mining
operations. The State submitted these SIP revisions to EPA for approval
on September 15, 1982 and on May 16, 1985, respectively. We approve
these SIP revisions because they are consistent with Federal
requirements.
We also revise 40 CFR 52.2620 to list subsections 21(a)(iv),
24(a)(xix), 24(b)(iv), and 24(b)(xii)(H) of the WAQSR in the
``Incorporation by reference'' section. We approved these subsections
in previous SIP approvals (on November 29, 1994 and on November 3,
1995, respectively) but we inadvertently neglected to identify those
subsections as incorporated into the SIP in the CFR.
DATES: This rule is effective on July 19, 1999 without further notice,
unless we receive adverse comment by June 18, 1999. If we receive
adverse comments, we will publish a timely withdrawal of the direct
final rule in the Federal Register and inform the public that the rule
will not take effect.
ADDRESSES: You should mail your written comments to Richard R. Long,
Director, Air and Radiation Program, Mailcode 8P-AR, Environmental
Protection Agency (EPA), Region VIII, 999 18th Street, Suite 500,
Denver, Colorado, 80202. Copies of the documents relative to this
action are available for inspection during normal business hours at the
Air and Radiation Program, Environmental Protection Agency, Region
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466. Copies
of the Incorporation by Reference material are available at the Air and
Radiation Docket and Information Center, Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460. Copies of the State
documents relevant to this action are available for public inspection
at the Department of Environmental Quality, 122 West 25th Street,
Cheyenne, Wyoming 82002.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, EPA Region VIII, (303)
312-6445.
SUPPLEMENTARY INFORMATION:
I. What Action Is EPA Taking Today?
We approve two revisions to the Wyoming SIP pertaining to
particulate matter. Specifically, we approve the following: (A)
clarification and revisions to the particulate matter control
requirements for the FMC Corporation in the Trona Industrial Area of
Sweetwater County, Wyoming; and (B)
[[Page 27180]]
the addition of specific BACT guidelines in the State's minor source
construction permitting requirements for controlling particulate matter
from large mining operations. The State submitted these SIP revisions
on September 15, 1982 and on May 16, 1985, respectively.
We also revise 40 CFR 52.2620 to list in the ``Incorporation by
reference'' section various subsections of the WAQSR that we approved
in past actions but inadvertently did not list in the CFR, as follows:
(A) Subsection 21(a)(iv) of the WAQSR, that was part of the State's
November 12, 1993 SIP submittal approved by EPA on November 29, 1994
(59 FR 60905) at 40 CFR 52.2620(c)(25); and
(B) Subsections 24(a)(xix), 24(b)(iv), and 24(b)(xii)(H), that were
part of the State's March 14, 1995 SIP submittal approved by EPA on
November 3, 1995 (60 FR 55798) at 40 CFR 52.2620(c)(26).
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if adverse comments
are filed. This rule will be effective July 19, 1999 without further
notice unless we receive adverse comments by June 18, 1999. If we
receive adverse comments, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
II. What Changes Were Made to the Wyoming SIP?
A. Changes to the Requirements for FMC Corporation
The State revised the particulate matter control requirements for
the FMC Corporation in section 25c.(2) of the WAQSR. The FMC
Corporation owns and operates a trona plant in the Trona Industrial
Area, which had previously been designated as a nonattainment area
under EPA's former national ambient air quality standards (NAAQS) for
total suspended particulate matter (TSP). In the September 15, 1982 SIP
submittal, the State clarified the fugitive dust requirements that
apply to FMC's coal stockpile to identify the specific measures being
implemented by FMC. In addition, the State revised the fugitive dust
control requirements for the loadout facilities to not include the
sesqui loadout facility, because the State found that controls at the
sesqui loadout facility were not necessary to attain the TSP NAAQS.
B. Addition of Specific BACT Measures for Large Mining Operations
In its May 16, 1985 SIP submittal, the State added guidelines on
BACT for large mining operations to its minor source construction
permitting requirements. These provisions were added to section 21c.(5)
of the WAQSR. The guidelines control fugitive particulate emissions
from access and haul roads and stockpiles. Section 21c.(5) lists the
measures that will normally be required, although the BACT
determination is not limited to those measures. Note that the State
imposes a separate BACT requirement to new or modified major stationary
sources under the State's prevention of significant deterioration (PSD)
permitting program in section 24 of the WAQSR. If a large mining
operation is subject to PSD permitting as a new or modified major
stationary source, then it will have to meet BACT as defined in the PSD
regulations and EPA policy, considering the controls that are currently
available.
III. Why Is EPA Approving the SIP Revisions?
We approve the revisions to section 25 of the WAQSR regarding FMC
Corporation because the revisions are consistent with Federal
requirements regarding attainment and maintenance of the NAAQS. The
requirements for the coal stockpile are more clearly defined in the
revised section 25, which strengthens the enforceability of the rule.
The State's SIP submittal also included documentation to show that
fugitive particulate controls were not needed at the sesqui loadout
facility to attain the TSP NAAQS.1 FMC Corporation has three
PM-10 monitors on-site, and none have recorded a violation of the PM-10
NAAQS.
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\1\ EPA replaced the TSP NAAQS with a NAAQS for PM-10
(particulate matter with an aerodynamic diameter of less than 10
microns) on July 1, 1987 (see 52 FR 24634). EPA subsequently revised
the PM-10 NAAQS and added a NAAQS for particulate matter with an
aerodynamic diameter of less than 2.5 microns on July 18, 1997 (see
62 FR 38652).
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We approve the revisions to section 21 of the WAQSR because these
revisions help to reduce particulate emissions from large mining
operations by applying the State's BACT requirements, thus furthering
the goals of protecting the particulate matter NAAQS.
We also find that the State met the applicable public participation
requirements of the Clean Air Act by providing at least thirty days
notice to the public prior to the public hearings on these rule
changes, which were held on December 7, 1981 for the changes to section
25 of the WAQSR and on January 23-24, 1984 for the changes to section
21 of the WAQSR.
IV. What Are the Administrative Requirements Associated With This
Action?
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 12875: Enhancing the Intergovernmental Partnership
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a state, local,
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local, or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of Executive
Order 12875 do not apply to this rule.
C. Executive Order 13045
Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to
any rule that: (1) is determined to be ``economically significant'' as
defined under E.O.
[[Page 27181]]
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to Executive Order 13045
because it does not involve decisions intended to mitigate
environmental health or safety risks.
D. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly affects or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments, or EPA consults
with those governments. If EPA complies by consulting, Executive Order
13084 requires EPA to provide to the Office of Management and Budget,
in a separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. Accordingly, the requirements of section 3(b) of
Executive Order 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 of the Clean Air Act do not create any new requirements but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP approval does not create any new
requirements, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Moreover,
due to the nature of the Federal-State relationship under the Clean Air
Act, preparation of flexibility analysis would constitute Federal
inquiry into the economic reasonableness of state action. The Clean Air
Act forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.
7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
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 Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
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 July 19, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: May 7, 1999.
Jack McGraw,
Acting Regional Administrator, Region VIII.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ--Wyoming
2. Section 52.2620 is amended by adding paragraph (c)(27) to read
as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(c) * * *
(27) On September 15, 1982, the Administrator of the Wyoming Air
Quality Division submitted clarifications and revisions to the
particulate matter control requirements of Section 25 of the Wyoming
Air Quality Standards and Regulations (WAQSR) for FMC Corporation in
the Trona Industrial Area. In addition, on May 16, 1985, the
Administrator of the Wyoming Air Quality Division submitted revisions
to the construction
[[Page 27182]]
permitting requirements in Section 21 of the WAQSR to specify
guidelines for best available control technology for new large mining
operations. The Governor of Wyoming submitted revisions to Section 21
of the WAQSR, ``Permit requirements for construction, modification, and
operation,'' on November 12, 1993. Last, the Governor of Wyoming
submitted revisions to Section 24 of the WAQSR, ``Prevention of
Significant Deterioration,'' on March 14, 1995.
(i) Incorporation by reference.
(A) Revisions to Section 25 of the WAQSR, ``Sweetwater County Non-
Attainment Area Particulate Matter Regulations,'' subsection c.(2),
effective September 13, 1982.
(B) Revisions to Section 21 of the WAQSR, ``Permit requirements for
construction, modification, and operation,'' subsection c.(5),
effective May 10, 1985.
(C) Revisions to Section 21 of the WAQSR, ``Permit requirements for
construction, modification, and operation,'' subsection (a)(iv),
effective October 26, 1993.
(D) Revisions to Section 24 of the WAQSR, ``Prevention of
Significant Deterioration,'' subsections (a)(xix), (b)(iv), and
(b)(xii)(H), effective February 13, 1995.
[FR Doc. 99-12582 Filed 5-18-99; 8:45 am]
BILLING CODE 6560-50-P
