[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47290-47292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22149]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WY2-1-7126; FRL-5279-5]
Approval and Promulgation of State Implementation Plans; Wyoming;
Revision to Section 3 Particulates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In this action, EPA is approving a revision of the Wyoming
State Implementation Plan (SIP) submitted by the Governor of Wyoming on
September 6, 1988. Specifically, a revision was made to the definition
of ``ambient air'' in Section 3, Particulates, of the Wyoming Air
Quality Standards and Regulations (WAQSR). The action makes the revised
definition part of the Federally approved SIP.
EFFECTIVE DATE: This final rule is effective on October 12, 1995.
ADDRESSES: Copies of the documents relative to this action are
available for public inspection during normal business hours at the
following locations: Environmental Protection Agency, Region VIII, Air
Programs Branch, 999 18th Street, Denver, Colorado 80202-2466; the Air
Quality Division, Wyoming Department of Environmental Quality,
Herschler Building, 4th Floor, 122 West 25th Street, Cheyenne, Wyoming
82002; and the Air and Radiation Docket and Information Center, 401 M
Street SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, Environmental
Protection Agency, Region VIII, Air Programs Branch, 999 18th Street,
Suite 500, Denver, Colorado 80202-2466, (303) 293-1765.
SUPPLEMENTARY INFORMATION:
I. Overview
On August 26, 1992, EPA proposed to approve a revision to Section
3, Particulates, of the WAQSR, which was submitted for approval in the
SIP on September 6, 1988. The revision to Section 3, which added
subsection (d), defined ``ambient air'' for surface coal mines located
in Wyoming's Powder River Basin (PRB). The details of the original
proposed rule can be found at 57 FR 38641-38650.
After publication of the original proposed action, EPA reevaluated
the need to conduct the 30-year ``life-of-mine'' modeling as outlined
in the proposed action. As a result, a Memorandum of Agreement (MOA)
was written between Dennis Hemmer, Director of the Wyoming Department
of Environmental Quality (DEQ) and Patricia D. Hull, Director of the
Air, Radiation and Toxics Division in EPA Region VIII, describing
procedures to be followed by the State of Wyoming and EPA in protecting
the PM10 National Ambient Air Quality Standards (NAAQS) in the
Powder River Basin. The approach outlined in the MOA is based upon
continued ambient air quality monitoring, rather than implementation of
the 30-year life-of-mine modeling study. A detailed discussion of the
MOA is provided below. Since EPA changed the basis for approving the
revisions to the State's definition of ambient air, EPA re-proposed
approval of these revisions on June 23, 1994 (see 59 FR 32395-32397).
II. Memorandum of Agreement
A. Compliance
The signed MOA between EPA and DEQ was submitted to the DEQ on
January 24, 1994. A review of the PM10 ambient monitoring data
from the Powder River Basin, as well as the actions by the DEQ and the
Wyoming coal companies to maintain an adequate ambient monitoring
network, support EPA's view that these actions have proven successful
in maintaining the PM10 NAAQS in the region. Other factors that
were taken into account include: (1) The fact that the DEQ included in
each PRB mining permit explicit requirements to implement best
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available work practices (BAWP); (2) that the DEQ is using necessary
enforcement to ensure that BAWP are being and will continue to be
implemented; and (3) that the probability of future PM10 NAAQS
violations in the area is small.
For these reasons, EPA believes it is appropriate to continue
ambient monitoring in place of a 30-year life-of-mine study, provided
there are no violations of the PM10 NAAQS. The ambient monitoring
network submitted to EPA in June 1992, remains in effect. If a
PM10 exceedance is monitored, then one of the following two
procedures would become effective:
1. In the event of an exceedance of the PM10 NAAQS or
Prevention of Significant Deterioration (PSD) increments in the Powder
River Basin, the State must expeditiously use all necessary compliance
tools, including enforcement of BAWP requirements in the State permits,
to eliminate the likelihood of future exceedances of the PM10
NAAQS or PSD increments caused by the contributing source(s).
2. If, in the opinion of EPA, the State does not initiate timely
and appropriate action to address these exceedances, or if timely State
action does not effectively resolve the issue of exceedances (i.e., if
a violation of the PM10 NAAQS occurs following the timely and
successful completion of any corrective action required by the State),
EPA will reevaluate the need for the State to implement a 30-year life-
of-mine study.
B. Conditions Agreed to in the MOA by the State of Wyoming
By signing the MOA, the State of Wyoming agreed to:
1. Conduct ambient air monitoring, including overseeing the mines'
ambient monitoring networks, entering the data into the Aerometric
Information and Retrieval System (AIRS) database, ensuring attainment
of the primary and secondary NAAQS for PM10 based upon 40 CFR
50.6, requiring the minimum frequency of sampling for PM10 based
on 40 CFR 58.13, and basing violations upon the calculation in 40 CFR,
part 50, appendix K.
2. Provide EPA with a summary of BAWP for each mine, verification
that the mines are employing BAWP, and a copy of the Wyoming State
regulation which provides the State with the authority to enforce BAWP.
On December 2, 1993 the State of Wyoming DEQ submitted copies of
the regulations requested: the authority to require and enforce BAWP
through State regulation is contained in Section 35-11-801(a) of the
Wyoming Statutes Ann. (W.S.A.), and Section 21(c)(v) of the WAQSR
addresses Best Available Control Technology measures for mining
operations.
3. Provide EPA with a written opinion from the State's Attorney
General that the State has the authority to take enforcement action
against mines based upon violations of the PM10 NAAQS.
A letter from the Wyoming Attorney General's office set forth the
enforcement authority of the State of Wyoming, as required by the MOA.
The letter referred to the general enforcement provision of Section 35-
11-201, W.S.A., and to Section 3(a) of the WAQSR, which establishes the
ambient standards for particulate matter and includes the calculation
used for demonstration of attainment from 40 CFR part 50, appendix K.
The submittal also included a reference to Section 35-11-701, W.S.A.,
which allows the Director of the DEQ to issue a Notice of Violation; a
reference to Section 35-11-901(a), W.S.A., which provides for civil
penalties and injunctive relief against ``any person who violates * * *
any regulation [or] standard;'' and a reference to Section 35-11-
901(j), W.S.A., which discusses criminal penalties.
C. PSD Increments
The issue of particulate matter increment consumption was
temporarily resolved by the establishment of a new Powder River Basin
section 107 area. (See 58 FR 4348, January 14, 1993.) This designation
effectively ``untriggered'' the minor source baseline date in the
Powder River Basin particulate matter attainment area and, thus,
emissions from coal mines and other minor sources were no longer
consuming particulate matter increment.
Since that time, a complete PSD permit application was received for
the Kennecott/Puron facility in the PRB, which would effectively
trigger the minor source baseline date in the PRB. However, the State
requested on December 19, 1994 that the impact area of this PSD source
be designated as a separate section 107 area so that the minor source
baseline date would only be triggered in the 1 g/m3
impact area of the Kennecott/Puron facility. Such a request is allowed
under the Federal PSD rules as long as the area to be excluded from the
Powder River Basin particulate matter attainment area encompasses the
entire 1 g/m3 ambient impact of the Kennecott/Puron
facility. In a separate rule in this Federal Register, EPA is approving
the State's December 19, 1994 request and is redesignating the Powder
River Basin particulate matter attainment area to exclude the
Kennecott/Puron PSD Baseline area, which is being designated as a
separate particulate matter attainment area. Thus, EPA's action will
``untrigger'' the particulate matter minor source baseline date in the
remaining Powder River Basin particulate matter attainment area. Refer
to that direct final rule elsewhere in this Federal Register for
further details.
Dispersion modeling of coal mines for tracking PSD increment may be
required at some time in the future, if a new or modified major
stationary source again triggers the minor source baseline date in the
Powder River Basin or by January 1, 2001 (as currently provided in the
State's definition of ``minor source baseline date''), whichever occurs
first.
Final Action
As discussed above, EPA re-proposed action on the revision to the
definition of ``ambient air'' in Section 3(d) of the WAQSR on June 23,
1994, and no comments were received on that proposed SIP approval.
Therefore, EPA is finalizing its approval of Section 3(d) of the WAQSR
and is incorporating the revised definition into the approved SIP for
Wyoming.
The Agency has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the Amendments
enacted on November 15, 1990, and has determined that this action
conforms with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to a SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify 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 government entities with jurisdiction over populations
of less than 50,000.
Approvals of SIP submittals under section 110 and subchapter I,
part D 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 impose any new
requirements, I certify that it
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does not have a significant impact on small entities affected.
Moreover, due to the nature of the Federal-state relationship under the
Clean Air Act, preparation of a regulatory 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. E.P.A., 427 U.S. 246,
256-66 (1976); 42 U.S.C. 7410(a)(2).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 110 of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. The rules being approved by this action will
impose no new requirements; such sources are already subject to these
regulations under State law. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action. EPA has also determined that this final action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
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 November 13, 1995. 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 must 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)).
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernment
relations, Particulate matter, Reporting and recordkeeping
requirements.
Dated: August 10, 1995.
Jack W. McGraw,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart ZZ--Wyoming
2. Section 52.2620 is amended by adding paragraph (c)(22) to read
as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(c) * * *
(22) On September 6, 1988, the Governor of Wyoming submitted
revisions to Section 3 of the Wyoming Air Quality Standards and
Regulations, adding subsection (d) which defines ``ambient air'' for
surface coal mines located in Wyoming's Powder River Basin.
(i) Incorporation by reference.
(A) Revisions to Section 3(d) of the Wyoming Air Quality Standards
and Regulations, effective June 5, 1987.
(ii) Additional material.
(A) Memorandum of Agreement signed on December 22, 1993 by Dennis
Hemmer, Director, Department of Environmental Quality, State of
Wyoming, and on January 24, 1994 by Patricia D. Hull, Director, Air,
Radiation and Toxics Division, EPA Region VIII.
[FR Doc. 95-22149 Filed 9-11-95; 8:45 am]
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