Air quality implementation plans; approval and promulgation; various States: Wyoming,

[Federal Register: May 10, 2004 (Volume 69, Number 90)]

[Proposed Rules]

[Page 25866-25869]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10my04-25]

[[Page 25866]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIP NO. WY-001-0013; FRL-7659-3]

Approval and Promulgation of Air Quality Implementation Plans; Wyoming; Restructuring and Renumbering of Wyoming Air Quality Standards and Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Wyoming on September 12, 2003. The submitted revisions restructure the Wyoming Air Quality Standards and Regulations (WAQS&R) from a single chapter into thirteen separate chapters and renumber the provisions within each chapter. The submitted revisions contain no substantive changes to the existing SIP-approved regulations. The intended effect of this action is to make federally enforceable the restructured WAQS&R. This action is being taken under section 110 of the Clean Air Act.

DATES: Comments must be received on or before June 9, 2004.

ADDRESSES: Submit your comments, identified by Docket ID No.WY-001- 0013, by one of the following methods:

Federal eRulemaking Portal: http://www. regulations. gov.

Follow the on-line instructions for submitting comments.

E-mail: long.richard@epa gov and mastrangelo. domenico@epa.. gov.

Fax: (303) 312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments).

Mail: Richard R. Long, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P- AR, 999 18th Street, Suite 300, Denver, Colorado 80202-2466.

Hand Delivery: Richard R. Long, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202- 2466. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding federal holidays. Special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No.WY-001-0013. EPA's policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov, or e-mail. The federal regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to Section I. General Information of the SUPPLEMENTARY INFORMATION section of this document.

Docket: Some information in the docket may not be publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Publicly available docket materials are available in hard copy at the Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202-2466. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the docket. You may view the docket Monday through Friday, 8 a.m. to 4 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Domenico Mastrangelo, Air & Radiation Program, Mailcode 8P-AR, EPA, Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, (303) 312-6436, mastrangelo. domenico@epa. gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

1. General Information II. Summary of SIP Revision

   1. Background

   2. Did Wyoming Follow the Proper Procedures for Adopting this Action?

   3. Evaluation of September 12, 2003 Submittal III. Proposed Action IV. Statutory and Executive Order Reviews

   Definitions

   For the purpose of this document, we are giving meaning to certain words or initials as follows:

   (i) The words or initials Act or CAA mean or refer to the Clean Air Act, unless the context indicates otherwise.

   (ii) The words EPA, we, us or our mean or refer to the United States Environmental Protection Agency.

   (iii) The initials SIP mean or refer to State Implementation Plan.

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

1. General Information

   1. What Should I Consider as I Prepare My Comments for EPA?

   1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

   2. Tips for Preparing Your Comments. When submitting comments, remember to:

   1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number).

   2. Follow directions--The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

   3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

   4. Describe any assumptions and provide any technical information and/or data that you used.

   5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

   6. Provide specific examples to illustrate your concerns, and suggest alternatives.

   7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

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   8. Make sure to submit your comments by the comment period deadline identified.

2. Summary of SIP Revision

   1. Background

      On August 9, 2000, the State submitted to EPA a SIP revision that restructured and renumbered the entire set of its air regulations from a single chapter into thirteen separate chapters, and modified the content of some of the regulations. On August 7, 2001, the State submitted a SIP revision adopting credible evidence provisions and modifying the definition of volatile organic compounds (VOCs) in the State's air regulations. On August 13, 2001, the State submitted a SIP revision modifying several chapters of its air regulations to correct deficiencies or bring regulations up to date with the Federal regulations. On February 6, 2002 (67 FR 5485) EPA published a Direct Final Rule partially approving and partially disapproving the Wyoming SIP revisions submitted on the dates indicated above.

      In the aftermath of this EPA action, EPA received adverse comments from the Wyoming Outdoor Council (on March 7, 2002), and a March 8, 2002 letter from the State of Wyoming requesting the withdrawal of the SIP revisions submitted on August 9, 2000, August 7, 2001 and August 13, 2001. In response, on April 1, 2002 (67 FR 15335) EPA published a notice withdrawing its February 6, 2002 action.

      On September 12, 2003, the State of Wyoming submitted to EPA a request for approval of revisions containing changes in the structure and number of the State's SIP provisions, but containing no substantive changes. Following EPA's approval of these renumbering revisions, the State of Wyoming plans to submit to EPA requests for substantive changes and updates to its SIP provisions.

   2. Did Wyoming Follow the Proper Procedures for Adopting This Action?

      Section 110(k) of the Act addresses our actions on submissions of SIP revisions. The Act also requires States to observe certain procedures in developing SIP revisions. We have evaluated the State's submission and determined that the necessary procedures were followed. We also must determine whether a submittal is complete and therefore warrants further review and action (see section 110(k)(1) of the Act). We reviewed the State's September 12, 2003 submission against our completeness criteria in 40 CFR Part 51, Appendix V. We determined this submission was complete and notified the State in a letter dated January 22, 2004.

   3. Evaluation of September 12, 2003 Submittal

      We reviewed the September 12, 2003 submittal and found that the renumbered and restructured revisions of the Wyoming Air Quality Standards and Regulations contain no substantive changes from the prior codification that is approved into the SIP.\1\

      \1\ During the review of the September 12, 2003 submittal, EPA identified typographical errors and incorrect cross references. In a January 12, 2004 letter, the State of Wyoming addressed these two items. The State provided replacement pages for the following typographical errors: (1) Page 12 of the regulations, Figure 1, ``Particulate Emission Limits'', the division line was missing in the equation, and the bottom lines (equal signs) were also missing from the ``less than or equal to'' (