Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; Wyoming; Corrections

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[FRL-5560-4]

Approval and Promulgation of Implementation Plans; Designation of

Areas for Air Quality Planning Purposes; Wyoming; Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rulemaking.

-----------------------------------------------------------------------

SUMMARY: EPA is promulgating corrections to the State Implementation

Plan (SIP) for the State of Wyoming regarding the State's ambient

standards for fluorides and hydrogen sulfide and the State's odor

control regulation. EPA has determined that these rules were

erroneously incorporated into the SIP. EPA is removing these rules from

the approved Wyoming SIP because the rules do not have a reasonable

connection to the national ambient air quality standards (NAAQS) and

related air quality goals of the Clean Air Act. The intended effect of

this correction to the SIP is to make the SIP consistent with the

requirements of the Clean Air Act, as amended in 1990 (``the Act''),

regarding EPA action on SIP submittals and SIPs for national primary

and secondary ambient air quality standards.

In addition, EPA is amending the boundary description for the

``Powder River Basin'' PM-10 unclassifiable area in 40 CFR 81.351. EPA

promulgated revisions to 40 CFR 81.351 in a November 3, 1995

rulemaking, and EPA erroneously published an incorrect boundary

description for the Powder River Basin area. This document corrects

that error.

DATES: This action will become effective on November 5, 1996, unless

adverse comments are received within 30 days of publication. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the documents relative to this action are

available for inspection during normal business hours at the following

location: Air Program, Environmental Protection Agency, Region VIII,

999 18th Street, Suite 500, Denver, Colorado 80202-2466.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8P2-A, Environmental

Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver,

Colorado 80202-2466, (303) 312-6445.

SUPPLEMENTARY INFORMATION:

I. Corrections to SIP

The Act was first amended in 1970. At this time, a large number of

SIPs were submitted to EPA to fulfill the new Federal requirements. In

many cases, states and districts submitted their entire programs,

including many elements not required pursuant to the Act. Due to

resource constraints at that time, EPA's review of these submittals

focused primarily on the required technical, legal, and enforcement

elements of the submittals. At the time, EPA did not perform a detailed

review of the numerous provisions submitted, to determine if each

provision was related to protection of the NAAQS. Provisions approved

as part of states' SIPs should generally be related to attainment and

maintenance of the NAAQS, consistent with the authority in section 110

of the Act under which these plans are approved by EPA.

During a recent review of the contents of the Wyoming SIP, EPA

determined that three provisions of the State's rules were approved as

part of the SIP which did not have a reasonable connection to the

NAAQS-related air quality goals of the Act. These State rules include

the ambient standard for hydrogen sulfide in Section 7 of the Wyoming

Air Quality Standards and Regulations (WAQSR), the 1972 version of the

ambient standard for fluorides in Section 11 of the WAQSR,1 and

the odor control rules in Section 16 of the WAQSR. In addition,

documents included in the State's November 19, 1993 title V operating

permit program submittal indicated that the State did not consider

these three rules part of the federally-approved SIP. EPA consequently

notified the State of this discrepancy in a June 26, 1995 letter and

offered to correct the SIP pursuant to section 110(k)(6) of the Act by

removing these three rules from the SIP, since they are not reasonably

connected to the NAAQS-related air quality goals of the Act. The State

responded in a letter dated September 19, 1995 requesting that EPA

remove these three provisions from the approved SIP.

\1\ Section 11 of the WAQSR was amended by the State in 1986,

but that version was never submitted to, or approved by, EPA as part

of the SIP for Wyoming.

---------------------------------------------------------------------------

Section 110(k)(6) of the amended Act provides: Whenever the

Administrator determines that the Administrator's action approving,

disapproving, or promulgating any plan or plan revision (or part

thereof), area designation, redesignation, classification, or

reclassification was in error, the Administrator may in the same

manner as the approval, disapproval, or promulgation revise such

action as appropriate without requiring any further submission from

the State. Such determination and the basis thereof shall be

provided to the State and public.

Since the State of Wyoming's rules for hydrogen sulfide ambient

standards, fluoride ambient standards, and odor control have no

reasonable connection to the NAAQS-related air quality goals of the Act

and since the State has requested that EPA remove these rules from the

approved SIP, EPA has found that approval of these State rules was in

error. Consequently, EPA is removing Sections 7, 11, and 16 of the

WAQSR from the approved Wyoming SIP pursuant to section 110(k)(6) of

the Act.

II. Correction of Boundary Description for the Powder River Basin

Area

On November 3, 1995, EPA promulgated revisions to the State of

Wyoming's PM-10 area designation table in 40 CFR 81.351 pursuant to the

State's adoption and EPA's approval of prevention of significant

deterioration (PSD) increments for PM-10 (see 60 FR 55800). In that

notice, EPA cited an earlier and incorrect boundary description for the

area designated as the ``Powder River Basin'' in Campbell and Converse

counties. EPA promulgated a revised boundary description for the Powder

River Basin area on September 12, 1995 (60 FR 47299), and that revised

boundary

[[Page 47059]]

should have been reflected in the November 3, 1995 rulemaking.

Therefore, this notice corrects the boundary description for the Powder

River Basin area to reflect the September 12, 1995 rulemaking.

III. Final Action

EPA is removing Sections 7, 11, and 16 of the WAQSR from the

approved Wyoming SIP pursuant to section 110(k)(6) of the Act. In

addition, EPA is correcting the boundary description for the Powder

River Basin PM-10 unclassifiable area in 40 CFR 81.351 to reflect the

boundary description promulgated for the area on September 12, 1995 (60

FR 47299).

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to correct the SIP should

adverse or critical comments be filed. Under the procedures established

in the May 10, 1994 Federal Register (59 FR 24054), this action will be

effective November 5, 1996, unless, by October 7, 1996, adverse or

critical comments are received.

If such comments are received, this action will be withdrawn before

the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. EPA will not institute a second comment period on this

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, the public is

advised that this action will be effective on November 5, 1996.

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.

IV. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

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. This action does not impose any new requirements.

Therefore, the Administrator certifies that this action will not have a

significant impact on a substantial number of small entities.

C. 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

the 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 this correction 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 corrects this

state implementation plan, pursuant to section 110(k)(6) of the Act, by

removing three State rules that were erroneously incorporated into the

SIP. Thus, this action will impose no new requirements. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. 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 November 5, 1996. 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)).

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Particulate

matter, Reporting and recordkeeping requirements, Volatile organic

compounds.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: August 14, 1996.

Jack W. McGraw,

Acting Regional Administrator.

Title 40, chapter I 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. A new Sec. 52.2634 is added to read as follows:

Sec. 52.2634 Correction of approved plan.

The following rules of the Wyoming Air Quality Standards and

Regulations have been removed from the approved plan pursuant to

section 110(k)(6) of the Clean Air Act (as amended in 1990): Section 7,

Hydrogen Sulfide; Section 11, Fluorides; and Section 16, Odors.

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

[[Page 47060]]

Authority: 42 U.S.C. 7401-7671q.

2. In Sec. 81.351, the Wyoming PM-10 table is amended by revising

the entry for ``Powder River Basin'' to read as follows:

Sec. 81.351 Wyoming.

* * * * *

Wyoming--PM-10

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area ---------------------------------------------------------------------

Date Type Date Type

----------------------------------------------------------------------------------------------------------------

* * * * * *

Campbell County (part).................... 11/15/90 Unclassifiable............ ...........

Converse County (part).

That area bounded by Township 40 through

52 North, and Ranges 69 through 73 West,

inclusive of the Sixth Principal

Meridian, Campbell and Converse Counties,

excluding the areas defined as the

Pacific Power and Light Area, the

Hampshire Energy Area, and the Kennecott/

Puron PSD Baseline Area.--Powder River

Basin.

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 96-22645 Filed 9-5-96; 8:45 am]

BILLING CODE 6560-50-P