Approval and Promulgation of State Implementation Plans; Wyoming

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)

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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.

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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]

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