Ref : 8P-AR 

### MEM ORANDUM UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER , CO 80202-1129 Phone 800-227-8917 http ://www

. epa .gov/region08 

## OCT 17 2014

SUBJECT: Approval and Promulgation of Air Quality Implementation Plans ; Wyoming; Revisions to the Wyoming Air Quality Standards and Regulations; Ambient standards for Particulate Matter and for Lead.- Comment receive d
. FROM: Steven Pratt, Environmental

# Engineer**~ --** **/0/;7/flf** Air Program- Air Quality P lanning Unit TO: Docket File No. EPA

-R08-0AR-2013-0006 AIRTRAX No. ATX-157 On August 26 , 2014 , EPA published in the Federal Register proposed and direct final rulemaking actions that approved State Implementation Plan (SIP) revisions submitted by the state of Wyoming on August 19 , 2011. (79 FR 50840). The revision affects Wyoming ' s A ir Quality Standards and Regulations (WAQSR) regarding ambient standards for particulate matter and for lead (Pb)
. We approved Wyoming ' s SIP revision as a direct final rule without prior proposal because we view the SIP revisions as noncontroversial and anticipated no adverse comments. The publ i c comment period ran from August 26,2014 to September 25,2014. On September 25 , 2014 , the last day of the public comment period , a single, anonymous comment was received through the Federal Document Management System (FDMS) website. The comment, which wa s categorized as a " general comme nt, " states " This EPA regulation should be back traced to it's originator maybe. It would take less time. " Cop i es of the FDMS printout detailing the comment is attached
. Under the APA , we are on ly requ ired to consider and respond to "relevant" comments
. A lso , in the notice (79 FR 50840) on page 50840 , section " V. Final Action" we state: 

### This rule will be e ff ective October 2 7, 2014 without further notice unless we rece ive adve rse comments b

y Se ptemb e r 25, 2014. 

## If we receive adverse comment s, we will publish a timely withdrawal in the Fede ral Regis ter informing the public that the rule will not take effect
.The public comment fails to meet the " adverse " requirement because the language is nonsensical , the use of the word "maybe" makes the comment indefinite , and it provides no suggestion or basis to alter or reconsider the proposed rule. Accordingly , there is no information here for us to consider regarding the SIP and there is nothing we could say in response. No changes to the DFR would be made should we withdraw it and republish it as a Final Rule without further public comment (the procedure with adverse comments). This comment does not rise to the required standards , and for the reasons stated above , the comment will not be considered adverse and no further action will be taken. The DFR published in the Federal Register on August 26 , 2014 (79 FR 50840) remains as final.
Attachment

# PUBLIC SUBMISSION

Docket: 

## EPA-R08-0AR-2013-0006 Page 1 of 1 As of: 

## 9/30/14 3:30PM Received: 

## September 25, 2014 Status: 

## Draft Tracking No. 

## ljy-8ekl-xk6k Comments Due: 

## September 25, 2014 Submission Type: 

## Web Approval and Promulgation of State Implementation Plans; Wyoming; Ambient Air Quality Standards, PM2.5 and Lead Comment On: 

## EPA-R08-0AR-2013-0006-0002 Air Quality State Implementation Plans; Approvals and Promulgations: Wyoming; Revisions to the Wyoming Air Quality Standards and Regulations; Ambient Standards for Particulate Matter and for Lead Document: 

## EPA-R08-0AR-2013-0006-DRAFT-0008 Comment on EPA-R08-0AR-2013-0006-0002 

# Submitter Information
General Comment This EPA regulation should be back traced to it's originator maybe. It 

## would take less time.

httns: //www .fdms.Q:ov/fdmsl!zetcontent?obiectld= 0900006481891407&format=x... 9/30/2014