Ref: 8P-AR 

MEMORANDUM 

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 received. 

FROM: Steven Pratt, Environmental Engineer~ --/0/;7/flf Air Program- Air Quality Planning 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 Air Quality Standards and 

Regulations (W AQSR) 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 public 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 

was categorized as a "general comment," states "This EPA regulation should be back traced to it's 

originator maybe. It would take less time." Copies of the FDMS printout detailing the comment is 

attached. 

Under the APA, we are only requ ired to consider and respond to "relevant" comments. Also, in the 

notice (79 FR 50840) on page 50840, section "V. Final Action" we state: 

This rule will be effective October 27, 2014 without further notice unless we receive adverse comments 

by September 25, 2014. 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. 
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