Page 1 of 6 TECHNICAL SUPPORT DOCUMENT
EPA

- R08

- OAR

- 20 1 3

- 0006
AIR TRAX II No. ATX

- 157

Environmental Protection Agency Approval and Promulgation of Air Quality Implementation Plans; Wyoming; Revisions to the Wyoming Air Quality Standards and Regulations ; A mbient s tandards for Pa rticulate M atter and for L ead

.

I. Background of Wyoming’s Submissions

On August 19, 2011 the State of Wyoming submitted to EPA a formal revision package detailing two rulemakings (R

- 4 and R

- 18) as revisions to Wyoming's State Implementation Plan (SIP). The package information was entered into EPA’s Airtrax II tracking system and ID
number ATX

- 157 was assigned

. The EPA docket number assigned is EPA

- R08

- OAR

- 2013

- 000 6. These revisions amend the WAQSR. In pa rticular, Wyoming has revised chapter 2, “Ambient Standards,” section 2, “Ambient standards for particulate matter,” section 10, “Ambient standards for lead,” and section 12, “Incorporation by reference.”

The Wyoming Environmental Quality Council made th ese changes by amending chapter 2, including sections 2, 10 and 12, via rulemakings R

- 4 and R

- 18 on February 18, 2000, and July 8, 2010, respectively. In accordance with the Wyoming Administrative Procedures Act, the revisions were forwarded to the Wyomin g Governor’s Office where it was approved, and then transmitted to the Wyoming Secretary of State’s office and became effective on March 30, 2000 and September 7, 2010, respectively. All necessary state reviews and approvals have been
secured.

In rulem aking R

- 4, Section 2, the particulate matter ambient standard, was amended to adopt the PM 2.5 (particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) standard into the State rule

. Rulemaking R

- 18 made the state PM2.5 ambient standards consistent with federal standards, but no more stringent than federal standards, while deleting the annual PM10 standard and retaining the 24

- hour ambient air quality standard for
PM10. R

- 18 also amen ded section 10, the Pb ambient standard, making Wyoming's Pb ambient standard consistent with, but no more stringent than, the federal standard, and added section 12 to consolidate all incorporation by references for the chapter into one section.

II. EPA’ s Evaluation of Wyoming’s Submissions

The SIP revisions in the August 19, 2011submittal involve chapter 2, “Ambient Standards,” section 2, “Ambient standards for particulate matter,” section 10, “Ambient standards for lead,” and section 12, “Incorporation by reference.” To determine if Wyoming's submissions should be approved by EPA, EPA evaluate d the submissions for consistency with the CAA and EPA regulations.Page 2 of 6 In rulemaking R

- 4, section 2, the particulate matter ambient standards were amended to
ado pt the annual and 24

- hour PM2.5 (particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) NAAQS into the State rule

. This is consistent with the
CAA as in 1997 EPA established annual and 24

- hour NAAQS for PM2.5 for the first time. This requirement has been part of WAQSR since its incorporation on February 18, 2000

.

In rulemaking R

- 18, section 2 was amended to make the State PM2.5 ambient standards consistent with federal standards, but no more stringent than federal standards. The section now sets the primary and secondary ambient air quality standards for PM2.5 at 15 micrograms per cubic meter (ug/m3) annual arithmetic mean concentration, and; 35 micrograms per cubic meter (ug/m3)

– 98th percentile 24

- hour a verage concentration. The change defines attainment of the
annual and 24

- hour standards in accordance with Appendix N of 40 CFR part 50. It further sets the measurement of PM2.5, for the purpose of determining attainment of the standards, as
determined b y a reference method based on 40 CFR part 50, Appendix L and designated in accordance with 40 CFR part 53 or an equivalent or alternate method designated in accordance
with 40 CFR Part 53. The revision also retains the 24

- hour PM10 ambient air standards for PM10 particulate matter at 150 micrograms per cubic meter 24

- hour average concentration with not more than one expected exceedance per year, and defines attainment of the 24

- hour standard as determined in accordance with Appendix K of 40 CFR part 50. These changes correlate with the requirements of 40 CFR parts 50 and 53 as of the August 19, 2011 date of Wyoming’s submittal. The State also removed the annual PM10 standard from their regulations. This is permissible as the EPA revoked the annual PM10 NAAQS in a 2006 rulemaking (71 FR 61224, October 17, 2006)

.

In rulemaking R

- 18, section 2 was further amended to make the State Pb ambient standards consistent with federal standards, but no more stringent than federal standards. The
section now sets the primary and secondary ambient air quality standards for Pb at 0.15 micrograms per cubic meter, arithmetic mean concentration over a 3

- month period. It further defines the measurement of Pb in the ambient air as Pb either by: a reference method based on 4 0 CFR part 50, Appendix G and designated in accordance with 40 CFR part 53, or an equivalent method designated in accordance with 40 CFR part 53. The section now defines that primary and secondary ambient air quality standards for Pb are met when the maxi mum arithmetic 3

- month mean concentration for a 3

- year period, as determined in accordance with Appendix R of 40 CFR part 50, is less than or equal to 0.15 micrograms per cubic meter. These changes correlate with the requirements of 40 CFR parts 50 and 53 as of the August 19, 2011 date of Wyoming’s submittal

.

Finally, in rulemaking R

- 18, Chapter 2 was amended by adding a new section 12 “Incorporation by reference.” This section was added to simply consolidate all adoption by reference for Chapter 2 in on e place. It defines the CFRs cited in the chapter as those published as of July 1, 2008, and details where copies of the applicable CFRs can be found for public inspection and to obtain copies. These changes correlate with the requirements of 40 CFR part s 50 and 53 as of the August 19, 2011 date of Wyoming’s submittal

.Page 3 of 6 III. Con clusion

EPA has reviewed Wyoming's rule amendments and additions analyzed above . The se rule s mirror applicable language in 40 CFR Parts 50 and 53. The changes quoted above provide the regulation necessary for the State to determine compliance with the CAA for PM2.5, PM10 and Pb NAAQS. Therefore, these WAQSR changes and additions are consistent with the CAA and EPA regulations

. As a result, it is re commended that the EPA approve the State Implementation Plan (SIP) revision submitted by the State of Wyoming consisting of the above discussed applicable portions of rulemakings R

- 4 and R

- 18 submitted on August 19, 2011 to EPA Region 8

.

I V

. Consideration of Section 110(l) of the CAA

Under section 110(l) of the CAA, EPA cannot approve a SIP revision if the revision would interfere with any applicable requirements concerning attainment and reasonable further progress toward attainment of the NAAQS or any other applicable requirement of the Act. In addition, section 110(l) requires that each revision to an implementation plan submitted by a state shall be adopted by such state after reasonable notice and public hearing

.

The Wyoming SIP revisions that are recommended for EPA approv al do not interfere with attainment of the NAAQS or any other applicable requirement of the Act. The first revision (R

- 4) revises the WAQSR particulate matter ambient standard to adopt the annual and 24

- hour
PM2.5 standards into the State rule. The second revision (R

- 18) makes the State annual and 24

- hour PM2.5 and Pb ambient standards consistent with federal standards, but no more stringent than federal standards. This revision also adds a section that simply consolidates all a doption by reference for chapter 2 in one place. The revisions were adopted after reasonable public notice, and after public hearings held on February 17, 2000, and July 8, 2010, respectively. All necessary State reviews and approvals have been secured. Therefore, CAA section 110(l) requirements are satisfied

.

V. Final Action

It is recommended that EPA approve the SIP revisions that Wyoming submitted to EPA Region 8 on August 19, 2011

. The Environmental Quality Council of the Wyoming Department
of Environmental Quality adopted revisions to Chapter 2, “Ambient Standards,” Section 2,”Ambient standards for particulate matter,” Section 10, “Ambient standards for lead,” and Section 12, “Incorporation by reference,” of the WAQSR as revisions to the SIP

.

It is also recommended that EPA publishes this rule as a direct final rule without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse

comments. Accordingly, in the Proposed Rules section of the same day Federal Register publication, a separate document will be published that will serve as the proposal to approve the
SIP revision if adverse comments are filed. This rule w ould be effective 60 days after publication in the Federal Register without further n otice unless we receive adverse commentsPage 4 of 6 by 30 days after publication in the Federal Register. 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 would t hen address all public comments in a subsequent final rule based on the proposed rule. We w ould not institute a second comment period on this action. I f we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment.

V I

. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive O rder 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond tho se imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq ). Because this rule approves pre

- existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the
Unfunded Ma ndates Reform Act of 1995 (Public Law 104

- 4).

This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have
substa ntial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard.

In reviewing SIP submissions, EPA’s role is to approve state choices, provide d that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It w ould thus be inconsistent with applicable law for EPA, when it reviews a SIP submission; to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technolo gy Transfer and Advancement Act of 1995 (15 U.S.C.Page 5 of 6 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq ).

The Congressional Review Act, 5 U.S .C. section 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 eac h House of the 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 Stat es prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. section 804(2).

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 within 60 days from date of publication of this document in the Federal Register . Filing a petition for

recons ideration by the Administrator of this final rule does not affect the finality of this action 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rath er than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its req uirements. (See section 307(b)(2).)

V II

. Changes to CFR

40 CFR part 52 is amended as follows:
PART 52

– APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority for citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart ZZ

- Wyoming 2. In section 52.2620, the table in paragraph (c)(1) is amended under Chapter 2 by revising the entries for Sections 2 and 10 and by adding an entry for Section 12 in numerical order to read as follows:
52.2620 Identification of plan
* * * * * (c) * * * (1) * * *

State Citation Title/subject State adopted and
effective
date EPA approval
date and citation Explanations

* * * * * * * Chapter 2Page 6 of 6 Section 2 Ambient standards for particulate matter. 2/18/2000,
7/8/2010 and 3/30/2000,
9/7/2010 [ insert Federal Register publication
date ], [ insert Federal Register page
number where
document begins ]

* * * * * * *

Section 10 Ambient standards for lead. 7/8/2010,
9/7/2010 [ insert Federal Register publication
date ], [ insert Federal Register page
number where
document begins ]

* * * * * * *

Section 12 Incorporation by reference. 7/8/2010,
9/7/2010 [ insert Federal Register publication
date ], [ insert Federal Register page
number where
document begins ]

* * * * * * *

* * * * *