Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62859 

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 requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 24, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as set 

forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by revising the table 

heading entitled ‘‘Chapter 5—Air 

Quality Standards and Air Pollution 

Control Regulations for the St. Louis 

Metropolitan Area’’ and the entry under 

‘‘Chapter 5—Air Quality Standards and 

Air Pollution Control Regulations for 

the St. Louis Metropolitan Area’’ for 

‘‘10–5.040’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title 

State 

effective 

date 

EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 5—Air Quality Regulations and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

*******

10–5.040 ........................... Control of Emissions from Hand-Fired Equipment .... 05/30/12 10/21/14 [Insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2014–24866 Filed 10–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0183; FRL–9918–20– 

Region 8] 

Approval and Promulgation of 

Implementation Plans; Wyoming; 

Revisions to the Air Quality Standards 

and Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving changes to 

Wyoming’s State Implementation Plan 

(SIP). On February 10, 2014, the 

Wyoming Department of Environmental 

Quality (WDEQ) submitted to EPA 

revisions to the Wyoming SIP. These 

revisions included the removal of an 

exemption from Wyoming Air Quality 

Standards and Regulations (WAQSR) 

Chapter 3, section 2(d). In this action, 

EPA is approving the revision of this 

provision into the SIP because the 

revision is consistent with Clean Air Act 

(CAA) requirements. The revision will 

correct certain deficiencies related to 

the treatment of excess emissions from 

sources. EPA will address the remaining 

revisions from Wyoming’s February 10, 

2014 submission in a separate action. 

DATES: This final rule is effective 

November 20, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R08–OAR– 

2014–0183. All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, U.S. Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, (303) 

312–7104, clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials IBR mean or refer to 

incorporation by reference. 

(iv) The initials SIP mean or refer to 

state implementation plan. 

(v) The initials SSM mean or refer to 

startup, shutdown, and malfunction. 

(vi) The words State or Wyoming 

mean the State of Wyoming, unless the 

context indicates otherwise. 


asabaliauskas on DSK5VPTVN1PROD with RULES
62860 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 

(vii) The initials WAQSR mean or 

refer to the Wyoming Air Quality 

Standards and Regulations. 

(viii) The initials WDEQ mean or refer 

to the Wyoming Department of 

Environmental Quality. 

I. Background 

On February 10, 2014, WDEQ 

submitted to EPA a SIP revision to 

WAQSR Chapter 3, section 2(d), as well 

as updates to the State’s incorporation 

by reference (IBR) of federal regulations. 

In a document published on July 16, 

2014, we proposed approval of the 

State’s revision to WAQSR Chapter 3, 

section 2(d); we did not propose to take 

any action on the remaining updates in 

the State’s February 10, 2014 submittal 

(79 FR 41509). 

In our proposed rule, we explained 

that, in accordance with the 

requirements of CAA section 

110(a)(2)(A), SIPs must contain 

enforceable emission limitations and, in 

accordance with the definition of 

‘‘emission limitations’’ in CAA section 

302(k), such emission limitations must 

be continuous. In addition, under CAA 

section 304(a), any person may bring a 

civil action against any person alleged 

to have violated (if there is evidence 

that the alleged violation has been 

repeated) or to be in violation of an 

‘‘emission standard or limitation’’ under 

the CAA. For the purposes of section 

304, ‘‘emission standard or limitation’’ 

is defined in section 304(f) and includes 

SIP emission limitations. Thus, SIP 

emission limitations can be enforced in 

a section 304 action and so must be 

capable of enforcement. SIP provisions 

that create exemptions such that excess 

emissions during startup, shutdown, 

malfunctions (SSM) and other 

conditions are not violations of the 

applicable emission limitations are 

inconsistent with these fundamental 

requirements of the CAA with respect to 

emission limitations in SIPs. 

For these reasons, we proposed 

approval of Wyoming’s revision of 

WAQSR Chapter 3, section 2(d). 

Previously, certain language in WAQSR 

Chapter 3, section 2(d) created an 

exemption for particulate matter 

emissions in excess of a 30 percent 

opacity standard from diesel engines 

during startup, malfunction, and 

maintenance. Because this provision 

allowed exemptions from the otherwise 

applicable SIP emission limitation, it 

was inconsistent with CAA 

requirements. The State’s revision to 

section 2(d) addresses this deficiency by 

removing the problematic language. 

This revision is sufficient to correct 

the inadequacies contained within 

section 2(d) and is consistent with the 

requirements of the CAA. As a result of 

the revision, the improper exemptions 

from emissions limitations contained 

within section 2(d) will no longer be 

available to sources. Therefore, the 

emissions limitation in section 2(d) will 

become continuous and more 

enforceable. 

II. Response to Comments 

The comment period for our July 16, 

2014 document was open for 30 days. 

EPA received supportive comments on 

this proposed action from both WDEQ 

and the Sierra Club. WDEQ also 

requested that EPA act on the remainder 

of the February 10, 2014 submittal as 

expeditiously as possible. EPA 

acknowledges these comments. 

III. EPA’s Final Action 

We are approving the State’s revision 

to WAQSR Chapter 3, section 2(d) of the 

Wyoming SIP, as reflected in the State’s 

February 10, 2014 submission. This 

approval effectively corrects the 

deficiency with this provision of the 

Wyoming SIP, as discussed above, in 

our proposed rule, and in EPA’s 

February 22, 2013 proposed national 

SSM SIP Call (78 FR 12533). Based on 

this final approval, EPA notes that the 

deficiency in the Wyoming SIP 

identified in the proposed SSM SIP call 

has now been correctly resolved. Thus, 

EPA’s final action on the SSM SIP call 

should not need to address this 

deficiency. We are not taking action 

today on the remainder of the February 

10, 2014 submission. 

IV. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and, 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action 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. 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. 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 by December 22, 

2014. Filing a petition for 

reconsideration 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 


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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62861 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 2, 2014. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 § 52.2620, the table titled ‘‘State 

of Wyoming Regulations’’ in paragraph 

(c)(1) is amended under Chapter 3 by 

revising the entry for Section 2 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 1 Explanations 

*******

Chapter 3 

Section 2 ........................... Emission standards for particulate matter .................. 9/12/13, 

11/22/13 

10/21/14, [insert Federal 

Register citation].

* * * * * * * 

1 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. 

* * * * * 

[FR Doc. 2014–24930 Filed 10–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0401; FRL–9918–19– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of 

Kansas; Infrastructure SIP 

Requirements for the 2008 Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve elements of a State 

Implementation Plan (SIP) submission 

from the State of Kansas addressing the 

applicable requirements of Clean Air 

Act (CAA) sections 110 for the 2008 

National Ambient Air Quality Standards 

(NAAQS) for Ozone (O3), which 

requires that each state adopt and 

submit a SIP to support implementation, 

maintenance, and enforcement of each 

new or revised NAAQS promulgated by 

EPA. These SIPs are commonly referred 

to as ‘‘infrastructure’’ SIPs. The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This final rule is effective 

November 20, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2014–0401. All 

documents in the electronic docket are 

listed in the http://www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically at http://

www.regulations.gov or in hard copy at 

U.S. Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 from 8:00 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lachala Kemp, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, KS 66219; telephone number: 

(913) 551–7214; fax number: (913) 551– 

7065; email address: kemp.lachala@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer 

to EPA. This section provides additional 

information by addressing the following 

questions: 

I. Background 

II. Summary of SIP Revision 

III. EPA’s Response to Comments 

IV. Final Action 

V. Statutory and Executive Order Review 

I. Background 

On July 16, 2014 (79 FR 41476), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Kansas. The NPR proposed approval of 

Kansas’ submissions that provide the 

basic elements specified in section 

110(a)(2) of the CAA, or portions 

thereof, necessary to implement, 

maintain, and enforce the 2008 Pb 

NAAQS. 

II. Summary of SIP Revision 

On March 19, 2013, and May 9, 2013, 

EPA received SIP submissions from the 

state of Kansas that address the 

infrastructure elements specified in 


asabaliauskas on DSK5VPTVN1PROD with RULES