65362 Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0602; FRL 9918–74– 

Region–7] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri, Controlling Emissions 

During Episodes of High Air Pollution 

Potential 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision submitted 

by the State of Missouri and received by 

EPA on December 17, 2013, pertaining 

to Missouri’s rule ‘‘Controlling 

Emissions During Episodes of High Air 

Pollution Potential.’’ This rule specifies 

conditions that establish air pollution 

alerts and emergency alert levels, and 

associated procedures and emission 

reduction objectives statewide. This 

action revises the SIP by amending an 

existing table in the rule, clarifying 

requirements of the rule related to 

emission reduction plans and other rule 

provisions, and makes administrative 

and format changes all consistent with 

Federal regulations. 

DATES: Comments on this proposed 

action must be received in writing by 

December 4, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2014–0602, by mail to Amy 

Bhesania, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. Comments may 

also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Amy Bhesania, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7147, or by email at 

bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the Federal 

Register, EPA is approving the state’s 

SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

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: October 22, 2014. 

Becky Weber, 

Acting Regional Administrator, Region 7. 

[FR Doc. 2014–26079 Filed 11–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0761; FRL–9918–87– 

Region–8] 

Partial Approval and Partial 

Disapproval and Promulgation of Air 

Quality Implementation Plans; 

Wyoming; Revisions to Wyoming Air 

Quality Standards and Regulations; 

Nonattainment Permitting 

Requirements and Chapter 3, General 

Emission Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

disapprove a portion of State 

Implementation Plan (SIP) revisions 

submitted by the State of Wyoming on 

May 10, 2011. This submittal revises the 

Wyoming Air Quality Standards and 

Regulations (WAQSR) that pertain to the 

issuance of Wyoming air quality permits 

for major sources in nonattainment 

areas. Also in this action, EPA is 

proposing to approve SIP revisions 

submitted by the State of Wyoming on 

February 13, 2013, and on February 10, 

2014. These submittals revise the 

WAQSR with respect to sulfur dioxide 

(SO2) limits and dates of incorporation 

by reference (IBR). This action is being 

taken under section 110 of the Clean Air 

Act (CAA). 

DATES: Comments must be received on 

or before December 4, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2014–0761, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Email: leone.kevin@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2014– 

0761. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA, without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 


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include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: 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. Publiclyavailable 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 Street, 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: 

Kevin Leone, Air Program, Mailcode 

8P–AR, Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

(303) 312–6227, or leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. What is being addressed in this document? 

III. What is the state process to submit these 

materials to EPA? 

IV. What are the changes that EPA is 

proposing to approve? 

V. What are the changes that EPA is 

proposing to disapprove? 

VI. What action is EPA proposing today? 

VII. Statutory and Executive Orders Review 

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 initials CFR mean or refer to Code 

of Federal Regulations. 

(iii) The words EPA, we, us or our mean 

or refer to the United States Environmental 

Protection Agency. 

(iv) The initials IBR mean or refer to 

incorporation by reference. 

(v) The initials NAAQS mean or refer to 

National Ambient Air Quality Standards. 

(vi) The initials NSPS mean or refer to New 

Source Performance Standards. 

(vii) The initials NSR mean or refer to New 

Source Review. 

(viii) The initials PM10 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than or equal to 10 

micrometers (coarse particulate matter). 

(ix) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(x) The initials SIP mean or refer to State 

Implementation Plan. 

(xi) The initials SO2 mean or refer to sulfur 

dioxide. 

(xii) The words State or Wyoming mean the 

State of Wyoming, unless the context 

indicates otherwise. 

(xiii) The initials WAQSR mean or refer to 

the Wyoming Air Quality Standards and 

Regulations. 

(xiv) The initials WEQC mean or refer to 

the Wyoming Environmental Quality 

Council. 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What is being addressed in this 

document? 

May 10, 2011 Submittal 

In this proposed rulemaking, we are 

only taking action on the addition of 

Chapter 6, Section 13 to the WAQSR. 

This new section incorporates by 

reference 40 CFR section 51.165 in its 

entirety, with the exception of 

paragraphs (a) and (a)(1), into 

Wyoming’s permit requirements. The 

rest of the May 10, 2011 submittal was 

acted on previously. On July 25, 2011, 

76 FR 44265, we approved revisions in 

the May 10, 2011 submittal to the State’s 

prevention of signification deterioration 

(PSD) program (Chapter 6, Section 4). 

Also in the May 10, 2011 submittal, 

Wyoming revised Chapter 6, Section 14 

to update the IBR of the CFR to July 1, 

2008. This revision was superseded by 

the State’s May 24, 2012 submittal, 

which updates the IBR of the CFR in 

Chapter 6, Section 14 to July 1, 2010. 

EPA approved this superseding revision 

on December 6, 2013, 78 FR 73445. 

February 13, 2013, and February 10, 

2014 Submittals 

On February 13, 2013, and on 

February 10, 2014, the State of 

Wyoming submitted to EPA formal 

revision packages containing portions of 

rulemakings R–20 and R–22(b), 

respectively, as revisions to Wyoming’s 

SIP. These revisions amend the 

WAQSR. In particular, Wyoming 

revised Chapter 3, General Emissions 

Standards, Section 4, Emission 

standards for sulfur oxides and Section 

9, Incorporation by reference in R–20, 

and then again revised Section 9, 

Incorporation by reference in R–22(b). 

The Wyoming Environmental Quality 

Council (WEQC) made these changes by 

amending WASQR Chapter 3, including 

Sections 4 and 9, via rulemaking R–20 

on October 5, 2012. They then amended 

other sections of Chapter 3, including 

the update to Section 9 included in this 

notice, on September 12, 2013 via 


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rulemaking R–22(b). Chapter 3, Section 

4, ‘‘Emission standards for sulfur 

oxides,’’ was revised in that its only two 

subsections, 4(a) and 4(f), were removed 

and Section 4 was relabeled as 

‘‘Reserved’’ for future use. Section 9 of 

Chapter 3, ‘‘Incorporation by reference,’’ 

was added to adopt by reference the 

CFR to July 1, 2012. 

The SIP revisions in the February 13, 

2013 and February 10, 2014 submittals 

that we are proposing to act on involve 

the WASQR Chapter 3, ‘‘General 

Emissions Standards,’’ Section 4, 

‘‘Emission standards for sulfur oxides,’’ 

and Section 9, ‘‘Incorporation by 

reference.’’ Section 4 covers only sulfur 

oxide emissions from specific sulfuric 

acid production processes. 

III. What is the state process to submit 

these materials to EPA? 

Section 110(k) of the CAA addresses 

EPA’s actions on submissions of 

revisions to a SIP. The CAA requires 

states to observe certain procedural 

requirements in developing SIP 

revisions for submittal to EPA. Section 

110(a)(2) of the CAA requires that each 

SIP revision be adopted after reasonable 

notice and public hearing. This must 

occur prior to the revision being 

submitted by a state to EPA. 

For the May 10, 2011, submittal, the 

WEQC held a public hearing on July 8, 

2010 to hear proposed revisions to the 

WAQSR from the Wyoming Department 

of Environmental Quality, including the 

addition of Chapter 6, Section 13, 

Nonattainment permit requirements. 

After reviewing comments received 

before and during the hearing, the 

WEQC approved the proposed revisions 

on July 8, 2010. The Governor submitted 

these SIP revisions to EPA on May 10, 

2011. 

For the February 13, 2013, submittal, 

the WEQC held a public hearing on 

October 5, 2012. Several comments were 

received in support of the rulemaking. 

For the February 10, 2014, submittal, 

the WEQC held a public hearing on 

September 12, 2013. Only one comment 

with respect to the incorporation by 

reference date of July 1, 2012 was 

received. That comment was adequately 

addressed. 

In accordance with the Wyoming 

Administrative Procedures Act, the 

revisions were forwarded to the 

Wyoming Governor’s Office where they 

were approved, and then transmitted to 

the Wyoming Secretary of State’s office. 

We have evaluated the Governor’s 

submittal of the submitted revisions and 

have determined that the State met the 

requirements for reasonable notice and 

public hearing under Section 110(a)(2) 

of the CAA. 

IV. What are the changes that EPA is 

proposing to approve? 

EPA is proposing to approve the SIP 

revisions as submitted by Wyoming on 

February 13, 2013 and February 10, 

2014. These submittals involve the 

WASQR Chapter 3, ‘‘General Emissions 

Standards,’’ Section 4, ‘‘Emission 

standards for sulfur oxides,’’ and 

Section 9, ‘‘Incorporation by reference.’’ 

Section 4 covers only sulfur oxide 

emissions from specific sulfuric acid 

production processes. 

Chapter 3, Section 4, Emission 

standards for sulfur oxides, established 

limits on the quantity, rate or 

concentration of SO2 emissions from 

sulfuric acid production facilities 

producing sulfuric acid by the contact 

process by burning elemental sulfur, 

alkylation acid, hydrogen sulfide, 

organic sulfides, mercaptans, or acid 

sludge. Section 4 is one of the oldest 

sections in the WAQSR, and was 

approved into the SIP prior to the 1990 

CAA Amendments. The State is 

removing the section as these older 

regulations (subparts 4(a) and 4(f)—the 

only subparts remaining in Section 4) 

have been superseded by other 

regulations that are at least as stringent. 

The superseding regulations are EPA’s 

New Source Performance Standards 

(NSPS) and New Source Review (NSR) 

program. The NSPS regulations are 

located in Title 40 ‘‘Protection of the 

Environment,’’ Part 60 ‘‘Standards of 

Performance for New Stationary 

Sources.’’ Specific NSPS requirements 

for sulfuric acid plants are found in 

Subpart H, sections 60.80 through 60.85. 

Wyoming’s EPA approved NSR program 

is found in the WAQSR at Chapter 6, 

Section 2 ‘‘Permit requirements for 

construction, modification and 

operation’’ and Section 4 ‘‘Prevention of 

significant deterioration.’’ 

The emissions standards in the 

sections that Wyoming is requesting to 

remove apply to the same sulfuric acid 

production units as in the NSPS 

requirements specifically detailed in 40 

CFR part 60, section 60.81(a). 

Wyoming’s emission standards were 

also numerically the same as those 

required in NSPS requirements at 40 

CFR part 60, section 60.82(a). EPA’s 

NSPS regulations apply to any sulfuric 

acid production facility (as defined 

above) that commenced construction or 

modification after August 17, 1971. 

Although WAQSR Chapter 3, Section 4 

applies statewide (except for Indian 

country), the only two facilities under 

jurisdiction of the State of Wyoming are 

the Lurgi Sulfuric Acid Plant (Unit 9a) 

and the MEC Sulfuric Acid Plant (Unit 

9b), both located at the Simplot 

Phosphates LLC Rock Springs Fertilizer 

Complex in the City of Rock Springs, in 

the southwest corner of Wyoming. The 

two plants were put into operation in 

1986 and 1995, respectively, so are, and 

have always been, under NSPS 

regulatory requirements. In addition, the 

NSR permits for these facilities contain 

the same limits as the NSPS. 

Therefore, Wyoming’s removal of the 

SO2 limit for these facilities will have 

no adverse effect on ambient air quality, 

including that of Wyoming’s only 

nonattainment area for particulate 

matter with an aerodynamic diameter of 

less than or equal to 10 micrometers 

(PM10—coarse particulate matter) 

located more than 200 miles north near 

Sheridan, Wyoming. All current and 

future sulfuric acid plant SO2 emitting 

sources in the State will be regulated 

under federally enforceable programs 

that are at least as stringent as the SO2

limit that Wyoming is removing. Thus, 

removal of the limit will not interfere 

with the national ambient air quality 

standards (NAAQS) and will not 

increase emissions within the PM10

nonattainment area. As a result, sections 

110(l) and 193 of the Act are satisfied. 

Chapter 3, Section 4 is not to be 

confused with Chapter 2, Section 4 

‘‘Ambient standards for sulfur oxides,’’ 

which provides for the NAAQS for 

sulfur oxides. The only category of 

sources regulated in Chapter 3, 

subsection 4(a) covered under the SIP 

are sulfuric acid production facilities 

producing sulfuric acid by the contact 

process by burning elemental sulfur, 

alkylation acid, hydrogen sulfide, 

organic sulfides, mercaptans, or acid 

sludge. The removal of subsection 4(f) 

from the SIP follows as it involves crossreferencing that is no longer applicable 

without the rest of the section. 

While Section 9 is not currently in the 

SIP, the State previously submitted a 

SIP revision dated May 24, 2012 for 

inclusion of Section 9 into the SIP. The 

February 10, 2014 submittal is simply 

an update to the May 24, 2012 revision. 

Today’s notice proposes to add the 

February 10, 2014 version of Section 9 

of Chapter 3 to the SIP, and thus the 

May 24, 2012 revision will be 

superseded by today’s action. Section 9 

merely incorporates by reference certain 

federal requirements. EPA views this 

revision as noncontroversial. 

EPA has reviewed Wyoming’s rule 

amendments and additions as discussed 

above. These WAQSR changes and 

additions are consistent with the CAA 

and EPA regulations. As a result, EPA 

is proposing for approval the SIP 

revisions submitted by the State of 

Wyoming consisting of the above 

discussed applicable portions of 


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1As mentioned elsewhere, EPA has already 

approved the portions of the May 11, 2011 

submittal that revise the State’s PSD program. EPA 

has also approved a portion of another submittal 

that supersedes the update to Section 14, 

Incorporation by Reference in the May 10, 2011 

submittal. 

2A 1987 EPA guidance memorandum identifies 

a similar issue with incorporation by reference of 

40 CFR 51.166, which contains the minimum plan 

requirements for PSD programs. The memorandum 

recommends that states incorporate by reference 40 

CFR 52.21 instead of 40 CFR 51.166, because only 

52.21 is ‘‘written in a form imposing obligations on 

permit applicants.’’ Memorandum from J. Craig 

Potter, Thomas L. Adams Jr., and Francis S. Blake, 

‘‘Review of State Implementation Plans and 

Revisions for Enforceability and Legal Sufficiency’’ 

(Sept. 13, 1987). 

rulemakings R–20 and R–22(b), 

submitted to EPA Region 8 on February 

13, 2013 and February 10, 2014, 

respectively. 

V. What are the changes that EPA is 

proposing to disapprove? 

EPA is proposing to disapprove the 

portion of Wyoming’s May 10, 2011 

submittal that adds a new section to the 

permitting requirements in WAQSR 

Chapter 6. The new Chapter 6 Section 

13, Nonattainment permit requirements, 

consists of one sentence: ‘‘40 CFR part 

51.165 is herein incorporated by 

reference, in its entirety, with the 

exception of paragraph (a) and 

paragraph (a)(1).’’ 

The section of the CFR that the 

submittal incorporates by reference, 40 

CFR 51.165 (Permit requirements), sets 

out the minimum plan requirements 

states are to use in developing 

nonattainment NSR permit programs. 

Generally speaking, 40 CFR 51.165 

consists of a set of definitions for use in 

state programs, minimum plan 

requirements for procedures for 

determining applicability of 

nonattainment NSR and for the use of 

offsets, and minimum plan 

requirements regarding other source 

obligations, such as recordkeeping. 

Specifically, subparagraphs 

51.165(a)(1)(i) through (xlvi) enumerate 

a set of definitions which states must 

either use or replace with definitions 

that a state demonstrates are more 

stringent or at least as stringent in all 

respects. Subparagraph 51.165(a)(2) sets 

minimum plan requirements for 

procedures to determine the 

applicability of the nonattainment NSR 

program to new or modified sources. 

These requirements are prefaced by 

language such as ‘‘each plan shall adopt 

a preconstruction review program,’’ 

‘‘each plan shall use the [following] 

provisions,’’ and ‘‘the plan shall 

require.’’ Subparagraphs 51.165(a)(3), 

(a)(9), and (a)(11) set minimum plan 

requirements for the use of offsets by 

sources subject to nonattainment NSR. 

Again, these requirements are prefaced 

by language such as ‘‘each plan shall 

provide’’ and ‘‘the plan shall require.’’ 

Similar language prefaces the 

requirements in subparagraphs (a)(8) 

and (a)(10) regarding precursors, and 

subparagraphs (a)(6) and (a)(7) regarding 

recordkeeping obligations. Finally 

subparagraph 51.165(a)(4) allows 

nonattainment NSR programs to treat 

fugitive emissions in certain ways. This 

provision is prefaced by the phrase ‘‘the 

plan may provide.’’ 

Subparagraph 51.165(b) sets 

minimum plan requirements for new 

major stationary sources and major 

modifications in attainment and 

unclassifiable areas that would cause or 

contribute to violations of the NAAQS. 

The requirements are prefaced by ‘‘the 

plan shall include’’ or ‘‘the plan shall 

apply to’’; in addition there is an 

optional component (‘‘Such a program 

may include’’). Finally, subparagraph 

51.165(f) sets minimum plan 

requirements for the use of plantwide 

applicability limitations. This 

subparagraph again includes in various 

places language such as ‘‘the plan shall 

provide’’ and ‘‘the plan shall require.’’ 

EPA proposes to disapprove the 

portion of the May 10, 2011 submittal 1

that adds Chapter 6, Section 13, 

Nonattainment permit requirements, to 

the Wyoming SIP, based on the 

following considerations: 

(1) The language prefaced by phrases 

such as ‘‘the plan shall provide’’ or ‘‘the 

plan shall require’’ does not create 

unambiguous and enforceable 

obligations for sources that would be 

subject to the nonattainment NSR 

requirements. Instead, the language 

creates obligations for states to meet in 

adopting a nonattainment NSR program. 

Furthermore, language prefaced by 

phrases such as ‘‘the plan may provide’’ 

not only fails to create enforceable 

obligations for sources; it also creates an 

ambiguity as to whether or not the 

nonattainment NSR program in fact 

contains the optional provisions. 

Section 110(a)(2)(C) requires each 

state plan to include ‘‘a program to 

provide for . . . the regulation of the 

modification and construction of any 

stationary source within the areas 

covered by the plan as necessary to 

assure that the [NAAQS] are achieved, 

including a permit program as required 

in parts C and D of this subchapter.’’ 

Part D requires a permit program in 

section 172(c)(5), which provides that 

the plan ‘‘shall require permits for the 

construction and operation of new or 

modified major stationary sources 

anywhere in the nonattainment area, in 

accordance with section [173].’’ Section 

173 lays out the requirements for 

obtaining a permit that must be 

included in the state’s SIP-approved 

permit program. Because language 

prefaced by phrases such as ‘‘the plan 

shall provide’’ or ‘‘the plan shall 

require’’ does not itself impose 

requirements on sources, the State’s 

proposed plan revision does not clearly 

satisfy the requirements of these 

statutory provisions.2 Nor does the SIP 

revision comply with the requirements 

of 40 CFR 51.165 as the plan fails to 

impose the regulatory requirements on 

sources. 

Also, the failure to create enforceable 

obligations for sources violates section 

110(a)(2)(A) of the Act, which requires 

that SIPs contain enforceable emissions 

limitations and other control measures. 

Under section 110(a)(2) of the Act, the 

enforceability requirement in 

110(a)(2)(A) applies to all plans 

submitted by a state. In addition, under 

CAA section 172(c)(7), nonattainment 

plans—including nonattainment NSR 

programs required by 172(c)(5)—are 

required to meet the applicable 

provisions of section 110(a)(2), 

including the requirement in section 

110(a)(2)(A) for enforceable emission 

limitations and other control measures. 

(2) In certain places 40 CFR 51.165 

requires states to adopt procedures that 

meet certain standards, but do not 

specify the content of those procedures. 

For example, 51.165(a)(ii)(F) requires 

‘‘the plan [to] provide that . . . 

procedures relating to the permissible 

location of offsetting emissions shall be 

followed which are at least as stringent 

as those set out in 40 CFR part 51 

appendix S section IV.D.’’ The State’s 

submittal, by incorporating this 

language, leaves those procedures 

unspecified. This not only calls into 

question the enforceability of these 

offset requirements, but also violates 

section 110(i) of the Act, which (with 

the exception of certain limited 

circumstances that do not apply here) 

prohibits modification of any 

requirement applying to a stationary 

source except through the SIP revision 

process. 

Under section 110(l) of the Act, EPA 

cannot approve a SIP revision that 

interferes with any applicable 

requirement of the Act. As explained 

above, the addition of Chapter 6, 

Section 13 to the Wyoming SIP would 

interfere with sections 110(a)(2) and 

110(i) of the Act. EPA therefore 

proposes to disapprove the addition of 

Chapter 6, Section 13 to the Wyoming 

SIP. 

EPA’s proposed disapproval, if 

finalized, will start the two-year clock 


rmajette on DSK3VPTVN1PROD with PROPOSALS
65366 Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Proposed Rules 

under section 110(c)(1) for EPA’s 

obligation to promulgate a federal 

implementation plan to correct the 

deficiency, unless the State submits and 

EPA approves a SIP revision addressing 

the deficiency. If finalized, the proposed 

disapproval will also, under section 

179(a)(2), start the 18-month clock for 

sanctions, unless the State submits and 

EPA approves a SIP revision correcting 

the deficiency. 

VI. What action is EPA proposing 

today? 

As described in Section IV of this 

notice, EPA is proposing to approve the 

SIP revisions submitted by Wyoming on 

February 13, 2013 and February 10, 

2014. 

As described in Section V of this 

notice, EPA is proposing to disapprove 

the portion of the SIP revisions 

submitted by Wyoming on May 10, 2011 

that adds Chapter 6, Section 13 to the 

Wyoming SIP. 

VII. 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 proposed 

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 proposed 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 proposed 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. 

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. 

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

Dated: October 20, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2014–26172 Filed 11–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0753, FRL–9918–86– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Alaska: 

Nonattainment New Source Review 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Alaska State 

Implementation Plan (SIP) submitted by 

the Commissioner of the Alaska 

Department of Conservation (ADEC) on 

December 11, 2009, November 29, 2010, 

December 10, 2012, January 28, 2013, 

July 1, 2014, and October 24, 2014. 

These revisions update the State of 

Alaska’s adoption by reference of the 

Federal preconstruction permitting 

regulations for large industrial (major 

source) facilities located in designated 

nonattainment areas, referred to as the 

Nonattainment New Source Review 

(major NNSR) program. The major 

NNSR program is designed to ensure 

that major stationary sources of air 

pollution are constructed or modified in 

a manner that is consistent with 

attainment and maintenance of the 

National Ambient Air Quality Standards 

(NAAQS). 

DATES: Comments must be received on 

or before December 4, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2014–0753, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Mail: Donna Deneen, EPA Region 

10, Office of Air, Waste and Toxics 

(AWT–150), 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101 

• Email: R10-Public_Comments@

epa.gov. 

• Hand Delivery: EPA Region 10 

Mailroom, 9th Floor, 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

Attention: Donna Deneen, Office of Air, 

Waste and Toxics, AWT–150. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2014– 

0753. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 


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