[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Proposed Rules]
[Pages 65362-65366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26172]


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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.

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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 (SO<INF>2</INF>) 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:
    <bullet> www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#c3afa6acada6eda8a6b5aaad83a6b3a2eda4acb5"><span class="__cf_email__" data-cfemail="9ef2fbf1f0fbb0f5fbe8f7f0defbeeffb0f9f1e8">[email protected]</span></a>.
    <bullet> Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
    <bullet> Mail: Carl Daly, Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
    <bullet> 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

[[Page 65363]]

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. 
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 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 <a href="/cdn-cgi/l/email-protection#ec8089838289c287899a8582ac899c8dc28b839a"><span class="__cf_email__" data-cfemail="abc7cec4c5ce85c0ceddc2c5ebcedbca85ccc4dd">[email protected]</span></a>.

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 PM<INF>10</INF> 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 SO<INF>2</INF> 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

[[Page 65364]]

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 
SO<INF>2</INF> 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 SO<INF>2</INF> 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 (PM<INF>10</INF>--coarse particulate matter) located more 
than 200 miles north near Sheridan, Wyoming. All current and future 
sulfuric acid plant SO<INF>2</INF> emitting sources in the State will 
be regulated under federally enforceable programs that are at least as 
stringent as the SO<INF>2</INF> 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 
PM<INF>10</INF> 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 cross-referencing 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

[[Page 65365]]

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:
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    \1\ As 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.
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    (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.
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    \2\ A 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).
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    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

[[Page 65366]]

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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


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