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Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Rules and Regulations NSR permitting program. This action transfers the 1973 federally issued permits to Wyoming. The EPA is taking this action in accordance with the Clean Air Act CAA and the Code of Federal Regulations NSR program requirements.
This is a direct final action because the action is deemed noncontroversial.
DATES: This rule is effective on July 27, 2021 without further notice, unless the EPA receives adverse written comments on or before June 28, 2021. If adverse comments are received, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
ADDRESSES: The EPA has established a docket for this action under Docket ID
No. EPAR08OAR20210267. 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 electronically in www.regulations.gov.
To reduce the risk of COVID19
transmission, for this action we do not plan to offer hard copy review of the docket. Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access to the docket.
FOR FURTHER INFORMATION CONTACT:
Donald Law, Air and Radiation Division, EPA, Region 8, Mailcode 8ARDPM, 1595 Wynkoop Street, Denver, Colorado 802021129, 303
3127015, law.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document we, us, and our mean the EPA.
I. Why is EPA using a direct final rule?
The EPA is publishing this rule without prior proposal because the Agency views this action as noncontroversial and anticipates no adverse comments. However, in the Proposed Rules section of todays Federal Register publication, the EPA is publishing a separate document that will serve as the proposal to grant WDEQs request to transfer to the State administrative authority over two federal permits if the EPA receives adverse comments. This rule will be effective on July 27, 2021 without further notice unless we receive adverse comments by June 28, 2021. If the EPA
receives adverse comments, the EPA
will publish a timely withdrawal in the Federal Register informing the public
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that this direct final rule will not take effect. The EPA will address all public comments in a subsequent final rule based on the proposed rule. The EPA
will not institute a second comment period on this action. Any parties interested in commenting must do so at this time.
II. Background On April 30, 1971, the EPA
Administrator promulgated national ambient air quality standards NAAQS
for several pollutants.1 The EPAs action triggered requirements for states to adopt and submit plans to the EPA
providing for the implementation, maintenance and enforcement of those NAAQS within their state borders.2 The EPA also promulgated regulations prescribing the requirements for the preparation, adoption and submittal of state plans.3
On January 26, 1972, Wyoming submitted its state implementation plan SIP to the EPA, followed by plan supplements on March 28 and May 3, 1972. On May 31, 1972, the EPA
approved parts of Wyomings SIP and disapproved other parts. The EPA found that Wyoming did not demonstrate that it had the legal authority to carry out its SIP as required under 40 CFR
51.11a41972 4 to prevent the construction of new sources and the modification of existing sources, and that Wyoming did not include legally enforceable procedures to prevent the construction of a new source or modification of an existing source under 40 CFR 51.181972,5 Review of New Sources and Modifications. On September 22, 1972, the EPA added paragraph b to 40 CFR 52.26251972 6
to provide for federal review of new 1 36

FR 8186.
42 U.S.C. 7410.
3 See 36 FR at 15486 Aug. 14, 1971, 20513 Oct.
23, 1971, and 25233 Dec. 30, 1971.
4 Part 51 has since been revised and 40 CFR
51.11a41972 has been deleted. See https
www.ecfr.gov/cgi-bin/text-idx?SID=d5a8b4
c159130810aa406765662e57a9&mc=true&tpl=/
ecfrbrowse/Title40/40cfr51_main_02.tpl for current version. See the docket for the 1972 CFR version of this provision.
5 Part 51 ha since been revised and 40 CFR 51.18
1972 has been deleted. See https www.ecfr.gov/
cgi-bin/text-idx?SID=d5a8b4c159130810aa 406765662e57a9&mc=true&tpl=/ecfrbrowse/
Title40/40cfr51_main_02.tpl for current version.
See the docket for the 1972 CFR version of this provision.
6 Part 52 has since been revised and 40 CFR
52.26251972 has been deleted. See https
www.ecfr.gov/cgi-bin/text-idx?SID=3d6071
d443b4700a12af6eb2b751a68c&mc=true&node=
se40.5.52_12625&rgn=div8 for the current version.
See the docket for the 1972 CFR version of this provision.
2 See
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sources and modifications of sources in Wyoming.7
On July 26, 1973, the EPA approved two trona trisodium hydrogendicarbonate dihydrate plant facility expansion applications and issued permits under 40 CFR
52.2625b1972, each bearing the same permit number of 8AEE. One permit was originally issued to Allied Chemical Corporation and is now held by TATA
Chemicals Soda Ash Partners, and the other permit was originally issued to FMC Corporation and is now held by Genesis Alkali Wyoming, LP.
On June 10, 1975, the EPA approved Wyomings NSR regulations finding that Wyomings NSR regulations satisfied the requirements of 40 CFR 51.18 for direct sources.8 9 In the 1975 Federal Register document, the EPA also withdrew the federal NSR program under 40 CFR 52.2625b1972. The 1975 federal rulemaking was silent on the existing federal permits issued under the now superseded federal NSR
program for Wyoming under 40 CFR
52.2625b1972.
In an August 21, 2020 letter, WDEQ
requested the EPA transfer to the State administrative authority over two existing federal permits that were issued by the EPA on June 26, 1973 under the federal NSR permitting program.10 11 In its letter, as well as in Wyomings 1975
approved SIP, WDEQ outlined how its stationary source permitting rules in Chapter 6, section 2 of the Wyoming Air Quality Rules and Regulations provide WDEQ with the authority to administer air permits, including the two 8AEE
permits originally issued by the EPA.
Specifically, the provisions of Chapter 6, section 2 satisfy all the requirements of 40 CFR 51.18 for federally approved permit programs as the EPA previously determined in order to have granted Wyoming authority for implementation of the NSR program. WDEQ has authority to issue permits and impose conditions in those permits in order to ensure the maintenance or attainment of national and state ambient air quality standards. In addition, WDEQ also has authority to enforce these permits under Wyoming Statutes Annotated 3511
901.
7 37

FR 19806.
FR 24726.
9 The EPA did not find that Wyomings new source review procedures for indirect sources met the requirements of 40 CFR 51.18.
10 Letter dated August 21, 2020, from Nancy E.
Vehr, Director, Wyoming Air Quality Division, WDEQ, to Carl Daly, Acting Director, Air and Radiation Division, EPA, Region 8, Subject:
Permits 8AEE issued on July 26, 1973 to Allied Chemical Corporation and to FMC Corporation.
11 40 CFR 52.2625b 1972.
8 40

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