[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Proposed Rules]
[Pages 26563-26568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10819]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2013-0059; FRL-9809-2]
Approval and Promulgation of Air Quality Implementation Plans;
State of Wyoming; Revised General Conformity Requirements and an
Associated Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing approval of a State Implementation Plan
revision submitted by the State of Wyoming. On December 21, 2012, the
Governor of Wyoming's designee submitted to EPA revisions to Wyoming's
Air Quality Standards and Regulations Chapter 8, Nonattainment Area
Regulations, involving Section 3 of Chapter 8 that addresses general
conformity requirements and a new Section 5 to Chapter 8 that involves
incorporation by reference. The SIP submission addresses revisions and
additions to the State's general conformity requirements in order to
align them with the current federal general conformity regulation
requirements and incorporates by reference those sections of the Code
of Federal Regulations that are referred to in the State's general
conformity requirements. EPA is proposing approval of the submission in
accordance with the requirements of section 110 of the Clean Air Act.
DATES: Comments must be received on or before June 6, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2013-0059, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: [email protected].
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, EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
[[Page 26564]]
Hand Delivery: Carl Daly, Director, Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop, 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-
2013-0059. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or email. The http://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 http://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 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 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 http://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 http://www.regulations.gov or in hard copy at the Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop, 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: Tim Russ, Air Program, EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-
6479, [email protected].
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 NAAQS mean national ambient air quality
standard.
(iv) The initials SIP mean or refer to State Implementation Plan.
(v) The words Wyoming and State mean the State of Wyoming.
Table of Contents
I. General Information
II. Background
III. What was the state's process?
IV. EPA's Evaluation of the State's Revisions to Chapter 8, Sections
3 and 5
V. Consideration of Section 110(1) of the Clean Air Act
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. General Information
1. Submitting CBI. Do not submit CBI to EPA through http://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. Background
The intent of the general conformity requirement is to prevent the
air quality impacts of federal actions from causing or contributing to
a violation of a National Ambient Air Quality Standard (NAAQS) or
interfering with the purpose of a State Implementation Plan (SIP).
Under the Clean Air Act (CAA) as amended in 1990, Congress recognized
that actions taken by federal agencies could affect state and local
agencies' abilities to attain and maintain the NAAQS. Section 176(c) of
the CAA, as codified in Title 42 of the United States Code (42 U.S.C.
7506), requires federal agencies assure that their actions conform to
the applicable SIP for attaining and maintaining compliance with the
NAAQS. General conformity is defined to apply to NAAQS established
pursuant to section 109 of the CAA, including the NAAQS for carbon
monoxide (CO), nitrogen dioxide (NO2), ozone, particulate
matter, and sulfur dioxide (SO2). Because certain provisions
of section 176(c) of the CAA apply only to highway and mass transit
funding and approval actions, EPA published two sets of regulations to
implement section 176(c) of the CAA--one set for transportation
conformity and one set for general conformity. The federal general
conformity regulations were published on November 30, 1993 (58 FR
63214) and codified in the Code of Federal Regulations (CFR) at 40 CFR
93 Subpart B.
On July 17, 2006, EPA revised the federal general conformity
regulations via a final rule (71 FR 40420). EPA had promulgated a new
NAAQS on July 18,
[[Page 26565]]
1997 (62 FR 38652) that established a separate NAAQS for fine
particulate smaller than 2.5 micrometers in diameter
(PM2.5). The prior coarse particulate matter NAAQS
promulgated in 1997 pertains to particulate matter under 10 micrometers
in diameter (PM10). EPA's July 17, 2006 revision to the
federal general conformity regulations (71 FR 40420) added requirements
for PM2.5 for the first time, including annual emission
limits of PM2.5 above which covered federal actions in NAAQS
nonattainment or maintenance areas would be subject to general
conformity applicability.
On April 5, 2010, EPA revised the federal general conformity
regulations to clarify the conformity process, authorize innovative and
flexible compliance approaches, remove outdated or unnecessary
requirements, reduce the paperwork burden, provide transition tools for
implementing new standards, address issues raised by federal agencies
affected by the rules, and provide a better explanation of conformity
regulations and policies (see 75 FR 17254, April 5, 2010). EPA's April
2010 revisions simplified state SIP requirements for general
conformity, eliminating duplicative general conformity provisions
codified at 40 CFR part 93 Subpart B and 40 CFR part 51, Subpart W.
Finally, the April 2010 revision updated federal general conformity
regulations to reflect changes to governing laws passed by Congress
since EPA's 1993 rule. The Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) passed by
Congress in 1995 contains a provision eliminating the CAA requirement
for states to adopt general conformity SIPs. As a result of SAFETEA-LU,
EPA's April 2010 rule eliminated the federal regulatory requirement for
states to adopt and submit general conformity SIPs, instead making
submission of a general conformity SIP a state option.
With respect to Wyoming's general conformity requirements, EPA
originally approved Wyoming's ``Conformity of general federal actions
to state implementation plans'' into Section 32 of Wyoming's Air
Quality Standards Regulations (WAQSR) with our final rule of November
19, 1999 (64 FR 63206). This version of Wyoming's ``Conformity of
general federal actions to state implementation plans'' requirements
was developed by the State to address the federal general conformity
requirements that were promulgated on November 30, 1993 (58 FR 63214).
On July 28, 2004, we approved Wyoming's restructuring and renumbering
SIP submittal which then located Wyoming's ``Conformity of General
Federal Actions to State Implementation Plans'' into WAQSR Chapter 8,
Section 3 (see 69 FR 44965).
III. What was the State's process?
Section 110(a)(2) of the CAA requires that a state provide
reasonable notice and public hearing before adopting a SIP revision and
submitting it to us.
On October 5, 2012, the Environmental Quality Council of the
Wyoming Department of Environmental Quality conducted a public hearing
to consider the adoption of revisions and additions to the Wyoming Air
Quality Standards and Regulations. The revisions affecting the SIP
involved Chapter 8, ``Nonattainment Area Regulations'', Section 3,
``Conformity of general federal actions to state implementation
plans'', and Section 5, ``Incorporation by reference''. After reviewing
and responding to comments received before and during the public
hearing, the Wyoming Environmental Quality Council approved the
proposed revisions on October 5, 2012. The SIP revisions became State
effective on December 19, 2012 and the Governor's designee submitted
the SIP revisions to EPA on December 21, 2012.
We have evaluated Wyoming's SIP revision submittal and have
determined that the State met the requirements for reasonable notice
and public hearing under section 110(a)(2) of the CAA. By a letter
dated March 20, 2013, we advised the Governor's designee that the SIP
revision submittal was deemed to have met the minimum ``completeness''
criteria found in 40 CFR part 51, Appendix V.
IV. EPA's Evaluation of the State's Revisions to Chapter 8, Sections 3
and 5
On December 21, 2012, the State of Wyoming submitted revisions to
its SIP. The SIP revision consisted of changes and additions to
Wyoming's WAQSR Chapter 8, Section 3, ``Conformity of general Federal
actions to state implementation plans'', and a new Section 5,
``Incorporation by reference''. The purpose of Wyoming's SIP revision
was to update its general conformity requirements to address and align
the State's requirements with the federal general conformity
requirements promulgated on July 17, 2006 (71 FR 40420) and on April 5,
2010 (75 FR 17254), as described above. The revisions to Wyoming's
general conformity regulation, adopted on October 5, 2012 and State
effective on December 19, 2012, are described below and make numerous
changes to the prior, EPA-approved version of Wyoming's general
conformity requirements (State effective October 29, 1999 and EPA
effective on January 18, 2000). In addition, Wyoming added a new
Section 5 which incorporates by reference certain areas of the Code of
Federal Regulations.
a. Revisions to WAQSR Chapter 8, Section 3
1. Section 3, (a) ``Prohibition'' was modified to remove obsolete
provisions in (a)(iii) and now makes this section reserved.
2. Section 3, (a) ``Prohibition'' was modified to define NEPA in
(a)(iv) and to add a new section (v) that indicates if an action in one
nonattainment or maintenance area would affect another nonattainment or
maintenance area, both areas must be evaluated.
3. Section 3, (b) ``Definitions'' was modified to revise, add or
delete the definitions for: ``Applicability analysis'', ``Applicable
implementation plan or applicable SIP'', ``Areawide air quality
modeling analysis'', ``Cause or contribute to a new violation'',
``Confidential business information (CBI)'', ``Conformity
determination'', ``Conformity evaluation'', ``Continuing program
responsibility'', ``Continuous program to implement'', ``Direct
emissions'', ``Emission inventory'', ``Emissions offsets'', ``Emissions
that a Federal agency has a continuing program responsibility for'',
``EPA'', ``Federal agency'', ``Indirect emissions'', ``Local air
quality modeling analysis'', ``Maintenance area'', ``Maintenance
plan'', ``Metropolitan Planning Organization (MPO)'', ``Milestone'',
``Mitigation measure'', ``National ambient air quality standards
(NAAQS)'', Nonattainment area (NAA)'', ``Precursors of a criteria
pollutant'', ``Reasonably foreseeable emissions'', ``Regionally
significant action'', ``Restricted information'', and ``Take or start
the Federal action''.
4. Section 3, (c) ``Applicability'' was revised as follows:
A. Section 3, (c)(ii) was modified to provide clarification of
emissions to include ``criteria'' and ``precursors''.
B. Section 3, (c)(ii)(A) was modified to update the language to
state ``Other ozone NAAs inside an ozone transport region'' and
emissions thresholds were added for PM2.5 and its
precursors.
C. Section 3, (c)(ii)(B) was modified to add emissions thresholds
for PM2.5 and its precursors.
D. Section 3, (c)(iii) was modified by adding language to indicate
the requirements of this section do not apply to certain Federal
actions.
[[Page 26566]]
E. Section 3, (c)(iii)(B)(XXII) was added to address air traffic
control activities.
F. Section 3, (c)(iv)(A) was modified to include the portion of an
action that includes, in addition to major, minor new or modified
stationary sources that require a permit under the New Source Review
(NSR) program (Section 110(a)(2)(C) and section 173 of the CAA), and
therefore, a conformity determination is not required for sources so
permitted.
G. Section 3, (c)(iv)(B) was modified to remove specific examples
of natural disasters and keep the provisions to address emergencies.
H. Section 3, (c)(v)(B)(I) adds language that a federal agency must
provide a draft copy of the written determinations required to affected
EPA Regional Office(s), the affected State(s) and/or air pollution
control agencies, and any federally recognized Indian tribal government
in the nonattainment or maintenance area. Those organizations must be
allowed 15 days from the beginning of the extension period to comment
on the draft determination.
I. Section 3, (c)(v)(B)(II) adds language that within 30 days after
making the determination, federal agencies must publish a notice of the
determination by placing a prominent advertisement in a daily newspaper
of general circulation in the area affected by the action.
J. Section 3, (c)(v)(C) adds language that if additional actions
are necessary in response to an emergency or disaster under this
subsection beyond the specified time period in paragraph (v)B of this
subsection, a federal agency can make a new written determination for
as many 6-month periods as needed, but in no case does this exemption
extend beyond three 6-month periods. An exception is where an agency
provides information to EPA and the State stating that the conditions
that gave rise to the emergency exemption continue to exist and how
such conditions effectively prevent the agency from conducting a
conformity evaluation.
K. Section 3, (c)(vi) adds language which states that actions
specified by individual federal agencies as ``presumed to conform'' may
not be used in combination with one another when the total direct and
indirect emissions from the combination of actions would equal or
exceed any of the rates specified in Section 3 paragraphs (c)(ii)(A) or
(c)(ii)(B).
L. Section 3, (c)(vii) adds language that the federal agency must
meet the criteria for establishing activities that are presumed to
conform by fulfilling the requirements set forth in Section 3
paragraphs (c)(vii)(A), or (c)(vii)(B), or (c)(vii)(C).
M. Section 3, (c)(vii)(C) adds language that the federal agency
must clearly demonstrate that the emissions from the type or category
of actions and the amount of emissions from the action are included in
the applicable SIP and the State, local, or tribal air quality agencies
responsible for the SIP(s) provide written concurrence that the
emissions from the actions along with all other expected emissions in
the area will not exceed the emission budget in the SIP.
N. Section 3, (c)(viii) states that in addition to meeting the
criteria for establishing exemptions as set forth in paragraphs
(vii)(A) or (vii)(B) of the subsection, the new paragraph (vii)(C) is
also included.
O. Section 3, (c)(viii)(A) adds language that the referenced
Federal Register action must clearly identify the type and size of the
action that would be ``presumed to conform'' and provide criteria for
determining if the type and size of action qualifies it for the
presumption.
P. Section 3, (c)(viii)(B) adds language that if the ``presumed to
conform'' action has regional or national application (e.g., the action
will cause emission increases in excess of the de minimis levels of
this subsection) in more than one of EPA's Regions, the federal agency,
as an alternative to sending it to EPA Regional Offices, can send the
draft conformity determination to EPA's Office of Air Quality Planning
and Standards.
Q. Section 3, (c)(ix) removed previous language and added language
that emissions from actions are ``presumed to conform'' from: (1)
installations with facility-wide emission budgets meeting the necessary
requirements and that the State has included the emission budget in the
EPA-approved SIP and the emissions from the action along with all other
emissions from the installation will not exceed the facility-wide
emission budget; (2) prescribed fires conducted in accordance with a
smoke management program which meets the requirements of EPA's Interim
Air Quality Policy on Wildland and Prescribed Fires or an equivalent
replacement EPA policy; or (3) emissions for actions that the State
identifies in the EPA-approved SIP as ``presumed to conform''.
R. Section 3, (c)(x) removed previous language and added language
which states that even though an action would otherwise be ``presumed
to conform'' under Section 3 paragraphs (vi) or (ix) of this
subsection, an action shall not be ``presumed to conform'' and the
requirements of 40 CFR 93.151, Subsection (a), Subsections (d) through
(j) and Subsections (l) through (n) shall apply to the action if EPA or
a third party shows that the action would: (1) cause or contribute to
any new violation of any standard in any area; (2) interfere with
provisions in the applicable SIP for maintenance of any standard; (3)
increase the frequency or severity of any existing violation of any
standard in any area; or (4) delay timely attainment of any standard or
any required interim emissions reductions or other milestones in any
area including, where applicable, emission levels specified in the
applicable SIP for purposes of a demonstration of reasonable further
progress, a demonstration of attainment, or a maintenance plan.
S. Section 3, (c)(xi)(d) was modified to add language that the
provisions of Section 3 shall apply except in the case of newly
designated nonattainment areas where the requirements are not
applicable until 1 year after the effective date of the final
nonattainment designation for each NAAQS pollutant in accordance with
section 176(c)(6) of the CAA.
T. Section 3, (c)(xi)(e) ``Reporting requirements'' was modified to
add language that any federal agency must notify the appropriate EPA
Regional Office(s), State and local air quality agencies, any
federally-recognized Indian tribal government in the nonattainment or
maintenance area. In addition, the added language stated that the draft
and final conformity determination shall exclude any restricted
information or confidential business information. The disclosure of
restricted information and confidential business information shall be
controlled by the applicable laws, regulations, security manuals, or
executive orders concerning the use, access, and release of such
materials. Subject to applicable procedures to protect restricted
information from public disclosure, any information or materials
excluded from the draft or final conformity determination or supporting
materials may be made available in a restricted information annex to
the determination for review by federal and state representatives who
have received appropriate clearances to review the information.
U. Section 3, (c)(xi)(f)(ii), (iii), and (iv) under ``public
participation'' was modified to add language that if the action has
multi-regional or national impacts (e.g., the action will cause
emission increases in excess of the de minimis levels identified in
Subsection (c)(ii) in three or more of EPA's Regions)), the federal
agency, as an alternative to publishing separate
[[Page 26567]]
notices, can publish a notice in the Federal Register.
V. Section 3, (c)(xi)(f)(v) under ``public participation'' was
modified to add language that the draft and final conformity
determination shall exclude any restricted information or confidential
business information. This section also notes that the disclosure of
restricted information and confidential business information shall be
controlled by the applicable laws, regulations, or executive orders
concerning the release of such materials.
W. Section 3, (c)(xi)(g) was renamed ``Reevaluation of conformity''
and included new language in sections (c)(xi)(g)(i) and (iv) addressing
when a federal action has commenced and that once a conformity
determination is completed by a federal agency, that determination is
not required to be reevaluated if the agency has maintained a
continuous program to implement the action; the determination has not
lapsed; or any modification to the action does not result in an
increase in emissions above the levels specified in Section 3. The
additional language continues that if a conformity determination is not
required for the action at the time the NEPA analysis is completed, the
date of the finding of no significant impact ``FONSI'' for an
Environmental Assessment, a record of decision ``ROD'' for an
Environmental Impact Statement, or a categorical exclusion
determination can be used as a substitute date for the conformity
determination date.
X. Section 3, (c)(xi)(g)(iv) also notes that if the federal agency
originally determined through the applicability analysis that a
conformity determination was not necessary because the emissions for
the action were below the limits in Subsection (c)(ii) of this section
and changes to the action would result in the total emissions from the
action being above the limits in Subsection (c)(ii) of this section,
then the federal agency must make a conformity determination.
Y. Section 3, (c)(xi)(h) ``Criteria Determining Conformity of
General Federal Actions'' had several revisions addressing; (1)
addition of ``precursor'' for emissions, (2) offsets coming from a
nearby area of equal or higher classification provided the emissions
from that area contribute to the violations, or have contributed to
violations in the past, in the area with the federal action, (3) where
a federal agency made a conformity determination based on a State's
commitment and the State has submitted a SIP to EPA covering the time
period during which the emissions will occur or is scheduled to submit
such a SIP within 18 months of the conformity determination, (4) where
a federal agency made a conformity determination based on a State
commitment and the State has not submitted a SIP covering the time
period when the emissions will occur or is not scheduled to submit such
a SIP within 18 months of the conformity determination, the State must,
within 18 months, submit to EPA a revision to the existing SIP
committing to include the emissions in the future SIP revision, (5)
offset emissions may come from within the same nonattainment or
maintenance area or from a nearby area of equal or higher
classification provided the emissions from that area contribute to the
violations, or have contributed to violations in the past, in the area
with the federal action, (6) baseline emissions from the most current
calendar year with a complete emission inventory available before an
area is designated unless EPA sets another year or the emission budget
in the applicable SIP, (7) the motor vehicle emissions model previously
specified by EPA as the most current version may be used unless EPA
announces a longer grace period in the Federal Register, (8)
``Guideline on Air Quality Models'' as noted in Appendix W to 40 CFR
part 51, and (9) the attainment year specified in the SIP, or if the
SIP does not specify an attainment year, the latest attainment year
possible under the CAA as specified in three options.
Z. Section 3, (c)(xi)(h)(i)(D) ``For CO or directly emitted
PM10'': EPA notes that although the State updated other
sections of WAQSR Chapter 8, Section 3 to address our general
conformity provisions for PM2.5, it inadvertently did not
include the EPA revision to 40 CFR 93.158(a)(4). In our April 5, 2010
Federal Register action (see 75 FR 17254) we changed the language at 40
CFR 93.158(a)(4) for directly emitted CO and PM10 to ``For
CO or directly emitted PM''. The reason for this change to only ``PM''
was to address both PM2.5 and PM10. EPA does not
view this inadvertent omission by the State as being an approvability
issue. Currently, all of Wyoming is designated as ``attainment/
unclassifiable'' for both the 1997 annual PM2.5 NAAQS and
the 2006 24-hour PM2.5 NAAQS (see: 70 FR 944, January 5,
2005 and 74 FR 58688, November 13, 2009 respectively, and 40 CFR
81.351). Therefore, general conformity for PM2.5 does not
apply in Wyoming. If in the future any area in Wyoming is designated as
nonattainment for either the annual or 24-hour PM2.5 NAAQS,
general conformity will not apply until one year after the effective
date of the nonattainment designation (CAA section 176(c)(6)). Within
that one year ``grace period'' before general conformity would apply,
EPA will require Wyoming to update Chapter 8, Section 3(c)(xi)(h)(i)(D)
to correctly reflect ``For CO or directly emitted PM'' and submit this
update to EPA as a revision to the SIP.
AA. Section 3, (c)(xi)(k) ``Conformity Evaluation for Federal
Installations With Facility-Wide Emission Budgets'' revised and added
new language that included requirements and provisions addressing: (1)
time periods, (2) the pollutants or precursors of the pollutants for
which the area is designated nonattainment or maintenance, (3) specific
quantities allowed to be emitted on an annual or seasonal basis, (4)
that the emissions from the facility along with all other emissions in
the area will not exceed the emission budget for the area, (5) specific
measures to ensure compliance with the budget, (6) the submittal to EPA
as a SIP revision and the SIP revision must be approved by EPA, (7)
that the facility-wide budget developed and adopted in accordance with
paragraph (i) of this subsection, (8) that total direct and indirect
emissions from federal actions in conjunction with all other emissions
subject to general conformity from the facility that do not exceed the
facility budget are ``presumed to conform'' to the SIP and do not
require a conformity analysis, (9) that if the total direct and
indirect emissions from the federal actions in conjunction with the
other emissions subject to general conformity from the facility exceed
the budget adopted the action must be evaluated for conformity, (10)
that if the SIP for the area includes a category for construction
emissions, the negotiated budget can exempt construction emissions from
further conformity analysis, and (11) that for emissions beyond the
time period covered by the SIP the federal agency can demonstrate
conformity with the last emission budget in the SIP, request the State
to adopt an emissions budget for the action for inclusion in the SIP.
BB. In addition to those items noted in our section IV(a)(4)(AA)
above, Section 3, (c)(xi)(k) ``Conformity Evaluation for Federal
Installations With Facility-Wide Emission Budgets'' also revised and
added new language that included requirements and provisions
addressing: (1) timing of offsets and mitigation measures, (2) inter-
precursor mitigation measures and offsets, and (3) early emission
reduction
[[Page 26568]]
credit programs at federal facilities and installations subject to
federal oversight.
b. Revisions to WAQSR Chapter 8, Section 5
Wyoming added a new section 5 to WAQSR Chapter 8 entitled
``Incorporation by reference''. This new section states that all Code
of Federal Regulations cited in Chapter 8, including their Appendices,
revised and published as of July 1, 2011, not including any later
amendments, are incorporated by reference. The section continues with
noting where copies for the applicable CFRs are available for public
inspection or may be obtained, at cost, from the State.
EPA has reviewed Wyoming's revisions to WAQSR Chapter 8, Section 3
``Conformity of general federal actions to state implementation plans''
and the new Section 5 ``Incorporation by reference'' and has concluded
that our approval is warranted. Based on our review, we determined that
the revisions to Section 3 incorporate and address the additional
federal general conformity requirements that we promulgated in July of
2006 and April of 2010. In addition, the new Section 5 that
incorporates relevant sections of the CFR is also acceptable. EPA is
proposing approval of this Wyoming SIP revision in order to update the
State's general conformity requirements for federal agencies, with
applicable federal actions, and to align the State's general conformity
requirements with the federal general conformity rule's requirements.
V. Consideration of Section 110(1) of the Clean Air Act
Section 110(1) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. As described above in our section IV.a.F. of this action, the
changes to the Wyoming SIP would not require a conformity determination
for minor new or modified stationary sources that require a permit
under the NSR permitting program (Section 110(a)(2)(C) and section 173
of the CAA). The State of Wyoming indicates that SIP permitting
regulations prevent the State from issuing a permit if the facility
would prevent the attainment or maintenance of any ambient air quality
standard (``the proposed facility will not prevent the attainment or
maintenance of any ambient air quality standard'' WAQRS Chapter 6,
Section 2(c)(ii)). Therefore, EPA proposes to find that these SIP
general conformity minor stationary source permit provisions are
adequate to ensure that this SIP revision will not interfere with
attainment, reasonable further progress, or any other applicable
requirement of the CAA.
VI. Proposed Action
EPA is proposing approval of the December 21, 2012 submitted SIP
revisions to Wyoming's WAQSR Chapter 8, Section 3 ``Conformity of
general federal actions to state implementation plans'' and Section 5
``Incorporation by reference''. These revisions incorporate and address
the federal general conformity rule requirements that were promulgated
on July 17, 2006 and April 5, 2010. EPA is proposing approval of this
Wyoming SIP revision submittal in order to update the State's general
conformity requirements for federal agencies, with applicable federal
actions, and to align the State's general conformity requirements with
the federal general conformity rule's requirements.
VII. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 Clean Air Act; 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.
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, and Reporting, recordkeeping
requirements, Sulfur oxides, and Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 23, 2013.
Judith Wong,
Acting Regional Administrator, Region 8.
[FR Doc. 2013-10819 Filed 5-6-13; 8:45 am]
BILLING CODE 6560-50-P