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[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Rules and Regulations]
[Pages 77150-77155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31664]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0872; FRL-9504-7]

Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; General Conformity Requirements for Federal Agencies 
Applicable to Federal Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Commonwealth of Virginia State Implementation Plan (SIP). The revision 
consists of a regulation adopted by Virginia to incorporate revisions 
to Federal general conformity requirements promulgated in July of 2006 
and in April of 2010. EPA is approving this Virginia SIP revision to 
update its state general conformity requirements rule for Federal 
agencies applicable to Federal actions (Virginia's General Conformity 
Rule) to align with the Federal General Conformity Requirements Rule. 
This approval action is being taken in accordance with the requirements 
of the Clean Air Act (CAA).

DATES: This rule is effective on February 10, 2012, without further 
notice, unless EPA receives adverse written comment by January 11, 
2012. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0872 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2011-0872, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0872. 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 
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.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Virginia Department of Environmental Quality, 629 
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by 
email at rehn.brian@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. The following outline is 
provided to aid in locating information in this preamble.

I. Summary of General Conformity Requirements and the SIP Revision
    A. What is general conformity and how does it affect air 
quality?
II. Virginia's General Conformity SIP Revision
III. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
    A. General Requirements
    B. Submission to Congress and the Comptroller General
    C. Petitions for Judicial Review

I. Summary of General Conformity Requirements and the SIP Revision

A. What is general conformity and how does it affect air quality?

    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 SIP. Under the 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,

[[Page 77151]]

including 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 Requirements 
Rule was published in the November 30, 1993 edition of the Federal 
Register (58 FR 63214) and codified in the Code of Federal Regulations 
at 40 CFR 93.150.
    EPA revised the Federal General Conformity Requirements Rule via a 
final rule issued in the April 5, 2006 edition of the Federal Register 
(65 FR 17003). EPA had promulgated a new NAAQS in July 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 2006 
revision to the Federal General Conformity Requirements Rule 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 revisited the Federal General Conformity 
Requirements Rule 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. EPA's April 2010 
revised rule 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 Requirements Rule 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.

II. Virginia's General Conformity SIP Revision

    On July, 1, 2011, the Commonwealth of Virginia submitted a formal 
revision to its SIP. The SIP revision consists of Virginia's General 
Conformity Rule, Revision F10 to the Virginia Administrative Code 
(codified at 9VAC5 Chapter 160, with an effective date of March 2, 
2011). The purpose of Virginia's SIP revision is to update the 
Commonwealth's General Conformity Rule to include new Federal general 
conformity requirements promulgated on July 17, 2006 (71 FR 40420) and 
on April 5, 2010 (75 FR 17254), described above.
    Virginia's General Conformity Rule (9 VAC5 Chapter 160), adopted on 
December 17, 2010 and effective March 2, 2011 makes numerous changes to 
the prior, SIP-approved version of the Virginia General Conformity rule 
(effective January 1, 1998). Specifically, these changes include:
    a. Modification of section 5-160-20--Definitions to add the terms 
``applicability analysis,'' ``confidential business information 
(CBI),'' ``conformity determination,'' ``conformity evaluation,'' 
``continuing program responsibility,'' ``continuous program to 
implement,'' ``emissions inventory,'' ``mitigation measure,'' 
``restricted information,'' and ``take or state federal action;''
    b. Modification of section 5-160-20--Definitions of the terms 
``applicable implementation plan,'' ``areawide air quality modeling 
analysis,'' ``direct emissions,'' ``emissions budgets,'' ``EPA,'' 
``Federal Clean Air Act,'' ``indirect emissions,'' ``local air quality 
modeling analysis,'' ``maintenance area,'' ``metropolitan planning 
organization,'' ``new source review (NSR) program,'' ``precursors of a 
criteria pollutant,'' and ``reasonably foreseeable emissions;''
    c. Modification of section 5-160-20--Definitions to delete the 
terms ``emissions that a Federal agency has a continuing program 
responsibility for'' and ``regionally significant action;''
    d. Modification of section 5-160-30--Applicability to reflect that 
areas newly designated nonattainment for a NAAQS are subject to 
conformity one year after the nonattainment effective date; and adds 
applicability provisions for PM2.5 nonattainment areas (with 
respect to de minimus applicability limits of SO2, nitrogen 
oxides (NOX), volatile organic compounds (VOCs), and ammonia 
emissions); and makes miscellaneous updates to Chapter-160-30--
Applicability to reflect the August 2010 revised Federal General 
Conformity Rule;
    e. Modification of section 5-160-110--General to remove outdated 
provisions;
    f. Retitling and modification of Chapter 160-120 to reflect updated 
cross-references and changes in terminology;
    g. Modification of section 5-160-130--Reporting Requirements to 
reflect to add a section on restricted information and CBI provisions 
and to add cross-references to that new section;
    h. Modification of section 5-160-140--Public Participation to add a 
new paragraph E addressing treatment of restricted information and CBI, 
and to add cross-references to that new section;
    i. Retitling and modification of section 5-160-150 to update 
provisions for reevaluation of conformity and to update or remove 
outdated provisions;
    j. Modification of section 5-160-160--Criteria for Determining 
Conformity of General Federal Actions to update cross references; to 
allow emissions from the action to be accounted for in a reasonable 
progress milestone or facility-wide emissions budget; and to allow 
direct and indirect emissions from a nonattainment or maintenance area 
to be offset from a nearby area of equal or higher classification, 
provided emissions from that area contributed to violations in the area 
of the action; and added language committing the Virginia Department of 
Environmental Quality (VA DEQ) to update its SIP within 18 months of a 
conformity demonstration based on a commitment by the Commonwealth to 
include emissions from the action in the SIP;
    k. Modification of section 5-160-170--Procedures for Conformity 
Demonstrations to make miscellaneous minor corrections and to update 
outdated provisions; and to modify the cases for which air quality 
modeling analysis apply;
    l. Modification of section 5-160-180--Mitigation of Air Quality 
Impacts to update cross-references;
    m. Addition of section 5-160-181--Conformity Evaluation for Federal 
Installations With Facility-Wide Emission Budgets to facilitate the use 
of facility-wide emissions budgets in evaluating conformity;
    n. Addition of section 5-160-182--Emissions Beyond the Time Period 
Covered by the Applicable Implementation Plan to address how Virginia 
treats Federal agencies that demonstrate conformity for an action

[[Page 77152]]

that causes emissions beyond the time period covered by the SIP;
    o. addition of section 5-160-183--Timing of Offsets and Mitigation 
Measures to address timing of offsets and mitigation with respect to a 
subject federal action, in that such mitigation and offsets are to 
occur at the same time as the project emission increases; or in the 
alternative where offsets or mitigation are non-contemporaneous with 
the action, that said reductions be greater than the resultant emission 
increases at least as great as applicable NSR ratios for the area; and 
that the time period for such alternative offset or mitigation 
schedules not exceed two times the project period; and that such non-
contemporaneous offsets shall not cause or contribute to a new 
violation of, increase the severity of, or delay timely attainment of 
any NAAQS;
    p. Addition of section 5-160-184--Inter-Precursor Mitigation 
Measures and Offsets to allow the use of inter-precursor offset and 
mitigation measures, where they are allowed by VADEQ under the approved 
SIP, technically justified, and have a demonstrated benefit;
    q. Addition of section 5-160-185--Early Emission Reduction Credit 
Programs at Federal Facilities and Installation Subject to Federal 
Oversight to allow the creation of emissions credits prior to the 
project (meeting VA DEQ specified requirements) that may then serve as 
mitigation or offsets for demonstrating conformity instead of being 
included as part of the baseline emissions analysis for the project; 
and
    r. Repeal of section 5-160-200, which is no longer relevant.
    Virginia's prior General Conformity Rule (9VAC5 Chapter 160, 
effective January 1, 1998) was approved by EPA as part of the Virginia 
SIP via a final rule published on January 7, 2003 (68 FR 663). 
Virginia's July 1, 2011 SIP revision that is the subject of this action 
supersedes the prior approved Virginia SIP.

III. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information (1) That are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
that are prepared independently of the assessment process; (3) that 
demonstrate a clear, imminent and substantial danger to the public 
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by Federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
Federally authorized environmental programs in a manner that is no less 
stringent than their Federal counterparts. * * *'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by Federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity Law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any Federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
program consistent with the Federal requirements. In any event, because 
EPA has also determined that a state audit privilege and immunity law 
can affect only state enforcement and cannot have any impact on Federal 
enforcement authorities, EPA may at any time invoke its authority under 
the CAA, including, for example, sections 113, 167, 205, 211, or 213, 
to enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the CAA is likewise unaffected by 
this, or any, state audit privilege or immunity law.

IV. What action is EPA taking?

    EPA has reviewed Virginia's July 1, 2011 SIP revision and found the 
Commonwealth's SIP to be in compliance with section 176(c) of the CAA 
and with the requirements of the Federal General Conformity 
Requirements Rule, codified at 40 CFR part 93, subpart B. Virginia's 
SIP serves to reduce the impact of Federal actions (not otherwise 
subject to transportation conformity, which is addressed under a 
separate Virginia SIP revision), and will prevent subject Federal 
actions from causing or contributing to a new violation of a NAAQS, or 
in interfering with attainment or maintenance of a NAAQS or otherwise 
interfering with the Virginia SIP.
    Virginia's July 1, 2011 SIP revision meets the requirements set 
forth in section 110 of the CAA with respect to adoption and submission 
of SIP revisions. The approval of Virginia's general conformity SIP 
revision will strengthen the Virginia SIP and will assist the 
Commonwealth in complying with Federal NAAQS.
    Therefore, EPA is approving Virginia's revision to its general 
conformity SIP. EPA is publishing this rule without prior proposal 
because we view this as a noncontroversial amendment and anticipate no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on February 10, 2012 without further 
notice unless EPA receives adverse comment by January 11, 2012. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the

[[Page 77153]]

Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

 B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register.This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 10, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking.
    This action to approve Virginia's general conformity SIP revision 
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 29, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as 
follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended under 
Chapter 160 by:
0
a. Revising the chapter title;
0
b. Removing the two existing entries for section 5-160-20.
0
c. Adding a new entry for section 5-160-20 in numerical order.
0
d. Revising the entries for sections 5-160-30 and 5-160-110.
0
e. Revising the entry for section 5-160-120.
0
f. Revising the entries for sections 5-160-130 and 5-160-140.
0
g. Revising the entries for sections 5-160-150 and 5-160-160.
0
h. Revising the entries for section 5-160-170 and 5-160-180.
0
i. Adding new entries for sections 5-160-181, 5-160-182, 5-160-183, 5-
160-184, and 5-160-185 in numerical order.
0
j. Removing the entry for section 5-160-200.
    The amendments read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

[[Page 77154]]

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                      State                            Explanation [former SIP
     State citation           Title/subject      effective date  EPA approval date            citation]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
9 VAC 5, Chapter 160 General Conformity
----------------------------------------------------------------------------------------------------------------
                                           Part I General Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
        5-160-20         Terms defined.........          3/2/11  12/12/11 [Insert   Number of terms added--10.
                                                                  page number       Number of terms revised--11.
                                                                  where the         Number of Terms deleted--2.
                                                                  document begins].
----------------------------------------------------------------------------------------------------------------
                                           Part II General Provisions
----------------------------------------------------------------------------------------------------------------
5-160-30...............  Applicability.........          3/2/11  12/12/11 [Insert   ............................
                                                                  page number
                                                                  where the
                                                                  document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                      Part III Criteria and Procedures for Making Conformity Determinations
----------------------------------------------------------------------------------------------------------------
5-160-110..............  General...............          3/2/11  12/12/2011         ............................
                                                                  [Insert page
                                                                  number where the
                                                                  document begins].
5-160-120..............  Federal agency                  3/2/11  12/12/11 [Insert   ............................
                          conformity                              page number
                          responsibility.                         where the
                                                                  document begins].
5-160-130..............  Reporting requirements          3/2/11  12/12/11 [Insert   ............................
                                                                  page number
                                                                  where the
                                                                  document begins].
5-160-140..............  Public participation..          3/2/11  12/12/11 [Insert   ............................
                                                                  page number
                                                                  where the
                                                                  document begins].
5-160-150..............  Reevaluation of                 3/2/11  12/12/11 [Insert   ............................
                          conformity.                             page number
                                                                  where the
                                                                  document begins].
5-160-160..............  Criteria for                    3/2/11  12/12/11 [Insert   ............................
                          determining                             page number
                          conformity of general                   where the
                          conformity actions.                     document begins].
5-160-170..............  Procedures for                  3/2/11  12/12/11 [Insert   ............................
                          conformity                              page number
                          determinations.                         where the
                                                                  document begins].
5-160-180..............  Mitigation of air               3/2/11  12/12/11 [Insert   ............................
                          quality impacts.                        page number
                                                                  where the
                                                                  document begins].
5-160-181..............  Conformity evaluation           3/2/11  12/12/11 [Insert   ............................
                          for federal                             page number
                          installations with                      where the
                          facility-wide                           document begins].
                          emission budgets.
5-160-182..............  Emissions beyond the            3/2/11  12/12/11 [Insert   ............................
                          time period covered                     page number
                          by the applicable                       where the
                          implementation plan.                    document begins].
5-160-183..............  Timing of offsets and           3/2/11  12/12/11 [Insert   ............................
                          mitigation measures.                    page number
                                                                  where the
                                                                  document begins].
5-160-184..............  Inter-precursor                 3/2/11  12/12/11 [Insert   ............................
                          mitigation measures                     page number
                          and offsets.                            where the
                                                                  document begins].
5-160-185..............  Early emission                  3/2/11  12/12/11 [Insert   ............................
                          reduction credit                        page number
                          programs at federal                     where the
                          facilities and                          document begins].
                          installation subject
                          to federal oversight.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[[Page 77155]]

* * * * *
[FR Doc. 2011-31664 Filed 12-9-11; 8:45 am]
BILLING CODE 6560-50-P
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