73442 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 

Executive Order 12866. VA’s impact 

analysis can be found as a supporting 

document at http://

www.regulations.gov, usually within 48 

hours after the rulemaking document is 

published. Additionally, a copy of the 

rulemaking and its impact analysis are 

available on VA’s Web site at http://

www1.va.gov/orpm, by following the 

link for ‘‘VA Regulations Published.’’ 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

Numbers 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.005, Grants to States for Construction 

of State Home Facilities; 64.008, 

Veterans Domiciliary Care; 64.009, 

Veterans Medical Care Benefits; 64.010, 

Veterans Nursing Home Care; 64.014, 

Veterans State Domiciliary Care; 64.015, 

Veterans State Nursing Home Care; 

64.016, Veterans State Hospital Care; 

64.018, Sharing Specialized Medical 

Resources; 64.022, Veterans Home 

Based Primary Care; 64.024, VA 

Homeless Providers Grant and Per Diem 

Program; and 64.026, Veterans State 

Adult Day Health Care. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. Jose 

D. Riojas, Chief of Staff, Department of 

Veterans Affairs, approved this 

document on October 31, 2013, for 

publication. 

List of Subjects in 38 CFR Part 59 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Foreign relations, Government 

contracts, Grant programs—health, 

Grant programs—veterans, Health care, 

Health facilities, Health professions, 

Health records, Homeless, Medical and 

dental schools, Medical devices, 

Medical research, Mental health 

programs, Nursing homes, Reporting 

and recordkeeping requirements, Travel 

and transportation expenses, Veterans. 

Dated: December 2, 2013. 

Robert C. McFetridge, 

Director of Regulations Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

PART 59—GRANTS TO STATES FOR 

CONSTRUCTION OR ACQUISITION OF 

STATE HOMES 

Based on the rationale set forth in the 

Federal Register at 78 FR 21262 on 

April 10, 2013, VA is adopting the 

interim final rule as a final rule with no 

changes. 

[FR Doc. 2013–29105 Filed 12–5–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0650; FRL–9903– 

78–Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; State Boards Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the State 

of Maryland State Implementation Plan 

(SIP). The SIP revision addresses the 

State Boards’ requirements for all 

criteria pollutants of the National 

Ambient Air Quality Standards 

(NAAQS). EPA is approving this SIP 

revision in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on February 

4, 2014 without further notice, unless 

EPA receives adverse written comment 

by January 6, 2014. 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–2013–0650 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–2013–0650, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, Air 

Protection Division, Mailcode 3AP30, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted 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–2013– 

0650. 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 Maryland Department of 

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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 73443 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 128 of the CAA requires SIPs 

to comply with the requirements 

regarding State Boards. Section 

110(a)(2)(E)(ii) of the CAA also 

references these requirements. Section 

128(a) of the CAA requires SIPs to 

contain provisions that: (1) Any board 

or body which approves permits or 

enforcement orders under the CAA shall 

have at least a majority of its members 

represent the public interest and not 

derive any significant portion of their 

income from persons subject to permits 

or enforcement orders under the CAA; 

and (2) any potential conflict of interest 

by members of such board or body or 

the head of an executive agency with 

similar powers be adequately disclosed. 

The requirements of section 128(a)(1) 

are not applicable to Maryland because 

it does not have any board or body 

which approves air quality permits or 

enforcement orders. The requirements 

of section 128(a)(2), however, are 

applicable because the heads of 

Maryland Department of the 

Environment (MDE) and the Maryland 

Public Service Commission (PSC), or 

their designees, approve permits or 

enforcement orders within Maryland. 

II. Summary of SIP Revision 

On August 14, 2013, the State of 

Maryland, through MDE, submitted a 

SIP revision (#13–03B) that addresses 

the requirements of sections 128 and 

110(a)(2)(E)(ii) for all criteria pollutants 

of the NAAQS in relation to State 

Boards. This submission was part of a 

larger SIP revision submitted on the 

same date. However, EPA will take 

separate rulemaking action on the 

remainder of that revision. Maryland’s 

statutory provisions governing the 

relevant section 128 requirements are 

found in the Annotated Code of 

Maryland Title 15 (Public Ethics). The 

Secretary of MDE and the state 

employees subordinate to the position, 

as well as the state employees at the 

PSC, are subject to the requirements of 

Title 15. In order to meet the 

requirements of CAA Sections 128 and 

110(a)(2)(E)(ii), Maryland is seeking to 

incorporate into the SIP the relevant 

provisions of Title 15, including certain 

portions of: Subtitle 1, sections 15–102 

and 15–103; and, subtitle 6, sections 15– 

601, 15–602, 15–607, and 15–608. The 

State effective dates for these 

subsections of Title 15 are listed in the 

table in 40 CFR 52.1070(c) and are the 

‘‘last amended’’ dates for the statutory 

sections, which include these 

subsections, according to Michie’s 

Annotated Code of Maryland. 

III. EPA’s Analysis of Maryland’s SIP 

Revision 

Sections 128 and 110(a)(2)(E)(ii) 

require that each state’s SIP 

demonstrates how state boards, bodies 

or heads of executive agencies which 

approve CAA permits or enforcement 

orders disclose any potential conflicts of 

interest. The Secretary of MDE or his 

designee approves all CAA permits and 

enforcement orders in Maryland with 

the exception of pre-construction 

permits for electric generating stations 

that receive a Certificate of Public 

Convenience and Necessity (CPCN) 

from the PSC. MDE is an executive 

agency that acts through its Secretary or 

a delegated subordinate state employee. 

The PSC also acts through its 

Commissioners or delegated 

subordinates to approve permits. MDE 

submitted relevant provisions of the 

Annotated Code of Maryland, Title 15 

for inclusion into the SIP as required by 

sections 128 and 110(a)(2)(E)(ii). Title 

15 applies to state employees and 

requires them to disclose relevant 

financial information. This SIP revision 

reflects the existing law and 

demonstrates that Maryland complies 

with the requirements of sections 128 

and 110(a)(2)(E)(ii) of the CAA through 

the Maryland Title 15 requirements for 

adequate disclosure of potential 

conflicts of interest. 

IV. Final Action 

EPA is approving the Maryland SIP 

revision that addresses the requirements 

of sections 128 and 110(a)(2)(E)(ii) of the 

CAA for all criteria pollutants of the 

NAAQS. EPA is publishing this rule 

without prior proposal because EPA 

views this as a noncontroversial 

amendment and anticipates 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 4, 2014 without 

further notice unless EPA receives 

adverse comment by January 6, 2014. If 

EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

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 

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73444 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 

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 4, 2014. 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 action. This 

action, approving the Maryland SIP 

revision for purposes of meeting 

sections 128 and 110(a)(2)(E)(ii) 

requirements for all criteria pollutants 

of the NAAQS in relation to State 

Boards, 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, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

Dated: November 14, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by adding six entries 

under a new heading ‘‘State 

Government Article of the Annotated 

Code of Maryland’’ at the end of the 

table. 

The added text reads as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland Administrative Regulations (COMAR) 

citation 

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/citation 

at 40 CFR 52.1100 

*******

Annotated Code of Maryland 

citation Title/subject State effective date EPA approval date Additional explanation/citation at 40 CFR 52.1100 

*******

State Government Article of the Annotated Code of Maryland 

Section 15–102(a)(1), 

(a)(2)(bb), (a)(2)(ff), and 

(a)(2)(ll).

Definitions .............................. 10/1/12 12/6/13 [Insert page number 

where the document begins].

Added; addresses CAA section 128. 

Section 15–103(a), (b)(1) and 

(b)(2), and (f).

Designation of Individuals as 

public officials.

10/1/95 12/6/13 [Insert page number 

where the document begins].

Added; addresses CAA section 128. 

Section 15–601(a) .................. Individuals required to file 

statement.

10/1/04 12/6/13 [Insert page number 

where the document begins].

Added; addresses CAA section 128. 

Section 15–602(a)(1) through 

(a)(5).

Financial disclosure statement—Filing requirements.10/1/08 12/6/13 [Insert page number 

where the document begins].

Added; addresses CAA section 128. 

Section 15–607(a) through (j) Content of statements ........... 10/1/04 12/6/13 [Insert page number 

where the document begins].

Added; addresses CAA section 128. 

Section 15–608(a) through (c) Interests attributable to individual filing statement.10/1/95 12/6/13 [Insert page number 

where the document begins].

Added; addresses CAA section 128. 

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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 73445 

* * * * * 

[FR Doc. 2013–28956 Filed 12–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0728, FRL–9903–58– 

Region 8] 

Disapproval, Approval and 

Promulgation of Air Quality 

Implementation Plan Revisions; 

Infrastructure Requirements for the 

1997 and 2006 PM2.5 National Ambient 

Air Quality Standards; Prevention of 

Significant Deterioration; Wyoming 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is partially approving 

and partially disapproving the State 

Implementation Plan (SIP) submissions 

from the State of Wyoming to 

demonstrate that the SIP meets the 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for fine particulate matter 

(PM2.5) on July 18, 1997 and on October 

17, 2006. The CAA requires that each 

state, after a new or revised NAAQS is 

promulgated, review their SIPs to 

ensure that they meet infrastructure 

requirements. The State of Wyoming 

provided infrastructure submissions for 

the 1997 and 2006 PM2.5 NAAQS on 

March 26, 2008 and August 19, 2011, 

respectively. EPA is also approving 

revisions to Wyoming’s Prevention of 

Significant Deterioration (PSD) program 

that incorporate necessary provisions 

from EPA’s 2010 PM2.5 Increment Rule. 

DATES: This final rule is effective 

January 6, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0728. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 through 

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: 

Kathy Ayala, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6142, 

ayala.kathy@epa.gov. 

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 initials CBI mean or refer to 

confidential business information. 

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

mean or refer to the United States 

Environmental Protection Agency. 

(iv) The initials NAAQS mean or refer 

to national ambient air quality 

standards. 

(v) The initials NSR mean or refer to 

new source review. 

(vi) The initials PM mean or refer to 

particulate matter. 

(vii) The initials PM 2.5 mean or refer 

to particulate matter with an 

aerodynamic diameter of less than 2.5 

micrometers (fine particulate matter). 

(viii) The initials PSD mean or refer 

to Prevention of Significant 

Deterioration. 

(ix) The initials SIP mean or refer to 

State Implementation Plan. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Orders Review 

I. Background 

Infrastructure requirements for SIPs 

are provided in sections 110(a)(l) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

notice of proposed rulemaking (NPR), 

published on September 6, 2013 (78 FR 

54828). 

In the NPR, EPA proposed to approve 

Wyoming’s March 26, 2008 and August 

19, 2011 submissions for the following 

infrastructure elements for the 1997 and 

2006 PM2.5 NAAQS: (A), (B), (C) with 

respect to minor New Source Review 

(NSR) and PSD requirements, (D)(ii), 

(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), 

and (M). We also proposed to approve 

revisions to the Wyoming Air Quality 

Standards and Regulations (WAQSR), 

Chapter 6, Section 4, as submitted on 

May 24, 2012, which incorporate the 

requirements of the 2010 PM2.5

Increment Rule; specifically, revisions 

to: Chapter 6, Section 4 (a) Definitions 

of ‘‘Baseline area,’’ ‘‘Major source 

baseline date,’’ and ‘‘Minor source 

baseline date’’; Chapter 6, Section 

4(b)(i)(A)(I) Table 1; Chapter 6, Section 

4(b)(viii); and Section 14. The reasons 

for our approval are provided in detail 

in the NPR. We have also separately 

completed our proposed action of June 

24, 2013, 78 FR 37752, approving 

Wyoming’s March 8, 2013 submittal to 

regulate greenhouse gases under 

Wyoming’s PSD program and 

concurrently rescinding our 

corresponding federal implementation 

plan. With these updates to the State’s 

approved PSD program, Wyoming’s 

infrastructure submissions for the 1997 

and 2006 PM2.5 NAAQS are approvable 

with respect to the PSD requirements in 

infrastructure elements (C) and (J). 

For reasons explained in the NPR, 

EPA proposed to disapprove Wyoming’s 

March 26, 2008 and August 19, 2011 

submittals for the section 110(a)(2)(E)(ii) 

infrastructure element, related to CAA 

section 128, State Boards, for the 1997 

and 2006 PM2.5 NAAQS. EPA is taking 

no action at this time on infrastructure 

element (D)(i), which concerns 

interstate transport of pollutants, for the 

2006 PM2.5 NAAQS. 

II. Response to Comments 

We received one set of comments 

from the Wyoming Department of 

Environmental Quality (DEQ). DEQ 

supported our proposed approval of 

Wyoming’s infrastructure submissions 

for the 1997 and 2006 PM2.5 NAAQS for 

elements (A), (B), (C) with respect to 

minor NSR and PSD requirements, 

(D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), 

(L), and (M). However, DEQ took issue 

with certain aspects of our action. 

Comment: DEQ states that EPA, in our 

proposal notice, summarized, and in 

some cases incorrectly stated, the 

references within the infrastructure SIP 

submittals to various regulatory and 

non-regulatory provisions. DEQ asked 

that EPA ‘‘correct the citations’’ in the 

summaries ‘‘to ensure accuracy and 

maintain consistency’’ between EPA’s 

notices and Wyoming’s submittals. 

Response: EPA disagrees with certain 

portions of this comment. In our 

proposal notice, the summaries of the 

state’s submittals were merely meant to 

be descriptive in general terms. For the 

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