Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Proposed Rules 26563 

review by OMB under section 3(f) of 

Executive Order 12866. 

We have also reviewed this regulatory 

action under Executive Order 13563, 

which supplements and explicitly 

reaffirms the principles, structures, and 

definitions governing regulatory review 

established in Executive Order 12866. 

To the extent permitted by law, 

Executive Order 13563 requires that an 

agency— 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing this proposed priority 

only upon a reasoned determination 

that its benefits would justify its costs. 

In choosing among alternative 

regulatory approaches, we selected 

those approaches that would maximize 

net benefits. Based on the analysis that 

follows, the Department believes that 

this proposed priority is consistent with 

the principles in Executive Order 13563. 

We also have determined that this 

regulatory action would not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

The benefits of the Disability and 

Rehabilitation Research Projects and 

Centers Program have been well 

established over the years. Projects 

similar to the RRTCs have been 

completed successfully, and the 

proposed priority will generate new 

knowledge through research. The new 

RRTCs will generate, disseminate, and 

promote the use of new information that 

would improve outcomes for 

individuals with disabilities who live in 

rural areas in the areas of community 

living and participation, employment, 

and health and function. 

Intergovernmental Review: This 

program is not subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) by 

contacting the Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue SW., 

room 5075, PCP, Washington, DC 

20202–2550. Telephone: (202) 245– 

7363. If you use a TDD or TTY, call the 

FRS, toll free, at 1–800–877–8339. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: May 1, 2013. 

Michael K. Yudin, 

Delegated the authority to perform the 

functions and duties of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2013–10833 Filed 5–6–13; 8:45 am] 

BILLING CODE 4000–01–P 

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: russ.tim@epa.gov. 

• 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. 


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• 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, russ.tim@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 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, 


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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. 


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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 


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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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
26568 Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Proposed Rules 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0633; FRL–9809–5] 

Approval and Promulgation of 

Implementation Plans; Arkansas; 

Interstate Transport of Fine Particulate 

Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

portions of State Implementation Plan 

(SIP) submittals from the State of 

Arkansas to address Clean Air Act (CAA 

or Act) requirements that prohibit air 


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