Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations 49685 

corrected to read as follows: ‘‘Acting 

Regional Administrator, Region 9.’’ 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Sulfur dioxide, 

Particulate matter, Reporting and 

recordkeeping requirements, Visibility, 

Volatile organic compounds. 

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

Dated: August 2, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region 9. 

[FR Doc. 2013–19618 Filed 8–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0059; FRL–9846–8] 

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: Final rule. 

SUMMARY: EPA is approving 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 Wyoming’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 approving the 

submission in accordance with the 

requirements of section 110 of the Clean 

Air Act. 

DATES: Effective Date: This final rule is 

effective September 16, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2013–0059. 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 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. Background Information 

II. What was the State’s process? 

III. EPA’s Evaluation of the State’s Revisions 

to Chapter 8, Sections 3 

and 5 

IV. Response to Comments 

V. Consideration of Section 110(1) of the 

Clean Air Act 

VI. Final Action 

VII. Statutory and Executive Order Reviews 

I. Background Information 

On May 7, 2013, EPA published a 

proposed rule in the Federal Register in 

which we proposed approval of a State 

Implementation Plan (SIP) revision that 

was submitted by the State of Wyoming 

on December 21, 2012. Our proposed 

rule provided an opportunity for public 

comment through June 6, 2013 (see 78 

FR 26563). The SIP submission 

addressed revisions and additions to the 

State’s general conformity requirements 

in order to align them with the current 

federal general conformity regulation 

requirements and incorporated by 

reference those sections of the Code of 

Federal Regulations that are referred to 

in the State’s general conformity 

requirements. In response to our May 7, 

2013 proposed rule, we received six 

comment letters in support of our 

proposed rule and we did not receive 

any adverse comments. 

As background, we note 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 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 to 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 (PM), 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 

part 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, 

1997 (62 FR 38652) that established a 

separate NAAQS for fine particulate 

matter 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. 


tkelley on DSK3SPTVN1PROD with RULES
49686 Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations 

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 (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 a chronology of 

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 direct final rule of 

November 19, 1999 (64 FR 63206). That 

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 (69 FR 44965). 

II. 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 WAQSR. 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. 

III. 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, were described in 

our May 7, 2013, proposed rule and for 

the reader’s convenience, are again 

provided below. The State’s revisions 

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 provisions of the 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. 

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 


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Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations 49687 

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 

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. 


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49688 Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations 

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 (75 FR 17254) 

we changed the language at 40 CFR 

93.158(a)(4) from ‘‘For CO or directly 

emitted 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 (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 1 year 

after the effective date of the 

nonattainment designation (CAA 

section 176(c)(6)). Within that 1 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, or 

request the state to adopt an emissions 

budget for the action for inclusion in the 

SIP. 

bb. In addition to those items noted in 

section III(A)(4)(aa) of this action, 

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 

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 CFR citations 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 of 

the applicable CFRs are available for 


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Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations 49689 

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 2006 and April 

2010. In addition, the new Section 5 

that incorporates relevant sections of the 

CFR is also acceptable. EPA is 

approving Wyoming’s December 21, 

2012 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. 

IV. Response to Comments 

On May 7, 2013, EPA published a 

proposed rule in the Federal Register in 

which we proposed approval of 

Wyoming’s general conformity 

requirements SIP revision that was 

submitted by the State of Wyoming on 

December 21, 2012. Our proposed rule 

provided an opportunity for public 

comment through June 6, 2013 (see 78 

FR 26563). In response to our May 7, 

2013 proposed rule, we received six 

comment letters in support of our 

proposed rule and we did not receive 

any adverse comments. EPA notes and 

appreciates these comments. Copies of 

these comment letters are provided in 

the docket for this final rule. 

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 

in section III.A.4.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’’, 

WAQSR Chapter 6, Section 2(c)(ii)). 

With this final rule, EPA is finding that 

these Wyoming SIP general conformity 

minor stationary source permit 

provisions are adequate to ensure that 

this SIP revision will not interfere with 

any applicable requirement concerning 

attainment and reasonable further 

progress towards attainment of a 

NAAQS or any other applicable 

requirement of the CAA. 

VI. Final Action 

EPA is approving 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 

approving 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. 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 15, 2013. 

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. This action may 

not be challenged later in proceedings to 


tkelley on DSK3SPTVN1PROD with RULES
49690 Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations 

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, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

Dated: July 16, 2013. 

Judith Wong, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart ZZ—Wyoming 

■ 2. Section 52.2620, the table in 

paragraph (c)(1) is amended under 

Chapter 8 by revising the entry for 

Section 3 and by adding a new entry for 

Section 5 to read as follows: 

§ 52.2620 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject State adopted and 

effective date EPA approval date and citation 1 Explanations 

*******

Chapter 8 

*******

Section 3 ............... Conformity of general federal actions 

to state implementation plans..

10/5/12, 12/19/12 8/15/13 [insert FR page number 

where document begins].

Section 5 ............... Incorporation by reference. ................. 10/5/12, 12/19/12 8/15/13 [insert FR page number 

where document begins].

*******

1 In order to determine the EPA effective date for a specific provision that is listed in the table, consult the Federal Register cited in this column for that particular provision. 

* * * * * 

[FR Doc. 2013–19603 Filed 8–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 312 

[EPA–HQ–SFUND–2013–0513; FRL–9845–9] 

Amendment to Standards and 

Practices for All Appropriate Inquiries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to amend the Standards and 

Practices for All Appropriate Inquiries 

to reference a standard practice recently 

made available by ASTM International, 

a widely recognized standards 

development organization. Specifically, 

this direct final rule amends the All 

Appropriate Inquiries Rule to reference 

ASTM International’s E1527–13 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment 

Process’’ and allow for its use to satisfy 

the requirements for conducting all 

appropriate inquiries under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act. 

DATES: This rule is effective on 

November 13, 2013, without further 

notice, unless EPA receives adverse 

comment by September 16, 2013. If EPA 

receives such comment, we will publish 

a timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2013–0513 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: superfund.docket@epa.gov. 

• Fax: 202–566–9744. 

• Mail: Superfund Docket, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460. 

• Hand Delivery: EPA Headquarters 

West Building, Room 3334, located at 

1301 Constitution Ave. NW., 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

EPA Headquarters Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m. Eastern Standard Time, Monday 

through Friday, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2013– 

0513. 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 


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