[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Proposed Rules]
[Pages 54828-54835]
[FR Doc No: 2013-21613]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0728; FRL-9900-65-Region 8]

Promulgation of State 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: Proposed rule.

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SUMMARY: EPA is proposing to partially approve and partially disapprove
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 particulate matter less than or equal to 2.5
micrometers ([mu]m) in diameter (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 SIP to ensure that they meet
the requirements of the ``infrastructure elements'' necessary to
implement the new or revised NAAQS. Wyoming provided infrastructure
submissions for the 1997 and 2006 PM2.5 NAAQS on March 26,
2008 and August 19, 2011, respectively. EPA does not propose to act on
certain portions of the submissions for the 2006 PM2.5 NAAQS
that are intended to meet requirements related to interstate transport
of air pollution. EPA will act on the remainder of the submissions in a
separate action.

DATES: Written comments must be received on or before September 27,
2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2011-0728, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop
Street, 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-
2011-0728. 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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. 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
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 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.<PHONE_NUMBER>,
<EMAIL_ADDRESS>
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 FIP mean or refer to a Federal Implementation
Plan.
    (v) The initials GHG mean or refer to greenhouse gases.
    (vi) The initials NAAQS mean or refer to national ambient air
quality standards.
    (vii) The initials NOX mean or refer to nitrogen oxides.
    (viii) The initials NSR mean or refer to new source review.
    (ix) The initials PM mean or refer to particulate matter.
    (x) The initials PM2.5 mean or refer to particulate matter with
an aerodynamic diameter of less than 2.5 micrometers (fine
particulate matter).
    (xi) The initials ppm mean or refer to parts per million.
    (xii) The initials PSD mean or refer to Prevention of
Significant Deterioration.
    (xiii) The initials SIP mean or refer to State Implementation
Plan.
    (xiv) The initials SSM mean or refer to start-up, shutdown, or
malfunction.
    (xv) The initials WAQSR mean or refer to the Wyoming Air Quality
Standards and Regulation.

Table of Contents

I. General Information
II. Background
III. What is the scope of this rulemaking?
IV. What infrastructure elements are required under sections
110(a)(1) and (2)?

V. How did Wyoming address the infrastructure elements of sections
110(a)(1) and (2)?
VI. What action is EPA proposing?
VII. Statutory and Executive Order Reviews

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (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 on 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:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register, date, and
page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your
requested changes;
     Describe any assumptions and provide any technical
information and/or data that you used;
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced;
     Provide specific examples to illustrate your concerns, and
suggest alternatives;
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats; and,
     Make sure to submit your comments by the comment period
deadline identified.

II. Background

    On July 18, 1997, EPA promulgated new NAAQS for PM2.5.
Two new PM2.5 standards were added, set at 15 [mu]g/m\3\,
based on the three-year average of annual arithmetic mean
PM2.5 concentration from single or multiple community-
oriented monitors, and 65 [mu]g/m\3\, based on the three-year average
of the 98th percentile of 24-hour PM2.5 concentrations at
each population-oriented monitor within an area (62 FR 38652).
    On October 17, 2006, EPA promulgated a revised NAAQS for
PM2.5, tightening the level of the 24-hour PM2.5
standard to 35 [mu]g/m\3\ and retaining the level of the annual
PM2.5 standard at 15 [mu]g/m\3\. EPA also retained the 24-
hour PM10 and revoked the annual PM10 standard
(71 FR 61144). By statute, SIPs meeting the requirements of CAA
sections 110(a)(1) and (2) are to be submitted by states within three
years after promulgation of a new or revised standard. Section
110(a)(2) provides basic requirements for SIPs, including emissions
inventories, monitoring, and modeling, to assure attainment and
maintenance of the standards. These requirements are set out in several
``infrastructure elements,'' listed in section 110(a)(2).
    CAA section 110(a) imposes the obligation upon states to make a SIP
submission to EPA for a new or revised NAAQS, and the contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time the
state develops and submits the SIP for a new or revised NAAQS affects
the content of the submission. The contents of such SIP submissions may
also vary depending upon what provisions the state's existing SIP
already contains. In the case of the 1997 and 2006 PM2.5
NAAQS, states typically have met the basic program elements required in
section 110(a)(2) through earlier SIP submissions in connection with
previous NAAQS.

III. What is the scope of this rulemaking?

    This rulemaking will not cover four substantive issues that are not
integral to acting on a state's infrastructure SIP submission: (1)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction (SSM) at sources, that may be
contrary to the CAA and EPA's policies addressing such excess emissions
(``SSM''); (2) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(``director's discretion''); (3) existing provisions for minor source
NSR programs that may be inconsistent with the requirements of the CAA
and EPA's regulations that pertain to such programs (``minor source
NSR''); and (4) existing provisions for prevention of significant
deterioration (PSD) programs that may be inconsistent with current
requirements of EPA's ``Final NSR Improvement Rule,'' 67 FR 80186
(December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR
Reform''). Instead, EPA has indicated that it has other authority to
address any such existing SIP defects in other rulemakings, as
appropriate. A detailed rationale for why these four substantive issues
are not part of the scope of infrastructure SIP rulemakings can be
found in EPA's July 13, 2011 final rule entitled, ``Infrastructure SIP
Requirements for the 1997 8-hour Ozone and PM2.5 National
Ambient Air Quality Standards'' in the section entitled, ``What is the
scope of this final rulemaking?'' (see 76 FR 41075 at 41076-41079).

IV. What infrastructure elements are required under sections 110(a)(1)
and (2)?

    Section 110(a)(1) provides the procedural and timing requirements
for SIP submissions after a new or revised NAAQS is promulgated.
Section 110(a)(2) lists specific elements the SIP must contain or
satisfy. These infrastructure elements include requirements such as
modeling, monitoring, and emissions inventories, which are designed to
assure attainment and maintenance of the NAAQS. The elements that are
the subject of this action are listed below.
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D): Interstate transport.
     110(a)(2)(E): Adequate resources and authority, conflict
of interest, and oversight of local governments and regional agencies.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency powers.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(J): Consultation with government officials;
public notification; and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local
entities.
    A detailed discussion of each of these elements is contained in the
next section.
    Element 110(a)(2)(D)(i)(I), Interstate transport of pollutants
which contribute significantly to nonattainment in, or interfere with
maintenance by, any other state will be acted upon in a

separate action. EPA will also act on the visibility element of section
110(a)(2)(D)(i)(II) in a separate action.
    Two elements identified in section 110(a)(2) are not governed by
the three year submission deadline of section 110(a)(1) and are
therefore not addressed in this action. These elements relate to part D
of Title I of the CAA, and submissions to satisfy them are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the same time nonattainment area plan requirements
are due under section 172. The two elements are: (1) Section
110(a)(2)(C) to the extent it refers to permit programs (known as
``nonattainment new source review (NSR)'') required under part D, and
(2) section 110(a)(2)(I), pertaining to the nonattainment planning
requirements of part D. As a result, this action does not address
infrastructure elements related to the nonattainment NSR portion of
section 110(a)(2)(C) or related to 110(a)(2)(I).

V. How did Wyoming address the infrastructure elements of sections
110(a)(1) and (2)?

    1. Emission limits and other control measures: Section 110(a)(2)(A)
requires SIPs to include enforceable emission limitations and other
control measures, means, or techniques (including economic incentives
such as fees, marketable permits, and auctions of emissions rights), as
well as schedules and timetables for compliance as may be necessary or
appropriate to meet the applicable requirements of this Act.
    a. Wyoming's response to this requirement: The State's March 26,
2008 submission for the 1997 PM2.5 infrastructure
requirements and August 19, 2011 submission for the 2006
PM2.5 infrastructure requirements cite three non-regulatory
documents (e.g., Control Strategy, Source Surveillance, and Compliance
Schedule) which were approved by EPA on May 31, 1972 (37 FR 10842). The
State's submissions also cite regulatory documents included in the
Wyoming Air Quality Standards and Regulation (WAQSR) included in
Chapters 1, 3, 4, 8, 10 and 13.
    b. EPA analysis: Wyoming's SIP meets the requirements of CAA
section 110(a)(2)(A) for the 1997 and 2006 PM2.5 NAAQS,
subject to the following clarifications. First, Wyoming has no areas
designated as nonattainment for the 1997 and 2006 PM2.5
NAAQS and, therefore, is not required to establish enforceable emission
limitations or other emission reduction measures to attain the 1997 and
2006 PM2.5 NAAQS. The SIP provisions cited by Wyoming
include emissions standards for particulate matter (WAQSR Chapter 2,
Section 2). Wyoming also regulates emissions of PM2.5 and
its precursors through the State's approved PSD and minor NSR programs.
This is sufficient to meet the requirements of 110(a)(2)(A) for the
1997 and 2006 PM2.5 NAAQS.
    Second, in this action, EPA is not proposing to approve or
disapprove any existing state rules with regard to director's
discretion or variance provisions. A number of states have such
provisions which are contrary to the CAA and existing EPA guidance (52
FR 45109, November 24, 1987), and the Agency plans to take action in
the future to address such state regulations. In the meantime, EPA
encourages any state having a director's discretion or variance
provision which is contrary to the CAA and EPA guidance to take steps
to correct the deficiency as soon as possible.
    Finally, in this action, EPA is also not proposing to approve or
disapprove any existing state provisions with regard to excess
emissions during startup, shutdown, or malfunction (SSM) of operations
at a facility. A number of states have SSM provisions which are
contrary to the CAA and existing EPA guidance \1\ and the Agency is
addressing such state regulations separately (78 FR 12460, February 22,
2013).
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    \1\ Steven Herman, Assistant Administrator for Enforcement and
Compliance Assurance, and Robert Perciasepe, Assistant Administrator
for Air and Radiation, Memorandum to EPA Air Division Directors,
``State Implementation Plans (SIPs): Policy Regarding Emissions
During Malfunctions, Startup, and Shutdown.'' (September 20, 1999).
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    2. Ambient air quality monitoring/data system: Section 110(a)(2)(B)
requires SIPs to provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to ``(i) monitor,
compile, and analyze data on ambient air quality, and (ii) upon
request, make such data available to the Administrator.''
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
three non-regulatory documents (e.g., Air Quality Surveillance, Air
Quality Surveillance Network, and Implementation Plan for Lead). The
State's submissions also cite regulatory documents included in Chapters
1 and 2 of the WAQSR.
    b. EPA analysis: Wyoming's air monitoring program and data systems
meet the requirements of CAA section 110(a)(2)(B) for the 1997 and 2006
PM2.5 NAAQS. The Wyoming Ambient Air Monitoring Annual
Network Plan for 2011 was approved by EPA Region 8 on February 29,
2012.
    3. Program for enforcement of control measures: Section
110(a)(2)(C) requires SIPs to include a program to provide for the
enforcement of the measures described in subparagraph (A), and
regulation of the modification and construction of any stationary
source within the areas covered by the plan as necessary to assure that
NAAQS are achieved, including a permit program as required in parts C
and D of the Act.
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
four non-regulatory documents (e.g., Legal Authority, Source
Surveillance, Review of New Sources and Modifications, and March 3,
2008 memorandum from Cynthia Cody [EPA Region 8, Air Quality Planning
Unit Chief]). The State's submissions also cite regulatory documents
included in the WAQSR Chapter 6.
    b. EPA analysis: To generally meet the requirements of section
110(a)(2)(C), the State is required to have SIP-approved PSD,
nonattainment NSR, and minor NSR permitting programs adequate to
implement the 1997 and 2006 PM2.5 NAAQS. As explained above,
in this action EPA is not evaluating nonattainment related provisions,
such as the nonattainment NSR program required by part D of the Act.
EPA is evaluating the State's PSD program as required by part C of the
Act, and the State's minor NSR program as required by 110(a)(2)(C).

PSD Requirements

    Wyoming has a SIP-approved PSD program that meets the general
requirements of part C of the Act (44 FR 51977, September 6, 1979). To
satisfy the particular requirements of section 110(a)(2)(C), states
should have a PSD program that applies to all regulated NSR pollutants,
including greenhouse gases (GHGs). See 40 CFR 51.166(b)(48) and
(b)(49). The PSD program should reflect current requirements for these
pollutants. In particular, for three pollutants--ozone,
PM2.5 and GHGs--there are additional regulatory requirements
(set out in portions of 40 CFR 51.166) that we consider in evaluating
Wyoming's PSD program.
    On July 25, 2011 (76 FR 44265), we approved a revision to the
Wyoming PSD program that addressed the PSD requirements of the Phase 2
Ozone Implementation Rule promulgated on November 29, 2005 (70 FR
71612). As a result, the approved Wyoming PSD program meets the current
requirements for ozone.

    With respect to GHGs, on June 24, 2013 (78 FR 37752) EPA proposed
to approve a submittal that revises Wyoming's PSD program to regulate
GHGs and to adopt the thresholds set out in EPA's June 3, 2010 ``PSD
and Title V Greenhouse Gas Tailoring Final Rule'' (75 FR 31514). In
that proposal, EPA accordingly also proposed to rescind the Federal
Implementation Plan (FIP) for GHG permitting in Wyoming that EPA had
promulgated on December 30, 2010 (75 FR 82246). With EPA's proposed
approval of the relevant portions of the revisions to Wyoming's PSD
program and rescission of the FIP, Wyoming's PSD program will meet
current requirements for GHGs.
    Finally, we evaluate the PSD program with respect to current
requirements for PM2.5. In particular, on May 16, 2008, EPA
promulgated the rule, ``Implementation of the New Source Review Program
for Particulate Matter Less Than 2.5 Micrometers (PM2.5) and
on October 20, 2010 EPA promulgated the rule, ``Prevention of
Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC)'' (75 FR 64864).
EPA regards adoption of these PM2.5 rules as a necessary
requirement when assessing a PSD program for the purposes of element
(C).
    On January 4, 2013, the U.S. Court of Appeals, in Natural Resources
Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.), issued a judgment
that remanded EPA's 2007 and 2008 rules implementing the 1997
PM2.5 NAAQS. The Court ordered EPA to ``repromulgate these
rules pursuant to Subpart 4 consistent with this opinion.'' Id. at 437.
Subpart 4 of part D, Title 1 of the CAA establishes additional
provisions for particulate matter nonattainment areas.
    The 2008 implementation rule addressed by the court decision,
``Implementation of New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5),'' (73 FR 28321,
May 16, 2008), promulgated New Source Review (NSR) requirements for
implementation of PM2.5 in nonattainment areas
(nonattainment NSR) and attainment/unclassifiable areas (PSD). As the
requirements of subpart 4 only pertain to nonattainment areas, EPA does
not consider the portions of the 2008 Implementation rule that address
requirements for PM2.5 attainment and unclassifiable areas
to be affected by the Court's opinion. Moreover, EPA does not
anticipate the need to revise any PSD requirements promulgated in the
2008 Implementation rule in order to comply with the Court's decision.
Accordingly, EPA's approval of Wyoming's infrastructure SIP as to
elements (C) or (J) with respect to the PSD requirements promulgated by
the 2008 Implementation rule does not conflict with the Court's
opinion.
    The Court's decision with respect to the nonattainment NSR
requirements promulgated by the 2008 Implementation rule also does not
affect EPA's action on the present infrastructure action. EPA
interprets the Act to exclude nonattainment area requirements,
including requirements associated with a nonattainment NSR program,
from infrastructure SIP submissions due 3 years after adoption or
revision of a NAAQS. Instead, these elements are typically referred to
as nonattainment SIP or attainment plan elements, which would be due by
the dates statutorily prescribed under subpart 2 through 5 under part
D, extending as far as 10 years following designations for some
elements.
    The second PSD requirement for PM2.5 is contained in
EPA's October 20, 2010 rule, ``Prevention of Significant Deterioration
(PSD) for Particulate Matter Less Than 2.5 Micrometers
(PM2.5)--Increments, Significant Impact Levels (SILs) and
Significant Monitoring Concentration (SMC)'' (75 FR 64864). EPA regards
adoption of the PM2.5 increments as a necessary requirement
when assessing a PSD program for the purposes of element (C).
    On May 10, 2011, the State submitted revisions to Chapter 6,
section 4 of the WAQSR that adopted all elements of the 2008
Implementation Rule and on May 24, 2012, the State submitted revisions
to Chapter 6, Section 4 of the WAQSR that adopted all elements of the
2010 Increment Rule. These submitted revisions make Wyoming's PSD
program up to date with respect to current requirements for
PM2.5. The May 10, 2011 submittal, which incorporated the
2008 Implementation Rule, was approved in a previous action (see 76 FR
44265). We propose to approve the necessary portions of Wyoming's May
24, 2012 submission to reflect the 2010 PM2.5 Increment
Rule; specifically 40 CFR part 166, paragraphs (b)(14)(i), (ii),
(b)(15)(i), and paragraph (c)(1). EPA is proposing to approve the
following revisions to Chapter 6, Section 4: 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 and Table 1 (1), Chapter 6, Section 4(b)(J)(v)(viii), and Section 14,
as submitted on May 24, 2012. We are not proposing to act on any other
portions of the May 24, 2012 submittal, including the adoption of
significant impact levels (SILs) and significant monitoring
concentrations (SMCs) for PM2.5.
    With these revisions, Wyoming's SIP-approved PSD program will meet
current requirements for PM2.5. As a result, EPA is
proposing to approve Wyoming's infrastructure SIP for the 1997 and 2006
PM2.5 NAAQS with respect to the requirement in section
110(a)(2)(C) to include a permit program in the SIP as required by part
C of the Act.

Minor NSR

    With regard to minor NSR, in this action EPA is proposing to
approve Wyoming's infrastructure SIP for the 1997 and 2006
PM2.5 NAAQS with respect to the general requirement in
section 110(a)(2)(C) to include a program in the SIP that regulates the
modification and construction of any stationary source as necessary to
assure that the NAAQS are achieved. Wyoming's approved minor NSR
program is found in Chapter 6, section 2 of the WAQSR. EPA previously
approved Wyoming's minor NSR program into the SIP (at that time as
Chapter 1, section 21), and has subsequently approved revisions to the
program, and at those times there were no objections to the provisions
of this program. (See, for example, 47 FR 5892, February 9, 1982.)
Since then, the State and EPA have relied on the State's existing minor
NSR program to assure that new and modified sources not captured by the
major NSR permitting programs do not interfere with attainment and
maintenance of the NAAQS. EPA is not proposing to approve or disapprove
the State's existing minor NSR program itself to the extent that it is
inconsistent with EPA's regulations governing this program. A number of
states may have minor NSR provisions that are contrary to the existing
EPA regulations for this program. EPA intends to work with states to
reconcile state minor NSR programs with EPA's regulatory provisions for
the program. The statutory requirements of section 110(a)(2)(C) provide
for considerable flexibility in designing minor NSR programs, and it
may be time to revisit the regulatory requirements for this program to
give the states an appropriate level of flexibility to design a program
that meets their particular air quality concerns, while assuring
reasonable consistency across the country in protecting the NAAQS with
respect to new and modified minor sources.

    4. Interstate Transport: Section 110(a)(2)(D)(i) is subdivided into
four ``prongs,'' two under 110(a)(2)(D)(i)(I) and two under
110(a)(2)(D)(i)(II). The two prongs under 110(a)(2)(D)(i)(I) require
SIPs to contain adequate provisions to prohibit emissions that (prong
1) contribute significantly to nonattainment in any other state with
respect to any such national primary or secondary NAAQS, and (prong 2)
interfere with maintenance by any other state with respect to the same
NAAQS. The two prongs under 110(a)(2)(D)(i)(II) require SIPs to contain
adequate provisions to prohibit emissions that interfere with measure
required to be included in the applicable implantation plan for any
other state under part C (prong 3) to prevent significant deterioration
of air quality or (prong 4) to protect visibility. As noted, we are not
proposing to act on Wyoming's submission to meet the requirements of
section 110(a)(2)(D)(i) for the 2006 PM2.5 NAAQS. On May 28,
2008 (73 FR 26019), we approved Wyoming's submission to meet the
requirements of section 110(a)(2)(D)(i) for the 1997 PM2.5
NAAQS.
    5. Interstate and International transport provisions: Section
110(a)(2)(D)(ii) requires that each SIP shall contain adequate
provisions insuring compliance with applicable requirements of sections
126 and 115 (relating to interstate and international pollution
abatement).
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements
cited regulatory requirements included in the WAQSR Chapter 6, Section
2, Permit requirements for construction modification and operation.
    b. EPA Analysis: Section 126(a) of the CAA requires notification to
affected, nearby states of major proposed new (or modified) sources.
Sections 126(b) and (c) pertain to petitions by affected states to the
Administrator regarding sources violating the ``interstate transport''
provisions of section 110(a)(2)(D)(i). Section 115 of the CAA similarly
pertains to international transport of air pollution.
    WAQSR Chapter 6, Section 2, specifically paragraph (m) meets the
requirements of CAA section 126(a) for the 1997 and 2006
PM2.5 NAAQS. Final approval of this language became
effective January 30, 1995 (59 FR 60902, Nov. 29, 1994). Final approval
of the renumbering of this language became effective August 27, 2004
(See 69 FR 44965, July 28, 2004).
    Wyoming has no pending obligations under sections 126(c) or 115(b);
therefore, its SIP currently meets the requirements of those sections.
The SIP therefore meets the requirements of 110(a)(2)(D)(ii) for the
1997 and 2006 PM2.5 NAAQS.
    6. Adequate resources and authority: Section 110(a)(2)(E)(i)
requires states to provide necessary assurances that the state will
have adequate personnel, funding, and authority under state law to
carry out the SIP (and is not prohibited by any provision of federal or
state law from carrying out the SIP or portion thereof). Section
110(a)(2)(E)(iii) requires states to ``provide necessary assurances
that, where the State has relied on a local or regional government,
agency, or instrumentality for the implementation of any [SIP]
provision, the State has responsibility for ensuring adequate
implementation of such [SIP] provision.''
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
two non-regulatory documents (e.g., Resources and Legal Authority),
approved by EPA on May 31, 1972 (37 FR 10842). The State's submissions
for 1997 and 2006 PM2.5 infrastructure requirements cite
regulatory requirements included in the WAQSR Chapter 1, Section 2,
Authority and the Wyoming Environmental Quality Act Articles 1 and 2
(Chapter 11, Title 35 of the Wyoming Statutes).
    b. EPA Analysis: The provisions in Articles 1 and 2 of the Wyoming
Environmental Quality Act (Chapter 11, Title 35 of the Wyoming
Statutes) give the State adequate authority to carry out the SIP. The
State receives sections 103 and 105 grant funds through its Performance
Partnership Grant along with required state matching funds to provide
funding necessary to carry out Wyoming's SIP requirements. The State
does not rely upon any other local or regional government, agency or
instrumentality for implementation of the SIP.
    7. State boards: Section 110(a)(2)(E)(ii) requires that the state
comply with the requirements respecting state boards under section 128.
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
two non-regulatory documents (e.g., Resources and Legal Authority),
approved by EPA on May 31, 1972 (37 FR 10842). The State's submissions
for 1997 and 2006 PM2.5 infrastructure requirements cite
regulatory requirements included in the WAQSR Chapter 1, Section 2,
Authority and the Wyoming Environmental Quality Act Articles 1 and 2
(Chapter 11, Title 35 of the Wyoming Statutes).
    b. EPA Analysis: Section 110(a)(2)(E)(ii) of the CAA requires that
the State comply with section 128 of the CAA. Section 128 was added in
the 1977 amendments to the CAA as the result of a conference agreement.
Titled ``State boards,'' it provides in relevant part:
    (a) Not later than the date one year after August 7, 1977, each
applicable implementation plan shall contain requirements that--
    (1) Any board or body which approves permits or enforcement orders
under [this Act] shall have at least a majority of members who
represent the public interest and do not derive any significant portion
of their income from persons subject to permits or enforcement orders
under [this Act], and,
    (2) Any potential conflicts of interest by members of such board or
body or the head of an executive agency with similar powers be
adequately disclosed.
    In 1978, EPA issued a guidance memorandum recommending ways states
could meet the requirements of section 128, including suggested
interpretations of certain key terms in section 128.\2\ In this notice,
we additionally discuss various relevant aspects of section 128. We
first note that, in the conference report on the 1977 amendments to the
CAA, the conference committee stated, ``It is the responsibility of
each state to determine the specific requirements to meet the general
requirements of [section 128].'' \3\ We find that this legislative
history indicates that Congress intended states to have some latitude
in the specifics of implementing section 128, so long as the
implementation is consistent with the plain text of the section. We
also note that Congress explicitly provided in section 128 that states
could elect to adopt more stringent requirements, as long as the
minimum requirements of section 128 are met. As a result, we note three
considerations for implementing section 128.
---------------------------------------------------------------------------

    \2\ Memorandum from David O. Bickart, Deputy General Counsel, to
Regional Air Directors, Guidance to States for Meeting Conflict of
Interest Requirements of Section 128 (Mar. 2, 1978).
    \3\ H.R. Rep. 95-564 (1977), reprinted in 3 Legislative History
of the Clean Air Act Amendments of 1977, 526-27 (1978).
---------------------------------------------------------------------------

    First, section 128 must be implemented through provisions that EPA
approves into the SIP and are made federally enforceable. Section 128
explicitly mandates that each SIP ``shall contain requirements'' that
satisfy subsections 128(a)(1) and 128(a)(2). A

mere narrative description of state statutes or rules, or of a state's
current or past practice in constituting a board or body and in
disclosing potential conflicts of interest, is not a requirement
contained in the SIP and does not satisfy the plain text of section
128.
    Second, subsection 128(a)(1) applies only to states that have a
board or body that is composed of multiple individuals and that, among
its duties, approves permits or enforcement orders under the CAA. It
does not apply in states that have no such multi-member board or body
that performs these functions, and where instead a single head of an
agency or other similar official approves permits or enforcement orders
under the CAA. This flows from the text of section 128, for two
reasons. First, as subsection 128(a)(1) refers to a majority of members
in the plural, we think it reasonable to read subsection 128(a)(1) as
not creating any requirements for an individual with sole authority for
approving permits or enforcement orders under the CAA. Second,
subsection 128(a)(2) explicitly applies to the head of an executive
agency with ``similar powers'' to a board or body that approves permits
or enforcement orders under the CAA, while subsection 128(a)(1) omits
any reference to heads of executive agencies. We infer that subsection
128(a)(1) should not apply to heads of executive agencies who approve
permits or enforcement orders.
    Third, subsection 128(a)(2) applies to all states, regardless of
whether the state has a multi-member board or body that approves
permits or enforcement orders under the CAA. Although the title of
section 128 is ``State boards,'' the language of subsection 128(a)(2)
explicitly applies where the head of an executive agency, rather than a
board or body, approves permits or enforcement orders. In instances
where the head of an executive agency delegates his or her power to
approve permits or enforcement orders, or where statutory authority to
approve permits or enforcement orders is nominally vested in another
state official, the requirement to adequately disclose potential
conflicts of interest still applies. In other words, EPA thinks that
SIPs for all states, regardless of whether a state board or body
approves permits or enforcement orders under the CAA, must contain
adequate provisions for disclosure of potential conflicts of interest
in order to meet the requirements of subsection 128(a)(2).
    Wyoming's Environmental Quality Act establishes the Environmental
Quality Council, a separate government body. See Wyoming Statutes 35-
11-111(a). The members of the Council are appointed by the Governor and
serve at the Governor's pleasure. Among the duties of the Council are
conducting hearings in any case contesting the administration or
enforcement of any law, rule, regulation, standard or order issued or
administered by DEQ or by any division of DEQ. Id. 35-11-111(a)(iii).
In particular, a person subject to a DEQ order may request a hearing
before the Council. Id. 35-11-702(c)(ii)-(iv). The Council must also
conduct hearings in any case contesting the grant, denial, suspension,
revocation or renewal of any permit authorized or required by the
Environmental Quality Act. Id. 35-11-111(a)(iv). Under Article 2, Air
Quality, and Article 8, Permits, of the Environmental Quality Act, any
applicant for an air permit may petition the Council for a hearing to
contest DEQ's decision on the permit. See id. 35-11-208, -802. Although
Article 2 does not explicitly provide for it, third parties may contest
DEQ's decision on an air permit under Wyoming Statutes section 35-11-
111(a)(iv), mentioned above. E.g,. In the Matter of: Medicine Bow Fuel
& Power, LLC, No. 09-2801, at 2-3 (Wyo. Envtl. Quality Council, Feb. 5,
2010).
    Given the duties and authorities of the Council, the Council
appears to be a ``board or body which approves permits or enforcement
orders'' under the CAA.\4\ However, Wyoming's approved SIP does not
contain any enforceable provisions to satisfy the requirements of
subsection 128(a)(1) as applied to the Council.\5\ In addition,
Wyoming's SIP does not contain any enforceable provisions to satisfy
the requirements of subsection 128(a)(2), which applies in all states.
As a result, Wyoming's SIP does not satisfy the requirements of
sections 128 and 110(a)(2)(E)(ii), and EPA proposes to disapprove
Wyoming's submissions for element (E)(ii) for the 1997 and 2006
PM2.5 NAAQS.
---------------------------------------------------------------------------

    \4\ See, for example, 78 FR 32613 (May 31, 2013), for a
discussion of the phrase ``board or body which approves permits or
enforcement orders.''
    \5\ Wyoming Statutes section 35-11-111(a) does require a member
of the Council that receives more than ten percent of the member's
income from any permit applicant to not act on a permit application
from that applicant. However, this provision is not in Wyoming's SIP
and does not address income from persons subject to enforcement
orders or persons who already hold (are ``subject to'') a permit.
Even if the provision were in Wyoming's SIP, EPA does not interpret
the requirement in section 128(a)(1) regarding significant income to
be satisfied solely by this sort of recusal provision. See 77 FR
66398 (Nov. 5, 2012).
---------------------------------------------------------------------------

    8. Stationary source monitoring system: Section 110(a)(2)(F)
requires:
    (i) the installation, maintenance, and replacement of equipment,
and the implementation of other necessary steps, by owners or operators
of stationary sources to monitor emissions from such sources,
    (ii) periodic reports on the nature and amounts of emissions and
emissions-related data from such sources, and
    (iii) correlation of such reports by the state agency with any
emission limitations or standards established pursuant to the Act,
which reports shall be available at reasonable times for public
inspection.
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
regulatory requirements included in the 1979 WAQSR Chapter 6, Section
2, Permit requirements for construction, modification, and operation,
and Chapter 7, Sections 2, and Section 23, Continuous monitoring
requirements for existing sources.
    b. EPA Analysis: In addition to the specific monitoring provisions
cited by Wyoming, the SIP provides for monitoring, recordkeeping, and
reporting requirements for sources subject to minor and major source
permitting. (See WAQSR Chapter 6, section 2.) Wyoming's SIP therefore
meets the requirements of section 110(a)(2)(F) for the 1997 and 2006
PM2.5 NAAQS.
    9. Emergency powers: Section 110(a)(2)(G) requires states to
provide for authority to address activities causing imminent and
substantial endangerment to public health, including contingency plans
to implement the emergency episode provisions in their SIPs.
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
three non-regulatory documents (e.g., Emergency Episode Plan, Emergency
Episode Contingency Plan, and a March 3, 2008 memorandum from Cynthia
Cody, [EPA Region 8, Air Quality Planning Unit Chief]). The State's
submissions for 1997 and 2006 PM2.5 infrastructure
requirements cite regulatory requirements included in the WAQSR Chapter
12, Section 2, Air pollution emergency episodes and the Wyoming
Environmental Quality Act, Article 1, Power of the director to issue
emergency orders, (Section 35-11-115 of the Wyoming Statues).
    b. EPA analysis: Section 35-11-115 of the Wyoming Statutes gives
the Director of the Wyoming Department of Environmental Quality (DEQ)
comparable emergency powers to those in section 303 of the Act. In our
2009 guidance for infrastructure requirements for the 2006
PM2.5 NAAQS, we

suggested that states that had monitored and recorded 24-hour
PM2.5 levels greater than 140.4 [mu]g/m\3\, using the most
recent three years of data, should develop emergency episode plans for
the areas with the monitored values. We also suggested that, if these
levels had not been exceeded, states could certify that they had
adequate general emergency authority to address PM2.5
episodes. In this rulemaking, we view these suggestions as still
appropriate in assessing Wyoming's SIP for this element. Wyoming has
not monitored any values above the 140.4 [micro]g/m\3\ level for
PM2.5 for the past three years. Since this level was not
exceeded in any area of the state and the State has demonstrated that
it has appropriate general emergency powers to address PM2.5
related episodes, the State is not required at this point to have a
specific contingency plan for PM2.5. The SIP therefore meets
the requirements of 110(a)(2)(G) for the 1997 and 2006 PM2.5
NAAQS.
    10. Future SIP revisions: Section 110(a)(2)(H) requires that SIPs
provide for revision of such plan:
    (i) from time to time as may be necessary to take account of
revisions of such national primary or secondary ambient air quality
standard or the availability of improved or more expeditious methods of
attaining such standard, and
    (ii), except as provided in paragraph (3)(C), whenever the
Administrator finds on the basis of information available to the
Administrator that the SIP is substantially inadequate to attain the
NAAQS which it implements or to otherwise comply with any additional
requirements under this [Act].
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
a non-regulatory document, Implementation Plan Reviews, approved by EPA
on April 19, 1983 (48 FR 16682).
    b. EPA analysis: The general provisions in Article 1 of the Wyoming
Environmental Quality Act (Article 1, Chapter 11, Title 35 of the
Wyoming Statutes) and the particular provision in Article 2 at section
35-11-202 of the Wyoming Statutes give the State sufficient authority
to revise the SIP as required by section 110(a)(2)(H).
    11. Consultation with government officials, public notification,
PSD and visibility protection: Section 110(a)(2)(J) requires that each
SIP ``meet the applicable requirements of section 121 of this title
(relating to consultation), section 127 of this title (relating to
public notification), and part C of this subchapter (relating to PSD of
air quality and visibility protection).''
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
one non-regulatory document relative to consultation with government
officials (e.g., Consultation, approved by EPA July 2, 1979 (44 FR
38473)), one regulatory document relative to public notification (e.g.,
Public Notification of Air Quality, approved by EPA July 2, 1979 (44 FR
38473)) and two non-regulatory documents relative to PSD and visibility
protection (Wyoming State Implementation Plan for Class I Visibility
Protection and a March 3, 2008 memorandum from Cynthia Cody, [EPA
Region 8, Air Quality Planning Unit Chief]). The State's submissions
for 1997 and 2006 PM2.5 infrastructure requirements cite
regulatory requirements relative to PSD and visibility protection
included in the WAQSR, Chapter 6, Prevention of significant
deterioration.
    b. EPA Analysis: The State has demonstrated that it has the
authority and rules in place to provide a process of consultation with
general purpose local governments, designated organizations of elected
officials of local governments and any Federal Land Manager having
authority over federal land to which the SIP applies, consistent with
the requirements of CAA section 121. Furthermore, EPA previously
approved portions of the Wyoming SIP meeting the requirements of CAA
section 127. (44 FR 38473, July 2, 1979.)
    Wyoming's SIP regulations for its PSD program were first federally-
approved and made part of the SIP on September 6, 1979 (4 FR 51977).
EPA has further evaluated the State's SIP-approved PSD program in
section V.3, element 110(a)(2)(C) of this proposed action. As explained
in that section, we propose to approve Wyoming's infrastructure SIPs
for the 1997 and 2006 PM2.5 NAAQS with respect to the
requirement in element (C) to have a permit program as required by Part
C of the Act, concurrently with our proposed approval of Wyoming's
submittals to adopt the PM2.5 increments and to regulate
GHGs under the PSD program. We correspondingly propose to approve the
infrastructure SIPs for the 1997 and 2006 PM2.5 NAAQS with
respect to the requirement in element (J) that the SIP meet the
applicable requirements of Part C with respect to PSD.
    Finally, with regard to the applicable requirements for visibility
protection, EPA recognizes that states are subject to visibility and
regional haze program requirements under part C of the act. In the
event of the establishment of a new NAAQS, however, the visibility and
regional haze program requirements under part C do not change. Thus we
find that there is no new visibility obligation ``triggered'' under
section 110(a)(2)(J) when a new NAAQS becomes effective.
    12. Air quality and modeling/data: Section 110(a)(2)(K) requires
that each SIP provide for: (i) the performance of such air quality
modeling as the Administrator may prescribe for the purpose of
predicting the effect on ambient air quality of any emissions of any
air pollutant for which the Administrator has established a NAAQS, and
(ii) the submission, upon request, of data related to such air quality
modeling to the Administrator.
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
regulatory requirements included in the WAQSR Chapter 6, Sections 2, 4,
21 and 24.
    b. EPA Analysis: Wyoming's SIP meets the requirements of CAA
section 110(a)(2)(K) for the 1997 and 2006 PM2.5 NAAQS. In
particular, Wyoming's PSD program requires that estimates of ambient
air concentrations be based on applicable air quality models specified
in Appendix W of 40 CFR part 51, and that modification or substitution
of a model specified in Appendix W must be approved by the
Administrator. (See WAQSR Chapter 6, section 4(b)(iv).) As a result,
the SIP provides for such air quality modeling as the Administrator has
prescribed.
    13. Permitting fees: Section 110(a)(2)(L) requires SIPs to: require
the owner or operator of each major stationary source to pay to the
permitting authority, as a condition of any permit required under this
act, a fee sufficient to cover (i) the reasonable costs of reviewing
and acting upon any application for such a permit, and (ii) if the
owner or operator receives a permit for such source, the reasonable
costs of implementing and enforcing the terms and conditions of any
such permit (not including any court costs or other costs associated
with any enforcement action), until such fee requirement is superseded
with respect to such sources by the Administrator's approval of a fee
program under [title] V.
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
regulatory requirements included in the WAQSR Chapter 6, Permit
requirements

for construction, modification, and operation.
    b. EPA Analysis: Final approval of Wyoming's title V operating
permit program became effective April 23, 1999 (64 FR 8523, Feb. 22,
1990). Interim approval of the program became effective February 21,
1995 (60 FR 4563, January 19, 1995). As discussed in a previous direct
final rule (which received comments) for interim approval of the title
V program (59 FR 48802, September 23, 1994), the State demonstrated
that the fees collected were sufficient to administer the program. In
addition, WAQSR chapter 6, section 2, paragraph (o) requires applicants
for construction permits to pay the costs for DEQ to review and act on
the permit applications. Wyoming's submission meets the requirements of
section 110(a)(2)(L) for the 1997 and 2006 PM2.5 NAAQS.
    14. Consultation/participation by affected local entities: Section
110(a)(2)(M) requires states to provide for consultation and
participation in SIP development by local political subdivisions
affected by the SIP.
    a. Wyoming's response to this requirement: The State's submissions
for the 1997 and 2006 PM2.5 infrastructure requirements cite
a non-regulatory document (e.g., Intergovernmental Cooperation),
approved by EPA on May 3, 1972 (37 FR 10842).
    b. EPA Analysis: Wyoming's submittal meets the requirements of CAA
Section 110(a)(2)(M) for the 1997 and 2006 PM2.5 NAAQS.

VI. What action is EPA proposing?

    In this action, EPA is proposing to approve the following
infrastructure elements for the 1997 and 2006 PM2.5 NAAQS:
(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). EPA is also
proposing to approve revisions to 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 and Table 1 (1), Chapter 6, Section 4
(b)(J)(v)(viii), and Section 14. EPA proposes to disapprove the section
110(a)(2)(E)(ii) infrastructure element, related to CAA 128, state
boards, for the 1997 and 2006 PM2.5 NAAQS. Finally, in this
action, EPA is taking no action on infrastructure elements (D)(i) for
the 2006 PM2.5 NAAQS.

VII. Statutory and Executive Order Reviews

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

List of Subjects in 40 CFR Part 52

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

    Dated August 28, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2013-21613 Filed 9-5-13; 8:45 am]
BILLING CODE 6560-50-P


                    POSITION TASK BOOK FOR THE POSITION OF

ALL-HAZARDS
SAFETY OFFICER

	Version: April 2011

                        Position Task Book Assigned To:

Individual's Name:
Duty Station:
Phone Number:

                       Position Task Book Initiated By:

Official's Name:
Title:
Duty Station:
Phone Number:

Location Position Task Book was Initiated: ____________________

Date Position Task Book was Initiated: _____________________

                                   EVALUATOR

DO NOT COMPLETE THIS UNLESS YOU ARE RECOMMENDING THE TRAINEE FOR CERTIFICATION

VERIFICATION/CERTIFICATION OF COMPLETED POSITION TASK BOOK FOR THE POSITION OF:

                       FINAL EVALUATOR'S VERIFICATION

I verify all tasks have been performed and are documented with appropriate initials.
I also verify_________________________________________________________
has performed as a trainee and should therefore be considered for certification in this
position.

FINAL EVALUATOR'S SIGNATURE: ____________________________________

DATE: ____________________

Evaluator's Printed Name:
Title:
Duty Station:
Phone Number:

                 AGENCY HEAD RECOMMENDATION FOR CERTIFICATION

I certify ____________________________________________________________
has met all requirements for qualification in this position and I recommend he/she be
certified for the position.

OFFICIAL'S SIGNATURE: _____________________________________

DATE: ______________________________

Official's Name:
Title:
Duty Station:
Phone Number:

                  NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)
                         INCIDENT COMMAND SYSTEM (ICS)
                          POSITION TASK BOOKS (PTBs)

Position Task Books (PTBs) are designed to be used by any individual (trainee) interested in becoming certified under the National Incident Management System (NIMS). The PTBs are intended to be used to document experiences that indicate successful completion of tasks specific to an Incident Command System (ICS) position. The performance requirements for each position are associated with core ICS competencies, behaviors, and tasks as suggested to the Federal Emergency Management Agency (FEMA) by a multi-disciplined, highly-experienced expert panel.

Trainees are evaluated during this process by qualified evaluators, and the trainee's performance is documented in the PTB for each task by the evaluator's initials and date of completion. An Evaluation Record will be completed by all evaluators documenting the trainee's progress after each evaluation opportunity.

Successful performance of all tasks, as observed and recorded by an evaluator, will result in a recommendation to the Authority Having Jurisdiction (AHJ) of the trainee, that the trainee be certified in that position. Evaluation and confirmation of the trainee's performance while completing all tasks will normally require more than one training assignment and several different evaluators. Incidents lasting several days may involve multiple evaluators. Tasks may be evaluated on incidents, in a classroom simulation, in training and exercises, and in other work situations as long as there is a qualified evaluator.

It is important performances be critically evaluated and accurately recorded by each evaluator.  All tasks should be evaluated.

The NIMS Qualification Process Guide lists the definitions for trainee, evaluator, training officer, and AHJ.

Responsibilities:

1. Authority Having Jurisdiction (AHJ):
   * Selecting trainees based on the needs of their organization or to fulfill their obligations to contribute to Incident Management Teams (IMTs) or other Mutual Aid agreements
   * Providing opportunities for evaluation and/or making the trainee available for evaluation

2. Trainee:
   * Reviewing and understanding instructions in the PTB
   * Identifying desired objectives/goals whenever an opportunity for evaluation is recognized
   * Providing background information to an evaluator
   * Assuring the evaluation record is complete
   * Completing all tasks for an assigned position within the timeframe allowed for that position (all tasks with an approval older than the allowed timeframe should be reevaluated)
   * Notifying the local AHJ/training officer when the PTB is completed, and obtaining a signature recommending certification
   * Retaining the original PTB and providing a copy of the PTB to the appropriate individual/department to obtain a qualification from your agency

3. Evaluator(s):
   * Being qualified and proficient in the evaluated position
   * Meeting with the trainee and determining past experience, current qualifications, and desired objectives/goals
   * Reviewing tasks with the trainee
   * Explaining to the trainee the evaluation procedures that will be utilized and which tasks may be performed during the evaluation period
   * Accurately evaluating and recording demonstrated performance of tasks
   * Dating and initialing completion of the task to indicate satisfactory performance
   * Documenting unsatisfactory performance
   * Completing the Evaluation Form found at the end of each PTB
   * Completing an Incident Personnel Performance Rating (ICS 225) form

   *    Final Evaluator:
   * Being qualified and proficient in the position being evaluated
   * Reviewing the trainee's record to ensure completeness
   * Signing the verification statement on page 2 of the PTB when all tasks have been initialed
   * Ensuring all tasks have been completed within the three years prior to submission for final approval
   * Reevaluating any task with an approval older than three years and bringing up to date

4. Training Officer:
   * Providing the correct version of the PTB to the individual in order to document performance
   * Explaining to the trainee the purpose and processes of the PTB as well as the trainee's responsibilities
   * Tracking progress of the trainee
   * Identifying incidents or situations where the trainee may have evaluation opportunities
   * Identifying and assigning an evaluator who can provide a positive experience for the trainee, when the evaluation opportunity is within the AHJ's jurisdiction
   * Receiving and filing documentation from the assignment

6. AHJ Designee
   * Issuing the PTB to document task performance
   * Explaining to the trainee the purpose and processes of the PTB as well as the trainee's responsibilities
   * Tracking progress of the trainee
   * Identifying incident evaluation opportunities
   * Identifying and assigning an evaluator who can provide a positive experience for the trainee and make an accurate and honest appraisal of the trainee's performance
   * Documenting the assignment
   * Conducting progress reviews
   * Conducting a closeout interview with the trainee and evaluator and assuring documentation is proper and complete

Competencies, Behaviors and Tasks:

Each PTB lists the performance requirements (tasks) for specific positions set by the ICS competencies and behaviors (September 2007) recognized by FEMA's National Integration Center and posted to the NIMS Resource Center Web site, http://www.fema.gov/emergency/nims/.

There are numerous bullet statements listed under each task. The bullet statements are listed as guidelines/examples for the evaluator to follow to ensure the intent of the task has been completed. Not all bullet statements for a task are required to be completed if the overall intent of the task has been satisfied.

Each task has a code associated with the type of training assignment where the task may be completed. These include: O = other, I = incident/event and R = rare event. Definitions for these codes may be found below*. While tasks can be performed in any situation, they should be evaluated on the specific type of incident/event for which they are coded. Tasks coded "I" should be evaluated on an incident/event, and so on. Performance of any task other than the designated assignment is not valid for qualification.

*Code:
    O 	= Task can be completed in a variety of situations, such as in a classroom, exercise or simulation, incident or event, or daily job.
    I	=	Task should be performed on an incident or event which is managed under the ICS.
    R	=	Rare events seldom occur and opportunities to evaluate trainee performance in real settings are limited. Examples of rare events include accidents, injuries, vehicle and aircraft crashes. Through interviews, the evaluator may be able to determine if the trainee could perform the task in a real situation.

Competency: Assume position responsibilities
Description: Successfully assume role of Safety Officer and initiate position activities at the appropriate time according to the following behaviors.

Behavior: Ensure readiness for assignment.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   1. Obtain and assemble information and materials needed for kit. Kit assembled and prepared prior to receiving an assignment. Kit contains critical items needed for the assignment. Kit is easily transportable. The basic information and materials needed may include, but are not limited to, any of the following:

Reference Material
      * Reference materials appropriate to the incident kind (e.g. Hazmat, law enforcement, fire, Public Works, Public Health, etc.)
      * Emergency Response Field Operations Guide (ERFOG)
      * Agency health and safety code handbook

Forms
      * ICS 208, Safety Message/Plan
      * ICS 213, General Message
      * ICS 214, Activity Log
      * ICS 215A, IAP Safety Analysis
      * ICS 221, Demobilization Checkout
      * Injury and accident forms

Supplies
      * Safety Officer's identity strip
      * 100-ft tape
      * Flagging (several colors)
      * Clipboard
      * Writing tablet
      * Graph paper/carbon paper
      * Flashlight and batteries
      * Pencils and assortment of markers
      * Pocket notebook
      * Digital camera or camera and several rolls of ASA 400-rated film (color print, slide, no Polaroid)
      * Hand-held tape recorder and extra batteries
      * Compass
      * Alarm clock
      * Thermometer and wind gauge/belt weather kit or access to local weather information
      * Personal protective equipment (PPE)
      * Whistle
      * Chalk
      * Binoculars
                                       O

   2. Arrive properly equipped at incident assigned location within acceptable time limits. Check in according to agency/organization guidelines.
                                       I

Behavior: Ensure availability, qualifications, and capabilities of resources to complete assignment.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   3. Ensure sufficient Assistant Safety Officers (ASOs) to complete necessary tasks.
      * Identify need for ASOs
      * Order ASOs
      * Assign ASOs
      * Supervise ASOs
      * Ensure appropriate knowledge and skills for potential risk
                                       I

Behavior: Gather, update, and apply situational information relevant to the assignment.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   4. Gather information necessary to assess incident assignment and determine immediate needs and actions.
      * Incident Commander's (ICs) name and agency/organization contact information
      * Make contact
      * Current resource commitments
      * Current and anticipated situation
      * Expected duration of assignment
                                       I

Behavior: Establish effective relationships with relevant personnel.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   5. Establish and maintain positive interpersonal and interagency working relationships.
                                       I

   6. Create a work environment that provides diversity and equal opportunity for all personnel assigned to the incident.
                                       I

   7. Recognize functional capabilities of cooperating entities.
                                       I

   8. Proactively work with necessary personnel to collect information and further the investigation process.
                                       I

Behavior: Understand and comply with ICS concepts and principles.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   9. Maintain appropriate span of control.
                                       I

   10. Demonstrate knowledge of ICS structure, principles, positions, and ICS forms.
                                       I

   11. Act as agent of the IC.
                                       I

Competency: Lead assigned personnel

Description: Influence, guide, and direct assigned personnel to accomplish objectives and desired outcomes in a rapidly changing, high-risk environment.

Behavior: Model leadership values and principles.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   12. Exhibit principles of duty.
      * Be proficient in the job, both technically and as a leader.
      * Make sound and timely decisions.
      * Ensure tasks are understood, supervised, and accomplished.
      * Train and mentor assigned subordinates.
                                       I

   13. Exhibit principles of respect.
      * Know subordinates and look out for their well-being.
      * Keep subordinates informed.
      * Build the team.
      * Assign subordinates in accordance with their capabilities.
                                       I

   14. Exhibit principles of integrity.
      * Know yourself and seek improvement.
      * Seek responsibility and accept responsibility for actions.
      * Set the example.
                                       I

Behavior: Ensure the safety, welfare, and accountability of assigned personnel.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   15. Recognize potentially hazardous situations.
                                       I

   16. Inform subordinates of hazards or threats.
                                       I

   17. Ensure special precautions are taken when extraordinary hazards or threats exist.
                                       I

   18. Ensure adequate rest is provided to all unit personnel.
                                       I

Behavior: Establish work assignments and performance expectations, monitor performance, and provide feedback.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   19. Brief and keep subordinates informed and updated.
                                       I

   20. Assign Safety assistants to monitor potentially high-hazard areas or operations considered to be high risk.
                                       I

   21. Initiate accident investigation team for those accidents occurring within the incident area.
                                       I

   22. Provide counseling and discipline as needed.
                                       I

   23. Ensure performance ratings are completed as required by the IC/Agency Administrator.
                                       I

   24. Ensure Assistant Safety Officers (ASOs) understand their roles and responsibilities for carrying out the health and safety mission during the incident.
                                       I

   25. Ensure incident management team members are aware of the health and safety-related aspects of their jobs and undertake their job responsibilities in a safe manner based on expected duration, size, type of incident, priorities, and values to be protected (e.g. life, property, infrastructure environment, etc.), and jurisdictional involvement.
                                       I

Behavior: Coordinate interdependent activities.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   26. Interact and coordinate with all command and general staff.
      * Receive and transmit current and accurate information.
      * Work directly with Medical Unit Leader on ICS 206 (Medical Plan).
                                       I

Competency: Communicate effectively

Description: Use suitable communication techniques to share relevant information with appropriate personnel on a timely basis to accomplish objectives in a potentially rapidly changing environment.

Behavior: Ensure relevant information is exchanged during briefings and debriefings.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   27. Discuss the ICS 215A (Incident Action Plan [IAP] Safety Analysis) at operational briefings as appropriate.
                                       I

   28. Prepare and present health and safety briefing.
      * Present a health and safety briefing at each briefing session.
      * Briefing should contain information to alert incident personnel of potential risk/hazard or threat considered to be most critical.
      * Answer any questions that may arise.
                                       I

   29. Conduct debriefing with off-duty personnel.
                                       I

   30. Debrief with incident Field Observers.
      * Meet with the incident Field Observer(s) to obtain information on potential high-hazard areas or operations considered to be of high risk.
      * Use this information in preparation of health and safety messages and for discussions at briefings.
      * Safety assistants will be assigned to monitor these areas or operations.
                                       I

   31. Participate in agency/organization debriefing or closeout as appropriate.
      * As directed by the IC, provide a debriefing to the Agency Administrator regarding incident safety history, including accidents, hazards, threats, corrective actions, and commendations.
                                       I

Behavior: Ensure documentation is complete and disposition is appropriate.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   32. Complete ICS 214 (Activity Log) for each operational period.
      * Document incidents of a serious nature in the ICS 214 (Activity Log).
                                       I

   33. Ensure accident investigation report(s) is/are complete and provided to IC and local agency/organization.
                                       I

   34. If required, ICS 221 (Demobilization Checkout) is completed and turned in to the appropriate person.
                                       I

   35. Complete ICS 215A (IAP Safety Analysis) for each operational period.
                                       I

   36. Ensure copies of ICS 215A (IAP Safety Analysis) are included in documentation package.
                                       I

Behavior: Gather, produce, and distribute information as required by established guidelines and ensure understanding by recipient.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   37. Prepare health and safety messages for the incident.
                                       I

   38. Post health and safety information on incident bulletin board if appropriate.
                                       I

   39. Prepare narrative or special reports.
      * When requested by the incident agency and/or IC, prepare narrative report of incident.
      * Include the following items: number of injuries and accidents, general health and safety situation and problems encountered, description of significant incidents or unsafe situations, and recommendations for corrective action.
                                       I

   40. Distribute accident investigation reports and initiate follow-up action.
      * Follow up to ensure all accident investigation reports are completed, and include all required information.
      * Distribute copies of the report to the IC and finance position assigned as appropriate.
      * Recommend need for corrective action based on findings of the report to the IC. Initiate immediate corrective action, if necessary.
      * Distribute information concerning accidents to IC.
                                       I

   41. Communicate to incident personnel any change in weather conditions during the operational period not predictable and could cause high risk conditions.
                                       I

Behavior: Develop and implement plans and gain concurrence of affected agencies and/or the public.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   42. Develop or implement a health and safety action plan.
      * Ensure hazards, threats, and risks are identified and adequately monitored for the duration of the incident.
      * Share action plan with the IC and incident staff and revise as necessary.
      * Ensure any changes in incident hazards, threats, and risks with relevant corrective actions are reflected in the safety action plan, health and safety messages, and/or safety briefings as appropriate.
      * Coordinate elements of the health and safety action plan to the IAP.
                                       I

Competency: Ensure completion of assigned actions to meet identified objectives

Description: Identify, analyze, and apply relevant situational information and evaluate actions to complete assignments safely and meet identified objectives. Complete actions within established timeframe.

Behavior: Gather, analyze, and validate information pertinent to the incident or event and make recommendations for setting priorities.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   43. Monitor food and sanitation conditions as needed.
                                       I

   44. Inspect potable water supplies as needed.
      * Inspect potable water sources, hauling and storage containers.
      * Document any deficiencies identified and take corrective action.
                                       I

   45. Monitor incident PPE needs.
                                       I

   46. Inspect incident facilities as appropriate.
      * Conduct a general inspection of the base and camp facilities soon after they become operational and follow up on a periodic basis throughout the incident for compliance to all health and safety standards.
      * Identify and document all unsafe conditions and provide this information to the IC or the Base/Camp Manager.
                                       I

   47. Review and approve medical plan as appropriate.
      * Monitor plan to ensure it addresses current status of incident.
                                       I

   48. Ensure roads are inspected within the incident area as needed.
      * Ensure an inspection has been done on all roads that will be used for the transportation of personnel and equipment.
      * All roads should be of adequate width, grade, and maintenance condition to allow safe use by the vehicles being utilized on the incident.
      * Any roads identified as unsafe for vehicle travel will be closed and monitored for unauthorized use.
                                       I

   49. Monitor operational period length.
      * Identify personnel exceeding the work standards established by the agency/organization responsible for the incident.
      * Recommend corrective action to IC.
      * Ensure work/rest guidelines are followed.
                                       I

   50. Monitor incident personnel for general welfare.
      * Monitor personnel to determine if their needs are being met as related to food, water and rest.
      * Personnel identified as being high risk due to extreme fatigue or poor physical condition will be evaluated and discussed with IC, and agency/organization representative for final resolution to problem.
                                       I

   51. Monitor responders for PPE use.
      * Visually check responders preparing for duty to see they are wearing or have all required PPE and other personal gear.
      * Responders who lack the PPE will be supplied such equipment prior to going into service.
                                       I

Behavior: Prepare clear and concise assessments regarding hazards, hazard behavior, weather, and other relevant events.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   52. Develop ICS 215A (Incident Safety Analysis, planning matrix).
      * Complete ICS 215A (IAP Safety Analysis) for each operational period.
      * Discuss ICS 215A (IAP Safety Analysis) at operational briefings as appropriate.
                                       I

   53. Conduct initial and ongoing assessments to gather information and determine incident health and safety needs.
                                       I

Behavior: Take appropriate action based on assessed risks.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   54. Remove and identify tools and power equipment determined to be unsafe for use.
                                       I

   55. Relieve immediately vehicles/operators who have exceeded operational period standards.
                                       I

   56. Close any roads identified as unsafe for vehicle travel and monitor for unauthorized use.
                                       I

   57. Supply PPE to responders who lack PPE prior to them going into service.
                                       I

   58. Initiate accident investigations within the incident area.
      * Initiate accident investigation team for those accidents that occur within the incident area.
      * Assure information, materials, and the scene etc. are preserved to support a complete and thorough investigation of the accident.
      * Ensure accident investigation report is completed and provided to IC and local agency/organization.
      * The investigation should not interfere with the primary duties of the Safety Officer.
                                       I

Behavior: Modify approach based on evaluation of incident situation.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   59. Recognize limits of knowledge and seek advice or help on health and safety management as appropriate.
                                       I

Behavior: Anticipate, recognize, and mitigate unsafe situations.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   60. Identify potentially unsafe situations.
      * Monitor all incident activities to identify any potentially unsafe situations.
      * Take appropriate action by contacting the responsible supervisor for corrective action.
      * If necessary, take direct action.
      * Report to IC and General Staff any action affecting the IAP.
                                       I

   61. Identify those risks or hazards/threats with the highest potential for serious accident or injury.
      * Identify those types of operations on an incident of this type that most frequently lead to serious injuries or fatalities.
      * Discuss with IC.
      * Identify actions needed to prevent an accident from taking place.
                                       I

   62. Exercise emergency authority to stop and prevent unsafe acts.
      * Use direct intervention to correct any extremely dangerous act, which is being performed outside of agency/organization regulations, policies, standards, and guidelines.
      * Discuss with IC and document action in ICS 214 (Activity Log).
                                       I

Behavior: Utilize information to produce outputs.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   63. Report unexpected occurrences.
      * Obtain information about special hazards or threats from:
            o Subordinates
            o Personal observation
            o Other incident personnel
            o Off incident personnel
      * Standard information shall contain nature of event, location, magnitude, personnel involved (do not release names of victims or agency/organization over radio), initial action taken (e.g., helicopter picking up injured), and appropriate subsequent action.
                                       I

   64. Perform assigned job duties in accordance with established health and safety procedures.
                                       I

Behavior: Ensure compliance with all legal and safety requirements relevant to air operations.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   65. Monitor all air operations activities if needed.
      * Review compliance with agency/organization flight duty limitations.
      * Monitor to ensure air safety requirements are being implemented and followed.
      * Document all identified serious hazards, threats or unsafe conditions.
      * Corrective action will be implemented through the IC.
                                       I

   66. Review aircraft incidents/accident reports.
      * Review on a daily basis all aircraft incident/accident reports.
      * Monitor to ensure recommended corrective action is implemented.
                                       I

Behavior: Ensure functionality of equipment.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   67. Ensure inspection of tools and power equipment for unsafe conditions.
      * Review on a periodic basis the condition of hand tools being received on the incident and those being reconditioned to determine they are safe for use.
      * Identify and remove tools and power equipment determined to be unsafe for use.
                                       I

   68. Ensure inspection of vehicles, mechanical equipment and driver/operator qualifications are completed.
      * A periodic inspection of vehicles conducted to ensure they meet all mechanical and maintenance standards.
      * Ensure drivers/operators are properly trained and have a valid license to operate the vehicle/equipment assigned.
      * Document deficiencies.
                                       I

Behavior: Plan for demobilization and ensure demobilization procedures are followed.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   69. Receive demobilization instructions from supervisor.
      * Brief subordinate staff on demobilization procedures and responsibilities as appropriate.
      * Ensure incident and agency/organization demobilization procedures are followed.
      * If required, ICS 221 (Demobilization Checkout) is completed and turned in to the appropriate person.
      * Ensure copies of ICS 215A (IAP Safety Analysis) are included in documentation package.
                                       I

Behavior: Transfer position duties while ensuring continuity of authority and knowledge and taking into account the increasing or decreasing incident complexity.

                                     TASK
                                     CODE
                              EVALUATION RECORD #
                                   EVALUATOR
   70. Determine with replacement time of transfer.

                                       I

   71. Communicate transfer of command to operations and command staff.
                                       I

   72. If necessary, coordinate with agencies about transfer of command back to local jurisdiction.
                                       I

               INSTRUCTIONS FOR COMPLETING THE EVALUATION RECORD

There are four separate blocks allowing evaluations to be made. These evaluations may be made on incidents, simulations in classroom, or in daily duties, depending on what the PTB indicates.  This should be sufficient for qualification in the position if the individual is adequately prepared. If additional blocks are needed, a page can be copied from a blank task book and attached.

COMPLETE THESE ITEMS AT THE START OF THE EVALUATION PERIOD:
Evaluator's Name, Incident/Office Title and Agency:  List the name of the evaluator, his/her incident position or office title, and agency.
Evaluator's Home Unit Address and Phone:  Self-explanatory
Incident Number:  The number next to the evaluator's name in the upper left corner of the evaluation record identifies a particular incident or group of incidents. This number should be placed in the column labeled "Evaluation Record #" on the PTB for each task performed satisfactorily. This number enables reviewers of the completed PTB to ascertain the qualifications of the different evaluators prior to making the appropriate sign-off on the PTB.
Location of Incident/Simulation:  Identify the location where the tasks were performed by agency and office.
Incident Kind:  Enter kind of incident (e.g. hazmat, law enforcement, wildland fire, structural fire, search and rescue, flood, tornado, etc.).

COMPLETE THESE ITEMS AT THE END OF THE EVALUATION PERIOD:
Number and Type of Resources:  Enter the number and type of resources assigned to the incident pertinent to the trainee's position.
Duration:  Enter inclusive dates during which the trainee was evaluated. This block may indicate a span of time covering several small and similar incidents if the trainee has been evaluated on that basis (e.g., several initial response wildfires in similar fuel types).
Recommendation:  Check as appropriate and/or make comments regarding the future needs for development of this trainee.
Date:  List the date the record is being completed.
Evaluator's Initials:  Initial here to authenticate recommendations and to allow for comparison with initials in the PTB.
Evaluator's Relevant Certification:  List your certification relevant to the trainee position you supervised.
                               Evaluation Record

--------------------------------------------------------------------------------

                                 TRAINEE NAME
--------------------------------------------------------------------------------

                               TRAINEE POSITION

#1
Evaluator's name:
Incident/office title & agency:
Evaluator's home unit address & phone:
        Name and Location
of Incident or
Situation
(agency & area)
Incident Kind
(hazmat, law enforcement, tornado, flood, structural fire, wildfire, search & rescue, etc.)
       Number & Type of
Resources
Pertinent to
Trainee's Position
                 Duration
(inclusive dates
in trainee status)

The tasks initialed and dated by me have been performed under my supervision in a satisfactory manner by the above named trainee. I recommend the following for further development of this trainee.
______	The individual has successfully performed all tasks for the position and should be considered for certification.
______	The individual was not able to complete certain tasks (comments below) or additional guidance is required.
______	Not all tasks were evaluated on this assignment and an additional assignment is needed to complete the evaluation.
______	The individual is severely deficient in the performance of tasks for the position and needs further training in both required knowledge and skills prior to additional assignment(s) as a trainee.

Recommendations: ______________________________________________________________________________________

_______________________________________________________________________________________________________

Date: ____________________________ Evaluator's initials: ________________________

Evaluator's relevant agency certification or rating:___________________________________________________________

#2
Evaluator's name:
Incident/office title & agency:
Evaluator's home unit address & phone:
        Name and Location
of Incident or
Situation
(agency & area)
Incident Kind
(hazmat, law enforcement, tornado, flood, structural fire, wildfire, search & rescue, etc.)
       Number & Type of
Resources
Pertinent to
Trainee's Position
                 Duration
(inclusive dates
in trainee status)

The tasks initialed and dated by me have been performed under my supervision in a satisfactory manner by the above named trainee. I recommend the following for further development of this trainee.
______	The individual has successfully performed all tasks for the position and should be considered for certification.
______	The individual was not able to complete certain tasks (comments below) or additional guidance is required.
______	Not all tasks were evaluated on this assignment and an additional assignment is needed to complete the evaluation.
______	The individual is severely deficient in the performance of tasks for the position and needs further training in both required knowledge and skills prior to additional assignment(s) as a trainee.

Recommendations: ______________________________________________________________________________________

_______________________________________________________________________________________________________

Date: ____________________________ Evaluator's initials: ________________________

Evaluator's relevant agency certification or rating:_____________________________________________________
                               Evaluation Record
                             (Continuation Sheet)

--------------------------------------------------------------------------------

                                 TRAINEE NAME
--------------------------------------------------------------------------------

                               TRAINEE POSITION

#3
Evaluator's name:
Incident/office title & agency:
Evaluator's home unit address & phone:
        Name and Location
of Incident or
Situation
(agency & area)
Incident Kind
(hazmat, law enforcement, tornado, flood, structural fire, wildfire, search & rescue, etc.)
       Number & Type of
Resources
Pertinent to
Trainee's Position
                 Duration
(inclusive dates
in trainee status)

The tasks initialed and dated by me have been performed under my supervision in a satisfactory manner by the above named trainee. I recommend the following for further development of this trainee.
______	The individual has successfully performed all tasks for the position and should be considered for certification.
______	The individual was not able to complete certain tasks (comments below) or additional guidance is required.
______	Not all tasks were evaluated on this assignment and an additional assignment is needed to complete the evaluation.
______	The individual is severely deficient in the performance of tasks for the position and needs further training in both required knowledge and skills prior to additional assignment(s) as a trainee.

Recommendations: ______________________________________________________________________________________

_______________________________________________________________________________________________________

Date: ____________________________ Evaluator's initials: ________________________

Evaluator's relevant agency certification or rating:_____________________________________________________

#4
Evaluator's name:
Incident/office title & agency:
Evaluator's home unit address & phone:
        Name and Location
of Incident or situation
(agency & area)
Incident Kind
(hazmat, law enforcement, tornado, flood, structural fire, wildfire, search & rescue, etc.)
       Number & Type of
Resources
Pertinent to
Trainee's Position
                 Duration
(inclusive dates
in trainee status)

The tasks initialed and dated by me have been performed under my supervision in a satisfactory manner by the above named trainee. I recommend the following for further development of this trainee.
______	The individual has successfully performed all tasks for the position and should be considered for certification.
______	The individual was not able to complete certain tasks (comments below) or additional guidance is required.
______	Not all tasks were evaluated on this assignment and an additional assignment is needed to complete the evaluation.
______	The individual is severely deficient in the performance of tasks for the position and needs further training in both required knowledge and skills prior to additional assignment(s) as a trainee.

Recommendations: ______________________________________________________________________________________

_______________________________________________________________________________________________________

Date: ____________________________ Evaluator's initials: ________________________

Evaluator's relevant agency certification or rating:_____________________________________________________