Notice of Availability of the BLM Draft Presumed To Conform List of Actions Under General Conformity-Upper Green River Basin, Wyoming, 96033-96043 [2016-31631]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96033-96043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31631]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLWY930000.L10100000.PH0000]


Notice of Availability of the BLM Draft Presumed To Conform List 
of Actions Under General Conformity--Upper Green River Basin, Wyoming

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: In accordance with the Clean Air Act, Clean Air Act Amendments 
of 1990, and U.S. Environmental Protection Agency's (EPA) regulations, 
the Bureau of Land Management (BLM) has developed a Draft Presumed to 
Conform List of Actions under General Conformity for the Upper Green 
River Basin (UGRB) ozone nonattainment area and by this notice is 
announcing the opening of the comment period.

DATES: To ensure comments will be considered, the BLM must receive 
comments on the Draft Presumed to Conform List on or before February 
13, 2017. The BLM will announce future meetings or hearings and any 
other public involvement activities at least 15 days in advance through 
media releases.

ADDRESSES: Comments may be submitted by any of the following methods:

[[Page 96034]]

     Web site: https://bit.ly/WYPtCList.
     Email: BLM_WY_PTCList_comments@blm.gov.
    Copies of the Draft Presumed to Conform List are available at the 
BLM Wyoming State Office, 5353 Yellowstone Road, Cheyenne, WY 82009 and 
online at the above Web site.

FOR FURTHER INFORMATION CONTACT: Charis Tuers, Air Resource Specialist; 
Telephone: 307-775-6099; address: BLM Wyoming State Office, 5353 
Yellowstone Road, Cheyenne, WY 82009, or P.O. Box 1828, Cheyenne, WY 
82003; or email: BLM_WY_PTCList_comments@blm.gov. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal Relay 
Service at 1-800-877-8339 to contact the above individual during normal 
business hours. The Service is available 24 hours a day, seven days a 
week, to leave a message or question with the above individual. You 
will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The Clean Air Act section 176(c), 42 U.S.C. 
7506(c) and Clean Air Act Amendments of 1990 \1\ require that all 
Federal actions conform to an applicable State Implementation Plan 
(SIP) for the criteria pollutants and precursors identified in 40 CFR 
93.153(b)(1) and (b)(2) and in the National Ambient Air Quality 
Standards (NAAQS) under 40 CFR 50.4-50.12.\2\ The criteria pollutants 
for which there are established NAAQS include: ozone (O3), 
carbon monoxide (CO), nitrogen dioxide (NO2), lead (Pb), 
sulfur dioxide (SO2),\3\ particulate matter consisting of 
particles with a diameter less than or equal to 2.5 micrometers 
(PM2.5), and particulate matter consisting of particles with 
a diameter greater than 2.5 but less than or equal to 10 micrometers 
(PM10).\4\ A SIP is the written plan submitted to the EPA 
detailing a state's strategy to control air emissions to meet and 
maintain the NAAQS for these pollutants, and thus to comply with the 
Clean Air Act.\5\
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    \1\ The Clean Air Act Title 1 Air Pollution Prevention and 
Control, Part D. Subpart 1, Section 176 Limitation on Certain 
Federal Assistance.
    \2\ The NAAQS established by the EPA represent maximum 
concentration standards for criteria pollutants to protect human 
health (primary standards) and to protect property and aesthetics 
(secondary standards).
    \3\ The BLM calculated SOX is considered equal to 
SO2.
    \4\ PM2.5 is a subset of PM10 with 
separate standards for each.
    \5\ 40 CFR 93.153(f).
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    The U.S. Environmental Protection Agency (EPA) has established 
criteria and procedures for Federal agencies to use in demonstrating 
conformity with an applicable SIP. The criteria and procedures can be 
found at 40 CFR 93.150 et seq. (General Conformity Rule).
    The General Conformity Rule allows Federal agencies to develop a 
list of actions that are presumed to conform to a SIP with respect to 
the criteria pollutants and their precursors that are identified in 40 
CFR 93.153(b)(1) and (b)(2). Addressing the need for efficiency and 
streamlining, the EPA states that the provisions allowing Federal 
agencies to establish categories of actions that are presumed to 
conform are ``intended to assure that these Rules are not overly 
burdensome and Federal agencies would not spend undue time assessing 
actions that have little or no impact on air quality.'' \6\ 
Furthermore, the EPA states that ``Federal actions which are de minimis 
should not be required by this Rule to make an applicability 
analysis.'' \7\ To achieve this end, the General Conformity Rule allows 
individual Federal agencies to present categories of activities that 
have been documented to have de minimis emissions, and therefore could 
be presumed to conform under 40 CFR 93.153(f).
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    \6\ 58 FR 63228 (Nov. 30, 1993).
    \7\ 58 FR 63229 (Nov. 30, 1993).
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    To identify actions that are presumed to conform, Federal agencies 
must meet the following criteria from the General Conformity 
regulations:
    (1) Clearly demonstrate that the total of direct and indirect 
emissions of the criteria pollutants or precursor pollutants from the 
type of activities that would be presumed to conform would not:
    (i) Cause or contribute to any new violation of any standard in any 
area;
    (ii) Interfere with provisions in the applicable SIP for 
maintaining any standard;
    (iii) Increase the frequency or severity of any existing violation 
of any standard in any area; or
    (iv) Delay timely attainment of any standard or any required 
interim emission reductions or other milestones in any area including 
emission levels specified in the applicable SIP; \8\ or
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    \8\ 40 CFR 93.153(g)(1).
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    (2) Provide documentation that emissions from the types of actions 
that would be presumed to conform are below the applicable thresholds 
established in 40 CFR 93.153(b)(1) and (b)(2).\9\ This documentation 
may be based on similar actions that the agency has taken over recent 
years.\10\
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    \9\ 40 CFR 93.153(g)(2).
    \10\ Ibid.
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    Besides documenting the basis for presuming that the activities 
would conform, Federal agencies must fulfill procedural requirements 
under the General Conformity Rule by publishing the list of activities 
that are presumed to conform in the Federal Register; notifying 
Federal, State, and local agencies that the list is available; 
providing opportunity for public comment; and making available the 
agency's responses to any public comments.\11\
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    \11\ 40 CFR 93.153(h).
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    The BLM has developed a draft list of activities that are Presumed 
to Conform to Wyoming's SIP for the Upper Green River Basin (UGRB) 
ozone nonattainment area. Wyoming's UGRB was designated by EPA as an 
ozone nonattainment area with a marginal classification on April 30, 
2012. A nonattainment area is any area that does not meet the national 
primary or secondary ambient air quality standard for the specified 
pollutant. Ozone nonattainment designations are classified based on the 
severity of the nonattainment. A marginal designation is the lowest, or 
least severe, classification. As a result of the nonattainment 
designation, the BLM must comply with the General Conformity 
regulations in 40 CFR 93 Subpart B (which have subsequently been 
incorporated by the State of Wyoming in Chapter 8, Section 3 of the 
Wyoming Air Quality Standards and Regulations (WAQSR)) before 
authorizing or approving any Federal action undertaken within the 
designated nonattainment area.
    As noted, the BLM must demonstrate conformity by completing a 
conformity analysis, and cannot approve any action that would cause or 
contribute to a new violation of the applicable NAAQS or increase the 
frequency or severity of any existing violation. With respect to ozone 
in the UGRB, the presumed to conform analysis is completed by ensuring 
that emissions of volatile organic compounds (VOCs) and nitrogen oxides 
(NOX), the precursor pollutants that form ground level 
ozone, are below the de minimis emission thresholds specified in the 
regulations for marginal nonattainment areas. The de minimis emission 
thresholds identified in 40 CFR 93.153(b)(1) and (b)(2) for a marginal 
ozone nonattainment are 100 tons/year of VOCs and 100 tons/year of 
NOX). Federal actions and activities that demonstrate total 
direct and indirect emissions below the de minimis emission thresholds 
can be presumed to conform to the regulations and authorized without 
further analysis. Actions that exceed the de minimis emission 
thresholds require further

[[Page 96035]]

evaluation and a conformity determination.
    In this Notice, the BLM is identifying a list of de minimis actions 
and activities that are presumed to conform. This Notice contains a 
summary of documentation and analysis that demonstrates that the 
actions described will not exceed the applicable emission levels for 
the UGRB ozone nonattainment area. The actions involve BLM approval 
and/or financial assistance for projects or agency activities within 
the UGRB in Wyoming. Adoption of the list would reduce agency costs and 
time associated with conducting individualized evaluations of actions 
that have minimal emissions. Once the list is finalized, the BLM will 
be able to improve its environmental review process by streamlining 
review of actions with minimal impacts and applying more resources to 
actions that have the potential to reach regulated emission levels or 
adversely impact air quality.
    This draft list identifies two categories of actions: (1) Actions 
that are presumed to conform to the SIP for the UGRB area because they 
are projected to result in emissions lower than the established de 
minimis thresholds; and (2) actions that are entirely exempt from the 
General Conformity Rule, under 40 CFR 93.153(c)(2), because they fall 
within broad categories of exempt actions--as defined by EPA--that 
result in no emissions increase, associated increases in emissions that 
are already covered by the SIP, or emissions increases that are clearly 
de minimis.

Notification Process for the BLM UGRB Presumed To Conform List

    The notification requirements in the General Conformity Rule are as 
follows: \12\
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    \12\ 40 CFR 93.153(h)(1-4).
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    (1) The Federal agency must publish in the Federal Register its 
draft list of activities that are presumed to conform and the basis for 
the presumptions;
    (2) The Federal agency must notify the appropriate EPA Regional 
Office(s), state and local air quality agencies and, where applicable, 
the agency designated under section 174 of the Clean Air Act and the 
relevant metropolitan planning organization, and provide at least 30 
days for the public to comment on the list of proposed activities 
presumed to conform;
    (3) The Federal agency must document its response to all the 
comments received and make the comments, responses, and final list of 
activities available to the public upon request; and
    (4) The Federal agency must publish the final list of activities 
presumed to conform in the Federal Register.
    The BLM is initiating its notification requirements by publishing 
this Draft Presumed to Conform List. The public may obtain further 
program information or review project documentation by contacting the 
office and person listed under FOR FURTHER INFORMATION CONTACT.
    The major sections of this document follow:

I. Background
II. Existing Exemptions
III. BLM UGRB Presumed To Conform List and Technical Justifications
IV. How To Apply Presumed To Conform Actions

I. Background

    General conformity refers to the process of demonstrating that a 
Federal action conforms to the applicable SIP. A general conformity 
determination is required for each pollutant identified as 
nonattainment or maintenance in a particular area, when the total of 
direct and indirect emissions caused by a Federal action equals or 
exceeds any of the applicable thresholds.\13\ In cases where emissions 
equal or exceed the applicable thresholds, the Federal agency must 
complete additional evaluation to demonstrate how the action will 
conform to the SIP and meet General Conformity requirements. However, 
for actions where the emissions are below the applicable thresholds, an 
applicability analysis is used to demonstrate that the emissions are 
below the thresholds and are considered de minimis. No further 
evaluation or demonstration of conformity is required if this is the 
case.
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    \13\ 40 CFR 93.153(b).
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    The procedure for assessing conformity depends on whether the 
relevant action is classified as a Federal ``transportation'' action or 
a ``general'' Federal action. A Federal transportation action is an 
action related to transportation plans, programs, and projects that are 
developed, funded, or approved under Title 23 United States Code 
(U.S.C.) or the Federal Transit Act (FTA).\14\ A general Federal action 
is defined as any Federal action that is not a transportation action 
and consequently not subject to the conformity requirements established 
for Federal highway or transit actions, referred to as ``transportation 
conformity.'' Since the BLM actions described in this Notice do not 
meet the definition of a transportation action, they are general 
actions by default, and thus subject to the General Conformity Rule.
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    \14\ 49 U.S.C. 1601 et seq.
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    The BLM and other Federal agencies subject to general conformity 
must make a determination, prior to taking or authorizing any Federal 
action, that the action conforms to the applicable SIP's purpose to 
meet and maintain the NAAQS. If the actions are not specifically 
exempt, covered under an existing SIP, or classified as presumed to 
conform, the BLM or other agency must complete an emissions inventory 
as part of the applicability analysis to determine if emissions are 
likely to equal or exceed the established de minimis emission 
thresholds allowed for the nonattainment area. Administering and 
enforcing conformity regulations are delegated by the EPA to the 
individual states through provisions in each SIP. When a nonattainment 
area achieves compliance with the NAAQS, it becomes a maintenance area 
for at least 10 years, with ongoing state responsibility to ensure 
continued attainment.\15\
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    \15\ Clean Air Act, Section 175A, 42 U.S.C. 7505a.
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    Under the General Conformity Rule (40 CFR 93.153(g) and (h)), 
Federal agencies may develop a list of actions that are presumed to 
conform to relevant SIPs. As noted, the process of establishing 
presumed to conform classifications is predicated on ensuring that an 
activity that is presumed to conform does not cause or contribute to 
any new violations of the NAAQS, exacerbate existing violations, or 
interfere with provisions contained in the applicable SIP.

II. Existing Exemptions

    To provide the proper context and baseline for identifying and 
proposing a list of presumed to conform Federal actions for the UGRB, 
the BLM must first consider whether any individual actions and 
activities already qualify for exemption from general conformity 
requirements. The EPA has defined broad categories of exempt actions 
under 40 CFR 93.153. Actions in these categories result in no emissions 
increase, emissions increases that are already covered by the SIP, or 
emissions increases that are clearly de minimis. These exempt actions 
are not subject to further analysis for applicability, conformity, or 
regional significance under the General Conformity Rule. Further, 
activities that qualify for exemptions from the conformity analysis 
under 40 CFR 93.153 are not subject to the same public review and 
notification requirements as those activities that the BLM has listed 
as presumed to conform. Nevertheless, in

[[Page 96036]]

this Federal Register Notice, the BLM is identifying those activities 
occurring in the UGRB ozone nonattainment area that are exempt from the 
conformity requirements on the basis that associated emissions are de 
minimis. (The complete list of activities identified by the BLM as 
being exempt from the conformity regulation is available at: https://bit.ly/WYPtCList.)

A. Continuing and Recurring Activity (40 CFR 93.153(c)(2)(ii))

    The BLM regularly conducts activities in support of its management 
of public lands in the UGRB, including but not limited to: (1) 
Archaeological surveys; (2) issuing grazing permits; (3) weed control 
on public lands; (4) resource surveys for visual resources, wildlife, 
etc.; and (5) collecting transportation data. These activities may 
involve short-term and infrequent vehicle use by employees to travel 
into the field. The BLM has determined that any air emissions 
associated with the corresponding vehicle use are de minimis, and 
therefore these activities are exempt from general conformity 
requirements.

B. Routine Maintenance and Repair Activities (40 CFR 93.153(c)(2)(iv))

    BLM activities in the UGRB also involve actions that qualify as 
routine operations and maintenance under the General Conformity Rule. 
Examples of such activities include, but are not limited to: (1) 
Maintaining air quality monitoring equipment operated by the BLM; (2) 
managing solid waste collected at public use areas such as at 
campgrounds, picnic grounds, etc.; (3) maintaining BLM-managed lands 
such as cleaning cattle-guards, and windmill/fence repair; and (4) 
performing routine maintenance of trails, campgrounds, and other 
recreational sites managed by the BLM. These activities typically 
involve short-term and infrequent vehicle use by employees to travel 
into the field, and may at times also include short-term use of heavy 
equipment. Due to the short-term and infrequent nature of such 
activities, the BLM has determined that any air emissions associated 
with the corresponding vehicle and/or equipment use are de minimis, and 
therefore these activities are exempt from general conformity 
requirements.
    It should be noted that activities that involve extensive 
construction and/or earthmoving are not considered routine and do not 
qualify under the exemption described above. However, some construction 
activities associated with specific projects may qualify as presumed to 
conform under this Draft Presumed to Conform List, depending on the 
level of the associated emissions.

C. Regulatory Monitoring and Inspections (40 CFR 93.153(c)(2)(v))

    The BLM inspects and monitors compliance of regulated activities 
under its jurisdiction within the UGRB. These inspection and monitoring 
activities include, but are not limited to: (1) Monitoring and 
assessing cultural resources; (2) identifying and monitoring solid 
waste and/or hazardous waste sites; (3) inspecting, monitoring and 
assessing range, forests and other lands; (4) conducting field 
inspections of oil and gas operations, sand and gravel operations, and 
similar activities where the BLM has issued authorizations for resource 
development; (5) monitoring and assessing recreational activities such 
as off-road vehicle use; and (6) monitoring wildlife and wild horse 
populations on BLM-managed lands. These activities may at times involve 
short-term and infrequent vehicle use by employees to travel into the 
field. The BLM has determined that due to the short-term and infrequent 
nature of such activities, any air emissions associated with the 
corresponding vehicle use are de minimis, and therefore these 
activities are exempt from general conformity requirements.

D. Administrative Actions (40 CFR 93.153(c)(2)(vi))

    The BLM issues permits and conducts other administrative actions as 
part of its land management activities. Examples of such permits 
include, but are not limited to: Forest permits, recreation permits, 
small group tours, and meetings. The administrative actions of the BLM 
generally do not involve activities that would produce air emissions, 
but they may at times include short-term and infrequent vehicle use by 
employees. The BLM has determined that any air emissions associated 
with the corresponding short-term and infrequent vehicle use are de 
minimis, and therefore these permitting activities are exempt from 
general conformity requirements.
    Note that the various activities permitted by the BLM may not be 
exempt in their own right; the exemption described above only applies 
to the administrative processing of these actions. If a particular 
activity subject to a BLM permit or other approval is reasonably 
foreseeable and has quantifiable air emissions, then the specified 
activity will need to undergo the appropriate conformity review before 
the BLM issues the required permit or approval. Some related activities 
may be included on the BLM UGRB Presumed to Conform List.

E. Debris Removal (40 CFR 93.153(c)(2)(ix))

    Activities involving debris removal from BLM-managed lands are 
exempt from conformity. This includes events where individuals and/or 
groups pick up litter and other debris at campgrounds, trails, etc. 
These activities are expected to involve short-term and infrequent 
vehicle use; however, the BLM has determined that any air emissions 
associated with the corresponding vehicle use are de minimis.

F. Emissions Not Reasonably Foreseeable (40 CFR 93.153(d)(3))

    In some cases, BLM activities in the UGRB that do not themselves 
produce significant emissions may be expected to lead to future air 
emissions. In many cases, however, the emissions are not reasonably 
foreseeable or quantifiable at the time of the action. One example is 
offering for lease a tract or parcel of land or holding a mineral lease 
sale. The sale itself is an administrative action that does not 
authorize development or the approval of emission generating 
activities. However, it is recognized that the sale could result in air 
emissions at the time development occurs. Since the associated 
emissions are largely dependent on the specifics of the development 
proposal, which is unknown at the time of the lease offering, the 
emissions are not reasonably foreseeable or quantifiable at the leasing 
stage. However, any resource development that is proposed following the 
lease sale would trigger additional National Environmental Policy Act 
(NEPA) analysis, and the development in question would be subject to 
conformity requirements at that time.

G. Clean Air Act Permitted Sources (40 CFR 93.153(d)(1))

    Some activities within the UGRB are subject to multiple regulatory 
approvals. One example is air emission units that are subject to the 
State of Wyoming air quality permit program administered by the Wyoming 
Department of Environmental Quality (WDEQ). Any regulated emissions 
source that receives an air quality permit through the WDEQ's New 
Source Review (NSR) permitting program is exempt from inclusion in the 
BLM's conformity analysis per 40 CFR 93.153(d)(1) and the Wyoming Air 
Quality Standards and Regulations, Chapter 8, Section 3.

[[Page 96037]]

H. Emergency Response (40 CFR 93.153(d)(2))

    The BLM may at times need to provide for emergency response when 
incidents occur on BLM-managed lands. Examples include responding to 
wildfires, spills associated with oil and gas operations, or other 
hazardous material incidents. While such activities may include 
significant air emissions associated with the event itself and/or with 
the response, these activities are exempt because the associated 
emissions are not reasonably foreseeable, nor are they quantifiable. 
Also, the analysis involved in assessing compliance with the general 
conformity requirements is not generally consistent with emergencies, 
which require an immediate response so as not to create and/or 
exacerbate a public safety or other environmental hazard.

I. Research (40 CFR 93.153(d)(3))

    BLM-sponsored research is also exempt from a conformity analysis. 
Within the UGRB, a primary BLM research activity is installing and 
operating air quality monitoring equipment and water quality monitoring 
activities. These activities may involve short-term and infrequent 
vehicle use by the BLM and/or its contractors. The BLM has determined 
that any emissions associated with vehicle use for these activities are 
de minimis, and therefore these activities are exempt from general 
conformity requirements.

J. Prescribed Fire (40 CFR 93.153(i)(2))

    The BLM's land management in the UGRB may at times include the use 
of prescribed fire. Prescribed fire activities are exempt from 
conformity to the extent that the BLM conducts them according to the 
WDEQ's approved Prescribed Burn Management Program. Prescribed burns 
require a permit from the WDEQ prior to being conducted. For the 
purpose of conformity, any air emissions associated with prescribed 
fire within the confines of an approved management plan have already 
been incorporated into the Wyoming SIP and are exempt from the BLM 
conformity analysis.

III. BLM UGRB Presumed To Conform List and Technical Justification

    The BLM UGRB Presumed to Conform List addresses projects proposed 
in the UGRB ozone nonattainment area. Conformity requires that any such 
project demonstrate that emissions would be less than the threshold 
levels given in 40 CFR 93.153(b)(1) and Chapter 8, Section 3 of the 
Wyoming Air Quality Standards and Regulations (WAQSR)--that is, 100 tpy 
for either NOX or VOCs, the precursor pollutants that form 
ozone in the atmosphere. Projects on the Presumed to Conform List would 
be considered to conform and would not be required to develop project-
specific emission inventories to demonstrate compliance. To develop the 
list, the BLM quantified project emissions based on similar actions 
undertaken, approved, or permitted by the BLM over recent years within 
the UGRB. The BLM recognizes that any individual project subject to BLM 
authorization may include multiple component activities. For any 
project with multiple component activities, the emissions for each 
pollutant need to be summed across all project-related activities to 
determine conformity. The project conforms if the summed NOX 
and VOC emissions are less than 100 tpy for each pollutant. General 
Conformity for large scale oil and gas development projects that are 
being evaluated through an EIS will not be determined using the 
Presumed to Conform List. Such projects are required to submit 
comprehensive, detailed emission inventories for the life of the 
project in order to evaluate the year of maximum emissions for General 
Conformity compliance.
    The BLM has developed the Presumed to Conform List using emissions 
data from a variety of sources. For operations proposed by the oil and 
gas industry, data were compiled from emissions information used in 
current and past actions. The total emissions for development and 
operation were summed over the expected emission sources at the project 
and expressed in terms of three units: Emissions per well, per road-
mile, or per pipeline-mile. The emissions data were compiled in a 
calculation workbook and, by using this workbook, the number of such 
units that could be developed in a single year without emissions 
exceeding the conformity thresholds was calculated. For example, if 
developing one well is, on average, associated with emissions of nine 
tons of NOX or VOC per well, then projects with up to 11 
wells in a single year would be presumed to conform, (since 9 
tpy*11wells = 99 tpy, which is less than the100 tpy de minimis 
threshold for each pollutant). Note that this example assumes the 
project has no additional reasonably foreseeable or quantifiable direct 
or indirect emissions.
    Emission sources and associated activity levels were solicited from 
UGRB oil and gas operators for well development and operations, 
including associated infrastructure such as roads and pipelines. 
Several datasets were received and reviewed for quality control 
purposes. In order to maintain confidentiality of the operators, these 
datasets are referred to as Scenario A, Scenario B, etc. in the 
calculation workbook. Emissions data from the scenarios were grouped 
according to typical major phases of development: Construction, 
drilling, completion, operations/workovers, and reclamation. Within 
each phase, the scenario data that showed the maximum emissions per 
unit of development was selected. These data were then combined to form 
a composite scenario that represents a maximum emissions case for the 
activity. The composite scenario is the basis for the presumed to 
conform emissions estimate. Use of this composite maximum emissions 
case assures that the presumed to conform criteria are set 
conservatively--that is, this approach ensures that the estimates of 
emissions associated with particular levels of development overstate 
the actual emissions that are expected fromthe activity, and therefore 
the total annual emissions from the specified activities will be less 
than the conformity thresholds.
    The following table lists the items where BLM has determined that 
emissions are presumed to conform. Additional discussion of each 
activity that is presumed to conform is presented below the table. The 
supporting technical calculations and workbooks for all activities 
included on the BLM UGRB Presumed to Conform List can be found at: 
https://bit.ly/WYPtCList. In many cases, the table lists emissions 
associated with particular activities on a per-unit basis (e.g. per 
well, or per mile, or per facility). For these activities, to assess 
whether a larger project can be presumed to conform, the number of 
units in the project must be multiplied by the expected per-unit 
emissions to determine whether the overall emissions from the project 
is expected to be less than the thresholds of 100 tpy NOX 
and 100 tpy VOCs. For example, in the oil and gas full development 
scenario in the table, the emissions are estimated at 7.0 tpy of 
NOX per well, and 0.4 tpy of VOCs per well; full development 
of up to 14 wells in a single 12-month period could therefore be 
presumed to conform, because 14 x 7.0 is 98 tpy NOX, under 
the de minimis threshold of 100 tpy.
    In other cases, the table lists emissions associated with overall 
activities, such as emissions associated with any amount of cultural 
resource excavation. In these cases, the total emissions for the 
overall activity are so low that any amount of the activity can be 
presumed to conform; no per-unit analysis is necessary.

[[Page 96038]]



                                     Table 1--Presumed To Conform Activities
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                                                                    Emissions
       BLM resource area           Description of   ----------------------------------------       Comments
                                      activity          NOX  (ton/yr)       VOC  (ton/yr)
----------------------------------------------------------------------------------------------------------------
Cultural Resources.............  Data recovery/site  <0.1..............  <0.1..............  Based on one
                                  excavation.                                                 passenger vehicle
                                  Excavation                                                  traveling up to
                                  usually related                                             200 miles per day
                                  to well pad                                                 for 60 days.
                                  construction.
Activities Associated with Land  Install powerlines/ 0.44 tons/mile....  0.032 tons/mile...  Calculated per mile
 Use Permits, such as Rights-of-  transmission       1.61 tons/mile....  0.13 tons/mile....   of transmission or
 Way (ROW).                       lines.                                                      distribution line,
                                 Install roads (non-                                          based on emissions
                                  oil and gas).                                               for a 24-mile
                                                                                              project.
                                                                                             Calculated per mile
                                                                                              of road.
                                 Install             1.5 per tower.....  0.2 per tower.....  Estimated for South
                                  communications                                              Rim Communications
                                  tower/facility.                                             Tower (one tower).
                                 Construct natural   0.45 tons/facility  0.1 tons/facility.  Calculated for a
                                  gas support                                                 single support
                                  facility.                                                   facility, based on
                                                                                              data for Facility
                                                                                              Construction in
                                                                                              supporting Oil and
                                                                                              Gas Workbook.
                                                                                              Conformity for a
                                                                                              project would be
                                                                                              based on the
                                                                                              number of
                                                                                              facilities. For
                                                                                              example,
                                                                                              construction of up
                                                                                              to 222 facilities
                                                                                              in a single 12-
                                                                                              month period would
                                                                                              conform.
Oil and Gas--Emissions are for   Full development    7.0 tons/well.....  0.4 tons/well.....  Oil wells--
 a Single Well.                   scenario;                                                   Calculated for a
                                  includes drilling                                           single well using
                                  well, pad and                                               the maximum
                                  facility                                                    emissions for
                                  construction                                                local development
                                  (including road                                             areas. Conformity
                                  construction,                                               for a project
                                  pipeline                                                    would be based on
                                  construction, and                                           the number of
                                  electric line                                               wells. For
                                  construction (oil                                           example, full
                                  well only)), well                                           development for up
                                  completion,                                                 to 14 wells in a
                                  production/                                                 single 12-month
                                  workover/                                                   period would
                                  operations, and                                             conform.
                                  reclamation.
                                                     4.0 tons/well.....  0.5 tons/well.....  Natural gas wells--
                                                                                              Calculated for a
                                                                                              single well using
                                                                                              the maximum
                                                                                              emissions for
                                                                                              local development
                                                                                              areas. Conformity
                                                                                              for a project
                                                                                              would be based on
                                                                                              the number of
                                                                                              wells. For
                                                                                              example, full
                                                                                              development for up
                                                                                              to 24 wells in a
                                                                                              single 12-month
                                                                                              period would
                                                                                              conform.
Oil and Gas--Emissions are for   New well on         5.6 tons/well.....  0.3 tons/well.....  Oil wells--
 a Single Well.                   existing pad                                                Calculated for a
                                  scenario;                                                   single well using
                                  excludes pad,                                               the maximum
                                  facility, and                                               emissions for
                                  pipeline                                                    local development
                                  construction.                                               areas. Conformity
                                                                                              for a project
                                                                                              would be based on
                                                                                              the number of
                                                                                              wells. For
                                                                                              example, up to 17
                                                                                              new wells in a
                                                                                              single 12-month
                                                                                              period on an
                                                                                              existing pad would
                                                                                              conform.
                                                     2.6 tons/well.....  0.3 tons/well.....  Natural gas wells--
                                                                                              Calculated for a
                                                                                              single well using
                                                                                              the maximum
                                                                                              emissions for
                                                                                              local development
                                                                                              areas. Conformity
                                                                                              for a project
                                                                                              would be based on
                                                                                              the number of
                                                                                              wells. For
                                                                                              example, up to 38
                                                                                              new wells in a
                                                                                              single 12-month
                                                                                              period on an
                                                                                              existing pad would
                                                                                              conform.
                                 Existing well       <0.1 tons/well....  <0.1 tons/well....  Oil wells--
                                  scenario;                                                   Calculated for a
                                  production/                                                 single well using
                                  workover/                                                   the maximum
                                  operations only.                                            emissions for
                                                                                              local development
                                                                                              areas. Conformity
                                                                                              for a project
                                                                                              would be based on
                                                                                              the number of
                                                                                              wells. For
                                                                                              example,
                                                                                              redevelopment of
                                                                                              up to 1,287
                                                                                              existing wells in
                                                                                              a single 12-month
                                                                                              period would
                                                                                              conform.
                                                     <0.1 tons/well....  <0.1 tons/well....  Natural gas wells--
                                                                                              Calculated for a
                                                                                              single well using
                                                                                              the maximum
                                                                                              emissions for
                                                                                              local development
                                                                                              areas. Conformity
                                                                                              for a project
                                                                                              would be based on
                                                                                              the number of
                                                                                              wells. For
                                                                                              example,
                                                                                              redevelopment of
                                                                                              up to 1,207
                                                                                              existing wells in
                                                                                              a single 12-month
                                                                                              period would
                                                                                              conform.
Oil and Gas....................  Install pipelines.  1.24 tons/mile....  0.136 tons/mile...  Based on maximum
                                                                                              development of 79
                                                                                              miles for natural
                                                                                              gas pipeline, 20
                                                                                              to 30 inches
                                                                                              diameter.
                                                                                              Conformity for a
                                                                                              project would be
                                                                                              based on the
                                                                                              number of miles of
                                                                                              pipeline
                                                                                              constructed. For
                                                                                              example,
                                                                                              construction of up
                                                                                              to 80 miles of
                                                                                              pipeline in a
                                                                                              single 12-month
                                                                                              period would
                                                                                              conform.
Other Minerals.................  Sand and gravel     4.0...............  0.3...............  Based on 20,000
                                  operations                                                  cubic yards of
                                  (includes                                                   sand/gravel
                                  stripping,                                                  extraction over a
                                  digging, crushing                                           3-5 year contract
                                  and hauling).                                               period. Hauling
                                                                                              based on 160,000
                                                                                              miles/yr (20 trips
                                                                                              per day @ 200
                                                                                              miles round-trip
                                                                                              for two 20-day
                                                                                              operations per
                                                                                              year).
Range..........................  Drilling water      0.53..............  0.02..............  Calculated for a
                                  well.                                                       single water well
                                                                                              based on emissions
                                                                                              estimates for
                                                                                              Cabrito 3-31 Water
                                                                                              Well.,
                                 Converting          <0.1..............  <0.1..............  Calculated for a
                                  windmills to                                                single conversion
                                  solar energy.                                               project.
                                                                                              Infrequent--Minor
                                                                                              construction (no
                                                                                              heavy duty
                                                                                              vehicles; based on
                                                                                              single day of
                                                                                              pickup use).
Recreation.....................  Construct           0.7...............  0.1...............  Calculated for
                                  recreation                                                  construction of a
                                  facilities (i.e.,                                           single facility,
                                  campgrounds).                                               based on Sand
                                                                                              Dunes recreation
                                                                                              improvement
                                                                                              project, Wind
                                                                                              River Front
                                                                                              reconstruction
                                                                                              project, general
                                                                                              annual
                                                                                              maintenance, etc.
                                 River access sites  1.5...............  0.2...............  Calculated for
                                                                                              construction of a
                                                                                              single site, based
                                                                                              on projects
                                                                                              constructing multi-
                                                                                              vehicle boat
                                                                                              ramps, including
                                                                                              pre-work design/
                                                                                              survey, road,
                                                                                              ramp, and parking
                                                                                              lot construction,
                                                                                              installation of
                                                                                              visitor facilities
                                                                                              (restrooms,
                                                                                              kiosks,
                                                                                              barricades,
                                                                                              fencing, etc.).

[[Page 96039]]

 
                                 Special Use         0.1...............  <0.1..............  Calculated for a
                                  Permits, e.g.,                                              single issued
                                  commercial                                                  permit, assuming 1
                                  hunting and                                                 passenger vehicle
                                  fishing guides.                                             traveling up to
                                                                                              200 miles round
                                                                                              trip for 250 trips
                                                                                              per year.
                                 Trail construction  <0.1..............  <0.1..............  Calculated for a
                                                                                              single
                                                                                              construction
                                                                                              project up to 5
                                                                                              days in duration.
                                                                                              Assumes primarily
                                                                                              hand construction
                                                                                              and one tractor or
                                                                                              backhoe operating
                                                                                              for 5 days.
Wild Horses....................  Gather wild horses  <0.1..............  <0.1..............  Calculated for a
                                                                                              single gather,
                                                                                              based on
                                                                                              helicopter use
                                                                                              (Bell 206
                                                                                              JetRanger) for one
                                                                                              week period.
Wildlife.......................  Habitat             1.9...............  0.2...............  Calculated for a
                                  improvement                                                 single project,
                                  projects                                                    based on Wyoming
                                  (includes                                                   Range Mule Deer
                                  selecting and                                               Habitat Project
                                  designating                                                 EA.
                                  sites, planning,
                                  and
                                  implementation).
                                 Wildlife survey     0.1...............  <0.1..............  Calculated and
                                  (aircraft).                                                 based on a single
                                                                                              survey with twin
                                                                                              engine aircraft
                                                                                              use (Beech King
                                                                                              Air) for one week
                                                                                              period.
Misc. Activities...............  Road maintenance    9.7...............  0.7...............  Infrequent and
                                  and upkeep.                                                 short-term vehicle
                                                                                              use, minor heavy
                                                                                              duty equipment.
                                                                                              Based on grader
                                                                                              and diesel pickup
                                                                                              use to maintain
                                                                                              40,000 miles of
                                                                                              road annually. Not
                                                                                              applicable to
                                                                                              initial road
                                                                                              construction.
----------------------------------------------------------------------------------------------------------------

    For pollutant emissions presented in the above table for oil and 
gas industry sources, the following key assumptions are applicable and 
can also be further reviewed in the supporting Oil and Gas Workbook 
(included with the supporting emission calculations) located at: https://bit.ly/WYPtCList:
     EPA regulates the emissions from mobile sources by setting 
standards for the specific pollutants being emitted. EPA established 
progressively more stringent emission standards for carbon monoxide, 
hydrocarbons, nitrogen oxides, and particulate matter in the early 
1990s for non-road engines and equipment. Emissions standards set 
limits on the amount of pollution a vehicle or engine can emit. A 
higher tier standard corresponds to lower emissions. Emissions shown on 
the list assume non-road equipment/engines meet either EPA Tier 2 or a 
mix of Tier 1 and Tier 2 emission standards. In order to determine 
emissions for a project using entirely Tier 1 non-road equipment/
engines, the comparison panels in the supporting Oil and Gas Workbook 
must be used.
     For projects using Tier 3 or better non-road equipment/
engines, a higher number of wells may conform, but the supporting Oil 
and Gas Workbook must be used to adjust the single well emission 
values.
     For projects using drill rigs permitted through the WDEQ, 
New Source Review (NSR) permitting program, a higher number of wells 
may conform since NSR-permitted sources are excluded from the BLM's 
General conformity analysis. The supporting Oil and Gas Workbook can be 
used to adjust the single well emission values by excluding permitted 
drill rig emissions.
     Emissions data for on-road vehicles correspond to calendar 
years 2008 to 2013, depending on the operator, and so are expected to 
be conservative (overestimate emissions) for 2014 and later years. 
Emissions data were previously generated using EPA's Motor Vehicle 
Emission Simulator (MOVES) modeling system which estimates emissions 
for mobile sources at the national, county, and project level for 
criteria air pollutants, greenhouse gases, and air toxics. Emissions 
data for off-road vehicles, such as construction equipment, were 
previously generated using EPA's NONROAD Model.
     The ton per year (tpy) emissions presented for a single 
well are rounded to one decimal place; however, the number of wells 
noted as conforming in the comments are based on more precise emissions 
that can be found in the supporting Oil and Gas Workbook.
    Further explanation of the Presumed to Conform activities 
identified in the table is provided below in the order in which they 
appear in the table.

1. Cultural Resources: Data Recovery/Site Excavation

    Cultural resource evaluations may occur during site excavation, 
whether connected to oil and gas development or to other BLM projects. 
These activities are expected to result in de minimis emissions 
associated with infrequent and short-term light-duty vehicle use for 
personnel to travel to the project site. Calculations were based on one 
passenger vehicle traveling up to 200 miles per day for 60 days. 
Emissions for NOX and VOC have each been calculated to be 
less than 0.1 ton per year. Since the emissions for this activity are 
de minimis, no extrapolation of the number of cultural site excavations 
that could occur in a single year is provided; this activity is not a 
daily activity and would never approach the emissions threshold. These 
activities are de minimis and presumed to conform.

2. Lands: Install Power/Transmission Lines

    Due to the remote location of many oil and gas development projects 
in the UGRB, electrical power is not available at the project site and 
electrical transmission or distribution lines may be installed in order 
to bring power to the project site. Constructing these transmission or 
distribution lines results in NOX and VOC emissions 
associated with construction equipment activities. Based on an actual 
24-mile transmission or distribution line, construction assumes 
standard construction equipment including light-duty and heavy-duty 
trucks, along with a backhoe and forklift, operating 12 hours per day. 
The calculated emissions are 0.44 tpy of NOX and 0.032 tpy 
of VOCs per mile. By extrapolation, any transmission or distribution 
line construction project up to 225 miles in a 12-month period could be 
developed without exceeding the emissions threshold. These activities 
are de minimis and presumed to conform.

3. Lands: Install Roads (Non-Oil and Gas)

    New road construction may be undertaken or authorized by the BLM to 
create access to previously inaccessible locations. Emissions would be 
associated with the construction equipment needed to build the access 
road, such as backhoes, bulldozers, tractor scrapers, and motor 
graders,

[[Page 96040]]

operating 12 hours per day. Based on 2009 Sublette County emission 
factors from EPA's NONROAD emissions model, the calculated emissions 
are 1.61 tpy of NOX and 0.13 tpy of VOCs per mile. 
Accordingly, any access road construction project up to about 61 miles 
in a 12-month period could be developed without exceeding the emissions 
threshold. This activity is de minimis and presumed to conform.

4. Lands: Install Communication Tower/Facility

    The BLM may authorize construction of communication towers and 
ancillary facilities on Federal lands within the UGRB in order to 
improve cellular telephone and other communications in the region. 
Estimated emissions are associated with the construction equipment for 
installing a single tower, based on construction of the South Rim 
Communications Tower, including light and heavy-duty trucks, backhoes, 
cranes and a truck drill rig, operating 10 hours per day. Off-road 
vehicles assumed 2008 Sublette County NONROAD emission factors and on-
road vehicles assumed 2013 emission factors from EPA's MOVES model. The 
calculated emissions are 1.5 tpy of NOX and 0.2 tpy of VOCs. 
By extrapolation, up to 66 towers could be constructed in a single 12-
month period without exceeding the emissions threshold. This activity 
is de minimis and presumed to conform.

5. Oil and Gas: Full Development Scenario

    Developing an oil and gas well involves many different activities, 
including well pad construction, well drilling, completion workovers 
and construction of on-site facilities and associated roads and 
pipelines. Emissions were calculated for these activities assuming full 
development for a single well using a maximum development scenario for 
the UGRB. Separate calculations were performed for oil wells and 
natural gas wells.
    For a single oil well, the calculation assumes a drill rig and 
boiler with drilling activities lasting 15 days for 24 hours per day 
(hr/day). Construction is assumed to last 3 days at 10 hr/day and 
involve standard construction equipment such as dozers, backhoes, motor 
graders, dump trucks, and water tankers. Completion activities involve 
a pump engine operating for 5 days and a rig engine operating for 1 
day, at 12 hr/day. Workovers are assumed to involve one rig engine 
operating for 5 days at 12 hr/day. Off-road equipment is assumed to 
meet EPA Tier 2 emissions standards. On-road vehicles would consist of 
light and heavy-duty trucks. Equipment and vehicle emissions are 
calculated for 2013.
    For a single oil well, the calculated emissions are 7.0 tpy of 
NOX and 0.4 tpy of VOCs. By extrapolation, up to 14 oil 
wells could be developed for a project in a 12-month period without 
exceeding the emissions threshold.
    For a single natural gas well, the calculation assumes a drill rig 
and boiler, with a drilling duration of 10 days at 24 hours per day. 
Construction is assumed to last 15 days. Completion is assumed to 
involve a pump engine operating for 5 days and a rig engine operating 
for 1 day at 12 hr/day. Workovers are assumed to involve two engines 
operating for 2 days at 8 hr/day. Off-road equipment is assumed to meet 
EPA Tier 2 emissions standards. On-road vehicles would consist of light 
and heavy trucks. Equipment and vehicle emissions are calculated for 
2008. For a single natural gas well, the calculated emissions are 4.0 
tpy of NOX and 0.5 tpy of VOCs. By extrapolation, up to 24 
natural gas wells could be developed for a project in a 12-month period 
without exceeding the emissions threshold.
    Each of these activities are de minimis and presumed to conform.

6. Oil and Gas: New Well on an Existing Pad

    For a new oil or natural gas well on an existing pad, the emissions 
are the same as described above except that construction emissions are 
excluded (since the associated facilities already exist). The 
assumptions and data used for equipment and vehicles in this 
calculation are the same as for the Full Development Scenario (number 5 
above).
    For a single oil well drilled on an existing pad, the calculated 
emissions are 5.6 tpy of NOX and 0.3 tpy of VOCs. By 
extrapolation, up to 17 oil wells on an existing pad could be developed 
in a 12-month period without exceeding the emissions threshold.
    For a single natural gas well drilled on an existing pad, the 
calculated emissions are 2.6 tpy of NOX and 0.3 tpy of VOCs. 
By extrapolation, up to 38 natural gas wells could be developed on an 
existing pad in a 12-month period without exceeding the emissions 
threshold. These activities are de minimis and presumed to conform.

7. Oil and Gas: Production/Workover/Operations Only

    Once a well is drilled and producing, production-related 
maintenance activities such as workovers typically occur annually and 
generate emissions that may not be included in the well site's 
production permit. Workovers typically require the short-term use of 
diesel-fired engines associated with the workover rig itself. Also, 
there are typically traffic-related emissions from workers travelling 
to the site.
    For a single oil or natural gas well, the calculation for workovers 
assumes a single engine operating for 5 days at 12 hr/day. Off-road 
equipment is assumed to meet EPA Tier 2 emissions standards. On-road 
vehicles would consist of light and heavy trucks. Equipment and vehicle 
emissions are calculated for 2013.
    For a single oil well and a single natural gas well, the calculated 
emissions associated with production maintenance activities are less 
than 0.1 tpy for both NOX and VOCs. By extrapolation, up to 
1,287 oil wells and 1,207 natural gas wells could be maintained in a 
12-month period without exceeding the emissions threshold. Each of 
these activities are de minimis and presumed to conform.

8. Oil and Gas: Install Pipelines

    Once an oil or gas well is developed, pipelines are often 
constructed to transport the recovered oil, condensate, gas and water. 
Emissions result from the construction equipment used for pipeline 
projects. For a 79-mile pipeline (up to 30-inch diameter pipe) the 
calculation assumes that construction proceeds at the rate of 1 to 4 
days per mile, depending on the phase of work. Up to 8 pieces of 
equipment are assumed to be operating simultaneously (up to 20 for 
welding). Equipment is assumed to operate for 12 hr/day and includes 
standard construction equipment such as excavators, dozers, backhoes, 
motor graders, sidebooms, and cranes. Additional equipment includes 
welders and x-ray trucks. Vehicles include light-duty trucks, heavy-
duty trucks, and water tankers. Off-road equipment is assumed to 
consist of 50% meeting EPA Tier 1 and 50% meeting Tier 2 emissions 
standards. Equipment and vehicle emissions are calculated for 2008.
    For a 79-mile pipeline (up to 30-inch diameter pipe), the 
calculated emissions are 98.3 tpy of NOX and 10.7 tpy of 
VOCs. The average emissions per mile of pipeline are 1.24 tons/mile of 
NOX and 0.136 tons/mile of VOCs. By extrapolation, any 
pipeline construction project up to about 80 miles in a 12-month period 
could be developed without exceeding the emissions threshold. This 
activity is de minimis and presumed to conform.

[[Page 96041]]

9. Other Minerals: Sand and Gravel Operations

    The BLM issues contracts and authorizations for developing sand and 
gravel resources within the UGRB. Air emissions result from on-site 
heavy equipment (front loaders and bulldozers), operation of a 
crushing/screening plant (which generally run on diesel-fueled 
engines), employee/contractor traffic (light-duty vehicles), and use of 
heavy-duty trucks to transport the aggregate product to nearby markets. 
The emission calculations were based on 20,000 cubic yards of sand/
gravel extraction over a 3-5 year contract period and a one-way hauling 
distance of 100 miles, which is the BLM's maximum projected development 
level.
    Under the development scenario described above, the calculated 
emissions are 4.0 tpy of NOX and 0.3 tpy of VOCs. By 
extrapolation, up to 24 sand and gravel operations could occur in a 
single year 12-month period without exceeding the emissions threshold.
    Also presumed to conform under this category are activities 
associated with selling and removing decorative rock. Activities 
associated with gathering decorative stone typically create fewer 
emissions than sand and gravel sites since no crushing/screening 
equipment is necessary. Each of these activities are de minimis and 
presumed to conform.

10. Range: Drilling a Water Well

    Water well development occurs on BLM lands within the UGRB. 
Emissions are associated with the drill rig and ancillary equipment 
although the intensity and duration of activity for drilling water 
wells is significantly less than that for an oil or gas well.
    Water well drilling assumes a water well drill rig, with Tier 2 
engines, along with supporting light and heavy-duty trucks. A round 
trip distance of 70 miles was assumed for the on-road vehicles. The 
calculated emissions for a single water well are 0.5 tpy of 
NOX and 0.02 tpy of VOCs. By extrapolation, up to 186 water 
wells could be developed in a 12-month period without exceeding the 
emissions threshold. This activity is de minimis and presumed to 
conform.

11. Range: Converting Windmills to Solar Energy

    The BLM has a program to convert existing windmills to solar 
energy. These activities are expected to result in de minimis emissions 
associated with infrequent and short-term light-duty vehicle use for 
personnel to travel to the project site. Emissions for NOX 
and VOCs have been calculated to be less than 0.1 ton per year for each 
conversion. Since the emissions for this activity are de minimis, no 
extrapolation of the number conversions that could occur in a single 
year is provided; this activity is infrequent and would never approach 
the emissions threshold. This activity is de minimis and presumed to 
conform.

12. Recreation: Construct Recreation Facilities, i.e., Campgrounds

    The BLM may also construct recreational facilities such as 
campgrounds or picnic areas to enhance visitor use of recreation areas. 
This activity may involve construction over a small area, generally 
lasting up to about 15 working days. Air emissions would result from 
the construction equipment and work vehicles, such as front loaders, a 
Bobcat, a motor grader, and light-duty and heavy-duty trucks, operating 
10 hours per day. Off-road vehicles assumed 2008 Sublette County 
NONROAD emission factors and on-road vehicles assumed MOVES 2013 
emission factors.
    For recreation facility construction, the calculated emissions are 
0.7 tpy of NOX and 0.1 tpy of VOCs per facility. By 
extrapolation, up to 142 facilities could be developed in a 12-month 
period without exceeding the emissions threshold. This activity is de 
minimis and presumed to conform.

13. Recreation: River Access Sites

    At river access sites within the UGRB, projects can include 
constructing multi-vehicle boat ramps, access roads, parking areas and 
visitor facilities such as restrooms, kiosks, barricades and fencing. 
Typical projects involve about 40 days of construction activities at 
the site, and associated air emissions result from construction 
equipment and work vehicles, including a front loader, excavator, and 
motor grader, along with light-duty and heavy-duty trucks, operating 10 
hours per day. Off-road vehicles assumed 2008 Sublette County NONROAD 
emission factors and on-road vehicles assumed MOVES 2013 emission 
factors. For constructing river access sites, the calculated emissions 
are 1.5 tpy of NOX and 0.2 tpy of VOCs per access site. By 
extrapolation, up to 66 sites could be developed in a 12-month period 
without exceeding the emissions threshold. This activity is de minimis 
and presumed to conform.

14. Recreation: Special Use Permits

    Examples of Special Use Permits issued by the BLM include 
commercial hunting and fishing guide permits. Emissions result from 
light duty vehicle traffic associated with the hunting and fishing 
trips. Based on 250 trips per year and 200 miles (round-trip) for each 
guided trip, the calculated emissions are less than 0.1 tpy each for 
NOX and VOCs. By extrapolation, up to 1,911 permits could be 
issued in a 12-month period without exceeding the emissions threshold. 
This activity is de minimis and presumed to conform.

15. Recreation: Trail Construction

    The BLM maintains and constructs trails within the UGRB. Most trail 
construction involves hand equipment, but may occasionally require use 
of mechanized equipment such as a tractor, depending upon local site 
conditions. These activities are typically short-term (i.e., 5 days 
duration, 8 hours per day). The calculated emissions are less than 0.1 
tpy each for NOX and VOCs per construction project. By 
extrapolation, up to 2,181 trail construction projects could occur in a 
12-month period without exceeding the emissions threshold. This 
activity is de minimis and presumed to conform.

16. Wild Horses: Gather Wild Horses

    Wild horse gathers within the UGRB typically involve the use of a 
helicopter, which is the primary emissions source for this activity. 
The calculations are based on use of a Bell 206 Jet Ranger helicopter 
over a five day period, with an average flight time of 6 hours each 
day. The calculated emissions are less than 0.1 tpy each for 
NOX and VOCs per gather. This activity is de minimis and 
presumed to conform.

17. Wildlife: Habitat Improvement Projects

    The BLM conducts and/or authorizes habitat improvement projects 
within the UGRB. Activities for these projects typically include the 
use of off-road construction equipment (such as a tractor, feller 
buncher, and skidder) for 10 hours per day, as well as light duty 
vehicle use and occasional helicopter use and heavy-duty fire engines. 
The calculated emissions are 1.9 tpy of NOX and 0.2 tpy of 
VOCs, per project. By extrapolation, up to 52 projects could be 
completed in a 12-month period without exceeding the emissions 
threshold. This activity is de minimis and presumed to conform.

18. Wildlife: Wildlife Surveys (Aircraft)

    The BLM conducts or participates in aerial wildlife surveys within 
the UGRB. Emissions are based on the use of a twin engine aircraft 
(e.g., Beechcraft King Air) for a 5-day week, with an average flight 
time of 4 hours each day. The calculated emissions are 0.1 tpy of 
NOX

[[Page 96042]]

and less than 0.1 tpy of VOCs per survey. By extrapolation, up to 1,833 
surveys could be conducted in a 12-month period without exceeding the 
emissions threshold. This activity is de minimis and presumed to 
conform

19. Miscellaneous: Road Maintenance and Upkeep

    The BLM conducts and authorizes maintenance of existing roads 
within the UGRB. Air emissions result from the short-term use of heavy 
duty construction equipment. The calculated emissions are 9.7 tpy of 
NOX and 0.7 tpy of VOCs calculated for 40,000 miles per year 
of road maintenance activities (this is 5 times the normal amount of 
activity that typically occurs based on BLM-WY submitted data). This 
activity is de minimis and presumed to conform.

IV. How To Apply Presumed To Conform Actions

    The list of qualifying project categories discussed in the 
preceding section is referred to as the BLM UGRB Presumed to Conform 
List. The analyses for BLM's presumed to conform actions are considered 
representative of a majority of common, recurring projects within the 
UGRB. However, the BLM must consider the appropriateness of applying 
this list to any particular project, by assessing how the proposed 
project compares to the presumed to conform categories of projects.\16\
---------------------------------------------------------------------------

    \16\ The list must be used carefully because ``[w]here an action 
otherwise presumed to conform under paragraph (f) of this section * 
* * does not in fact meet one of the criteria in paragraph (g)(1) of 
this section, that action shall not be presumed to conform and the 
requirements of 93.150 and 93.155 through 93.160 shall apply for the 
Federal action.'' See 40 CFR 93.153(j).
---------------------------------------------------------------------------

    As authorized under the Clean Air Act, the list provides an 
additional way for the BLM to improve its environmental program 
management while still ensuring that agency air quality goals and 
requirements are met. Use of the BLM UGRB Presumed to Conform List will 
reduce review times, eliminate unnecessary paperwork, clarify 
analytical requirements for all project actions, and ensure that the 
proper level of documentation is applied in each case. Moreover, the 
BLM UGRB Presumed to Conform List will provide a method that the BLM 
can use to demonstrate conformity with the Wyoming SIP. When applying 
the BLM UGRB Presumed to Conform List, the BLM will determine whether 
the project in question represents one or more single actions or a 
combined action. The BLM will also determine whether any combined 
action involves multiple connected presumed to conform actions. Below 
is a description of the different BLM actions and procedures.
    Single Action. A single presumed to conform action is defined as a 
presumed to conform action that is not connected or dependent on other 
actions and that has independent utility.\17\ For such actions, no 
general conformity evaluation or applicability analysis is required and 
BLM officials may simply document that the project action is presumed 
to conform on the basis of this Notice and the applicable project 
category.
---------------------------------------------------------------------------

    \17\ 40 CFR 1506.1(c)(1) and 1508.25(a), Council on 
Environmental Quality, Regulations for Implementing the Procedural 
Provisions of NEPA.
---------------------------------------------------------------------------

    Using the Presumed to Conform List and supporting calculation 
workbooks for this Notice meets the major intent of EPA's rationale for 
developing presumed to conform activities--to reduce the analysis 
burden for actions that have minimal or no direct or indirect 
emissions. By analyzing each project category in the BLM UGRB Presumed 
to Conform List and reporting the findings, the BLM has shown that the 
resulting emissions from each single presumed to conform action will 
typically be below the applicable emission thresholds.
    Combined Action. A combined action is defined as either: (1) 
Multiple presumed to conform actions that are connected to each other; 
or (2) one or more presumed to conform actions that are connected to 
one or more non-presumed to conform actions being evaluated under the 
environmental review requirements of NEPA. The Council on Environmental 
Quality defines connected actions as actions that are closely related 
involving, for example, interdependent parts of a larger action, 
dependence on a larger action for justification, or dependence on other 
actions taken previously or simultaneously.\18\
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    \18\ 40 CFR 1508.25(1).
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    Where there is a combined action, only one action specified on the 
BLM UGRB Presumed to Conform List may be excluded in calculating total 
direct and indirect emissions. The emissions from all the other actions 
that are not otherwise exempt must be calculated to determine the total 
emissions from the remaining actions.\19\ For example, the BLM may 
undertake a project with several connected actions that must be 
analyzed under NEPA. Several of those actions may individually be 
listed on the BLM UGRB Presumed to Conform List because those actions 
taken alone would typically have emissions below the threshold levels. 
To determine whether such a project requires a conformity 
determination, the BLM would exclude one presumed to conform action and 
then prepare an applicability analysis for the remaining actions. For 
example, an oil and gas operator could propose a project to install 
pipelines from existing well pads to a proposed new compressor station. 
In this example, only one proposed activity would be excluded using the 
Presumed to Conform List--either the pipeline installation or the 
construction activities for the compressor station. Emissions from the 
other activity would be calculated to determine if the remaining total 
emissions are still below the de minimis emission thresholds.
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    \19\ An allowance to this provision is discussed in the 
following paragraph.
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    The above procedures for combined actions allow the BLM to exclude 
the emissions from one presumed to conform action and to prepare an 
applicability analysis based upon the total direct and indirect 
emissions of the actions that are not otherwise exempt.\20\ Thus, in a 
combined action, the emissions from one presumed to conform action may 
be excluded from the calculation of total project emissions. The 
process could show that either the combined action (minus the one 
excluded presumed to conform action) would equal or exceed the emission 
thresholds and thus trigger a conformity determination, or that the 
combined action (minus the one excluded presumed to conform action) is 
below the emissions thresholds, in which case no further action would 
be required. In making this determination, the BLM may elect to apply 
the calculated emissions in the BLM UGRB Presumed to Conform List to 
determine the total emissions where applicable. BLM officials will 
decide which individual presumed to conform action is excluded if more 
than one is present in a combined action.\21\
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    \20\ Emissions from exempt actions are excluded in accordance 
with 40 CFR 93.152.
    \21\ Requirements and allowances for combined actions are based 
on interagency communications with the EPA.
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    The BLM has determined as a matter of policy to implement the BLM 
UGRB Presumed to Conform List with respect to combined actions by 
balancing considerations about project segmentation,\22\ connected 
actions

[[Page 96043]]

under NEPA,\23\ and the permitted exclusion of emissions attributable 
to presumed to conform actions under the General Conformity Rule. 
Regarding the latter, 40 CFR 93.152 states: ``The portion of emissions 
which are exempt or presumed to conform under Section 93.153(c), (d), 
(e), or (f) are not included in the total of direct and indirect 
emissions.'' Likewise, as stated in the preamble (58 FR 63233): ``The 
final rule requires the inclusion of the total direct and indirect 
emissions in the applicability and conformity determinations, except 
the portion of emissions which are exempt or presumed to conform.'' 
\24\
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    \22\ In the preamble to the General Conformity Rule, the EPA 
decided not to adopt its initial proposal to permit Federal agencies 
to use the NEPA concept of tiering and analyze actions in a staged 
manner in analyzing conformity. EPA explained, among other things: 
``[T]iering could cause the segmentation of projects for conformity 
analysis, which might provide an overall inaccurate estimate of 
emissions. The segmentation of projects for conformity analyses when 
emissions are reasonably foreseeable is not permitted by this 
rule.'' (58 FR 63240).
    \23\ 40 CFR 1508.7.
    \24\ The EPA gives as an example a Federal action that includes 
construction of a new industrial boiler project, that is exempt, and 
a separate office building. The emissions from the hypothetical 
boiler exceed de minimis levels however it is exempt and so the 
emissions are excluded. The emissions from the office building alone 
are below de minimis levels. As a result, the action as a whole does 
not need a conformity determination. (58 FR 63233).
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    The BLM will apply this definition to exclude emissions for single 
and multiple presumed to conform actions that are not connected to one 
another. BLM's procedures for combined actions offer a reasonable 
approach by placing a more conservative limit on the permitted 
exclusion of presumed to conform emissions than 40 CFR 93.152.

Documentation

    Documentation requirements for combined/multiple actions are 
typically greater than for single actions. For some projects with 
combined/multiple actions, the BLM may require that proponents submit a 
project-specific emissions inventory in lieu of using the Presumed to 
Conform list. This methodology is project-specific and more refined 
than quantifying the project emissions using the Presumed to Conform 
List emission estimates.
    Specifically, the methodology described above must be used if the 
project includes: (1) One or more presumed to conform actions that are 
connected to non-presumed to conform actions which are being evaluated 
under the environmental review requirements of NEPA; or (2) actions 
which are not supported by emissions quantification described elsewhere 
in the Notice. Consistent with the goal of reducing the analysis burden 
for presumed to conform actions, the BLM UGRB Presumed to Conform List 
may be used to document emissions for select activities in lieu of a 
project-specific emissions inventory if the activities are represented 
on the Presumed to Conform List.
    Also, where the emissions in the BLM UGRB Presumed to Conform List 
are based on specific project assumptions that vary from the project in 
question, the emissions in the list may be adjusted as described in the 
BLM Emissions Workbook if appropriate. In other words, the BLM UGRB 
Presumed to Conform List may be used if the project is a single action 
or if it is limited to multiple presumed to conform actions that are 
supported in the Notice.

Brian W. Davis,
Acting State Director.
[FR Doc. 2016-31631 Filed 12-28-16; 8:45 am]
 BILLING CODE 4310-22-P