This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

8250 

Vol. 80, No. 31 

Tuesday, February 17, 2015 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 490 

[FHWA Docket No. FHWA–2013–0053] 

RIN 2125–AF53 

National Performance Management 

Measures; Assessing Pavement 

Condition for the National Highway 

Performance Program and Bridge 

Condition for the National Highway 

Performance Program 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed rulemaking; 

extension of comment period. 

SUMMARY: The FHWA is extending the 

comment period for a notice of 

proposed rulemaking (NPRM) and 

request for comments, which was 

published on January 5, 2015, at 80 FR 

326. The original comment period is set 

to close on April 6, 2015. The extension 

is based on concern expressed by the 

American Association of State Highway 

and Transportation Officials (AASHTO) 

and the Oregon Department of 

Transportation (Oregon DOT) that as a 

result of the scope and complexity of 

the NPRM the April 6 closing date does 

not provide sufficient time to review 

and provide comprehensive comments. 

The FHWA recognizes that others 

interested in commenting may have 

similar concerns and agrees that the 

comment period should be extended. 

Therefore, the closing date for 

comments is changed to May 8, 2015, 

which will provide AASHTO, the 

Oregon DOT, and others interested in 

commenting additional time to discuss, 

evaluate, and submit responses to the 

docket. 

DATES: Comments must be received on 

or before May 8, 2015. 

ADDRESSES: Mail or hand deliver 

comments to the U.S. Department of 

Transportation, Dockets Management 

Facility, 1200 New Jersey Avenue SE., 

Washington, DC 20590, or submit 

electronically at http:// 

www.regulations.gov. All comments 

should include the docket number that 

appears in the heading of this 

document. All comments received will 

be available for examination and 

copying at the above address from 8:00 

a.m. to 4:30 p.m., e.t., Monday through 

Friday, except Federal holidays. Those 

desiring notification of receipt of 

comments must include a selfaddressed, stamped postcard or may 

print the acknowledgment page that 

appears after submitting comments 

electronically. Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70, Pages 19477–78) or you 

may visit http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Francine Shaw Whitson, Office of 

Infrastructure, (202) 366–8028, or Anne 

Christenson, Office of Chief Counsel, 

(202) 366–1356, Federal Highway 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. Office hours are from 8:00 a.m. to 

4:30 p.m. e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

You may submit or access all 

comments received by DOT online 

through: http://www.regulations.gov. 

Electronic submission and retrieval help 

and guidelines are available on the Web 

site. It is available 24 hours each day, 

365 days each year. Please follow the 

instructions. An electronic copy of this 

document may also be downloaded 

from the Federal Register’s home page 

at: http://www.federalregister.gov. 

Background 

Section 150 of title 23, U.S.C., 

identifies the national transportation 

goals and requires the Secretary by rule 

to establish performance measures in 

specified Federal-aid highway program 

areas. On January 5, 2015, FHWA 

published in the Federal Register an 

NPRM proposing to establish measures 

for State Departments of Transportation 

(State DOTs) to use to carry out the 

National Highway Performance Program 

(NHPP) and to assess the condition of 

the following: pavements on the 

National Highway System (NHS) 

(excluding the Interstate System), 

bridges on the NHS, and pavements on 

the Interstate System. The NHPP is a 

core Federal-aid highway program that 

provides support for the condition and 

performance of the NHS and the 

construction of new facilities on the 

NHS, and ensures that investments of 

Federal-aid funds in highway 

construction are directed to support 

progress toward the achievement of 

performance targets established in a 

State’s asset management plan for the 

NHS. The NPRM proposed regulations 

for the new performance aspects of the 

NHPP, which address: measures, targets, 

and reporting. 

The original comment period for the 

NPRM closes on April 6, 2015. The 

AASHTO and the Oregon DOT have 

expressed concern that this closing date 

does not provide sufficient time to 

review and provide comprehensive 

comments on the proposal. The FHWA 

recognizes that others interested in 

commenting may have similar concerns 

and agrees that the comment period 

should be extended. To allow time for 

this organization and others to submit 

comprehensive comments, the closing 

date is changed from April 6, 2015, to 

May 8, 2015. 

Authority: 23 U.S.C. 104(b)(1), 119, and 

150. 

Issued on: February 9, 2015. 

Gregory G. Nadeau, 

Acting Administrator, Federal Highway 

Administration. 

[FR Doc. 2015–03138 Filed 2–13–15; 8:45 am] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0087; FRL–9923–02– 

Region 9] 

Revision of Air Quality Implementation 

Plan; California; South Coast Air 

Quality Management District; 

Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules 8251 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP) that pertains to SCAQMD 

Rule 1325: Federal PM2.5 New Source 

Review Program, submitted on 

December 29, 2014. SCAQMD adopted 

Rule 1325 to meet the Clean Air Act 

(CAA) part D requirements for 

emissions of PM2.5 from stationary 

sources. 

DATES: Written comments must be 

received on or before March 19, 2015. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2015–0087, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. Email: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (AIR– 

3), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901. 

Deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Docket: EPA has established a docket 

for this action under EPA–R09–OAR– 

2015–0087. Generally, documents in the 

docket for this action are available 

electronically at http://

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are generally 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps), 

and some may not be publicly available 

in either location (e.g., CBI). To inspect 

the hard copy materials, please schedule 

an appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section 

below. 

FOR FURTHER INFORMATION CONTACT: La 

Weeda Ward, by phone: (213) 244–1812 

or by email at ward.laweeda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. What is the purpose of the submitted 

rule? 

II. EPA’s Evaluation 

A. What is the background for today’s 

proposal? 

B. How is EPA evaluating the rule? 

C. Does the rule meet the evaluation 

criteria? 

III. Proposed Action and Public Comment 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the date that it was 

adopted by the local air agency and 

submitted by CARB. 

TABLE 1—SUBMITTED RULE

Local agency Rule # Rule title Adopted/

amended Submitted 

SCAQMD .................................... 1325 Federal PM2.5 New Source Review Program ................................. 12/05/14 12/29/14 

On December 29, 2014, CARB 

submitted an amended rule, SCAQMD 

Rule 1325: Federal PM2.5 New Source 

Review Program to EPA for approval as 

a revision to the SCAQMD portion of 

the California SIP. 

On January 30, 2015, CARB’s 

December 29, 2014 submittal of Rule 

1325 was deemed to meet the 

completeness criteria in 40 CFR part 51, 

appendix V, which must be met before 

formal EPA review. The submittal 

includes evidence of public notice and 

adoption of the regulation. Our 

technical support document (TSD) 

provides additional background 

information on our evaluation of Rule 

1325. 

B. What is the purpose of the submitted 

rule? 

SCAQMD Rule 1325 addresses 

Nonattainment New Source Review 

(NNSR) permit requirements for major 

sources of PM2.5. The NNSR 

requirements under part D of the CAA 

apply to ‘‘major stationary sources’’ and 

‘‘major modifications’’ as those terms 

are defined in 40 CFR part 

51.165(a)(1)(iv) and (v). The purpose of 

this proposed rulemaking is to present 

our evaluation under the CAA and 

EPA’s regulations. We provide our 

reasoning in general terms below but 

provide a more detailed analysis in our 

TSD, which is available in the docket 

for this proposed rulemaking. 

II. EPA’s Evaluation 

A. What is the background for today’s 

proposal? 

Part D of title I of the Act contains the 

requirements for areas designated 

‘‘nonattainment’’ for any of the national 

ambient air quality standards (NAAQS). 

Part D requires pre-construction permit 

programs for certain new or modified 

stationary sources located in 

nonattainment areas. 42 U.S.C. 

7502(c)(5). 

On July 18, 1997, EPA established 24- 

hour and annual NAAQS for PM2.5 (62 

FR 38652). On January 5, 2005 (70 FR 

944), EPA designated portions of the 

South Coast Air Basin as nonattainment 

for the 1997 24-hour and annual PM2.5

standards (40 CFR 81.305). On 

December 9, 2014, EPA proposed to find 

that the South Coast Air Basin had 

attained the 1997 24-hour and annual 

PM2.5 NAAQS (79 FR 72999). 

EPA has revised the NAAQS for PM2.5

on two occasions since the 1997 

promulgation. On October 17, 2006, the 

24-hour PM2.5 primary standard was 

strengthened (71 FR 61144) and on 

January 15, 2013, the annual primary 

standard for PM2.5 was strengthened (78 

FR 3086). On November 13, 2009, EPA 

designated the South Coast Air Basin as 

nonattainment for the 2006 24-hour 

PM2.5 standard (74 FR 58688). On 

February 13, 2013, SCAQMD submitted 


tkelley on DSK3SPTVN1PROD with PROPOSALS
8252 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules 

1United Stated Environmental Protection Agency 

Memorandum from John S. Seitz, Director, Office of 

Air Quality Planning & Standards, Director to 

Regional Air Division Directors, ‘‘Interim 

Implementation of New Source Review 

Requirements for PM2.5,’’ October 23, 1997. 

2United States Environmental Protection Agency 

Memorandum from Stephen D. Page, Director to 

Regional Air Division Directors, ‘‘Implementation of 

New Source Review Requirements in PM2.5

Nonattainment Areas,’’ April 5, 2005. 

3 73 FR 28321 (May 16, 2008). 

4 73 FR at 28321. 

5 706 F.3d 428 (D.C. Cir. 2013). 

6 Identification of Nonattainment Classification 

and Deadlines for Submission of State 

Implementation Plan (SIP) Provisions for the 1997 

Fine Particle (PM2.5) National Ambient Air Quality 

Standard (NAAQS) and 2006 PM2.5 NAAQS; 79 FR 

31566, June 2, 2014. 

7CAA section 110(l) requires SIP revisions to be 

subject to reasonable notice and public hearing 

prior to adoption and submittal by States to EPA 

and prohibits EPA from approving any SIP revision 

that would interfere with any applicable 

requirement concerning attainment and reasonable 

further progress, or any other applicable 

requirement of the CAA. 

a plan to provide for attainment of the 

2006 24-hour PM2.5 standard in the 

South Coast Air Basin. 

Following promulgation of the PM2.5

standards, EPA issued two guidance 

documents pertaining to the regulation 

of PM2.5 emissions. The first document 

issued in 1997 (Seitz Memo) stated that 

sources were allowed to use 

implementation of a PM10 permit 

program as a surrogate for meeting PM2.5

PSD requirements until certain 

technical difficulties were resolved, 

primarily the lack of necessary tools to 

calculate the emissions of PM2.5 and 

related precursors, the lack of adequate 

modeling techniques to project ambient 

impacts, and the lack of PM2.5

monitoring sites.1 The second document 

(Page Memo) was issued in 2005 on the 

same date that the 1997 PM2.5

designations became effective and 

provided guidance on the 

implementation of the NNSR provisions 

in PM2.5 nonattainment areas for an 

interim period between the effective 

date of the designations (April 5, 2005) 

and the promulgation date of final 

NNSR regulations.2 As reflected in the 

Page Memo, States were allowed to use 

their existing PM10 NNSR program as a 

surrogate to address the requirements of 

a NNSR program for PM2.5. Therefore, 

districts such as the SCAQMD, which 

have a SIP approved NNSR program for 

PM10, were not required to submit a 

NNSR rule for emissions of PM2.5 at that 

time. 

On May 16, 2008, EPA published its 

final rule pertaining to PM2.5

implementation requirements entitled 

‘‘Implementation of New Source Review 

(NSR) Program for Particulate Matter 

Less Than 2.5 Micrometers (PM2.5)’’ (the 

2008 NSR PM2.5 Rule),3 which 

promulgated NSR requirements for 

implementation of PM2.5 in both 

nonattainment areas (NNSR) and 

attainment/unclassifiable areas (PSD). 

With respect to NNSR, this 2008 final 

rule established the major source 

threshold, significant emissions rate, 

offset ratios for PM2.5, interpollutant 

offset trading requirements, and 

applicability of NNSR to PM2.5

precursors. Promulgation of the 2008 

PM2.5 NNSR Rule ended application of 

the PM10 surrogacy policy under the 

Page Memo for NNSR permitting. 

Because it takes time for a local 

permitting agency to revise its rules to 

include all of the new NNSR program 

requirements, EPA’s regulations provide 

in 40 CFR 52.24(k) that the Emission 

Offset Interpretative Ruling, contained 

in 40 CFR part 51, Appendix S shall 

govern applications for permits to 

construct and operate during the period 

between the date of designation as 

nonattainment and the date a NNSR 

permitting program meeting the 

requirements of part D of the CAA is 

approved into the SIP.4 The 2008 NSR 

PM2.5 Rule therefore codified revisions 

to Appendix S for states that lacked a 

NNSR program covering PM2.5. 

Therefore, new and modified major 

sources of PM2.5 emissions locating in 

SCAQMD are subject to the provisions 

of Appendix S until our final approval 

of Rule 1325, which SCAQMD adopted 

to implement the requirements of EPA’s 

2008 PM2.5 NSR implementation rule. 

Once approved into the SIP, Rule 1325 

will replace the current Appendix S 

PM2.5 New Source Review requirements. 

On January 4, 2013, the U.S. Court of 

Appeals for the District of Columbia 

Circuit, in Natural Resources Defense 

Council v. EPA,5 issued a decision that 

remanded the EPA’s 2007 and 2008 

rules implementing the 1997 PM2.5

NAAQS. The court found that EPA 

erred in implementing the PM2.5

NAAQS in these rules solely pursuant 

to the general implementation 

provisions of subpart 1 of part D of title 

I of the CAA, rather than pursuant to the 

additional implementation provisions 

specific to particulate matter 

nonattainment areas in subpart 4. The 

court ordered the EPA to ‘‘repromulgate 

these rules pursuant to Subpart 4 

consistent with this opinion.’’ 706 F.3d 

428, 437. On June 2, 2014, EPA finalized 

a rule that provides a response, in part, 

to the NRDC v. EPA remand.6 The rule 

initially classifies all nonattainment 

areas as moderate and sets a deadline of 

December 31, 2014, for states to submit 

‘‘remaining required SIP submissions 

for [nonattainment] areas, pursuant to 

and considering the application of 

subpart 4’’. Under subpart 4, the only 

additional requirement for a NNSR 

program is to ensure all control 

requirements applicable to PM2.5 major 

sources also apply to PM2.5 precursors, 

except where the Administrator 

determines that such sources do not 

contribute significantly to PM2.5 levels 

which exceed the standard in the area. 

(CAA section 189(e)) 

The SCAQMD’s current NNSR 

program for emissions of pollutants 

other than PM2.5 regulates new and 

modified stationary sources of 

emissions through a series of rules in its 

Regulation XIII. The rules contained in 

Regulation XIII prescribe preconstruction review requirements for 

new and modified facilities, to ensure 

that the facility operations do not 

interfere with progress towards attaining 

ambient air quality standards. With the 

adoption of Rule 1325, SCAQMD 

provides a rule intended to specifically 

regulate PM2.5 emissions in accordance 

with requirements of 40 CFR 51.165 and 

the CAA. 

B. How is EPA evaluating the rule? 

EPA reviewed Rule 1325: Federal 

PM2.5 New Source Review Program for 

compliance with: (1) The CAA 

requirements for SIPs in general as set 

forth in CAA section 110(a)(2); (2) the 

requirements related to SIP revisions in 

CAA sections 110(l) 7 and 193; (3) the 

requirements for stationary source 

preconstruction permitting programs in 

CAA section 173(a) through (c) of 

subpart 1 and section 189 of subpart 4; 

(4) requirements related to the review 

and modification of major sources in 40 

CFR part 51.165. 

C. Does the rule meet the evaluation 

criteria? 

With respect to procedural 

requirements, CAA sections 110(a)(2) 

and 110(l) require that revisions to a SIP 

be adopted by the State after reasonable 

notice and public hearing. EPA has 

promulgated specific procedural 

requirements for SIP revisions in 40 

CFR part 51, subpart V. These 

requirements include publication of 

notices, by prominent advertisement in 

the relevant geographic area, a public 

hearing or notice of an opportunity for 

a public hearing on the proposed 

revisions, and a public comment period 

of at least 30 days. 

Based on our review of the public 

process documentation included in the 

December 29, 2014 submittal, we find 

that SCAQMD has provided sufficient 

evidence of public notice and 

opportunity for comment and a public 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules 8253 

hearing prior to adoption and submittal 

of these rules to EPA. 

For Section 193 of the Act, which was 

added by the Clean Air Act 

Amendments of 1990, that provision 

includes a savings clause providing in 

pertinent part: ‘‘No control requirement 

in effect, or required to be adopted by 

an order, settlement agreement, or plan 

in effect before November 15, 1990, in 

any area which is a nonattainment area 

for any air pollutant may be modified 

after November 15, 1990, in any manner 

unless the modification insures 

equivalent or greater emission 

reductions of such air pollutant.’’ Since 

PM2.5 is a new NAAQS, there are no 

existing PM2.5 control requirements that 

would be subject to the provisions of 

Section 193 of the CAA. Therefore, for 

the purposes of our analysis of Rule 

1325, we find that Section 193 of the 

CAA does not apply to this action. 

Rule 1325 includes revisions to 

SCAQMD’s NNSR program consistent 

with CAA sections 173 and 189, and 40 

CFR 51.165. Specifically, Rule 1325 

includes the PM2.5 emission rates that 

define major source and major 

modification thresholds, regulation of 

direct PM2.5 and certain PM2.5

precursors (SO2 and NOX), and the 

emissions offset requirements. 

CAA subpart 4 includes section 

189(e), which requires the control of 

major stationary sources of PM10

precursors (and hence under the court 

decision, PM2.5 precursors) ‘‘except 

where the Administrator determines 

that such sources do not contribute 

significantly to PM10 levels which 

exceed the standard in the area.’’ Rule 

1325(b)(8) provides a definition of 

Precursors that only includes SO2 and 

NOX and excludes VOC and ammonia 

emissions as precursors to PM2.5. The 

SCAQMD regulates VOC emissions 

pursuant to Regulation XIII, requiring 

federal Lowest Achievable Emission 

Rate (LAER) controls and offsets at 

emission thresholds significantly lower 

than required for a PM2.5 precursor. 

Therefore we are proposing to find that 

Regulation XIII already satisfies the 

section 189(e) requirement for VOC and 

it is not necessary to include VOC as a 

precursor in Rule 1325. The SCAQMD 

requires LAER but not offsets for 

ammonia emissions in Regulations XIII. 

However, as allowed by CAA section 

189(e), the SCAQMD has provided 

additional information in its staff report 

and other documents in our docket 

demonstrating major stationary sources 

of ammonia emissions do not contribute 

significantly to PM2.5 levels that exceed 

the standard in the South Coast Air 

Basin. Please refer to our TSD for a 

detailed discussion of this issue. 

With respect to substantive 

requirements found in CAA sections 

173 and 189, and 40 CFR 51.165, we 

have evaluated SCAQMD Rule 1325 in 

accordance with the CAA and 

regulatory requirements that apply to 

NNSR permit programs under part D of 

title I of the Act. We find that Rule 1325 

satisfies the applicable requirements for 

a NNSR permit program and would 

strengthen the applicable SIP. We are 

therefore proposing a full approval of 

the submitted rule. Our TSD, which can 

be found in the docket for this rule, 

contains a more detailed evaluation and 

discussion of the approval criteria. 

III. Proposed Action and Public 

Comment 

Pursuant to section 110(k)(3) of the 

CAA and for the reasons provided 

above, EPA is proposing to approve 

SCAQMD Rule 1325. For the reasons 

stated above and explained further in 

our TSD, we find that SCAQMD Rule 

1325 satisfies the applicable CAA and 

regulatory requirements for a NNSR 

permit program under CAA section 

110(a)(2)(C) and part D of title I of the 

Act. Rule 1325 strengthens the SIP by 

adding PM2.5 permit major source 

requirements. 

We will accept comments from the 

public on this proposed approval for the 

next 30 days. 

IV. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

SCAQMD Rule 1325—Federal PM2.5

New Source Review Program which is 

discussed in section I.A. of this 

preamble. The EPA has made, and will 

continue to make, this document 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not interfere with Executive 

Order 12898 (59 FR 7629 (Feb. 16, 

1994)) because EPA lacks the 

discretionary authority to address 

environmental justice in this 

rulemaking. 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate Matter, Reporting and 

recordkeeping requirements. 

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

Dated: February 5, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2015–03058 Filed 2–13–15; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with PROPOSALS