40954 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 

provisions of the South Dakota Legal 

Code regarding variances. It also 

includes a change to 74:36:20:05 to 

ensure air pollution dispersion 

modeling used to determine compliance 

with that requirement is performed in 

accordance with 40 CFR part 51, 

Appendix W to July 1, 2012. 

74:36:21 (Regional Haze Program) 

EPA is proposing to approve changes 

in this section, which update the date of 

incorporation by reference of the federal 

regulations to July 1, 2012. 

IV. Proposed Clarification of January 

29, 2015 Final Action 

Under CAA sections 110(a)(1) and (2), 

states are required to submit 

infrastructure SIPs to ensure their SIPs 

provide for implementation, 

maintenance, and enforcement of the 

NAAQS. As noted, on January 29, 2015, 

EPA took final action on the 

infrastructure submittals which 

addressed several different NAAQS 

from the State of South Dakota. (80 FR 

4799). As part of the January 29, 2015 

action, EPA approved South Dakota’s 

1997 PM2.5 NAAQS interstate transport 

infrastructure sub-element (CAA section 

110(a)(2)(D)(i)(II)). However, EPA had 

already approved this sub-element in a 

final rulemaking on May 8, 2008. (73 FR 

26019, effective July 7, 2008). Therefore, 

in this action EPA is proposing to clarify 

that no action was required on this subelement for this NAAQS in the January 

29, 2015 approval of CAA section 

110(a)(2)(D)(i)(II) for the 1997 PM2.5

NAAQS and the effective date of 

approval remains July 7, 2008. 

V. Summary of Proposed Action 

In this proposed rulemaking, we are 

proposing approval of most remaining 

portions of South Dakota’s July 29, 2013 

submittal as outlined in section III. 

above and in the crosswalk table located 

in the docket. We are proposing not to 

take action on certain portions of this 

submittal as described in section III. 

Finally, we are proposing to clarify our 

January 29, 2015 final action (80 FR 

4799) regarding the effective date of 

approval for South Dakota’s SIP 

regarding CAA section 110(a)(2)(D)(i)(II) 

for the 1997 PM2.5 NAAQS. 

VI. 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 the 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the rules in ARSD 74:36 submitted by 

South Dakota for action which are 

identified within this notice of proposed 

rulemaking. The EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this rule’s 

preamble for more information). 

VII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

state actions, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely approves state law provisions as 

meeting federal requirements and does 

not propose 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not proposed to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: June 25, 2015. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2015–17257 Filed 7–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0626; FRL–9930–26- 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Revisions to the Particulate Matter 

Less Than 2.5 Micrometers (PM2.5) 

Prevention of Significant Deterioration 

(PSD) Permitting Program State 

Implementation Plan (SIP) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

portions of two revisions to the New 

Mexico SIP for the permitting of PM2.5

emissions submitted on May 23, 2011, 

and August 6, 2014. Together, these 

submittals revise the New Mexico PSD 

program to be consistent with the 

federal PSD regulations regarding the 

use of a significant impact level (SIL) or 

significant monitoring concentration 

(SMC) for PM2.5 emissions. We are 

proposing to approve these SIP 

revisions to regulate PM2.5 emissions in 

accordance with requirements of section 

110 and part C of the Clean Air Act. 

DATES: Written comments must be 

received on or before August 13, 2015. 


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Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40955 

ADDRESSES: Comments may be mailed to 

Ms. Adina Wiley, Air Planning Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Ste. 1200, 

Dallas, TX 75202–2733. Comments may 

also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley, 214–665–2115, 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittals as a direct rule without 

prior proposal because the Agency 

views this as noncontroversial submittal 

and anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

relevant adverse comments are received 

in response to this action no further 

activity is contemplated. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: June 30, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–17059 Filed 7–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0345; FRL–9929–59– 

Region 9] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). This revision concerns 

volatile organic compound (VOC) 

emissions from graphic arts facilities. 

The EPA is proposing to approve a local 

rule to regulate these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: Any comments on this proposal 

must arrive by August 13, 2015. 

ADDRESSES: Submit comments, 

identified by docket number [EPA–R09– 

OAR–2015–345, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

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 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and the 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 the EPA, your email 

address will be automatically captured 

and included as part of the public 

comment. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

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. 

FOR FURTHER INFORMATION CONTACT: 

Vanessa Graham, EPA Region IX, (415) 

947–4120, graham.vanessa@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rule: SCAQMD 1130, Graphic Arts. In 

the Rules and Regulations section of this 

Federal Register, the EPA is approving 

this local rule in a direct final action 

without prior proposal because the EPA 

believes this SIP revision is not 

controversial. If the EPA receives 

adverse comments, however, the EPA 

will publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. 

The EPA does not plan to open a 

second comment period, so anyone 

interested in commenting should do so 

at this time. If the EPA does not receive 

adverse comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: June 9, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2015–17062 Filed 7–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0241; FRL–9930–34– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Low Emissions Vehicle 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve two 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Maryland for the purpose of amending 

Maryland’s prior approved Low 

Emission Vehicles (LEV), or Clean Car 

Program. Maryland adopted California’s 

emission standards applicable to newly 

manufactured light and medium-duty 

motor vehicles in 2007, effective 

beginning with 2011 and newer vehicles 

sold in Maryland. EPA approved 

Maryland’s Clean Car Program in prior 

SIP approval rulemakings. However, 

since then California revised its LEV 

program regulations on several 

occasions, and Maryland subsequently 

amended its own rules to be consistent 

with those of California. Maryland then 

submitted these regulatory amendments 

to EPA as a revision to its SIP. Maryland 

submitted two such Clean Car Program 

SIP revisions in July 2014 and April 

2015. 

In the Final Rules section of this 

Federal Register, EPA is approving the 


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