Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Proposed Rules 51923 

addressed, 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: For 

the FHWA: Mr. Harlan W. Miller, 

Planning Oversight and Stewardship 

Team (HEPP–10), (202) 366–0847; or 

Ms. Anne Christenson, Office of the 

Chief Counsel (HCC–30), (202) 366– 

1356. For the FTA: Ms. Sherry Riklin, 

Office of Planning and Environment, 

(202) 366–5407; Mr. Dwayne Weeks, 

Office of Planning and Environment, 

(202) 493–0316; or Mr. Christopher Hall, 

Office of Chief Counsel, (202) 366–5218. 

Both agencies are located at 1200 New 

Jersey Avenue SE., Washington, DC 

20590. Office hours are from 8:00 a.m. 

to 4:30 p.m., e.t. for FHWA, and 9 a.m. 

to 5:30 p.m., e.t. for FTA, 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 

On June 2, 2014, FHWA and FTA 

published in the Federal Register an 

NPRM proposing changes revisions to 

the regulations governing the 

development of metropolitan 

transportation plans and programs for 

urbanized areas, State transportation 

plans and programs, and the congestion 

management process. The changes 

reflect recent passage of the Moving 

Ahead for Progress in the 21st Century 

Act (MAP–21). The MAP–21 continues 

many provisions related to 

transportation planning from prior laws; 

however, it introduces transformational 

changes and adds some new provisions. 

The proposed rule would make the 

regulations consistent with current 

statutory requirements and proposes the 

following: A new mandate for State 

departments of transportation (States) 

and metropolitan planning 

organizations (MPO) to take a 

performance-based approach to 

planning and programming; a new 

emphasis on the nonmetropolitan 

transportation planning process, by 

requiring States to have a higher level of 

involvement with nonmetropolitan local 

officials and providing a process for the 

creation of regional transportation 

planning organizations; a structural 

change to the membership of the larger 

MPOs; a new framework for voluntary 

scenario planning; revisions to the 

integration of the planning and 

environmental review process; and a 

process for programmatic mitigation 

plans. 

The original comment period for the 

NPRM closes on September 2, 2014. The 

AASHTO has expressed concern that 

this closing date does not provide 

sufficient time to review and provide 

comprehensive comments on the 

NPRM. 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 September 2, 2014, 

to October 2, 2014. 

Authority: 23 U.S.C. 134 and 135; 42 

U.S.C. 7410 et seq.; 49 U.S.C. 5303 and 5304; 

49 CFR 1.85 and 1.90. 

Issued in Washington, DC, on August 27, 

2014, under authority delegated in 49 CFR 

1.85 and 1.91. 

Gregory G. Nadeau, 

Acting Administrator, Federal Transit 

Administration. 

Therese W. McMillan, 

Acting Administrator. 

[FR Doc. 2014–20885 Filed 8–28–14; 4:15 pm] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0450; FRL–9916–05– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; Arizona; 

Nogales Nonattainment Area; Fine 

Particulate Matter Emissions 

Inventories 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Arizona State 

Implementation Plan (SIP) concerning 

2008 and 2010 emissions inventories for 

the 2006 24-hour fine particle (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS) for the Nogales PM2.5

nonattainment area. We are approving 

these annual emissions inventories 

under the Clean Air Act (CAA or the 

Act). 

DATES: Any comments must arrive by 

October 2, 2014. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0450, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-Mail: wamsley.jerry@epa.gov. 

3. Mail or Deliver: Jerry Wamsley (Air2), 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 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. 

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 

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51924 Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Proposed Rules 

1For a given air pollutant, ‘‘primary’’ national 

ambient air quality standards are those determined 

by EPA as requisite to protect the public health, and 

‘‘secondary’’ standards are those determined by 

EPA as requisite to protect the public welfare from 

any known or anticipated adverse effects associated 

with the presence of such air pollutant in the 

ambient air. See CAA section 109(b). 

2The Nogales PM2.5 nonattainment area covers 

76.1 square miles and is located in southern Santa 

Cruz County, Arizona adjacent to the international 

border with Mexico. 

3 40 CFR 51.1008(a)(2) and (b) do not apply for 

the Nogales area because they relate to requirements 

for attainment demonstrations and reasonable 

further progress (RFP); these requirements were 

suspended for the Nogales PM2.5 nonattainment 

area so long as the area continues to meet the PM2.5

standard. For further discussion of our Clean Data 

Policy as applied to the Nogales area, refer to our 

proposed rule (77 FR 65656, October 30, 2012) and 

final rule (78 FR 887, January 7, 2013). 

4Although the U.S. Court of Appeals for the 

District of Columbia (D.C. Circuit) recently 

remanded this rule and directed EPA to repromulgate it pursuant to subpart 4 of part D, title 

1 of the CAA (see Natural Resources Defense 

Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013)), the 

court’s ruling in this case does not affect EPA’s 

action on these emissions inventories. Subpart 4 of 

part D, title I of the Act contains no specific 

provision governing emissions inventories for PM10

or PM2.5 nonattainment areas that supersedes the 

general emissions inventory requirement for all 

nonattainment areas in CAA section 172(c)(3). See 

‘‘State Implementation Plans; General Preamble for 

the Implementation of Title I of the Clean Air Act 

Amendments of 1990,’’ 57 FR 13498, (April 16, 

1992). 

5See letter from Eric Massey, Director, Air 

Quality Division, ADEQ to Jared Blumenfeld, 

Regional Administrator, USEPA, dated September 

6, 2013 and enclosure titled ‘‘Arizona State 

Implementation Plan Revision for the Nogales PM2.5

Nonattainment Area’’. Included within Appendix A 

of this document is ‘‘Primary PM2.5 and Secondary 

Precursor Emissions Inventories for 2008 and 

2010,’’ July 26, 2013, Arizona Department of 

Environmental Quality (ADEQ), hereafter referred 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Wamsley, EPA Region IX, (415) 947– 

4111, wamsley.jerry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

A. PM2.5 NAAQS 

B. Designation of PM2.5 Nonattainment 

Areas 

C. Submittal Requirements for PM2.5

Nonattainment Areas 

II. Procedural Requirements for SIP Revisions 

A. Submittal for the Nogales 

Nonattainment Area 

III. Analysis of Arizona’s Submittal 

A. Nogales Area Emissions Inventories 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

A. PM2.5 NAAQS 

Under section 109 of the CAA, EPA 

establishes national ambient air quality 

standards (NAAQS or ‘‘standards’’) for 

certain pervasive air pollutants (referred 

to as ‘‘criteria pollutants’’) and conducts 

periodic reviews of the NAAQS to 

determine whether they should be 

revised or whether new NAAQS should 

be established. 

On July 18, 1997, EPA revised the 

NAAQS for particulate matter to add 

new standards for fine particles, using 

PM2.5 (particles less than or equal to 2.5 

micrometers in diameter) as the 

indicator for the pollutant. EPA 

established primary and secondary 

annual and 24-hour standards for PM2.5

(62 FR 38652).1 The annual standard 

was set at 15.0 micrograms per cubic 

meter (mg/m3), based on a 3-year average 

of annual mean PM2.5 concentrations, 

and the 24-hour standard was set at 65 

mg/m3, based on the 3-year average of 

the 98th percentile of 24-hour PM2.5

concentrations at each populationoriented monitor within an area. 

On October 17, 2006, EPA revised the 

level of the 24-hour PM2.5 NAAQS to 35 

mg/m3, based on a 3-year average of the 

98th percentile of 24-hour 

concentrations (71 FR 61144). In this 

same action, EPA also retained the 1997 

annual PM2.5 standard at 15.0 mg/m3

based on a 3-year average of annual 

mean PM2.5 concentrations, but with 

tighter constraints on the spatial 

averaging criteria. 

B. Designation of PM2.5 Nonattainment 

Areas 

Effective December 14, 2009, EPA 

established the initial air quality 

designations for most areas in the 

United States for the 2006 24-hour PM2.5

NAAQS (74 FR 58688, November 13, 

2009). Among the various areas 

designated in 2009, EPA designated the 

Nogales area in Arizona as 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS.2 The boundaries for this 

area are described in 40 CFR 81.303. 

C. Submittal Requirements for PM2.5

Nonattainment Areas 

Section 172(c)(3) of the CAA requires 

a state with an area designated as 

nonattainment of a standard to submit a 

comprehensive, accurate, and current 

inventory of actual emissions for the 

nonattainment area for EPA’s review 

and approval. EPA’s requirements for an 

emissions inventory for the PM2.5

NAAQS are set forth in 40 CFR 

51.1008.3 4 As applied to the 2006 PM2.5

24-hour NAAQS, this proposal is 

limited to the emissions inventories for 

directly emitted PM2.5 and PM2.5

precursors submitted by the Arizona 

Department of Environmental Quality 

(ADEQ) for the Nogales nonattainment 

area, as required under section 172(c)(3) 

of the CAA. 

On January 7, 2013, EPA finalized a 

determination that the Nogales 

nonattainment area had attained the 

2006 24-hour PM2.5 NAAQS (78 FR 

887). This determination of attainment 

was based upon complete, qualityassured, and certified ambient air 

monitoring data showing that the 

Nogales nonattainment area had 

monitored attainment of the 2006 24- 

hour PM2.5 NAAQS over three years, 

from 2009 to 2011. Based on this 

determination, the requirements for 

Arizona to submit an attainment 

demonstration, reasonably available 

control measures, a reasonable further 

progress (RFP) plan, and contingency 

measures for failure to meet RFP and 

attainment deadlines were suspended 

for so long as the Nogales area continues 

to attain the 2006 24-hour PM2.5

NAAQS. The emissions inventory 

submittal requirement in CAA section 

172(c)(3), however, is not suspended by 

our determination of attainment. 

Consequently, Arizona has submitted 

the Nogales area emissions inventories 

to address the 172(c)(3) requirement. 

Please see our October 30, 2012 

proposed rule for further discussion of 

EPA’s Clean Data Policy and its 

application to the Nogales 

nonattainment area (77 FR 65656). 

II. Procedural Requirements for SIP 

Revisions 

Sections 110(a)(1) and 110(l) of the 

Act require states to provide reasonable 

notice and public hearing prior to 

adoption of SIP revisions. Section 

110(k)(1)(B) requires EPA to determine 

whether a SIP submittal is complete 

within 60 days of receipt, but no later 

than 6 months after the date of the 

submittal. Any state submittal that we 

have not determined to be complete or 

incomplete will become complete by 

operation of law six months after the 

day of submittal. A finding of 

completeness does not approve the 

submittal as part of the SIP and it does 

not indicate that the submittal is 

approvable. A completeness finding 

starts a twelve month clock for EPA to 

act on the SIP submittal. See CAA 

section 110(k)(2). 

A. Submittal for the Nogales 

Nonattainment Area 

On September 6, 2013, Arizona 

submitted the 2008 and 2010 PM2.5

emissions inventories for the Nogales 

nonattainment area titled ‘‘Arizona State 

Implementation Plan Revision for the 

Nogales PM2.5 Nonattainment Area’’.5

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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Proposed Rules 51925 

to as Appendix A. Because much of the detailed 

emissions inventory information and analyses for 

the submittal document are located within 

Appendix A, this document is the substantive focus 

of this proposal. 

6A public hearing was conducted on September 

3, 2013 after 30 days prior notice. See Enclosure 4 

of the submittal for public notice documentation 

and public hearing transcripts. 7Emissions Inventory Guidance for 

Implementation of Ozone and Particulate Matter 

National Ambient Air Quality Standards (NAAQS) 

and Regional Haze Regulations, EPA-454-/R-05-001, 

August 2005, updated November 2005. 

http://www.epa.gov/ttn/chief/eidocs/eiguid/

eiguidfinal_nov2005.pdf. 

Arizona’s submittal provides 

documentation of the public review 

process followed by the State prior to 

submitting the emissions inventories to 

EPA. The documentation provides 

evidence that reasonable notice of a 

public hearing was provided to the 

public and that a public hearing was 

conducted prior to submittal.6 Arizona’s 

submittal of the Nogales nonattainment 

area emissions inventories became 

complete by operation of law on March 

6, 2014. 

Based on the documentation provided 

in Arizona’s SIP revision submittal, we 

find that the Nogales area emissions 

inventories satisfies the procedural 

requirements of sections 110(a)(1) and 

110(l) of the Act for revising SIPs. 

III. Analysis of Arizona’s Submittal 

Section 172(c)(3) of the CAA requires 

states to submit a comprehensive, 

accurate, and current inventory of actual 

emissions for each nonattainment area. 

EPA’s requirements for an emissions 

inventory for the PM2.5 NAAQS are set 

forth in 40 CFR 51.1008. For the PM2.5

NAAQS, the pollutants to be 

inventoried are PM2.5 and PM2.5

precursors (i.e., nitrogen oxides (NOX), 

volatile organic compounds (VOCs), 

sulfur dioxide (SO2), and ammonia 

(NH3)).7

A. Nogales Area Emissions Inventories 

Arizona’s submitted Nogales area 

emissions inventories provide annual 

2008 and 2010 emissions estimates (tons 

per year) for PM2.5 and PM2.5 precursors 

(i.e., NOX, VOCs, SO2, and NH3). The 

source categories include non-road 

mobile sources, non-point sources, onroad mobile sources, and point or 

stationary sources. A summary of the 

Nogales area emissions inventories are 

provided below in Tables 1 and 2. The 

detailed Nogales emissions inventories 

are found in Appendix A of Arizona’s 

submittal. 

TABLE 1—2008 NOGALES NONATTAINMENT AREA EMISSIONS INVENTORIES

[Tons per year] 

Source category PM2.5 VOC NOX SO2 NH3

Non-Road Mobile ................................................................. 13.1 158.6 142.7 2.8 0.1 

Non-Point ............................................................................. 396.0 902.7 48.8 28.3 22.9 

On-Road Mobile ................................................................... 25.1 426.2 912.9 7.5 14.4 

Point/Stationary .................................................................... 1.4 3.3 11.0 0.5 0 

Totals ............................................................................ 435.6 1490.8 1115.4 39.1 37.4 

Entries are rounded consistent with submittal, as such, totals may vary due to rounding. Source: Appendix A, Table 6.1. 

TABLE 2—2010 NOGALES NONATTAINMENT AREA EMISSIONS INVENTORIES

[Tons per year] 

Source category PM2.5 VOC NOX SO2 NH3

Non-Road Mobile ................................................................. 13.1 159.6 142.7 2.8 0.1 

Non-Point ............................................................................. 399.2 912.6 49.3 28.3 23.0 

On-Road Mobile ................................................................... 20.1 369.5 743.7 4.6 13.0 

Point/Stationary .................................................................... 1.4 3.3 11.0 0.5 0 

Totals ............................................................................ 433.9 1445.0 946.8 36.2 36.1 

Entries are rounded consistent with submittal, as such, totals may vary due to rounding. Source: Appendix A, Table 6.1. 

The Nogales area primary PM2.5 and 

secondary precursor emissions 

inventories for 2008 and 2010 include 

emissions estimates from non-road 

mobile, non-point, on-road mobile 

sources, and point or stationary sources. 

ADEQ derived these emissions 

inventories for 2008 and 2010 from 

emissions data for Santa Cruz County, 

Arizona, in EPA’s 2008 National 

Emissions Inventory (NEI) versions 1.5 

and 2.0. See Appendix A, section 3. 

Using 2008 NEI county-level emissions 

estimates, ADEQ allocated the share of 

nonattainment area emissions from 

county level estimates by one of three 

characteristics and relative percentages: 

(1) Human-induced activities/source 

categories were allocated by 

nonattainment area population share, 

66.1 percent; (2) location-based 

activities/source categories were 

allocated by nonattainment area share of 

land area, 6.15 percent; and, (3) location 

specific sources, such as point sources, 

were fully allocated to the 

nonattainment area, as applicable. See 

Appendix A, Table 3.1 for population 

and land area allocation ratios; and, see 

Appendix A, section 2 for their 

derivation. In the case of on-road mobile 

source emissions, ADEQ estimated 

Santa Cruz County emissions separately 

from the NEI data using EPA’s on-road 

emissions factor model MOVES2010b 

and then allocated county-level 

emissions to the Nogales area by 

population share. ADEQ developed 

2010 emissions inventory estimates for 

the Nogales nonattainment area from 

2008 levels by applying a 2008 to 2010 

population-based growth rate of 1.1 

percent, relative activity levels, or held 

emissions estimates constant, as 

applicable. See Appendix A, section 3.4 

for ADEQ’s 2010 emissions inventories 

discussion. 

In sum, we find this methodology 

reasonable and based on reliable 

estimates of population and land area. 

We concur with the overall 

methodology, basis for allocating 

emissions and allocation calculations 

used to produce the Nogales emissions 

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51926 Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Proposed Rules 

8Please note that our review and proposed 

approval of Arizona’s PM2.5 emissions inventories 

for the Nogales nonattainment area, their data 

sources, and methodologies are specific to this 

submittal and may not be applicable to all PM2.5

nonattainment areas and the related PM2.5 and 

precursor emissions inventories. 

inventories for PM2.5 and the precursor 

pollutants. ADEQ’s population 

estimates are Arizona Department of 

Administration estimates that have been 

reconciled with U.S. Census figures. We 

have verified the land area allocation 

ratio using geographical information 

system applications. Please see our 

Technical Support Document (TSD) for 

our detailed review and discussion of 

Arizona’s emissions inventories 

methodology and results. 

In our review, we compared the 

ADEQ estimates for PM2.5 and the 

precursor pollutants with the 

subsequent and final release of the 2008 

NEI version 3.0. The 2011 NEI version 

1.0 was released on September 30, 2013 

and was not available for use by ADEQ. 

We expected to find nominal differences 

between the NEI versions (1.5 and 2.0) 

used by ADEQ and the final version 

(3.0) of the NEI based on corrections and 

re-estimates from one version to the 

next. EPA released the 2008 NEI version 

3.0 in March 2013 prior to Arizona’s 

submittal of the Nogales emissions 

inventories in September 2013. While 

we did not require ADEQ to use the 

2008 NEI version 3.0 given their 

emissions inventories were already 

drafted, we reviewed the submittal 

against 2008 NEI version 3.0 to ensure 

that any subsequent version 3.0 

corrections or updates are nominal 

changes to the submitted emissions 

inventories. 

We found that the submitted PM2.5, 

NH3, NOX, and SO2 emissions 

inventories, four of five emissions 

inventories, show little or no variance 

from the 2008 NEI version 3.0 emissions 

inventory, our comparison data base. 

The submitted VOC emissions inventory 

shows a small under-reporting of 3–10 

percent when compared either across 

the Santa Cruz County 2008 NEI version 

3.0 baseline emissions estimates, or to 

the submitted Nogales area emissions 

estimates. This small overall 

underestimate of VOC emissions is not 

significant, and becomes less significant 

when considered against an adjusted 

increase provided by the submitted VOC 

on-road mobile emissions inventory 

compared to the reference 2008 NEI onroad mobile VOC emissions estimates. 

In this way, we consider the adjusted 

difference in the submitted overall VOC 

emission inventory and our reference 

2008 NEI version 3.0 VOC emissions 

inventory to be closer to 3 percent rather 

than 10 percent, a small variance in the 

context of the overall PM2.5 emissions 

inventories. For our detailed review, 

please see our TSD within the docket of 

this rulemaking. 

In conclusion, EPA has reviewed the 

results, procedures, and methodologies 

Arizona used to produce the 2008 and 

2010 Nogales area PM2.5 and PM2.5

precursor emissions inventories and 

finds that these emissions inventories 

meet the requirements of the CAA and 

EPA guidance. Consequently, we 

propose to approve the submitted PM2.5, 

NH3, NOX, SO2, and VOC emissions 

inventories as meeting the CAA’s 

section 172(c)(3) requirement to provide 

a comprehensive, accurate, and current 

inventory of actual emissions for the 

Nogales nonattainment area.8

IV. Proposed Action 

EPA is proposing to approve the 2008 

and 2010 Nogales nonattainment area 

PM2.5 and PM2.5 precursor emissions 

inventories submitted by Arizona on 

September 6, 2013. In doing so, EPA has 

determined that Arizona’s submittal is 

consistent with sections 110 and 

172(c)(3) of the CAA. 

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 (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 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this action 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, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Ammonia, 

Volatile organic compounds. 

Dated: August 20, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2014–20787 Filed 8–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

[XXXD4523WT DWT000000.000000 

DS65101000] 

43 CFR Part 2 

RIN 1090–AB07 

Privacy Act Regulations; Exemption 

for the Insider Threat Program 

AGENCY: Department of the Interior. 

ACTION: Proposed rule 

SUMMARY: The Department of the 

Interior proposes to amend its 

regulations to exempt certain records in 

the Insider Threat Program from one or 

more provisions of the Privacy Act 

because of criminal, civil, and 

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