65366 Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Proposed Rules 

under section 110(c)(1) for EPA’s 

obligation to promulgate a federal 

implementation plan to correct the 

deficiency, unless the State submits and 

EPA approves a SIP revision addressing 

the deficiency. If finalized, the proposed 

disapproval will also, under section 

179(a)(2), start the 18-month clock for 

sanctions, unless the State submits and 

EPA approves a SIP revision correcting 

the deficiency. 

VI. What action is EPA proposing 

today? 

As described in Section IV of this 

notice, EPA is proposing to approve the 

SIP revisions submitted by Wyoming on 

February 13, 2013 and February 10, 

2014. 

As described in Section V of this 

notice, EPA is proposing to disapprove 

the portion of the SIP revisions 

submitted by Wyoming on May 10, 2011 

that adds Chapter 6, Section 13 to the 

Wyoming SIP. 

VII. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

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: October 20, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2014–26172 Filed 11–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0753, FRL–9918–86– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Alaska: 

Nonattainment New Source Review 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Alaska State 

Implementation Plan (SIP) submitted by 

the Commissioner of the Alaska 

Department of Conservation (ADEC) on 

December 11, 2009, November 29, 2010, 

December 10, 2012, January 28, 2013, 

July 1, 2014, and October 24, 2014. 

These revisions update the State of 

Alaska’s adoption by reference of the 

Federal preconstruction permitting 

regulations for large industrial (major 

source) facilities located in designated 

nonattainment areas, referred to as the 

Nonattainment New Source Review 

(major NNSR) program. The major 

NNSR program is designed to ensure 

that major stationary sources of air 

pollution are constructed or modified in 

a manner that is consistent with 

attainment and maintenance of the 

National Ambient Air Quality Standards 

(NAAQS). 

DATES: Comments must be received on 

or before December 4, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2014–0753, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Mail: Donna Deneen, EPA Region 

10, Office of Air, Waste and Toxics 

(AWT–150), 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101 

• Email: R10-Public_Comments@

epa.gov. 

• Hand Delivery: EPA Region 10 

Mailroom, 9th Floor, 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

Attention: Donna Deneen, Office of Air, 

Waste and Toxics, AWT–150. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2014– 

0753. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 


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1This submittal also withdrew a September 24, 

2014, submittal determined to contain an error. 2 706 F.3d 428 (D.C. Cir. 2013). 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. 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: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information the disclosure of which is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Office of Air, Waste and 

Toxics, EPA Region 10, 1200 Sixth 

Avenue, Seattle, WA 98101. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen at telephone number: 

(206) 553–6706, email address: 

deneen.donna@epa.gov, or the above 

EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Purpose of Proposed Major NNSR Action 

II. Background for the Proposed Major NNSR 

Action 

III. Effect of the January 4, 2013 D.C. Circuit 

Decision Regarding PM2.5

Implementation Under Subpart 4 

IV. Alaska’s Revisions to Major NNSR 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Purpose of Proposed Major NNSR 

Action 

The EPA is proposing to approve 

revisions to the Alaska SIP related to 

major NNSR submitted by ADEC on 

December 11, 2009, November 29, 2010, 

December 10, 2012, January 28, 2013, 

July 1, 2014, and October 24, 2014.1

Alaska’s major NNSR program 

essentially adopts by reference the 

Federal preconstruction permitting 

regulations for major sources in 

nonattainment areas at 40 CFR 51.165 

(Permit Requirements). The key changes 

in Alaska’s SIP revisions are the update 

of the adoption by reference citation 

dates in 18 AAC 50.040(i) to the Federal 

rules in 40 CFR 51.165, and the updated 

definition of ‘‘regulated NSR pollutant’’ 

in 18 AAC 50.040(i)(1)(B) to reflect the 

current Federal definition of ‘‘regulated 

NSR pollutant’’ for nonattainment areas 

at 40 CFR 51.165(a)(1)(xxxvii). These 

and other related revisions addressed in 

this action are discussed below. 

In a previous action relating to the 

revisions submitted on December 11, 

2009, November 29, 2010, December 10, 

2012, and January 28, 2013, the EPA 

deferred action on the portions of those 

submittals relating to major NNSR. 

(September 19, 2014; 79 FR 56268). In 

this proposal we are taking action on the 

deferred portions of those submittals. In 

this action we are also addressing the 

major NNSR portion of revisions 

submitted on July 1, 2014 and October 

24, 2014. Where there are multiple 

amendments to the same provision, we 

have limited our review to only the 

most recently submitted amendment to 

any particular provision. We intend to 

address the remaining portions of the 

SIP submittals that are not related to 

major NNSR, and that we have not yet 

acted on, in one or more separate 

actions. 

II. Background for the Proposed Major 

NNSR Action 

On July 18, 1997, the EPA revised the 

NAAQS for particulate matter to add 

new standards for fine particles, using 

PM2.5 as the indicator. Previously, the 

EPA used PM10 (inhalable particles 

smaller than or equal to 10 micrometers 

in diameter) as the indicator for the 

particulate matter NAAQS. The EPA 

established health-based (primary) 

annual and 24-hour standards for PM2.5, 

setting an annual standard at a level of 

15 micrograms per cubic meter (mg/m3) 

and a 24-hour standard at a level of 65 

mg/m3 (62 FR 38652). At the time the 

1997 primary standards were 

established, the EPA also established 

welfare-based (secondary) standards 

identical to the primary standards. The 

secondary standards are designed to 

protect against major environmental 

effects of PM2.5, such as visibility 

impairment and materials damage. The 

State of Alaska had no areas violating 

the annual or 24-hour 1997 PM2.5

NAAQS at the time the standards were 

promulgated. 

On October 17, 2006, the EPA revised 

the primary and secondary PM2.5

NAAQS (71 FR 61236). In that 

rulemaking, the EPA lowered the 24- 

hour PM2.5 NAAQS to 35 mg/m3 and 

retained the existing annual PM2.5

NAAQS of 15 mg/m3. In 2009, as a result 

of the change in the 24-hour PM2.5

NAAQS from 65 mg/m3 to 35 mg/m3, the 

EPA designated Fairbanks, Alaska as 

nonattainment based on 2006–2008 

monitoring data (74 FR 58688, 

November 13, 2009). The Fairbanks 

PM2.5 nonattainment area covers the 

expanded part of Fairbanks North Star 

Borough (FNSB) and is currently the 

only nonattainment area in the State of 

Alaska. 

On May 16, 2008, the EPA finalized 

a rule to implement the PM2.5 NAAQS, 

including changes to the New Source 

Review (NSR) program (2008 NSR PM2.5

Rule, 73 FR 28321). The 2008 NSR PM2.5

Rule revised the NSR program 

requirements to establish a framework 

for implementing preconstruction 

permit review for the PM2.5 NAAQS in 

both attainment and nonattainment 

areas. The 2008 NSR PM2.5 Rule also 

established the following NSR 

requirements to implement the PM2.5

NAAQS: (1) Required NSR permits to 

address directly emitted PM2.5 and 

precursor pollutants; (2) established 

significant emission rates for direct 

PM2.5 and precursor pollutants, 

including sulfur dioxide (SO2) and 

oxides of nitrogen (NOX); (3) established 

PM2.5 emission offsets for 

nonattainment areas; and (4) required 

states to account for gases that condense 

to form particles in PM2.5 emission 

limits. Alaska’s regulations, submitted 

to the EPA on December 11, 2009, 

November 29, 2010, December 10, 2012, 

January 28, 2013, July 1, 2014, and 

October 24, 2014, were revised to 

address the requirements of the 2008 

NSR PM2.5 rule, as well as to provide 

general updates that apply to all the 

NAAQS. 

III. Effect of the January 4, 2013 D.C. 

Circuit Decision Regarding PM2.5

Implementation Under Subpart 4 

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

Appeals for the District of Columbia 

Circuit, in Natural Resources Defense 

Council v. EPA 2 issued a decision that 

remanded the EPA’s 2007 and 2008 

rules implementing the 1997 PM2.5

NAAQS. Relevant here, the 2008 NSR 

PM2.5 Rule promulgated NSR 

requirements for implementation of 

PM2.5 in both nonattainment areas and 

attainment/unclassifiable areas. The 

Court found that the EPA erred in 

implementing the PM2.5 NAAQS in 

these rules solely pursuant to the 

general implementation provisions of 

subpart 1, part D, 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 


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3 In some instances 18 AAC 50.040(i) does not 

directly adopt by reference the Federal provisions, 

but instead references provisions in AS 46.14.990 

or 18 AAC 50.990, which, in turn, reference the 

Federal provisions in 40 CFR 51.165. 

Subpart 4 consistent with this opinion.’’ 

Id. at 437. 

On June 2, 2014, the EPA published 

a final rulemaking, 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, that 

begins to address the remand (79 FR 

31566). The final rule classified all 

existing PM2.5 nonattainment areas as 

‘‘Moderate’’ nonattainment areas and set 

a deadline of December 31, 2014, for 

states to submit any SIP submissions, 

including major NNSR SIPs, that may be 

necessary to satisfy the requirements of 

subpart 4, part D, title I of the CAA, 

with respect to PM2.5 nonattainment 

areas. 

In a separate rulemaking process, the 

EPA is evaluating the requirements of 

subpart 4 as they pertain to 

nonattainment NSR for PM2.5 emissions. 

In particular, subpart 4 includes section 

189(e) of the CAA, which requires the 

control of major stationary sources of 

PM10 precursors ‘‘except where the 

Administrator determines that such 

sources do not contribute significantly 

to PM10 levels which exceed the 

standard in the area.’’ Under the Court’s 

decision in NRDC, section 189(e) of the 

CAA also applies to PM2.5. 

Alaska submitted SIP revisions to two 

definitions in Alaska’s major NNSR 

program. In 18 AAC 50.040(i)(1), Alaska 

revised the definition of ‘‘regulated NSR 

pollutant’’ by adopting by reference the 

Federal definition of ‘‘regulated NSR 

pollutant’’ at 40 CFR 

51.165(a)(1)(xxxvii), which includes 

precursors to both ozone and PM2.5 in 

nonattainment areas. With respect to 

PM2.5, the adopted by reference 

definition of ‘‘regulated NSR pollutant’’ 

identifies sulfur dioxide and nitrogen 

oxides as regulated PM2.5 precursors 

while volatile organic compounds 

(VOCs) and ammonia are not regulated 

PM2.5 precursors in PM2.5 nonattainment 

areas in the State. In addition, in 18 

AAC 50.040(i)(1), Alaska adopted by 

reference the Federal definition of 

‘‘significant’’ at 40 CFR 51.165(a)(1)(x), 

which includes significant emission 

rates for direct PM2.5 and for sulfur 

dioxide and nitrogen oxides as PM2.5

precursors. These revisions, although 

consistent with the 2008 NSR PM2.5

Rule developed in accordance with 

subpart 1 of the CAA, may not contain 

the elements necessary to satisfy the 

CAA requirements when evaluated 

under the subpart 4 statutory 

requirements. In particular, Alaska’s 

submission does not include regulation 

of VOCs and ammonia as PM2.5

precursors, nor does it include a 

demonstration consistent with section 

189(e) showing that major sources of 

those precursor pollutants would not 

contribute significantly to PM2.5 levels 

exceeding the standard in the area. For 

these reasons, the EPA cannot conclude 

at this time that this part of Alaska’s 

major NNSR submission satisfies all of 

the requirements of subpart 4 as they 

pertain to PM2.5 major NNSR permitting. 

Although the revisions to Alaska’s 

major NNSR rule may not contain all of 

the necessary elements to satisfy the 

CAA requirements when evaluated 

under the subpart 4 provisions, the 

revisions themselves represent a 

strengthening of Alaska’s currentlyapproved major NNSR SIP which does 

not address PM2.5 at all. As a result of 

the June 2, 2014, final rule, the State 

will have until December 31, 2014, to 

make any additional submission 

necessary to address the requirements of 

subpart 4, including addressing the 

PM2.5 precursors VOCs and ammonia. 

For these reasons, the EPA is proposing 

to approve the major NNSR revisions at 

18 AAC 50.040(i), without listing as a 

deficiency at this time the absence of 

either the regulation or evaluation of 

VOCs and ammonia as PM2.5 precursors. 

IV. Alaska’s Revisions to Major NNSR 

Table 1 below summarizes the 

revisions submitted by the State related 

to major NNSR and addressed in this 

action, including the submittal date, the 

State effective date, and the title and 

section of 18 AAC 50 related to the 

major NNSR program. Where there are 

multiple amendments to the same 

provision, the EPA limited its review to 

the most recently submitted amendment 

to that particular provision. 

TABLE 1—ALASKA SIP REVISIONS TO MAJOR NNSR ADDRESSED IN THIS ACTION

Date of submittal State effective 

date 

Major NNSR-related provisions of 18 

AAC 50.040 revised or amended 

Major NNSR-related provisions of 18 

AAC 50.990 revised or amended 

12/11/2009 ............................................ 7/25/2008 (i), (i)(7), (i)(8), (i)(9), (i)(10).

11/29/2010 ............................................ 12/9/2010 (i).

12/10/2012 ............................................ 9/14/2012 (i), (i)(1)(B).

1/28/2013 .............................................. 1/4/2013 (i)(1)(A), (i)(1)(B), (i)(1)(B)(ii).

7/1/2014 ................................................ 10/6/2013 (i), (i)(1)(B), (i)(2), (i)(4), (i)(5), (i)(6) ......... (40). 

10/24/2014 ............................................ 11/9/2014 (i), (i)(1)(B), (i)(2), (i)(4), (i)(5), (i)(6) ......... (92). 

Alaska’s major NNSR program is 

comprised of 18 AAC 50.311 

(Nonattainment Area Major Stationary 

Source Permits), which was previously 

approved on August 14, 2007 (72 FR 

45378) and has not been revised since, 

and 18 AAC 50.040 (Federal Standards 

Adopted by Reference), paragraph (i), 

relating to 40 CFR 51.165 (Permit 

Requirements). Definitions for specific 

terms referenced by these provisions are 

found in 18 AAC 50.990 (Definitions). 

To ensure that its regulations are 

consistent with the EPA requirements, 

Alaska generally updates annually its 

adoption by reference citations to the 

Federal major NNSR regulations at 40 

CFR 51.165 (Permit Requirements) in 18 

AAC 50.040(i).3 Because of this practice, 

the revisions submitted by the State and 

listed in Table 1 are primarily updates 

to make the State’s regulations 

consistent with updates to the Federal 

regulations. Other revisions are 

discussed below. 

In the State’s December 11, 2009, 

submittal, exceptions were added to the 

major NNSR regulations at 18 AAC 

50.040(i)(10), relating to the adoption by 

reference of ‘‘Actuals PALs,’’ in 40 CFR 

51.165(f). Under 18 AAC 

50.040(i)(10)(A), mass balance 

calculations, as authorized under 40 

CFR 52.165(f)(12)(ii)(A), are also 

acceptable for activities emitting sulfur 

dioxide from the combustion of fuel to 

the extent otherwise available for 

activities using coatings or solvents. 

This includes the requirement that the 

emission unit is assumed to emit all of 

the sulfur in the fuel as sulfur dioxide. 

Under 18 AAC 50.040(i)(10)(B), the 

monitoring requirements of 40 CFR 

52.21(f)(12)(iii) are applied to owners or 

operators using mass balance 

calculations to monitor plantwide 


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4The definition of ‘‘fugitive emissions’’ in 40 CFR 

51.166(b)(20) is identical to the definition of 

‘‘fugitive emissions’’ in 51.165(a)(1)(ix). 

applicability limitation (PAL) pollutant 

emissions from activities emitting sulfur 

dioxide from the combustion of fuel. 

These provisions are approvable 

because they are an appropriate method 

of determining compliance with a PAL 

for the narrow activity added by ADEC’s 

regulations. 

In the State’s July 1, 2014 submittal, 

Alaska repealed provisions in 18 AAC 

50.040(i), paragraphs (7), (8) and (9), 

that related to clean units and pollution 

control projects. The comparable 

Federal provisions were initially 

vacated by a court and then repealed by 

the EPA. Repeal of these provisions as 

a matter of state law does not affect the 

SIP because the EPA had not previously 

approved these provisions into the SIP 

and because they are no longer elements 

of the Federal major NNSR program. 

Alaska submitted revisions to two 

definitions in 18 AAC 50.990 related to 

major NNSR. On October 24, 2014, the 

State revised 18 AAC 50.040(i)(1) to 

adopt by reference the Federal 

definition of ‘‘regulated NSR pollutant’’ 

at 40 CFR 51.165(a)(1)(xxxvii) and also 

repealed the definition ‘‘regulated NSR 

pollutant’’ in 18 AAC 50.990(92) 

because the State has now adopted the 

Federal definition in 18 AAC 50.040(i). 

With these revisions, the State’s 

definition of ‘‘regulated NSR pollutant’’ 

at 18 AAC 50.040(i)(1) is consistent with 

the current Federal definition of 

‘‘regulated NSR pollutant’’ for major 

NNSR and is approvable. 

On July 1, 2014, Alaska revised its 

major NNSR regulations at 18 AAC 

50.040(i)(1)(B)(2) to reference the 

definition of ‘‘fugitive emissions’’ in 18 

AAC 50.990(40). In turn, 18 AAC 

50.990(40) was revised to adopt by 

reference the Federal definition of 

‘‘fugitive emissions’’ at 40 CFR 

51.166(b)(20).4 The definition of 

‘‘fugitive emissions’’ referenced in 18 

AAC 50.990(40) is consistent with the 

Federal definition of ‘‘fugitive 

emissions’’ for major NNSR and is 

approvable. 

We note that in the State’s October 24, 

2014 submittal, technical corrections 

were made to the revisions in 18 AAC 

50.040(i)(2), (4), (5) and (6) that were 

submitted on July 1, 2014. The effect of 

these corrections is that the State has 

submitted its repeal of 18 AAC 

50.040(i)(4) and no changes were made 

to the adoption by reference of Federal 

provisions at 18 AAC 50.040(i)(2), (5) 

and (6). The repealed provision at 18 

AAC 50.040(i)(4) adopted by reference 

an exemption for fugitive emissions in 

40 CFR 51.165(a)(4) that duplicates an 

exemption contained in the State’s 

definition of ‘‘major stationary source’’ 

and its repeal is therefore approvable. 

In summary, revisions to Alaska’s 

major NNSR regulations in 18 AAC 

50.040(i) are approvable because the 

submitted revisions bring the State’s 

major NNSR program up to date with 

current Federal requirements and, as 

explained above, represent a 

strengthening of Alaska’s currentlyapproved major NNSR program. 

V. Proposed Action 

Pursuant to section 110 of the CAA 

and consistent with the discussion 

above, the EPA proposes to approve the 

Alaska SIP revisions submitted on 

December 11, 2009, November 29, 2010, 

December 10, 2012, January 28, 2013, 

July 1, 2014, and October 24, 2014 that 

update the adoption by reference of the 

Federal major NNSR program and revise 

the definition of ‘‘regulated NSR 

pollutant.’’ The EPA has made the 

preliminary determination that these 

SIP revisions are approvable because 

they are consistent with the CAA and 

the current EPA requirements regarding 

major NNSR. The EPA intends to 

address the remaining portions of the 

SIP submittals that are not related to 

major NNSR, and have not yet been 

addressed, in one or more separate 

actions. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves the state’s law 

as meeting Federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the state’s law. For that reason, this 

proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

it does not involve technical standards; 

and 

• Does not provide the 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). 

The SIP is not approved to apply on any 

Indian reservation land or in any other 

area where the EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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: October 27, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2014–26181 Filed 11–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 88 

World Trade Center Health Program; 

Petition 005—Acoustic Neuroma; 

Finding of Insufficient Evidence 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Denial of petition for addition of 

a health condition. 


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