Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 66291 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cindy Allard at (571) 372–0461. 

SUPPLEMENTARY INFORMATION: This 

direct final rule makes nonsubstantive 

changes to the OSD Privacy Program 

rules. These changes will allow the 

Department to add an exemption rule to 

the OSD Privacy Program rules that will 

exempt applicable Department records 

and/or material from certain portions of 

the Privacy Act. This is being published 

as a direct final rule as the Department 

of Defense does not expect to receive 

any adverse comments, and so a 

proposed rule is unnecessary. 

Direct Final Rule and Significant 

Adverse Comments 

DoD has determined this rulemaking 

meets the criteria for a direct final rule 

because it involves nonsubstantive 

changes dealing with DoD’s 

management of its Privacy Programs. 

DoD expects no opposition to the 

changes and no significant adverse 

comments. However, if DoD receives a 

significant adverse comment, the 

Department will withdraw this direct 

final rule by publishing a notice in the 

Federal Register. A significant adverse 

comment is one that explains: (1) Why 

the direct final rule is inappropriate, 

including challenges to the rule’s 

underlying premise or approach; or (2) 

why the direct final rule will be 

ineffective or unacceptable without a 

change. In determining whether a 

comment necessitates withdrawal of 

this direct final rule, DoD will consider 

whether it warrants a substantive 

response in a notice and comment 

process. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that this rule 

is not a significant rule. This rule does 

not (1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another Agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs, or 

the rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive orders. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C Chapter 6) 

It has been certified that this rule does 

not have a significant economic impact 

on a substantial number of small entities 

because it is concerned only with the 

administration of Privacy Act systems of 

records within DoD. A Regulatory 

Flexibility Analysis is not required. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that this rule 

does not impose additional information 

collection requirements on the public 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501 et seq.). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been determined that this rule 

does not involve a Federal mandate that 

may result in the expenditure by State, 

local and tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more and that it will not 

significantly or uniquely affect small 

governments. 

Executive Order 13132, ‘‘Federalism’’ 

It has been determined that this rule 

does not have federalism implications. 

This rule does not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 311 

Privacy. 

Accordingly, 32 CFR part 311 is 

amended as follows: 

PART 311—OFFICE OF THE 

SECRETARY OF DEFENSE AND JOINT 

STAFF PRIVACY PROGRAM 

■ 1. The authority citation for part 311 

continues to read as follows: 

Authority: 5 U.S.C. 522a. 

■ 2. Section 311.8 is amended by adding 

paragraph (c)(23) to read as follows: 

§ 311.8 Procedures for exemptions. 

* * * * * 

(c) * * * 

(23) System identifier and name: 

DMDC 17 DoD, Continuous Evaluation 

Records for Personnel Security. 

(i) Exemption: In the course of 

carrying out records checks for 

continuous evaluation, exempt records 

from other systems of records may in 

turn become part of the case records 

maintained in this system. To the extent 

that copies of exempt records from those 

‘other’ systems of records are 

maintained into this system, OSD 

claims the same exemptions for the 

records from those ‘other’ systems that 

are entered into this system, as claimed 

for the original primary system of which 

they are a part. 

(ii) Authority: 5 U.S.C. 552a(j)(2), 

(k)(1), (k)(2), (k)(3), (k)(5), (k)(6), and 

(k)(7). 

(iii) Reasons: Records are only exempt 

from pertinent provisions of 5 U.S.C. 

552a to the extent that such provisions 

have been identified and an exemption 

claimed for the original record and the 

purposes underlying the exemption for 

the original record still pertain to the 

record which is now maintained in this 

system of records. In general, the 

exemptions were claimed in order to 

protect properly classified information 

relating to national defense and foreign 

policy; to avoid interference during the 

conduct of criminal, civil, or 

administrative actions or investigations; 

to ensure protective services provided 

the President and others are not 

compromised; to protect the identity of 

confidential sources incident to Federal 

employment, military service, contract, 

and security clearance determinations; 

to preserve the confidentiality and 

integrity of Federal testing materials; 

and to safeguard evaluation materials 

used for military promotions when 

furnished by a confidential source. The 

exemption rule for the original records 

will identify the specific reasons why 

the records are exempt from specific 

provisions of 5 U.S.C. 552a. 

Dated: October 29, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–26407 Filed 11–6–14; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0343; FRL–9918–84– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Nonattainment New Source Review 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Washington State Implementation 

Plan (SIP) that were submitted by the 

Department of Ecology (Ecology) on 


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66292 Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 

January 27, 2014. These revisions 

update the preconstruction permitting 

regulations for large industrial (major 

source) facilities located in designated 

nonattainment areas, referred to as the 

Nonattainment New Source Review 

(major nonattainment NSR or major 

NNSR) program. While these revisions 

update Ecology’s major NNSR program 

generally, the most significant change is 

the incorporation of regulations to 

implement major NNSR for fine 

particulate matter, particles with an 

aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers (PM2.5). 

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: This final rule is effective on 

December 8, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2014–0343. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 through 

www.regulations.gov or in hard copy at 

the Air Programs Unit, Office of Air 

Waste and Toxics, EPA Region 10, 1200 

Sixth Avenue, Seattle, WA, 98101. The 

EPA requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at (206) 553–0256, 

hunt.jeff@epa.gov, or by using the above 

EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials ‘‘Act’’ or ‘‘CAA’’ 

mean or refer to the Clean Air Act, unless the 

context indicates otherwise. 

(ii) The words ‘‘EPA’’, ‘‘we’’, ‘‘us’’ or ‘‘our’’ 

mean or refer to the Environmental 

Protection Agency. 

(iii) The initials ‘‘SIP’’ mean or refer to 

State Implementation Plan. 

(iv) The words ‘‘Washington’’ and ‘‘State’’ 

mean the State of Washington. 

Table of Contents 

I. Background Information 

II. Final Action 

III. Statutory and Executive Orders Review 

I. Background Information 

On January 27, 2014, Washington 

submitted revisions updating the 

general air quality regulations that apply 

to sources within Ecology’s jurisdiction, 

including the major nonattainment NSR 

permitting program. On July 25, 2014, 

the EPA proposed to approve the major 

nonattainment NSR-related provisions 

contained in the submittal (79 FR 

43345). An explanation of the CAA 

requirements, a detailed explanation of 

the revisions, and the EPA’s reasons for 

approval were provided in the notice of 

proposed rulemaking, and will not be 

restated here. The public comment 

period for this proposed rule ended on 

August 25, 2014. We did not receive any 

comments on the proposal. 

II. Final Action 

The EPA is approving the major 

nonattainment NSR-related provisions 

listed in the table below. As discussed 

in the proposed rulemaking, the EPA 

intends to take action on the remaining 

provisions included in Ecology’s 

January 27, 2014 submittal, related to 

the Prevention of Significant 

Deterioration and visibility permitting 

requirements for major stationary 

sources, in a separate, future action. The 

EPA is also approving the general air 

quality regulations contained in 

Washington Administrative Code 

(WAC) 173–400–110 through–112 and 

WAC 173–400–171, which were 

previously approved by the EPA for 

purposes of minor new source review, 

as consistent with the EPA’s 

requirements for major nonattainment 

NSR. For more information see 79 FR 

59653, October 3, 2014. 

At this time, the EPA’s approval of the 

major nonattainment NSR-related 

provisions listed in the table below is 

limited to only those counties or sources 

where Ecology has direct jurisdiction. 

This approval excludes sources subject 

to Energy Facility Site Evaluation 

Council (EFSEC) or local clean air 

agency jurisdiction, as described in the 

proposed rulemaking. The counties 

where Ecology has direct jurisdiction 

are: Adams, Asotin, Chelan, Columbia, 

Douglas, Ferry, Franklin, Garfield, 

Grant, Kittitas, Klickitat, Lincoln, 

Okanogan, Pend Oreille, San Juan, 

Stevens, Walla Walla, and Whitman. 

The EPA also notes that under the SIPapproved provisions of WAC 173–405– 

012, WAC 173–410–012, and WAC 173– 

415–012, Ecology has statewide, direct 

jurisdiction for kraft pulping mills, 

sulfite pulping mills, and primary 

aluminum plants, including the 

RockTenn facility located in the 

Tacoma-Pierce County fine particulate 

matter nonattainment area. 

WASHINGTON STATE DEPARTMENT OF ECOLOGY REGULATIONS FOR APPROVAL

State citation Title/subject 

State 

effective 

date 

Explanation 

Chapter 173–400 WAC, General Regulations for Air Pollution Sources 

173–400–131 ............................................................................... Issuance of Emission Reduction Credits 4/1/11 

173–400–136 ............................................................................... Use of Emission Reduction Credits 

(ERC) 

12/29/12 

173–400–800 ............................................................................... Major Stationary Source and Major 

Modification in a Nonattainment Area 

4/1/11 

173–400–810 ............................................................................... Major Stationary Source and Major 

Modification Definitions 

12/29/12 

173–400–820 ............................................................................... Determining if a New Stationary Source 

or Modification to a Stationary 

Source is Subject to these Requirements 

12/29/12 


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Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 66293 

WASHINGTON STATE DEPARTMENT OF ECOLOGY REGULATIONS FOR APPROVAL—Continued 

State citation Title/subject 

State 

effective 

date 

Explanation 

173–400–830 ............................................................................... Permitting Requirements 12/29/12 

173–400–840 ............................................................................... Emission Offset Requirements 12/29/12

173–400–850 ............................................................................... Actual Emissions Plantwide Applicability Limitation (PAL) 12/29/12 

173–400–860 ............................................................................... Public Involvement Procedures 4/1/11 

III. 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, the 

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 

this action 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 in 

Washington except for as specifically 

noted below and is also not approved to 

apply 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. 

Washington’s SIP is approved to apply 

on non-trust land within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided state and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area. Consistent with EPA policy, the 

EPA nonetheless provided a 

consultation opportunity to the 

Puyallup Tribe in a letter dated 

February 25, 2014. The EPA did not 

receive a request for consultation. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 6, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

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. 

Dated: October 22, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons stated in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. Section 52.2470 is amended in 

paragraph (c), table 2, by: 

■ a. Adding in numerical order entries 

for 173–400–131, 173–400–136, and 

173–400–800 through 173–400–860. 

■ b. Revising the footnote at the bottom 

of the table. 

The additions and revisions read as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 


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66294 Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 

TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT

JURISDICTION

[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, 

San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction. These regulations also apply statewide for facilities subject to the applicability sections of WAC 173–405–012, WAC 173–410–012, 

and WAC 173–415–012] 

State citation Title/Subject 

State 

effective 

date 

EPA Approval date Explanations 

Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources 

*******

173–400–131 ..................... Issuance of Emission Reduction Credits 4/1/11 11/7/14[Insert Federal 

Register citation].

173–400–136 ..................... Use of Emission Reduction Credits 

(ERC).

12/29/12 11/7/14[Insert Federal 

Register citation].

*******

173–400–800 ..................... Major Stationary Source and Major 

Modification in a Nonattainment Area.

4/1/11 11/7/14[Insert Federal 

Register citation].

173–400–810 ..................... Major Stationary Source and Major 

Modification Definitions.

12/29/12 11/7/14[Insert Federal 

Register citation].

173–400–820 ..................... Determining if a New Stationary Source 

or Modification to a Stationary Source 

is Subject to these Requirements.

12/29/12 11/7/14[Insert Federal 

Register citation].

173–400–830 ..................... Permitting Requirements ......................... 12/29/12 11/7/14[Insert Federal 

Register citation].

173–400–840 ..................... Emission Offset Requirements ................ 12/29/12 11/7/14[Insert Federal 

Register citation].

173–400–850 ..................... Actual Emissions Plantwide Applicability 

Limitation (PAL).

12/29/12 11/7/14[Insert Federal 

Register citation].

173–400–860 ..................... Public Involvement Procedures ............... 4/1/11 11/7/14[Insert Federal 

Register citation].

* The EPA’s approval of the WAC 173–400–110 through –113, 173–400–036, 173–400–171, and 173–400–560 is not a determination that 

these regulations meet requirements for a SIP-approved Prevention of Significant Deterioration permitting program (40 CFR 51.166) or a SIP-approved visibility program (40 CFR 51.307) for major sources. 

* * * * * 

[FR Doc. 2014–26451 Filed 11–6–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0297; FRL–9918–24] 

Deltamethrin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of deltamethrin 

in or on finfish. Center for Regulatory 

Services, Inc., on behalf of PHARMAQ 

AS, requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

November 7, 2014. Objections and 

requests for hearings must be received 

on or before January 6, 2015, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0297, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 


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