Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Proposed Rules 9133 

Texas is subject to the FIP for PSD 

permitting of GHG emissions. This GHG 

PSD FIP remains in place and EPA 

remains the PSD permitting authority 

for GHG-emitting sources in Texas until 

EPA finalizes our proposed approval of 

the October 23, 2013, proposed 

revisions submitted for parallel 

processing on December 2, 2013, to the 

Texas SIP. Therefore, we propose that 

upon finalization of today’s action, EPA 

will rescind the GHG PSD FIP for Texas 

at 40 CFR 52.2305(a) and (b). However, 

as detailed in Sections IV.B.1–3 and our 

transition process, there are three 

limited possibilities for retained 

authority. First, EPA will retain GHG 

PSD permitting authority for any 

pending permit applications where the 

permit applicant has submitted a 

written request to remain with EPA for 

permit issuance. Second, EPA will 

retain GHG PSD permitting authority for 

any pending permit application where 

the applicant has not submitted a 

written request regarding permit 

authority, and EPA has made a 

proposed determination through a 

public noticed draft permit upon the 

signature date of EPA’s rescission of the 

GHG PSD FIP. EPA does not intend to 

retain any other authority over pending 

permit applications. Note, even for 

those cases where EPA announces it 

will retain permitting authority over an 

application, this authority will cease 

upon an applicant’s written request to 

EPA withdrawing the pending permit 

application before a final determination 

is made. Finally, EPA will retain GHG 

PSD permitting authority for any issued 

permit for which either the time for 

filing an administrative appeal has not 

expired or all administrative and 

judicial appeals processes have not been 

completed by the signature date of 

EPA’s final action to approve TCEQ’s 

SIP submittal. Texas is also subject to 

the FIP for PSD permitting for any other 

pollutants that become newly subject to 

regulation under the CAA after January 

2, 2011. We propose to find that the 

TCEQ has provided necessary and 

adequate assurances that the Texas PSD 

program will be revised in the future to 

address pollutants that become newly 

regulated under the CAA after January 

2, 2011, and that the TCEQ has the 

adequate authority under State law to 

regulate the new PSD pollutants. 

Therefore, we propose that upon 

finalization of today’s action, EPA will 

rescind the PSD FIP for Newly 

Regulated Pollutants for Texas at 40 

CFR 52.2305(c). 

EPA is severing and taking no action 

on the remainder of the October 5, 2010, 

SIP submittal for the adoption and 

implementation of the Texas Minor NSR 

Qualified Facilities Program. EPA is also 

severing and taking no action on the 

portions of the December 2, 2013, 

submittal concerning biomass GHG 

emissions at 30 TAC Section 

116.12(7)(B). The DC Circuit Court 

issued an order to vacate EPA’s Biomass 

Deferral Rule on July 12, 2013. 

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 

Clean Air 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 

proposes to approve 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, 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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, and incorporation by 

reference. 

Dated: February 4, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2014–03429 Filed 2–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–1055; FRL–9906–64– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Transportation Conformity 

and General Conformity Requirements 

for Bernalillo County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the New Mexico State 

Implementation Plan (SIP) at New 

Mexico Administrative Code 20.11.3 

and 20.11.4, concerning transportation 

conformity and general conformity rules 

for Bernalillo County, New Mexico. The 

plan revision is intended to ensure 

consistency with amendments to the 

federal Transportation Conformity Rule 

and the federal General Conformity 

Rule. These plan revisions meet 

statutory and regulatory requirements, 

and are consistent with EPA’s guidance. 

DATES: Written comments should be 

received on or before March 20, 2014. 

ADDRESSES: Please see the related direct 

final rule, which is located in the ‘‘Rules 

and Regulations’’ section of this Federal 

Register, for detailed instructions on 

how to submit comments. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Peace, Facility Assessment 

Section (6PD–A), Environmental 


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9134 Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Proposed Rules 

Protection Agency, Region 6, 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202– 

2733, telephone 214–665–7430; fax 

number 214–665–7263; email address 

peace.michelle@epa.gov. 

SUPPLEMENTARY INFORMATION:

Why is EPA issuing this proposed rule? 

This document proposes to take 

action on SIP revisions submitted by the 

Governor of New Mexico on behalf of 

the Albuquerque Bernalillo County Air 

Quality, Environmental Health 

Department on November 18, 2010, May 

24, 2011, and October 11, 2012. We 

have published a direct final rule 

approving the State’s SIP revisions in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register because we view 

this as a noncontroversial action and 

anticipate no adverse comment. We 

have explained our reasons for this 

action in the preamble to the direct final 

rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

would address all public comments in 

any subsequent final rule based upon 

this proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

Dated: January 28, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2014–03439 Filed 2–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 and 81 

[EPA–R05–OAR–2012–0464; FRL–9906–41– 

Region–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Redesignation of the 

Milwaukee-Racine 2006 24-Hour Fine 

Particle Nonattainment Area to 

Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On June 8, 2012, the State of 

Wisconsin, through the Wisconsin 

Department of Natural Resources 

(WDNR) submitted a request for the 

Environmental Protection Agency (EPA) 

to redesignate the Milwaukee-Racine 

fine particle (PM2.5) nonattainment area 

(‘‘Milwaukee-Racine Area’’ or ‘‘Area’’) 

to attainment for the 2006 24-hour PM2.5

National Ambient Air Quality Standard 

(NAAQS), and to approve a state 

implementation plan (SIP) revision 

containing a maintenance plan for the 

Area. The Milwaukee-Racine Area is 

comprised of Milwaukee, Racine and 

Waukesha Counties. EPA is proposing 

to grant the state’s request to redesignate 

the Area to attainment for the 2006 24- 

hour PM2.5 NAAQS. EPA’s proposed 

approval involves several additional 

related actions. EPA is proposing to 

approve the state’s plan for maintaining 

the 2006 24-hour PM2.5 NAAQS through 

2025. EPA is proposing to approve the 

ammonia, volatile organic compounds 

(VOC), nitrogen oxides (NOX), direct 

PM2.5, and sulfur dioxide (SO2) 

inventories submitted by the state as 

meeting the comprehensive emissions 

inventory requirement of the Clean Air 

Act (CAA). Finally, EPA finds adequate 

and is proposing to approve Wisconsin’s 

NOX, direct PM2.5, SO2, and VOC motor 

vehicle emission budgets (MVEBs) for 

2020 and 2025 for the Milwaukee Area. 

EPA is also addressing a number of 

additional issues, including the effects 

of two decisions of the United States 

Court of Appeals for the District of 

Columbia (D.C. Circuit or Court): The 

Court’s August 21, 2012, decision to 

vacate and remand to EPA the CrossState Air Pollution Rule (CSAPR); and 

the Court’s January 4, 2013, decision to 

remand two final rules implementing 

the 1997 annual PM2.5 standard. 

DATES: Comments must be received on 

or before March 20, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2012–0464, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2012– 

0464. 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 

whose disclosure 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 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 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, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Gilberto 

Alvarez, Environmental Scientist, at 


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