8130 Federal Register / Vol. 79, No. 28 / Tuesday, February 11, 2014 / Proposed Rules 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would modify controlled airspace at 

Roberts Field, Redmond, OR. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013 is amended as 

follows: 

Paragraph 6002 Class E airspace 

Designated as Surface Areas 

* * * * * 

ANM OR E2 Redmond, OR [Modified] 

Redmond, Roberts Field, OR 

(Lat. 44°15′14′′ N., long. 121°09′00′′ W.) 

That airspace within a 5.1 mile radius of 

Roberts Field. This Class E airspace is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area 

* * * * * 

ANM OR E4 Redmond, OR [Modified] 

Redmond, Roberts Field, OR 

(Lat. 44°15′14′′ N., long. 121°09′00′′ W.) 

That airspace extending upward from the 

surface within 1 mile each side of the 122° 

bearing of Roberts Field extending from the 

5.1 mile radius to 3.5 miles southeast of the 

airport. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth 

* * * * * 

ANM OR E5 Redmond, OR [Modified] 

Redmond, Roberts Field, OR 

(Lat. 44°15′14′′ N., long. 121°09′00′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.6 mile 

radius of Roberts Field, and within 3 miles 

either side of the 87° degree bearing of 

Roberts field extending from the 7.6 mile 

radius to 11.5 miles northeast of the airport, 

and within 3.5 miles either side of the 122° 

bearing of the airport extending from the 7.6 

mile radius to 15 miles southeast of the 

airport. 

Issued in Seattle, Washington, on February 

3, 2014. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2014–02852 Filed 2–10–14; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0049; FRL–9906–42– 

Region–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; South 

Dakota; Prevention of Significant 

Deterioration; Greenhouse Gas 

Tailoring Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to partially 

approve and partially disapprove 

revisions to the South Dakota State 

Implementation Plan (SIP) submitted by 

the South Dakota Department of 

Environment and Natural Resources 

(DENR) to EPA on June 20, 2011. The 

proposed SIP revisions address the 

permitting of sources of greenhouse 

gases (GHGs). Specifically, we propose 

to approve revisions to the State’s 

Prevention of Significant Deterioration 

(PSD) program to incorporate the 

provisions of the federal PSD and Title 

V Greenhouse Gas Tailoring Rule 

(Tailoring Rule). The proposed SIP 

revisions incorporate by reference the 

federal Tailoring Rule’s emission 

thresholds for determining which new 

stationary sources and modifications to 

existing stationary sources become 

subject to South Dakota’s PSD 

permitting requirements for their GHG 

emissions. EPA is proposing to 

disapprove a related provision that 

would rescind the State’s Tailoring Rule 

revision in certain circumstances. EPA 

will take separate action on an 

amendment to the chapter Construction 

Permits for New Sources or 

Modifications in the June 20, 2011 

submittal, regarding permits for minor 

sources. EPA is proposing this action 

under section 110 and part C of the 

Clean Air Act (the Act or CAA). 

DATES: Comments must be received on 

or before March 13, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2014–0049, by one of the 

following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: ostendorf.jody@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop St., Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop St., Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2014– 

0049. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

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 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 


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Federal Register / Vol. 79, No. 28 / Tuesday, February 11, 2014 / Proposed Rules 8131 

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 http://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 along with any disk or CD– 

ROM submitted. 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 and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

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 Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. 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: Jody 

Ostendorf, Air Program, Mailcode 8P– 

AR, Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop St., 

Denver, Colorado 80202–1129, (303) 

312–7814, ostendorf.jody@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. Information is organized as 

follows: 

Table of Contents 

I. Background for Our Proposed Action 

II. History of EPA’s GHG-Related Actions 

III. EPA’s Analysis of the State’s Submittal 

IV. Proposed Action 

V. Statutory and Executive Orders Review 

I. Background for Our Proposed Action 

CAA section 110(a)(2)(C) requires 

states to develop and submit to EPA for 

approval into the state SIP 

preconstruction review and permitting 

programs applicable to certain new and 

modified stationary sources of air 

pollutants. There are three separate new 

source review (NSR) programs: PSD, 

Nonattainment New Source Review 

(NNSR), and Minor NSR. The PSD 

program is established in part C of title 

I of the CAA and applies in areas that 

meet the National Ambient Air Quality 

Standards (NAAQS)—‘‘attainment 

areas’’—as well as areas where there is 

insufficient information to determine if 

the area meets the NAAQS— 

‘‘unclassifiable areas.’’ The NNSR 

program is established in part D of title 

I of the CAA and applies in areas that 

are not in attainment of the NAAQS— 

‘‘nonattainment areas.’’ The Minor NSR 

program (1) addresses construction or 

modification activities that do not emit, 

or have the potential to emit, beyond 

certain major source thresholds and 

thus do not qualify as ‘‘major,’’ and (2) 

applies regardless of the designation of 

the area in which a source is located. 

EPA regulations governing the criteria 

that states must satisfy for EPA approval 

of the NSR programs as part of the SIP 

are contained in 40 CFR sections 

51.160–51.166. 

On June 20, 2011, South Dakota 

submitted revisions for approval by EPA 

into the South Dakota SIP, including 

some regulations specific to the South 

Dakota PSD permitting program. The 

submittal proposes to revise the PSD 

major source definition so that it applies 

to any air pollutant ‘‘subject to 

regulation as required by EPA’’ (Section 

74:36:01:08(2)). The submittal also 

proposes to add the six GHGs 

designated by EPA as regulated air 

pollutants to the definition of regulated 

air pollutant (Section 74:36:01:15(6)). 

These definitions may also be applied to 

permitting synthetic minor GHG 

sources, therefore, we are proposing to 

approve both of those changes in South 

Dakota’s air program Definitions. 

Outside of the PSD program, the SIP 

submittal proposes in Section 

74:36:01:01, Definitions, to add ‘‘(73) 

‘‘Subject to regulation’’ as defined in 40 

CFR Section 70.2 (July 1, 2009), as 

revised in publication 75 FR 31607 

(June 3, 2010), in accordance with EPA 

requirements.’’ We are not taking action 

on that part of the submittal because it 

applies to the title V operating permit 

program which is not part of the SIP. 

The State generally implements the 

PSD program by incorporating by 

reference (with certain modifications) 

the federal PSD program in 40 CFR 

52.21. (See Chapter 74:36:09:02, 

Prevention of Significant Deterioration). 

The submittal revises the State’s PSD 

program by incorporating by reference 

revisions to 40 CFR 52.21 promulgated 

by EPA in the ‘‘Prevention of Significant 

Deterioration and Title V Greenhouse 

Gas Tailoring Rule,’’ 75 FR 31514 (June 

3, 2010). Specifically, the revision cites 

the regulatory changes on pages 31606 

and 31607 in the Tailoring Rule, which 

contain (among other things) the 

revisions to 40 CFR 52.21 promulgated 

in the Tailoring Rule. We propose to 

approve that revision. 

The PSD section of the State rule 

includes a rescission clause that states, 

‘‘If EPA stays or withdraws the 

regulation of greenhouse gases as 

identified in publication 75 FR 31606 

and 31607 (June 3, 2010), or a court 

issues an order vacating or otherwise 

invalidating EPA’s regulation of 

greenhouse gases for any reason, the 

regulation of greenhouse gases by 

Article 74:36 are void as of the date of 

such administrative or judicial action 

and shall have no further force and 

effect.’’ (Section 74:36:09:02(8)). As 

explained below, EPA proposes to 

disapprove this language as inconsistent 

with the CAA. 

These proposed revisions 1) establish 

that GHG is a regulated pollutant under 

South Dakota’s PSD program, and 2) 

establish emission thresholds for 

determining which new stationary 

sources and modification projects 

become subject to South Dakota’s PSD 

permitting requirements for their GHG 

emissions consistent with the Tailoring 

Rule. Today’s proposed action presents 

our rationale for approving these 

regulations as meeting the minimum 

federal requirements for the adoption 

and implementation of PSD SIP 

permitting programs, and for 

disapproving the submitted rescission 

clause language. 

II. History of EPA’s GHG-Related 

Actions 

This section briefly summarizes EPA’s 

recent GHG-related actions that provide 

the background for this action. Please 

see the preambles for the identified 

GHG-related rulemakings for more 

information. 

Beginning in 2010, EPA undertook a 

series of actions pertaining to the 

regulation of GHGs that established the 

overall framework for today’s proposed 

action on the South Dakota SIP. These 

actions include, as they are commonly 

called, the ‘‘Endangerment Finding’’ 

and ‘‘Cause or Contribute Finding,’’ 

which EPA issued in a single final 


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1 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

2 ‘‘Interpretation of Regulations that Determine 

Pollutants Covered by Clean Air Act Permitting 

Programs.’’ 75 FR 17004 (April 2, 2010). 

3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

4 ‘‘Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule; Final Rule.’’ 

75 FR 31514 (June 3, 2010). 

5 ‘‘Limitation of Approval of Prevention of 

Significant Deterioration Provisions Concerning 

Greenhouse Gas Emitting Sources in State 

Implementation Plans,’’ 75 FR 82536 (December 30, 

2010). 

action,1 the ‘‘Johnson Memo 

Reconsideration,’’ 2 the ‘‘Light-Duty 

Vehicle Rule,’’ 3 and the ‘‘Tailoring 

Rule.’’ 4 Taken together and in 

conjunction with the CAA, these actions 

established regulatory requirements for 

GHGs emitted from new motor vehicles 

and new motor vehicle engines; 

determined that such regulations, when 

they took effect on January 2, 2011, 

subjected GHGs emitted from stationary 

sources to PSD requirements; and 

limited the applicability of PSD 

requirements to GHG sources on a 

phased-in basis. EPA took this last 

action in the Tailoring Rule, which, 

more specifically, established 

appropriate GHG emission thresholds 

for determining the applicability of PSD 

requirements to GHG-emitting sources. 

At the same time, EPA recognized that 

many states had approved SIP PSD 

programs that do apply PSD to GHGs, 

but that do so for sources that emit as 

little as 100 or 250 tons per year (tpy) 

of GHG, and that do not limit PSD 

applicability to GHGs to the higher 

thresholds in the Tailoring Rule. 

Therefore, EPA issued the GHG PSD SIP 

Narrowing Rule,5 under which, EPA 

converted its previous full approval of 

the affected SIPs, including South 

Dakota’s, to a partial approval and 

partial disapproval, to the extent those 

SIPs covered GHG-emitting sources 

below the Tailoring Rule thresholds. 

EPA based its action primarily on the 

‘‘error correction’’ provisions of CAA 

section 110(k)(6). Many of those states 

have since submitted SIP revisions that 

have established the Tailoring Rule 

thresholds, and EPA has approved those 

SIP revisions and rescinded the partial 

disapprovals. 

III. EPA’s Analysis of the State’s 

Submittal 

South Dakota is currently a SIPapproved state for the PSD program, and 

has incorporated EPA’s 2002 NSR 

reform revisions for PSD into its SIP. 

The June 20, 2011 revisions to South 

Dakota’s SIP will make the approved 

PSD program rules consistent with the 

GHG PSD SIP Narrowing Rule. As 

described above, in the Narrowing Rule 

EPA withdrew its previous approval of 

the South Dakota PSD program to the 

extent that it applied to permitting of 

new or modified major sources below 

the thresholds set out in the Tailoring 

Rule. By approving the changes in the 

June 20, 2011 submittal, the approved 

PSD program rules will explicitly 

conform with the SIP as approved under 

the Narrowing Rule. Specifically, the 

June 20, 2011 revisions establish 

thresholds consistent with the Tailoring 

Rule and Narrowing Rule for 

determining which stationary sources 

and modification projects become 

subject to permitting requirements for 

GHG emissions under South Dakota’s 

NSR PSD program. 

South Dakota has adopted and 

submitted regulations that adopt the 

federal requirements for the permitting 

of GHG-emitting sources subject to PSD. 

The proposed revisions incorporate the 

Tailoring Rule into South Dakota’s PSD 

Permitting Program, and support 

synthetic minor permitting at stationary 

sources seeking federally enforceable 

limits to avoid major source or major 

stationary source applicability 

thresholds specific to GHG. The changes 

revise the definitions of major source 

and regulated air pollutant, and make 

the Tailoring Rule effective January 2, 

2011. The submittal makes no other 

changes to the State’s approved PSD 

program. We propose to conclude that 

the revisions are consistent with the 

requirements of 40 CFR 51.166, in 

particular, requirements set out in EPA’s 

final GHG Tailoring Rule, and that the 

revisions should be approved into South 

Dakota’s SIP. 

However, EPA proposes to disapprove 

the portion of the revision that adds a 

rescission clause to the SIP. In assessing 

the approvability of this clause, EPA 

considered two key factors: (1) Whether 

the public will be given reasonable 

notice of any change to the SIP that 

occurs as a result of the automatic 

rescission clause, and (2) whether any 

future change to the SIP that occurs as 

a result of the automatic rescission 

clause would be consistent with EPA’s 

interpretation of the effect of the 

triggering EPA or federal court action 

(e.g., the extent of an administrative or 

judicial stay). These criteria are derived 

from the SIP revision procedures set 

forth in the CAA and federal 

regulations. 

EPA’s consideration of whether any 

SIP change resulting from the proposed 

automatic rescission clause would be 

consistent with EPA’s interpretation of 

the effect of the triggering action on 

federal regulations is based on 40 CFR 

51.105. Under 40 CFR 51.105, 

‘‘[r]evisions of a plan, or any portion 

thereof, will not be considered part of 

an applicable plan until such revisions 

have been approved by the 

Administrator in accordance with this 

part.’’ See 40 CFR 51.105. However, the 

South Dakota rescission clause takes 

effect immediately upon certain judicial 

actions without any EPA intervention. 

The effect of this is that EPA is not 

given the opportunity to determine the 

effect and extent of the judicial action; 

instead, the SIP is modified without 

EPA’s approval. This violates 40 CFR 

51.105. 

The provision is also insufficient with 

regard to providing adequate notice to 

the public. While the State followed 

applicable notice-and-comment 

procedures prior to adopting the 

automatic rescission clause, the public 

would not receive adequate notice of the 

modification of the SIP after a triggering 

judicial action. Without intervening 

notice by EPA to the public of the effect 

and extent of the judicial action, its 

effect and extent (and indeed whether 

the judicial action triggered the 

provision at all) would be unclear to the 

public. 

IV. Proposed Action 

EPA proposes to approve in part, and 

disapprove in part, the June 20, 2011 

submittal that addresses the permitting 

of sources of greenhouse gases for 

incorporation into the South Dakota SIP. 

Specifically, EPA proposes to approve 

revisions to Chapter 74:36:09 that 

incorporates the Tailoring Rule into the 

State’s definitions and requirements for 

PSD. EPA is proposing to disapprove 

the provision that would rescind the 

State’s Tailoring Rule revision in certain 

circumstances. EPA will take separate 

action on an amendment in the June 20, 

2011 submittal to Chapter 74:36:20, 

Construction Permits for New Sources 

or Modifications, regarding permits for 

minor sources. 

EPA proposes to approve changes to 

Definitions, Section 74:36:01:08(2), 

which revises the major source 

definition so that it applies to any air 

pollutant ‘‘subject to regulation as 

required by EPA,’’ and Section 

74:36:01:15(6), which adds the six GHGs 

designated by EPA as regulated air 

pollutants to the definition of regulated 

air pollutant. EPA is not taking action 

on the addition of ‘‘(73) ‘‘Subject to 

regulation’’ as defined in 40 CFR 

Section 70.2 (July 1, 2009), as revised in 

publication 75 FR 31607 (June 3, 2010), 

in accordance with EPA requirements,’’ 

because it applies to the title V 


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permitting program which is not part of 

the SIP. 

V. Statutory and Executive Orders 

Review 

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 proposed action 

merely approves state law that meets 

federal requirements and disapproves 

state law that does not meet federal 

requirements; when finalized, this 

action would 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

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

Dated: January 29, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2014–02931 Filed 2–10–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R02–OAR–2013–0592; FRL–9906–06– 

Region 2] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

York State; Redesignation of Areas for 

1997 Annual and 2006 24-Hour Fine 

Particulate Matter and Approval of the 

Associated Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

redesignation request and State 

Implementation Plan (SIP) revision 

submitted by the New York State 

Department of Environmental 

Conservation (NYSDEC). NYSDEC is 

requesting that EPA redesignate ten 

counties in the New York State portion 

of the New York-N.New Jersey-Long 

Island, NY–NJ–CT nonattainment area 

from nonattainment to attainment for 

the 1997 annual and the 2006 24-hour 

Fine Particle (PM2.5) National Ambient 

Air Quality Standards (NAAQS). 

Included with its redesignation request, 

New York submitted a State 

Implementation Plan (SIP) revision 

containing a maintenance plan that 

provides for continued compliance of 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. The maintenance plan 

includes the 2007 attainment year 

emissions inventory that EPA is 

proposing to approve in this rulemaking 

in accordance with the requirements of 

the Clean Air Act (CAA). EPA had 

previously determined that the New 

York portion of the New York-N.New 

Jersey-Long Island, NY–NJ–CT 

nonattainment area has attained the 

1997 annual and 2006 24-hour PM2.5

NAAQS. Additionally, EPA is proposing 

to approve the 2009, 2017, and 2025 

motor vehicle emissions budgets for 

PM2.5 and Nitrogen Oxides (NOX). 

DATES: Comments must be received on 

or before March 13, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2013–0592 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: Ruvo.Richard@epa.gov 

3. Fax: 212–637–3901 

4. Mail: Richard Ruvo, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

5. Hand Delivery or Courier: Deliver 

your comments to: Richard Ruvo, Chief, 

Air Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. Such deliveries are 

only accepted during the Regional 

Office’s normal hours of operation. The 

Regional Office’s official business hours 

is Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2013– 

0592. 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 through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. 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 


ehiers on DSK2VPTVN1PROD with PROPOSALS-1