8914 Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule simply promulgates the operating 

regulations or procedures for 

drawbridges. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.547, to read as follows: 

§ 117.547 Bush River. 

The draw of the Amtrak Bridge, mile 

6.8 at Perryman, shall operate as 

follows: 

(a) Shall open twice a day from May 

1 through October 31, on Saturdays, 

Sundays, and Federal holidays that fall 

on a Friday or a Monday, when a proper 

request has been received. 

(b) Request for an opening is given to 

the Amtrak Assistant Division Engineer 

at 410–642–1588 and or email at 

BridgeOpeningRequest@Amtrak.com by 

an authorized representative of the Bush 

River Yacht Club no later than noon on 

the Friday just preceding the day of 

opening or, if that Friday is a Federal 

holiday, no later than noon on the 

preceding Thursday. 

(c) Amtrak determines the times for 

openings and shall schedule the times— 

(1) During daylight hours, six to ten 

hours apart; and 

(2) One opening before noon and one 

after noon. 

(3) In emergent situations after 

notification is given to the numbers 

indicated in paragraph (b) it can take up 

to six hours for the bridge to open. 

(d) Amtrak shall notify a 

representative of the Bush River Yacht 

Club of the times of all openings for the 

weekend (or extended weekend) in 

question no later than 6 p.m., on the 

Friday just preceding the weekend or, if 

that Friday is a Federal holiday, no later 

than 6 p.m., on the preceding Thursday. 

(e) Each opening shall be of sufficient 

duration to pass waiting vessels. 

(f) At all other times the draw need 

not open for the passage of vessels. 

Dated: January 28, 2014. 

Steven H. Ratti, 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. 2014–03309 Filed 2–13–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0789; FRL–9906–68– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Minor New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted on July 20, 2009 by 

the State of West Virginia. The proposed 

revision will expedite the processing of 

certain preconstruction permits issued 

under West Virginia’s minor New 

Source Review (NSR) Program. Notably, 

the revision will allow, in certain 

circumstances, construction prior to 

obtaining a permit, and will allow 

equipment and materials to be delivered 

and stored onsite prior to permit 

issuance. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 17, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0789 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0789, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0789. 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. 

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 whose disclosure 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules 8915 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Gerallyn Duke, (215) 814–2084, or by 

email at duke.gerallyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 110(a)(2)(C) of the CAA 

requires SIPs to have a preconstruction 

permit program for both major and 

minor sources. More specifically, SIPs 

must have the permit programs required 

under subpart C of title I and must have 

minor preconstruction programs that 

assure that the national ambient air 

quality standards are maintained. Under 

the minor source permitting rules at 

45CSR13, West Virginia implements 

minor preconstruction program 

requirements by issuing permits to: (1) 

Construct and operate new stationary 

sources which are not major sources, (2) 

modify non-major stationary sources, (3) 

make non-major modifications to 

existing major stationary sources, and 

(4) relocate non-major stationary 

sources. These rules also establish 

requirements for obtaining a temporary 

permit and Class I and Class II general 

permit registration. 

In 2008, the West Virginia Legislature 

amended the West Virginia Air 

Pollution Control Act, W.Va. Code § 22– 

5–1, et. seq., to reduce the timelines for 

minor source air permit issuance, add a 

15-day pre-approval review for 

permission to commence construction 

or modification prior to receiving a 

minor NSR permit or general permit 

registration, and allow equipment and 

materials to be delivered and stored 

onsite prior to permit issuance. The 

West Virginia Department of 

Environmental Protection (WVDEP) 

revised 45CSR13: ‘‘Permits for 

Construction, Modification, Relocation 

and Operation of Stationary Sources of 

Air Pollutants, Notification 

Requirements, Administrative Updates, 

Temporary Permits, General Permits, 

Permission to Commence Construction, 

and Procedures for Evaluation,’’ to 

incorporate those changes required by 

passage of the above amendments to the 

West Virginia Air Pollution Control Act. 

The proposed SIP revision consists of 

these revisions to 45CSR13. The 

revision submitted by WVDEP for 

approval into the SIP was adopted by 

the State Air Pollution Control Board on 

April 30, 2009 and became effective on 

June 1, 2009. 

II. Summary of SIP Revision 

The July 20, 2009 SIP revision will 

reduce the time allotted for WVDEP to 

process certain permits. Specifically, the 

time is reduced from 180 days to 90 

days after a permit application is 

deemed complete for minor NSR 

permits, from 60 days to 45 days after 

a complete application is received for 

temporary minor NSR permits, and from 

90 days to 45 days after a general permit 

registration application is deemed 

complete for Class II general permits. 

Class II general permits are issued for 

sources that are considered to be more 

significant than sources for which Class 

I general permits are issued and, unlike 

Class I general permits, must undergo a 

30-day public notice period. 

The SIP revision also creates a 

mechanism for new and modified 

stationary sources which are not major 

sources and for major stationary sources 

proposing non-major modifications to 

commence construction prior to 

obtaining a permit, provided that 

operation does not commence until a 

permit is issued. The following are 

ineligible for permission to commence 

construction in advance of permit 

issuance: Sources of hazardous air 

pollutants subject to CAA subsections 

112(g) or 112(j), sources seeking 

‘‘synthetic minor’’ permits to avoid 

otherwise applicable standards, and 

sources requiring specific case-by-case 

emission limits under 45CSR21 or 

45CSR27. The process to allow 

commencement of construction in 

advance of permit issuance also applies 

to general permits. 

Another notable change in the minor 

NSR rule is to allow equipment and 

materials to be delivered and stored 

onsite prior to permit issuance. Finally, 

other minor clarifying changes to West 

Virginia’s minor NSR rule are included. 

If WVDEP determines that any 

proposed construction, modification, 

registration or relocation interferes with 

attainment or maintenance of an 

applicable ambient air quality standard, 

causes or contributes to a violation of an 

applicable air quality increment, or is 

inconsistent with the intent and 

purpose of 45CSR13, WVDEP shall issue 

an order denying the proposed activity. 

No permission to commence 

construction in advance of permit 

issuance is allowed if WVDEP deems it 

is inconsistent with any Federal 

requirement, Federal delegation, 

Federally approved requirement in any 

SIP, or Federally approved requirement 

under the title V permitting program. 

The version of 45CSR13 submitted by 

WVDEP for approval into the SIP 

includes revisions to the following 

sections: section 45–13–1 (‘‘General’’), 

section 45–13–4 (‘‘Administrative 

Updates to Existing Permits and General 

Permit Registrations’’), section 45–13–5 

(‘‘Permit Application and Reporting 

Requirements for Construction of and 

Modifications to Stationary Sources’’), 

section 45–13–8 (‘‘Public Review 

Procedures’’), and section 45–13–10 

(‘‘Permit Transfer, Suspension, 

Revocation and Responsibility’’). 

Section 45–13–16 (‘‘Application for 

Permission to Commence Construction 

in Advance of Permit Issuance’’) is 

added. 

III. Proposed Action 

EPA is proposing approval of West 

Virginia’s SIP submission dated July 20, 

2009, which consists of a new version 

of 45CSR13 that revises West Virginia’s 

minor NSR Program as follows: (1) 

Revising provisions to reduce the 

timelines for issuance of minor NSR 

permits, temporary permits, and Class II 

general permits; (2) adding provisions to 

allow advance preconstruction and to 

expedite processing of eligible minor 

NSR permits and general permits; (3) 

adding provisions to allow equipment 

and materials to be delivered and stored 

onsite prior to minor NSR permit 

issuance; and (4) making minor 

administrative amendments and 

clarifications. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
8916 Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules 

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 related 

to West Virginia’s minor NSR Program 

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: January 28, 2014. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2014–03289 Filed 2–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0495; FRL–9906–61– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions for Permitting of Particulate 

Matter With Diameters Less Than or 

Equal to 2.5 Micrometers (PM2.5) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve revisions to the Texas State 

Implementation Plan (SIP) submitted by 

the Texas Commission on 

Environmental Quality (TCEQ) on May 

19, 2011. The May 19, 2011, SIP 

submission adopts revisions to the 

Texas General Air Quality Definitions 

and Permits by Rule (PBR) program 

consistent with certain federal rules 

implementing the 1997 and 2006 PM2.5

National Ambient Air Quality Standard 

(NAAQS). EPA is also proposing to find 

that the Texas Prevention of Significant 

Deterioration (PSD) New Source Review 

(NSR) SIP meets all EPA PM2.5 PSD SIP 

rules. These rules include permitting 

components such as the PM2.5

precursors of sulfur dioxide and 

nitrogen oxides, condensables, 

significant emissions rates (SER), and 

increment. EPA is proposing these 

actions under section 110 and part C of 

the Clean Air Act (CAA or the Act). 

DATES: Comments must be received on 

or before March 17, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2011–0495, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Email: Ms. Adina Wiley at 

wiley.adina@epa.gov. 

• Mail or Delivery: Ms. Adina Wiley, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2011– 

0495. 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 

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: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–2115. Ms. Wiley can also be 

reached via electronic mail at 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background for Our Proposed Action 

II. Summary of State Submittal 

A. Summary of the Revisions to the 

General Definitions at 30 TAC Section 

101.1 


tkelley on DSK3SPTVN1PROD with PROPOSALS