10448 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0761; FRL–9907–11– 

Region–8] 

Approval and Promulgation of State 

Implementation Plan Revisions; 

Revisions to the Air Pollution Control 

Rules; North Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the Governor of 

North Dakota on April 14, 2011. The 

revisions affect North Dakota’s air 

pollution control rules regarding general 

provisions, ambient air quality 

standards (sulfur dioxide (SO2), nitrogen 

dioxide (NOX), and lead), and 

permitting. EPA acted separately on 

other provisions in the April 14, 2011 

submittal related to North Dakota’s 

regulation of greenhouse gases (GHGs) 

under its Prevention of Significant 

Deterioration (PSD) program. This 

action is being taken under section 110 

of the Clean Air Act. 

DATES: Written comments must be 

received on or before March 27, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2012–0761, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: Fallon.Gail@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT section if you are 

faxing comments). 

• Mail: Director, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, U.S. Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, 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–2012– 

0761. 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 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://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 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 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 information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

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

For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http://

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 at http://

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, 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 4:30 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: Gail 

Fallon, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado, 

80202–1129, (303) 312–6281, 

Fallon.Gail@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. Background 

III. Analysis of SIP Revisions 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, the 

following definitions apply: 

(i) The words or initials Act or CAA 

mean or refer to the Federal Clean Air 

Act, unless the context indicates 

otherwise. 

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

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials GHG mean or refer to 

greenhouse gases. 

(iv) The initials NAAQS mean or refer 

to the National Ambient Air Quality 

Standards. 

(v) The initials NDAC mean or refer to 

North Dakota Administrative Code. 

(vi) The initials NDDH mean or refer 

to the North Dakota Department of 

Health. 

(vii) The initials NESHAP mean or 

refer to National Emissions Standards 

for Hazardous Air Pollutants. 

(viii) The initials NOX mean or refer 

to nitrogen oxides. 

(ix) The initials NSPS mean or refer 

to New Source Performance Standards. 

(x) The initials NSR mean or refer to 

New Source Review. 

(xi) The initials PM2.5 mean or refer to 

fine particulate matter. 

(xii) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(xiii) The initials SAAQS mean or 

refer to State Ambient Air Quality 

Standards. 

(xiv) The initials SIP mean or refer to 

State Implementation Plan. 

(xv) The initials SO2 mean or refer to 

sulfur dioxide. 

(xvi) The words State or ND mean the 

State of North Dakota, unless the 

context indicates otherwise. 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http://

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules 10449 

1Per revised 40 CFR 50.4, effective August 23, 

2010 (75 FR 35520, June 22, 2010), ‘‘[t]he SO2

NAAQS set forth in this section will no longer 

apply to an area one year after the effective date of 

the designation of that area, pursuant to section 107 

of the Clean Air Act, for SO2 NAAQS set forth in 

§ 50.17 . . .’’ 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

The Act requires states to follow 

certain procedures in developing 

implementation plans and plan 

revisions for submission to EPA. 

Sections 110(a)(2) and 110(l) of the Act 

provide that each implementation plan 

must be adopted after reasonable notice 

and public hearing. 

To provide for public comment, the 

North Dakota Department of Health 

(NDDH), after providing notice, held a 

public hearing on August 19, 2010 to 

consider the revisions to its Air 

Pollution Control Rules. Following the 

public hearing, comment period, and 

legal review by the North Dakota 

Attorney General’s Office, NDDH 

adopted the revisions. The revisions to 

the Air Pollution Control Rules became 

effective on April 1, 2011. The North 

Dakota Governor submitted the SIP 

revisions to us with a letter dated April 

14, 2011. 

III. Analysis of SIP Revisions 

We are proposing action on the April 

14, 2011 submittal for SIP revisions that 

involve the following chapters of the 

North Dakota Administrative Code 

(NDAC): 33–15–01, ‘‘General 

Provisions;’’ 33–15–02, ‘‘Ambient Air 

Quality Standards;’’ and 33–15–14, 

‘‘Designated Air Contaminant Sources, 

Permit to Construct, Minor Source 

Permit to Operate, Title V permit to 

Operate.’’ We previously acted on the 

revisions to NDAC 33–15–15, 

‘‘Prevention of Significant Deterioration 

of Air Quality’’ in the April 14, 2011 

submittal regarding regulation of GHGs 

and fine particulate matter (PM2.5) under 

North Dakota’s PSD program in 2012 (77 

FR 64734, October 23, 2012). The 

following is our description and 

analysis of the revisions in this 

proposed action which the State 

submitted to us for approval. 

A. Chapter 33–15–01, NDAC, General 

Provisions 

The State revised section 33–15–01– 

04.52 and cross-referenced and 

incorporated by reference the version of 

40 CFR 51.100(s) as it existed on July 2, 

2010 for purposes of defining ‘‘volatile 

organic compounds’’ (the prior date 

used was March 1, 2008). This change 

is minor and is consistent with relevant 

CAA and regulatory requirements. 

B. Chapter 33–15–02, NDAC, Ambient 

Air Quality Standards 

In section 33–15–02–04.1, 

‘‘Particulates and Gases,’’ the State 

deleted the language, ‘‘Except as 

provided in section 33–15–02–07 . . .’’ 

at EPA’s request. We were concerned 

that the cross reference to subsection 

33–15–02–07.4 in 33–15–02–07, 

‘‘Concentrations of Air Contaminants in 

the Ambient Air Restricted,’’ gave 

discretion to the state director to 

exempt, from ambient air quality 

standards, emissions during 

malfunctions and maintenance 

shutdowns. We asked the State to 

address our concern. The deletion of 

subsection 33–15–02–07.4 from 33–15– 

02–07 and the deletion of the language 

cross referencing to it in subsections 33– 

15–02–04.1, 33–15–02–07.1 and 33–15– 

02–07.2 addresses our concern and is 

consistent with CAA requirements. 

In section 33–15–02–07, 

‘‘Concentrations of Air Contaminants in 

the Ambient Air Restricted,’’ the State 

deleted subsection 33–15–02–07.3 and 

the cross references to this subsection in 

33–15–02–07.1 and 33–15–02–07.2. 

Prior to this revision, there was a 1-hour 

state ambient air quality standard 

(SAAQS) for SO2 of 273 parts per billion 

(ppb). There was no 1-hour SO2 national 

ambient air quality standard (NAAQS) 

at that time. Because there were both a 

24-hour and annual SAAQS and 

NAAQS for SO2, coal conversion 

facilities and petroleum refineries were 

exempt from the SAAQS per North 

Dakota Century Code (NDCC) 23–25– 

03.2. North Dakota NDAC 33–15–02– 

07.3 clarified that these source 

categories only had to meet the NAAQS. 

The State’s rule revision eliminated the 

1-hour SAAQS for SO2 and adopted the 

1-hour NAAQS (75 ppb). The revision 

makes the SO2 SAAQS and the NAAQS 

the same; NDAC 33–15–02–07.3 is thus 

unnecessary. This revision is consistent 

with CAA and regulatory requirements. 

Also in section 33–15–02–07, Tables 

1 and 2 were revised. Table 1, ‘‘Ambient 

Air Quality Standards,’’ that lists the 

State ambient air quality standards was 

revised to add the new 2010 federal 1- 

hour standards for NOX and SO2 and to 

amend the standard for lead to the 2008 

federal standard. Table 2, ‘‘National 

Ambient Air Quality Standards,’’ 

includes the old federal standards for 

SO2. The State initially proposed that 

Table 2 be deleted and that the new 

federal SO2 standards be incorporated 

into Table 1. We asked the State to 

retain the old federal SO2 standards for 

one year after designation of the new 

standard.1 The State addressed our 

concerns by retaining the old primary 

SO2 standards in Table 2, by adding the 

new primary SO2 standards to Table 1, 

and by moving the secondary SO2

standard from Table 2 to Table 1. The 

State added an explanation after Table 

2 regarding the federal requirement to 

retain the standards for one year after 

designation. These revisions were made 

to reflect the federal standards and are 

consistent with CAA and regulatory 

requirements. 

C. Chapter 33–15–14, NDAC, Designated 

Air Contaminant Sources, Permit To 

Construct, Minor Source Permit To 

Operate, Title V Permit To Operate 

In Chapter 33–15–14, in addition to 

several housekeeping revisions, the 

State made revisions to sections 33–15– 

14–01 and 33–15–14–02 with the intent 

to change the permitting requirement for 

sources subject to a new source 

performance standard (NSPS) or 

national emission standard for 


tkelley on DSK3SPTVN1PROD with PROPOSALS
10450 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules 

2We acted previously on other revisions in the 

April 14, 2011 submittal, pertaining to the State’s 

regulation of greenhouse gases. Federal greenhouse 

gas requirements deal largely with mobile sources. 

See our 2012 action, 77 FR 64734, October 23, 2012, 

for a more detailed explanation. 

hazardous air pollutant (NESHAP). 

Previously, the SIP-approved minor 

source permit rule required any source 

subject to a NSPS or NESHAP to obtain 

a permit from the State regardless of the 

quantity of source emissions. The State 

has changed the rule so the permit 

requirement only applies to sources 

subject to a state-adopted NSPS or 

NESHAP. The State made this change to 

avoid the burden of permitting the 

numerous oil and gas facilities that 

became subject to the newly 

promulgated federal NSPS at 40 CFR 

part 60, subpart OOOO (Standards of 

Performance for Crude Oil and Natural 

Gas Production, Transmission and 

Distribution). The effect of these 

revisions is the State, by not adopting 

subpart OOOO into state law (and with 

no intention to adopt it in the future) 

will not have to permit the sources 

subject to subpart OOOO. Coupled with 

an existing exemption for oil and gas 

production operations at subsection 33– 

15–14–02.13.o and the State’s oil and 

gas registration program at Chapter 33– 

15–20, the sources the State intends to 

exclude from permitting include the 

multitude of small units, such as tanks, 

engines, and other oil and gas 

production related units normally 

subject to the State’s minor source New 

Source Review (NSR) program. State 

permitting requirements aside, national 

emissions standards in any NSPS or 

NESHAP including 40 CFR part 60, 

subpart OOOO still apply to the subject 

sources. The revisions related to NSPS 

and NESHAP permitting result in a 

relaxation of North Dakota’s SIP since 

now a narrower subset of sources 

subject to NSPS and NESHAP 

requirements (only those sources subject 

to NSPS and NESHAP requirements that 

are adopted by the State) are subject to 

permitting. While the State has not 

indicated any intention to return 

delegation of any currently stateadopted NSPS or NESHAP 

requirements, EPA has considered this 

possibility. Regarding the potential 

impacts to any future relaxation related 

to such returned delegation, should this 

occur, EPA will continue to work 

closely with the State to review these 

requirements as well as the rest of its 

minor NSR program. Like other states, 

EPA has some concerns with the 

stringency of North Dakota’s minor NSR 

program, and we acknowledge that there 

are ongoing discussions with North 

Dakota to clarify and strengthen the 

State’s minor NSR program including 

addressing oil and gas production. 

North Dakota approached this current 

SIP revision in a prospective manner, 

revising its rules prior to EPA issuing 

the subpart OOOO requirements. 

CAA section 110(l) requires a 

demonstration that a SIP revision does 

not interfere with any requirement 

concerning attainment and that a 

relaxation is sufficiently protective of 

air quality and other CAA requirements 

in order for EPA to approve the 

relaxation. EPA conducted such a 

demonstration for the permitting rule 

revision in the April 2011 submittal 

finding the revisions are not presently 

interfering with the State’s SIP control 

strategy or causing NAAQS violations in 

North Dakota. Our demonstration is 

included in the docket for this action. 

The specific revisions related to the 

minor source NSPS and NESHAP 

permitting issue as well as other 

revisions to the minor source NSR 

program are described below. 

In section 33–15–14–01, ‘‘Designated 

Air Contaminant Sources,’’ the State 

revised the list of sources ‘‘capable of 

causing or contributing to air 

pollution.’’ The revised sections read as 

follows: 

33–15–14–01.9. Any source for which an 

applicable federal standard of performance 

(40 CFR 60) has been adopted in chapter 33– 

15–12. 

33–15–14–01.10. Any source for which an 

applicable national emission standard for 

hazardous air pollutants (40 CFR 61) has 

been adopted in chapter 33–15–13. 

In section 33–15–14–02, ‘‘Permit to 

construct,’’ the State made the following 

revisions: 

In subsection 33–15–14–02.1, ‘‘Permit to 

construct required,’’ the State deleted the 

following language from the end of the first 

paragraph, ‘‘This requirement shall also 

apply to any source for which a federal 

standard of performance has been 

promulgated prior to such filing of an 

application for a permit to construct. A list 

of sources for which a federal standard has 

been promulgated, and the standards which 

apply to such sources, must be available at 

the department’s offices.’’ The subsection 

now reads, ‘‘No construction, installation or 

establishment of a new stationary source 

within a source category designated in 

section 33–15–14–01 may be commenced 

unless the owner or operator thereof shall file 

an application for, and receive, a permit to 

construct in accordance with this chapter.’’ 

In subsection 33–15–14–02.13, 

‘‘Exemptions,’’ the State deleted the 

following language from the end of the 

introductory sentence, ‘‘and there is no 

applicable new source performance standard, 

or national emission standard for hazardous 

air pollutants.’’ This subsection now reads, 

‘‘A permit to construct is not required for the 

following stationary sources provided there 

is no federal requirement for a permit or 

approval for construction or operation.’’ 

In subsection 33–15–14–02.13.o, the State 

made a revision deleting an unnecessary 

subsection reference for the definition of 

major source which we are approving. The 

subsection now reads, ‘‘Oil and gas 

production facilities as defined in chapter 

33–15–20 which are not a major source as 

defined in section 33–15–14–06.’’ The State 

is moving towards less precise numbering 

references, in some cases, to simplify any 

future rule renumbering requirements. In 

addition, under this provision, oil and gas 

production facilities that are not major 

sources are exempted from review and 

permitting. While EPA approved this 

provision in 1995, we do have concerns now 

that the provision may need to be 

strengthened in order to conform with the 

CAA and EPA’s minor NSR regulations 40 

CFR 51.150–51.164. EPA has not reviewed 

the substance of this rule as part of this 

action. The EPA is now merely approving the 

deletion of the numbering cross reference 

submitted by the State. The current version 

of the NDAC rule does not contain 

substantive changes from the prior 

codification that we approved into the SIP. 

EPA acknowledges that there are ongoing 

discussions with North Dakota to address 

EPA’s concerns with the rule language that 

EPA previously approved into the North 

Dakota SIP. In a December 10, 2013 letter 

from Terry O’Clair, Director of North 

Dakota’s Division of Air Quality to Gail 

Fallon, EPA Region 8, North Dakota 

committed to provide clarification of the 

applicability of the oil and gas production 

operations registration program and 

guidance. Because this rule revision in the 

SIP only deletes a numbering cross reference, 

we are proposing to approve this revision 

Also in Chapter 33–15–14, the State 

made several housekeeping revisions. A 

revision in subsection 1.12 is clarifying 

in nature and replaced language about a 

source’s emissions ‘‘affecting’’ state air 

quality with language regarding a source 

that the State determined to ‘‘cause or 

contribute to a violation’’ of air quality 

standards. A revision in subsection 1.15 

added the word ‘‘stationary’’ to clarify 

the State’s intent to regulate only 

stationary sources under its permitting 

program.2 The revised subsections read 

as follows: 

33–15–14–01.12. Any source which is 

determined by the department to cause or 

contribute to a violation of any SAAQS or 

violates the other provisions of chapter 33– 

15–02. 

33–15–14–01.15. Other stationary sources 

subject to a standard or requirement under 

the Federal Clean Air Act as amended. 

In section 33–15–14–03, ‘‘Minor 

source permit to operate,’’ the State 

deleted exception language in 

subsection 33–15–14–03.1.c related to 

the requirement for a minor source 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules 10451 

permit to operate when a source is 

transitioning to a title V permit to 

operate as well as language for fees 

related to such sources that meet the 

title V applicability requirements. The 

subsection now reads, ‘‘Sources that are 

subject to the title V permitting 

requirements of section 33–15–14–06 

are exempt from the requirements of 

this section.’’ While the time frame 

related to the State issuing initial title V 

permits has largely passed, in the event 

a minor source’s emissions grow to the 

extent that a title V permit becomes 

necessary, any applicable requirements 

in the minor source permit to operate 

will transition into the title V permit to 

operate. In such a case, until a title V 

permit is issued, the minor source 

permit remains in effect. 

The changes in Chapter 33–15–14 

only affect the applicability of certain 

permitting requirements contained in 

this Chapter. These changes do not 

affect emission limits in the SIP or other 

requirements that would affect ambient 

concentrations of criteria pollutants. 

These changes are consistent with CAA 

and regulatory requirements. 

IV. Proposed Action 

EPA is proposing to approve revisions 

to the North Dakota SIP that the 

Governor of North Dakota submitted 

with a letter dated April 14, 2011 and 

that were state-effective April 1, 2011. 

Specifically, EPA is proposing to 

approve North Dakota’s revisions to the 

following portions of the North Dakota 

Administrative Code: Chapter 33–15– 

01, ‘‘General Provisions,’’ section 33– 

15–01–04.52 ; Chapter 33–15–02, 

‘‘Ambient Air Quality Standards,’’ 

sections 33–15–02–04.1, 33–15–02– 

07.1, 33–15–02–07.2, 33–15–02–07.3, 

33–15–02–07.4, section 33–15–02, 

Tables 1 and 2. EPA is proposing to 

approve Chapter 33–15–14, ‘‘Designated 

Air Contaminant Sources, Permit to 

Construct, Minor Source Permit to 

Operate, Title V Permit to Operate,’’ 

sections 33–15–14–01.9, 33–15–14– 

01.10, 33–15–14–01.12, 33–15–14– 

01.15, 33–15–14–02.1, 33–15–14–02.13, 

33–15–14–02.13.o, 33–15–14–03.1c 

with the understanding that the State 

and EPA will continue discussions to 

clarify and strengthen the State’s current 

minor source program as it relates to oil 

and gas production facilities. See 

section III of this action for a description 

of these revisions. EPA acted previously 

on the revisions to Chapter 33–15–15, 

‘‘Prevention of Significant Deterioration 

of Air Quality,’’ that were also included 

in the April 14, 2011 submittal. See 77 

FR 64734, October 23, 2012. 

V. 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, 

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; this 

proposed action 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 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, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: February 14, 2014. 

Howard M. Cantor, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2014–04073 Filed 2–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0006; FRL–9907–10– 

Region–3] 

Approval and Promulgation of 

Implementation Plans; Virginia; 

Regional Haze Five-Year Progress 

Report State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

a revision to the Virginia State 

Implementation Plan (SIP) submitted by 

the Commonwealth of Virginia through 

the Virginia Department of 

Environmental Quality (DEQ). Virginia’s 

SIP revision addresses requirements of 

the Clean Air Act (CAA) and EPA’s 

rules that require states to submit 

periodic reports describing progress 

towards reasonable progress goals 

(RPGs) established for regional haze and 

a determination of the adequacy of the 

Commonwealth’s existing SIP 

addressing regional haze (regional haze 

SIP). EPA is proposing approval of 

Virginia’s SIP revision on the basis that 

it addresses the progress report and 

adequacy determination requirements 

for the first implementation period for 

regional haze. 

DATES: Comments must be received on 

or before March 27, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0006, by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0006, 

Cristina Fernandez, Associate Director, 


tkelley on DSK3SPTVN1PROD with PROPOSALS