25506 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Rules and Regulations 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that this rule 

is not a significant rule. This rule does 

not (1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another Agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs, or 

the rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive orders. 

Public Law 96–354, ‘‘Regulatory 

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

This rule will not have significant 

economic impact on a substantial 

number of small entities because it is 

concerned only with the administration 

of Privacy Act systems of records within 

the Department of Defense. A 

Regulatory Flexibility Analysis is not 

required. 

Public Law 96–511, ‘‘Paperwork 

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

This rule does not contain any 

information collection requirements 

subject to the Paperwork Reduction Act 

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

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

These amendments do not involve a 

Federal mandate that may result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

and that such rulemaking will not 

significantly or uniquely affect small 

governments. 

Executive Order 13132, ‘‘Federalism’’ 

These amendments do not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, no 

Federalism assessment is required. 

List of Subjects in 32 CFR Part 312 

Privacy. 

Accordingly, 32 CFR part 312 is 

amended as follows: 

PART 312—OFFICE OF THE 

INSPECTOR GENERAL (OIG) PRIVACY 

PROGRAM 

■ 1. The authority citation for 32 CFR 

part 312 continues to read as follows: 

Authority: Pub. L. 93–579, 88 Stat. 1896 

(5 U.S.C. 552a). 

■ 2. Section 312.12 is amended by 

adding paragraph (k) to read as follows: 

§ 312.12 Exemptions. 

* * * * * 

(k) System identifier: CIG–29. 

(1) System Name: Privacy and Civil 

Liberties Complaint Reporting System. 

(2) Exemptions: Any portion of this 

record system which falls within the 

provisions of 5 U.S.C. 552a (j)(2), 

(k)(2)and (k)(5) may be exempt from the 

following subsections of 5 U.S.C. 552a: 

(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I). 

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

(k)(2), and (k)(5). 

(4) Reasons: To ensure the integrity of 

the privacy and civil liberties process. 

The execution requires that information 

be provided in a free and open manner 

without fear of retribution or 

harassment in order to facilitate a just, 

thorough, and timely resolution of the 

complaint or inquiry. Disclosures from 

this system can enable individuals to 

conceal their wrongdoing or mislead the 

course of the investigation by 

concealing, destroying, or fabricating 

evidence or documents. In addition, 

disclosures can subject sources and 

witnesses to harassment or intimidation 

which may cause individuals not to 

seek redress for wrongs through privacy 

and civil liberties channels for fear of 

retribution or harassment. There is a 

clear need to protect national security 

information from inadvertent 

disclosure. 

Dated: April 30, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–10190 Filed 5–2–14; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0005; FRL–9910–33– 

Region 3] 

Approval and Promulgation of 

Implementation Plans; Delaware; 

Regional Haze Five-Year Progress 

Report State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware 

through the Delaware Department of 

Natural Resources and Environmental 

Control (DNREC). Delaware’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 

state’s existing implementation plan 

addressing regional haze (regional haze 

SIP). EPA is approving Delaware’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: This final rule is effective on 

June 4, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0005. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (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 materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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 Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 25, 2014 (79 FR 10442), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. In the NPR, EPA proposed 

approval of Delaware’s progress report 

SIP, a report on progress made in the 

first implementation period towards 

RPGs for the Class I area outside the 

State that is affected by emissions from 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Rules and Regulations 25507 

1On July 19, 2011, EPA finalized an approval of 

Delaware’s September 25, 2008 regional haze SIP to 

address the first implementation period for regional 

haze. See 76 FR 42557. 

Delaware’s sources. This progress report 

SIP and accompanying cover letter also 

included a determination that 

Delaware’s existing regional haze SIP 

requires no substantive revision to 

achieve the established regional haze 

visibility improvement and emissions 

reduction goals for 2018. 

States are required to submit a 

progress report in the form of a SIP 

revision every five years that evaluates 

progress towards the RPGs for each 

mandatory Class I Federal area within 

the state and in each mandatory Class I 

Federal area outside the state which 

may be affected by emissions from 

within the state. See 40 CFR 51.308(g). 

In addition, the provisions under 40 

CFR 51.308(h) require states to submit, 

at the same time as the 40 CFR 51.308(g) 

progress report, a determination of the 

adequacy of the state’s existing regional 

haze SIP. The first progress report SIP 

is due five years after submittal of the 

initial regional haze SIP. On September 

25, 2008, Delaware DNREC submitted 

the State’s first regional haze SIP in 

accordance with 40 CFR 51.308(b).1 The 

progress report SIP revision was 

submitted by Delaware on September 

24, 2013, and EPA finds that it satisfies 

the requirements of 40 CFR 51.308(g) 

and 308(h). 

II. Summary of SIP Revision 

Delaware’s September 24, 2013 

progress report SIP addresses progress 

made towards RPGs of the Class I area 

outside the State that is affected by 

emissions from Delaware’s sources. This 

progress report SIP also includes a 

determination of the adequacy of the 

State’s existing regional haze SIP. 

Delaware does not have any Class I 

areas within its borders. However, in 

Delaware’s September 25, 2008 regional 

haze SIP submittal, DNREC had 

identified, through an area of influence 

modeling analysis based on back 

trajectories in consultation with the 

regional planning organization, MidAtlantic/Northeast Visibility Union 

(MANE–VU), only one Class I area, 

Edwin B. Forsythe National Wildlife 

Refuge (Brigantine Wilderness Area), in 

the neighboring State of New Jersey, that 

can be potentially impacted by 

Delaware sources. See 76 FR 42557 (July 

19, 2011). 

The provisions in 40 CFR 51.308(g) 

require a progress report SIP to address 

seven elements. EPA finds that 

Delaware’s progress report SIP 

addressed each element under 40 CFR 

51.308(g). The seven elements and 

EPA’s conclusion are briefly 

summarized below; however, the 

detailed rationale for EPA’s action is 

explained in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

The provisions in 40 CFR 51.308(g) 

require progress report SIPs to include 

a description of the status of measures 

in the approved regional haze SIP; a 

summary of emissions reductions 

achieved; an assessment of visibility 

conditions for each Class I area in the 

state; an analysis of changes in 

emissions from sources and activities 

within the state; an assessment of any 

significant changes in anthropogenic 

emissions within or outside the state 

that have limited or impeded progress 

in Class I areas impacted by the state’s 

sources; an assessment of the 

sufficiency of the approved regional 

haze SIP; and a review of the state’s 

visibility monitoring strategy. As 

explained in detail in the NPR, EPA 

finds that Delaware’s progress report SIP 

addressed each element and has 

therefore satisfied the requirements 

under 40 CFR 51.308(g). 

In addition, pursuant to 40 CFR 

51.308(h), states are required to submit, 

at the same time as the progress report 

SIP, a determination of the adequacy of 

their existing regional haze SIP and to 

take one of four possible actions based 

on information in the progress report. 

One possible action is submission of a 

negative declaration to EPA that no 

further substantive revision to the state’s 

existing regional haze SIP is needed. In 

its progress report SIP, Delaware 

submitted a negative declaration that it 

had determined that the existing 

regional haze SIP requires no further 

substantive revision to achieve the RPGs 

for the Class I area affected by 

Delaware’s sources. As explained in 

detail in the NPR, EPA concludes 

Delaware has adequately addressed 40 

CFR 51.308(h) because the visibility 

data trends at the Class I area impacted 

by Delaware’s sources and the emissions 

trends of Delaware’s largest emitters of 

visibility-impairing pollutants both 

indicate that Brigantine Wilderness 

Area, which is the Class I area impacted 

by Delaware sources, will be able to 

meet or exceed the RPGs for 2018. 

III. Final Action 

EPA is approving Delaware’s Regional 

Haze five-year progress report SIP 

revision, submitted September 24, 2013, 

as meeting the applicable regional haze 

requirements as set forth in 40 CFR 

51.308(g) and 51.308(h). 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 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 


wreier-aviles on DSK5TPTVN1PROD with RULES
25508 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Rules and Regulations 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 7, 2014. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. 

This action to approve Delaware’s 

regional haze five-year progress report 

SIP revision may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Dated: April 21, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(e) is amended by adding the entry for 

Regional Haze Five-Year Progress 

Report at the end of the table to read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision 

Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

Regional Haze Five-Year 

Progress Report.

Statewide ................................ 9/24/13 5/5/14 [Insert page number 

where the document begins].

[FR Doc. 2014–10111 Filed 5–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2013–0802; FRL 9909–24– 

OAR] 

RIN 2060–AS15 

Technical Amendments to Inadvertent 

Errors in Air Quality Designations for 

Fine Particles, Ozone, Lead, Nitrogen 

Dioxide and Sulfur Dioxide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to make technical amendments to 

address several minor, inadvertent and 

nonsubstantive errors in the regulatory 

text establishing the air quality 

designations for certain areas in 

fourteen states for the 1997 Fine 

Particles (PM2.5) National Ambient Air 

Quality Standard (NAAQS), the 2008 

Ozone NAAQS, the 2008 Lead NAAQS, 

the 2010 Nitrogen Dioxide (NO2) 

NAAQS and the 2010 Sulfur Dioxide 

(SO2) NAAQS. The states are: Alabama, 

Florida, Georgia, Idaho, Indiana, Iowa, 

Minnesota, Missouri, North Carolina, 

Ohio, Oregon, Tennessee, Washington 

and Wisconsin. This action does not 

change the designation for any area. 

DATES: This rule is effective on August 

4, 2014 without further notice, unless 

the EPA receives adverse comment by 

June 4, 2014. If the EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule, or 

the relevant provisions of this rule, will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2013–0802, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-r-Docket@

epamail.epa.gov, Attention Docket ID 

No. EPA–HQ–OAR–2013–0802. 

• Fax: (202) 566–1541, Attention 

Docket ID No. EPA–HQ–OAR–2013– 

0802. 

• Mail: Docket ID No. EPA–HQ– 

OAR–2013–0802, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

U.S. Environmental Protection Agency, 

1301 Constitution Avenue NW., Room: 

3334, Mail Code: 6102T, Washington, 

DC 20460, Attention Docket ID No. 

EPA–HQ–OAR–2013–0802. 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–HQ–OAR–2013– 

0802. The 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 the EPA will not know 

your identity or contact information 


wreier-aviles on DSK5TPTVN1PROD with RULES