21668 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Proposed Rules 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing this proposed priority 

only on a reasoned determination that 

its benefits justify its costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that maximize net benefits. 

Based on the analysis that follows, the 

Department believes that this regulatory 

action is consistent with the principles 

in Executive Order 13563. 

We have also determined that this 

regulatory action does not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: April 14, 2014. 

Michael K. Yudin, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2014–08796 Filed 4–16–14; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2009–0594; FRL–9909–55– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; States of 

Arkansas and Louisiana; Clean Air 

Interstate Rule State Implementation 

Plan Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions submitted to the applicable 

State Implementation Plans (SIPs) 

addressing the requirements of EPA’s 

Clean Air Interstate Rule (CAIR) for 

Arkansas and Louisiana. EPA is 

proposing to approve revisions to the 

CAIR NOX Ozone Season allocation 

methodology adopted on December 5, 

2008, by the Arkansas Pollution Control 

and Ecology Commission and submitted 

as revisions to the Arkansas SIP on 

September 16, 2009. EPA is proposing 

to approve revisions to the CAIR NOX

Annual and Ozone Season Abbreviated 

SIP for the annual and ozone season 

NOX allocation methodologies and the 

CAIR SO2 SIP adopted on June 20, 2008 

by the State of Louisiana and submitted 

as revisions to the Louisiana SIP on July 

1, 2009. EPA has evaluated the CAIR 

SIP revisions for Arkansas and 

Louisiana and made the preliminary 

determination that these revisions are 

consistent with the requirements of 

CAIR and the Clean Air Act. Therefore 

we are proposing to approve the 

revisions to the Arkansas and Louisiana 

SIPs under section 110 of the Act. 

DATES: Written comments should be 

received on or before May 19, 2014. 

ADDRESSES: Comments may be mailed to 

Ms. Adina Wiley, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Comments 

may also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley (6PD–R), telephone (214) 

665–2115, email address wiley.adina@

epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct rule without 

prior proposal because the Agency 

views this as noncontroversial submittal 

and anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 


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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Proposed Rules 21669 

1Stephen D. Page, Director, Office of Air Quality 

Planning and Standards. ‘‘Guidance on 

Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) 

and 110(a)(2).’’ Memorandum to EPA Air Division 

Directors, Regions 1–10, September 13, 2013. 

interested in commenting on this action 

should do so at this time. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: April 2, 2014. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2014–08646 Filed 4–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0708, FRL–9909–47– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Idaho: 

Infrastructure Requirements for the 

2010 Nitrogen Dioxide and 2010 Sulfur 

Dioxide National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to find that 

the Idaho State Implementation Plan 

(SIP) meets the infrastructure 

requirements of the Clean Air Act (CAA) 

for the National Ambient Air Quality 

Standards (NAAQS) promulgated for 

nitrogen dioxide (NO2) on January 22, 

2010, and sulfur dioxide (SO2) on June 

2, 2010. Whenever a new or revised 

NAAQS is promulgated, the CAA 

requires states to submit a plan for the 

implementation, maintenance and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements, including but not limited to 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. 

DATES: Comments must be received on 

or before May 19, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2013–0708, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10-Public_Comments@

epa.gov 

• Mail: Kristin Hall, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101 

• Hand Delivery/Courier: EPA Region 

10 Mailroom, 9th floor, 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

Attention: Kristin Hall, Office of Air, 

Waste and Toxics, AWT–107. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2013– 

0708. 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 

the disclosure of which 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 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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 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 

the disclosure of which 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. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

WA 98101. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall at (206) 553–6357, 

hall.kristin@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

intended to refer to the EPA. 

Information is organized as follows: 

Table of Contents 

I. Background 

II. CAA Sections 110(a)(1) and (2) 

Infrastructure Elements 

III. EPA Approach to Review of Infrastructure 

SIP Submittals 

IV. Analysis of the Idaho Submittals 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Background 

The EPA first set standards for NO2 in 

1971, setting both a primary standard (to 

protect health) and a secondary 

standard (to protect the public welfare) 

at 53 parts per billion (53 ppb), averaged 

annually. The EPA reviewed the 

standards in 1985 and 1996, deciding to 

retain the standards at the conclusion of 

each review. In 2005, the EPA began 

another review, resulting in the January 

22, 2010, rulemaking to establish an 

additional primary NO2 standard at 100 

ppb, averaged over one hour (75 FR 

6474). 

Primary standards for SO2 were first 

set in 1971, at 0.14 parts per million 

(ppm) averaged over a 24-hour period, 

not to be exceeded more than once per 

year, and 0.030 ppm, annual arithmetic 

mean. The EPA subsequently reviewed 

the primary standards and determined 

to retain them in 1996 at the conclusion 

of the review. More recently, on June 2, 

2010, the EPA promulgated a revised 

primary SO2 standard at 75 ppb, based 

on a three-year average of the annual 

99th percentile of one-hour daily 

maximum concentrations (75 FR 35520). 

The CAA requires that states submit 

SIPs meeting the requirements of CAA 

sections 110(a)(1) and (2) within three 

years after promulgation of a new or 

revised standard. CAA sections 

110(a)(1) and (2) require states to 

address basic SIP elements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance of the standards, the socalled ‘‘infrastructure’’ requirements. To 

help states, the EPA issued guidance on 

September 13, 2013, addressing 

infrastructure SIP elements for certain 

NAAQS, including the 2010 NO2 and 

2010 SO2 NAAQS.1 As noted in the 

guidance, to the extent an existing SIP 

already meets the CAA section 110(a)(2) 


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