Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules 41509 

section 110(a)(2)(M) for the 1997 PM2.5, 

2006 PM2.5, and 2008 ozone NAAQS. 

V. Proposed Action 

We are proposing to approve the 

Alaska SIP as meeting the following 

CAA section 110(a)(2) infrastructure 

elements for the 1997 PM2.5, 2006 PM2.5, 

and 2008 ozone NAAQS: (A), (B), (C), 

(D)(ii), (E), (F), (H), (J), (K), (L), and (M). 

We are also proposing to approve the 

Alaska SIP as meeting the requirements 

of CAA section 110(a)(2)(D)(i)(II) as it 

applies to prevention of significant 

deterioration and visibility for the 2006 

PM2.5 and 2008 ozone NAAQS. In 

addition, we are proposing to approve 

the Alaska SIP as meeting the 

requirements of CAA section 

110(a)(2)(G) for the 2008 ozone NAAQS. 

As discussed above, final action is 

contingent upon the EPA first taking 

final action on the May 5, 2014, 

proposed approval of revisions to the 

Alaska SIP to reflect changes to the 

NAAQS and Federal PSD permitting 

requirements (79 FR 25533). 

VI. 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, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves the state’s law 

as meeting Federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the state’s 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 

it does not involve technical standards; 

and 

• Does not provide the 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 Alaska, and the 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, 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: July 3, 2014. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2014–16729 Filed 7–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0183; FRL–9913–72– 

Region 8] 

Approval and Promulgation of 

Implementation Plans; Wyoming; 

Revisions to the Air Quality Standards 

and Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

changes to Wyoming’s State 

Implementation Plan (SIP). On February 

10, 2014, the Wyoming Department of 

Environmental Quality (WDEQ) 

submitted to EPA revisions to the 

Wyoming SIP. These revisions included 

edits to Wyoming Air Quality Standards 

and Regulations (WAQSR) Chapter 3, 

section 2(d). In this action, EPA is 

proposing to approve the revisions of 

this provision into the SIP because the 

revisions are consistent with Clean Air 

Act (CAA) requirements. The revisions 

will correct certain deficiencies related 

to the correct treatment of excess 

emissions from sources. EPA will 

address the remaining revisions from 

Wyoming’s February 10, 2014 

submission in separate actions. 

DATES: Comments must be received on 

or before August 15, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2014–0183, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: clark.adam@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Director, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mail Code 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–2014– 

0183. 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
41510 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules 

1The Petition is available to view in the docket 

for this action. 

2 Id. at 74. 

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 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, U.S. 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 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, U.S. Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, (303) 

312–7104, clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA mean 

or refer to the 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 IBR mean or refer to 

incorporation by reference. 

(iv) The initials SIP mean or refer to state 

implementation plan. 

(v) The initials SSM mean or refer to 

startup, shutdown, and malfunction. 

(vi) The words State or Wyoming mean the 

State of Wyoming, unless the context 

indicates otherwise. 

(vii) The initials WAQSR mean or refer to 

the Wyoming Air Quality Standards and 

Regulations. 

(viii) The initials WDEQ mean or refer to 

the Wyoming Department of Environmental 

Quality. 

I. General Information 

What should I consider as I prepare my 

comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

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: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register, date, and page number); 

• Follow directions and organize your 

comments; 

• Explain why you agree or disagree; 

• Suggest alternatives and substitute 

language for your requested changes; 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used; 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced; 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives; 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats; and 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

In accordance with the requirements 

of CAA section 110(a)(2)(A), SIPs must 

contain enforceable emission limitations 

and, in accordance with the definition 

of ‘‘emission limitations’’ in CAA 

section 302(k), such emission 

limitations must be continuous. In 

addition, under CAA section 304(a), any 

person may bring a civil action against 

any person alleged to have violated (if 

there is evidence that the alleged 

violation has been repeated) or to be in 

violation of an ‘‘emission standard or 

limitation’’ under the CAA. For the 

purposes of section 304, ‘‘emission 

standard or limitation’’ is defined in 

section 304(f) and includes SIP emission 

limitations. Thus, SIP emissions 

limitations can be enforced in a section 

304 action and so must be capable of 

enforcement. SIP provisions that create 

exemptions such that excess emissions 

during startup, shutdown, malfunctions 

(SSM) and other conditions are not 

violations of the applicable emission 

limitations are inconsistent with these 

fundamental requirements of the CAA 

with respect to emission limitations in 

SIPs. 

WAQSR Chapter 3, section 2(d) 

created an exemption for particulate 

matter emissions in excess of a 30 

percent opacity standard from diesel 

engines during startup, malfunction, 

and maintenance. Because this 

provision allowed exemptions from the 

otherwise applicable SIP emission limit, 

it was inconsistent with CAA 

requirements. 

On June 30, 2011, the Sierra Club 

filed with the EPA Administrator a 

petition for rulemaking concerning 

states’ treatment of excess emissions 

from sources during SSM events (the 

Petition).1 In the Petition, the Sierra 

Club identified existing SIP provisions 

in 39 states that the Sierra Club 

considered inconsistent with the CAA, 

including one provision in the 

Wyoming SIP. Specifically, the Sierra 

Club argued that WAQSR Chapter 3, 

‘‘General Emission Standards,’’ section 

2, ‘‘Emission standards for particulate 

matter,’’ subsection (d) ‘‘is contrary to 

EPA policy for source category specific 

rules for startup and shutdown.’’ 2

On February 22, 2013, EPA published 

a proposed rulemaking in which (among 

other things) we proposed to grant the 

Petition as it pertained to WAQSR 

Chapter 3, section 2(d). 78 FR 12460, 

12533. We concurred with Sierra Club’s 

assertion that this provision is 

inconsistent with the requirements of 

the CAA. For this reason, we proposed 

to find that WAQSR Chapter 3, section 

2(d) is substantially inadequate to meet 

CAA requirements, and concurrently 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Proposed Rules 41511 

3For a more in-depth discussion on the 

inadequacy of WAQSR Chapter 3, section 2(d), see 

our proposed SIP call at 78 FR 12533, February 22, 

2013. 

4We note that if we finalize our proposed 

approval of this revision to the Wyoming SIP, it will 

have the effect of mooting our proposed SIP call 

regarding this provision. 

proposed to issue a SIP call for this 

provision. 

On February 10, 2014, WDEQ 

submitted to EPA SIP revisions that 

included the removal of the problematic 

language in WAQSR Chapter 3, section 

2(d), as well as updates to the State’s 

incorporation by reference (IBR) of 

federal regulations. The State’s IBR 

updates will be acted upon in a separate 

rulemaking. 

III. Wyoming Revisions and EPA 

Analysis 

Under CAA section 107, states have 

the primary authority and responsibility 

to develop and implement SIPs that 

provide for attainment, maintenance, 

and enforcement of the National 

Ambient Air Quality Standards and 

meet other CAA requirements. Pursuant 

to CAA section 110(k), EPA has the 

authority and responsibility to review 

state SIP submissions to assure that they 

meet all applicable requirements. CAA 

section 110(l) prohibits EPA from 

approving a SIP revision that (among 

other things) would interfere with any 

applicable requirement of the CAA. In 

this instance, the State has elected to 

revise its existing SIP by editing a 

previously approved provision that 

created exemptions from otherwise 

applicable emission limitations in the 

SIP. 

The State made two edits to WAQSR 

Chapter 3, section 2(d). Notably, the 

sentence that read ‘‘This limitation shall 

not apply during a reasonable period of 

warmup following a cold start or where 

undergoing repairs and adjustment 

following malfunction’’ was struck from 

the provision. 

We consider this change sufficient to 

correct the provision’s inadequacy and 

to meet the requirements of the CAA.3

As a result of the removal of the 

problematic language from WAQSR 

Chapter 3, section 2(d), the improper 

exemptions from the emissions 

limitation contained within this 

provision will no longer be available to 

sources. EPA’s proposed approval is 

also consistent with CAA section 110(l) 

because approval will not interfere with 

any applicable requirement of the CAA. 

Specifically, removal of the exemptions 

will not relax the existing emission 

limitation in the SIP and will in fact be 

more protective. Furthermore, this 

revision will render the revised 

emissions limitation consistent with the 

requirements of the CAA for SIP 

provisions by making it continuously 

applicable and more enforceable. 

Therefore, we are proposing to approve 

the removal of this language from the 

provision.4

Wyoming also added language to 

WAQSR Chapter 3, section 2(d) 

clarifying that the provision applies to 

both stationary and portable diesel 

engines. EPA finds no issue with this 

clarifying language and therefore 

proposes to approve this change as well. 

IV. EPA’s Proposed Action 

We are proposing to approve the 

revisions to WAQSR Chapter 3, section 

2(d) of the Wyoming SIP, as reflected in 

the State’s February 10, 2014 

submission. 

V. Statutory and Executive Orders 

Review 

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 proposes to approve 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 

of the Paperwork Reduction Act (44 

USC 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 

USC 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 USC 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 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: June 24, 2014. 

Shaun L. McGrath, 

Regional Administrator. 

[FR Doc. 2014–16740 Filed 7–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF EDUCATION 

48 CFR Parts 3401, 3403, 3404, 3405, 

3406, 3407, 3408, 3409, 3411, 3413, 

3414, 3415, 3416, 3417, 3419, 3422, 

3425, 3427, 3428, 3430, 3431, 3432, 

3433, 3434, 3437, 3439, 3442, 3444, 

3447, 3448, and 3452 

[Docket ID ED–2013–OCFO–0078] 

RIN 1890–AA18 

Department of Education Acquisition 

Regulation 

AGENCY: Office of the Chief Financial 

Officer, Department of Education. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Secretary proposes to 

modify the Department of Education 

Acquisition Regulation (EDAR) in order 

to update it to accurately implement the 

current Federal Acquisition Regulation 

(FAR) and Department policies. 

DATES: The Department must receive 

your comments on or before September 

15, 2014. 


tkelley on DSK3SPTVN1PROD with PROPOSALS