Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations 31045 

§ 49.158 Synthetic minor source permits. 

* * * * * 

(c) * * * 

(1) If your existing synthetic minor 

source and/or synthetic minor HAP 

source was established pursuant to the 

FIPs applicable to the Indian 

reservations in Idaho, Oregon and 

Washington or was established under an 

EPA-approved rule or permit program 

limiting potential to emit, you do not 

need to take any action under this 

program unless you propose a 

modification for this existing synthetic 

minor source and/or synthetic minor 

HAP source on or after August 30, 2011. 

For these modifications, you need to 

obtain a permit pursuant to § 49.158 

before you begin construction. 

* * * * * 

■ 6. Section 49.160 is amended by 

revising paragraph (d)(1) to read as 

follows: 

§ 49.160 Registration program for minor 

sources in Indian country. 

* * * * * 

(d) * * * 

(1) Report of relocation. After your 

source has been registered, you must 

report any relocation of your source to 

the reviewing authority in writing no 

later than 30 days prior to the relocation 

of the source. Unless otherwise 

specified in an existing permit, a report 

of relocation shall be provided as 

specified in paragraph (d)(1)(i) or (ii) of 

this section, as applicable. In either 

case, the permit application for the new 

location satisfies the report of relocation 

requirement. 

(i) Where the relocation results in a 

change in the reviewing authority for 

your source, you must submit a report 

of relocation to the current reviewing 

authority and a permit application to 

the new reviewing authority. 

(ii) Where the reviewing authority 

remains the same, a report of relocation 

is fulfilled through the permit 

application for the new location. 

* * * * * 

[FR Doc. 2014–11499 Filed 5–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2014–0182; 

FRL–9911–56–Region 2] 

Approval and Promulgation of 

Implementation Plans; Carbon 

Monoxide Maintenance Plan, 

Conformity Budgets, Emissions 

Inventories; State of New York 

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 New York State 

Department of Environmental 

Conservation. This revision establishes 

an updated ten-year carbon monoxide 

(CO) maintenance plan for the New 

York portion of the New York-Northern 

New Jersey-Long Island (NYCMA) CO 

area which includes the following seven 

counties: Bronx, Kings, Nassau, New 

York, Queens, Richmond and 

Westchester. In addition, EPA is 

approving a revision to the CO motor 

vehicle emissions budgets for New York 

and revisions to the 2007 Attainment/

Base Year emissions inventory. 

The New York portion of the NYCMA 

CO area was redesignated to attainment 

of the CO National Ambient Air Quality 

Standard (NAAQS) on April 19, 2002 

and maintenance plans were also 

approved at that time. By this action, 

EPA is approving the second 

maintenance plan for this area because 

it provides for continued attainment for 

an additional ten years of the CO 

NAAQS. The intended effect of this 

rulemaking is to approve a SIP revision 

that will insure continued maintenance 

of the CO NAAQS. 

DATES: Effective Date: This rule is 

effective on June 30, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2014–0182. All 

documents in the docket are listed in 

the http://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 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Programs Branch, Environmental 

Protection Agency, Region II, 290 

Broadway, New York, New York 10007– 

1866. This Docket Facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

Docket telephone number is 212–637– 

4249. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

final action, please contact Henry 

Feingersh, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, telephone number 

(212) 637–3382, fax number (212) 637– 

3901, email feingersh.henry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

EPA is approving New York’s SIP 

revision updating their existing ten-year 

carbon monoxide (CO) maintenance 

plan with another ten-year plan for the 

New York portion of the New YorkNorthern New Jersey-Long Island 

(NYCMA) CO area which includes the 

following seven counties: Bronx, Kings, 

Nassau, New York, Queens, Richmond 

and Westchester. The reader is referred 

to the March 25, 2014 (79 FR 16265) 

proposal for details on this rulemaking. 

II. What comments did EPA receive on 

its proposal and what are EPA’s 

responses? 

EPA received one comment that 

supports our proposed approval of the 

updated CO maintenance plan. EPA is 

approving the New York SIP revision 

request. 

III. What is EPA’s final action? 

EPA is approving New York’s SIP 

revision updating their existing ten-year 

CO maintenance plan for the New York 

portion of the New York-Northern New 

Jersey-Long Island (NYCMA) CO area. 

EPA is also approving the 2007 CO base 

year emissions inventory and the CO 

motor vehicle emissions budgets all 

dated May 9, 2013. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 


ehiers on DSK2VPTVN1PROD with RULES
31046 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations 

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 Clean Air Act; 

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. 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 29, 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 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: May 16, 2014. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Therefore, 40 CFR part 52 is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.1670, add a new entry at the 

end of the table in paragraph (e) to read 

as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Action/SIP element Applicable geographic or 

nonattainment area 

New York 

submittal date EPA approval date Explanation 

*******

Approval of CO maintenance 

plan, CO motor vehicle 

budgets, and 2007 CO base 

year emissions inventory.

New York portion of the New 

York-Northern New JerseyLong Island (NYCMA) CO 

area.

05/09/13 5/30/14 [insert page number 

where the document begins].

This is the 2nd 10-year CO 

maintenance plan for the 

New York portion of the 

NYCMA. 

■ 3. In § 52.1682, add paragraph (d) to 

read as follows: 

§ 52.1682 Control strategy: Carbon 

monoxide. 

* * * * * 

(d) Approval—The May 9, 2013 

revision to the carbon monoxide (CO) 

maintenance plan for the New York 

portion of the New York-Northern New 

Jersey-Long Island, NYCMA, CO area. 

This revision contains a second ten-year 

maintenance plan that demonstrates 

continued attainment of the National 

Ambient Air Quality Standard for CO 

through the year 2022, 2007 CO base 

year emissions inventory and CO motor 

vehicle emissions budgets through the 

maintenance period. 

[FR Doc. 2014–12465 Filed 5–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0495; FRL–9909–35– 

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). 


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