Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 4799 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental 

regulations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: January 9, 2015. 

Jared Blumenfeld, 

Regional Administrator, EPA Region 9. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(450), (c)(451) and 

(c)(452) to read as read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(450) The following plan was 

submitted on February 24, 2006 by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) Sacramento Metro 1997 EightHour Ozone Planning Area. 

(1) Sacramento Regional 

Nonattainment Area 8-Hour Ozone 

Rate-of-Progress Plan, Final Draft, 

December 2005. 

(451) The following plan was 

submitted on April 17, 2009 by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) Sacramento Metro 1997 EightHour Ozone Planning Area. 

(1) Sacramento Regional 8-Hour 

Ozone Attainment and Reasonable 

Further Progress Plan (With Errata 

Sheets Incorporated), March 26, 2009 

(Reasonable further progress 

demonstration and related contingency 

demonstration for milestone year 2011 

as presented in chapter 13 (‘‘Reasonable 

Further Progress Demonstrations’’) 

only). 

(452) The following plan was 

submitted on December 31, 2013 by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) Sacramento Metro 1997 EightHour Ozone Planning Area. 

(1) Sacramento Regional 8-Hour 

Ozone Attainment and Reasonable 

Further Progress Plan (2013 SIP 

Revisions), September 26, 2013, 

including appendices. 

(2) Supplemental information, titled 

‘‘Sacramento Federal Ozone 

Nonattainment Area, July 24, 2014,’’ for 

Appendix F–1 (‘‘Vehicle Miles Traveled 

Offset Demonstration’’) of the 

Sacramento Regional 8-Hour Ozone 

Attainment and Reasonable Further 

Progress Plan (2013 SIP Revisions). 

[FR Doc. 2015–01609 Filed 1–28–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0725, FRL–9922–04– 

Region 8] 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 1997 and 2006 

PM2.5, 2008 Lead, 2008 Ozone, and 

2010 NO2 National Ambient Air Quality 

Standards; South Dakota 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

revisions from the State of South Dakota 

to demonstrate the State meets 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for fine particulate matter 

(PM2.5) on July 18, 1997 and October 17, 

2006; lead (Pb) on October 15, 2008; 

ozone on March 12, 2008; and nitrogen 

dioxide (NO2) on January 22, 2010. EPA 

is also approving SIP revisions the State 

submitted updating the Prevention of 

Significant Deterioration (PSD) program 

and provisions regarding state boards. 

Section 110(a) of the CAA requires that 

each state submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA. 

DATES: This rule is effective on March 2, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0725. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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, 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 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 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Abby Fulton, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, 303–312–6563, 

fulton.abby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Orders Review 

I. Background 

Infrastructure requirements for SIPs 

are provided in section 110(a)(1) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

notice of proposed rulemaking (NPR) 

published on December 1, 2014 (79 FR 

71040). 

The NPR proposed approval of South 

Dakota’s submissions with respect to the 

following infrastructure elements for the 

1997 and 2006 PM2.5, 2008 Pb, 2008 

ozone, and 2010 NO2 NAAQS: CAA 

110(a)(2) (A), (B), (C) with respect to 

minor new source review (NSR) and 

PSD requirements, (D)(i)(II) prongs 3 

and 4, (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). The reasons for our 

approval are provided in detail in the 

NPR. 

For reasons explained in the NPR, 

EPA also proposed to approve revisions 

to the Administrative Rules of South 

Dakota (ARSD) 74:36:09 submitted on 

July 29, 2013, which incorporate by 

reference the requirements of EPA’s 

September 29, 2010 PM2.5 Increment 

Rule. Specifically, we proposed to 

approve the adoption of the text of 40 

CFR 52.21, paragraphs (b)(14)(i),(ii),(iii), 

(b)(15)(i),(ii), and paragraph (c) as they 

existed on July 1, 2012 by approving 

revisions to: ARSD 74:34:09:02 


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4800 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 

(Prevention of significant deterioration) 

and 74:36:09:03 (Public participation). 

For reasons explained in the NPR, 

EPA proposed approval of revisions to 

ARSD 74:09 and the South Dakota 

Codified Laws (SDCL) 1–40–25.1 

submitted on June 11, 2014 to satisfy 

requirements of element (E)(ii), state 

boards. Finally, EPA proposed approval 

of D(i)(I) prongs 1 and 2 for the 2006 

PM2.5, 2008 Pb, and 2010 NO2 NAAQS. 

EPA will act separately on infrastructure 

element (D)(i)(I), interstate transport for 

the 2008 ozone NAAQS. 

II. Response to Comments 

No comments were received on our 

December 1, 2014 NPR. 

III. Final Action 

EPA is approving the following 

infrastructure elements for the 1997 and 

2006 PM2.5, 2008 Pb, 2008 ozone, and 

2010 NO2 NAAQS: CAA 110(a)(2) (A), 

(B), (C) with respect to minor NSR and 

PSD requirements, (D)(i)(II) prongs 3 

and 4, (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). EPA is also approving 

revisions to ARSD 74:36:09 submitted 

on July 29, 2013, which incorporate by 

reference the requirements of EPA’s 

September 29, 2010 PM2.5 Increment 

Rule. Specifically, we are approving the 

adoption of the text of 40 CFR 52.21, 

paragraphs (b)(14)(i),(ii),(iii), 

(b)(15)(i),(ii), and paragraph (c) as they 

existed on July 1, 2012 by approving 

revisions to: ARSD 74:36:09:02 

(Prevention of significant deterioration) 

and 74:36:09:03 (Public participation). 

EPA is also approving revisions to 

ARSD 74:09 and SDCL 1–40–25.1 

submitted on June 11, 2014 to satisfy 

requirements of element (E)(ii), state 

boards. Finally, EPA is approving D(i)(I) 

prongs 1 and 2 for the 2006 PM2.5, 2008 

Pb, and 2010 NO2 NAAQS. EPA will act 

separately on infrastructure element 

(D)(i)(I), interstate transport for the 2008 

ozone NAAQS. 

IV. 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 action 

merely approves some state law as 

meeting Federal requirements and 

disapproves other state law because it 

does not meet federal requirements; this 

action 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, 

Oct. 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 (Public Law 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, Aug. 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, Feb. 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

Nov. 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 March 30, 2015. 

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 CAA 

section 307(b)(2).) 

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, Incorporation by 

reference. 

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

Dated: January 14, 2015. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 QQ—South Dakota 

■ 2. Section 52.2170 is amended: 

■ a. In paragraph (c)(1) by: 

■ i. Adding a new centered heading for 

‘‘74:09:01 Contested Case Procedure’’ in 

numerical order and the table entries 

‘‘74:09:01:20’’ and ‘‘74:09:01:21’’ in 

numerical order; 

■ ii. Revising the table entries for 

‘‘74:36:09:02’’ and ‘‘74:36:09:03’’; and 

■ b. In the table in paragraph (e) by 

adding the entries ‘‘XIV’’, ‘‘XV’’, ‘‘XVI’’, 

‘‘XVII’’, and ‘‘XVIII’’ in numerical order. 

The revised and added text read as 

follows: 

§ 52.2170 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 


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Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 4801 

State citation Title/subject 

State 

effective 

date 

EPA approval date and citation 1 Explanations 

74:09:01 Contested Case Procedure 

74:09:01:20 .................................. Board member conflict of interest 5/29/2014 1/29/2015, [insert Federal Register citation].

74:09:01:21 .................................. Board member potential conflicts 

of interests.

5/29/2014 1/29/2015, [insert Federal Register citation].

* * * * * * * 

74:36:09 Prevention of Significant Deterioration 

*******

74:36:09:02 .................................. Prevention of significant deterioration.6/25/2013 1/29/2015, [insert Federal Register citation].

74:36:09:03 .................................. Public participation ...................... 6/25/2013 1/29/2015, [insert Federal Register citation].

*******

1 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. 

* * * * * (e) * * * 

Name of nonregulatory 

SIP provision 

Applicable geographic 

or non-attainment 

area 

State submittal date/

adopted date 

EPA approval date 

and citation 5 Explanations 

*******

XIV. Section 110(a)(2) 

Infrastructure Requirements for the 

1997 and 2006 

PM2.5 NAAQS.

Statewide ................... Submitted: 5/20/2008 

and 03/04/2011.

1/29/2015, [insert 

Federal Register 

citation].

XV. Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Lead NAAQS.

Statewide ................... Submitted: 10/10/2012 1/29/2015, [insert 

Federal Register 

citation].

XVI. Section 110(a)(2) 

Infrastructure Requirements for the 

2008 8-hour Ozone 

NAAQS.

Statewide ................... Submitted: 5/21/13 .... 1/29/2015, [insert 

Federal Register 

citation].

Excluding 110(D)(i)(I), interstate transport for 

the 2008 Ozone NAAQS which will be 

acted on separately. 

XVII. Section 110(a)(2) 

Infrastructure Requirements for the 

2010 NO2 NAAQS.

Statewide ................... Submitted: 10/23/13 .. 1/29/2015, [insert 

Federal Register 

citation].

XVIII. SDCL (South 

Dakota Codified 

Laws), 1–40–25.1.

Statewide ................... Submitted: 6/11/2014 1/29/2015, [insert 

Federal Register 

citation].

Source: SL 1995, ch 318 (Ex. Ord. 95–2), 

§ 15. 

5 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in the column for the particular provision. 

[FR Doc. 2015–01613 Filed 1–28–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 84 

[Docket Number CDC–2015–0004; NIOSH– 

280] 

RIN 0920–AA60 

Closed-Circuit Escape Respirators; 

Extension of Transition Period 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Interim final rule. 

SUMMARY: In March 2012, the 

Department of Health and Human 

Services (HHS) published a final rule 

establishing new standards for the 

certification of closed-circuit escape 

respirators (CCERs) by the National 

Institute for Occupational Safety and 

Health (NIOSH) within the Centers for 

Disease Control and Prevention (CDC). 

The new standards were designed to 

take effect over a 3-year transition 

period. HHS has determined that 


tkelley on DSK3SPTVN1PROD with RULES