Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 29359 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

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 21, 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, Incorporation by 

reference, Lead, Particulate matter, and 

Reporting and recordkeeping 

requirements. 

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

Dated: May 1, 2014. 

Michelle Pirzadeh, 

Acting Regional Administrator, Region 10. 

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 N—Idaho 

■ 2. In § 52.670, the table in paragraph 

(e) is amended by adding an entry at the 

end of the table for ‘‘Section 110(a)(2) 

Infrastructure Requirements for the 2008 

Pb NAAQS.’’ 

The addition reads as follows: 

§ 52.670 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic 

or nonattainment area 

State 

submittal date EPA approval date Comments 

*******

Section 110(a)(2) Infrastructure Requirements for the 2008 Pb 

NAAQS.

State-wide .................... 2/14/2012 5/22/2014 [Insert page 

number where the 

document begins].

This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), 

(G), (H), (J), (K), (L), and (M). 

[FR Doc. 2014–11508 Filed 5–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0139 FRL–9911–23– 

Region–10] 

Approval and Promulgation of 

Implementation Plans; State of 

Oregon; Approval of Substitution for 

Transportation Control Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an 

administrative change to update the 

Code of Federal Regulations (CFR) to 

reflect a change made to the Oregon 

State Implementation Plan (SIP) on 

December 11, 2013. The EPA has 

concurred on a substitute transportation 

control measure (TCM) for the Portland 

Area Carbon Monoxide Maintenance 

Plan portion of the Oregon SIP. On 

January 14, 2014, the Oregon 

Department of Environmental Quality 

(ODEQ) submitted a revision to the 

Oregon SIP requesting that the EPA 

update its SIP to reflect a substitution of 

a TCM. The substitution was made 

pursuant to the TCM substitution 

provisions contained in the Clean Air 

Act (CAA). The EPA concurred with 

this substitution on April 16, 2014. In 

this administrative action, the EPA is 

updating the non-regulatory provisions 

of the Oregon SIP to reflect the 

substitution. The substitution that the 

EPA concurred with is an equivalent 

method for assessing the transit service 

increase TCM. 

DATES: This action is effective May 22, 

2014. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following location: US 

Environmental Protection Agency, 

Region 10, Office of Air, Waste, and 

Toxics (OAWT–107), 1200 Sixth 

Avenue, Seattle, Oregon 98101. Publicly 

available docket materials are available 

either electronically at 

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, 

Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Justin A. Spenillo, EPA Region 10, (206) 

553–6125, spenillo.justin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

intended to refer to the EPA. 

Table of Contents 

I. This Action 

II. Statutory and Executive Order Review 

I. This Action 

On April 16, 2014, the EPA concurred 

with a determination by the ODEQ and 

Metro, the metropolitan planning 

organization for the Portland area, that 

the replacement of a transit service 

increase TCM with an equivalent 

substitute transit service increase TCM 

met the requirements of CAA section 

176(c)(8). (See also EPA’s Guidance for 

Implementing the CAA section 176(c)(8) 

Transportation Control Measure 

Substitution and Addition Provision 

contained in the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users which was 

signed into law on August 10, 2005, 

dated January 2009.) This action 

provides notice of the EPA’s 

concurrence with this substitution, and 

codifies the substitute transportation 

control measure in the Federally 

approved Oregon SIP. The substitution 

replaces the existing transit service 

increase TCM with a TCM containing an 

equivalent method for assessing the 

transit service increase. The substituted 

TCM is: ‘‘Transit Service Increase: 

Regional transit service revenue hours 

(weighted by capacity) shall be 

increased 1.0% per year. The increase 

shall be assessed on the basis of 

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29360 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 

cumulative average of actual hours for 

assessment conducted for the entire 

second ten-year Portland Area Carbon 

Monoxide Maintenance Plan (2007– 

2017). Transit service increase will be 

assessed on the basis of fiscal year (July 

1–June 30) beginning with FY 2008.’’ 

The TCM substitution process is 

collaborative, and includes participation 

by all affected jurisdictions and 

agencies, consultation with the EPA, 

and reasonable notice and opportunity 

for public comment. To develop a 

substitute TCM, the ODEQ and Metro 

consulted with the Transportation 

Policy Advisory Committee (TPAC), a 

technical advisory committee of the 

Joint Policy Advisory Committee on 

Transportation (JPACT) that is 

comprised of elected officials and 

representatives of agencies involved in 

transportation in the Portland area and 

includes representatives from the 

community, state and regional partners, 

and local jurisdictions. Public notice 

and comment was provided by Metro in 

coordination with the ODEQ. The 

public notice was published in The 

Oregonian on July 15, 2013, along with 

being posted on the ODEQ’s Web page 

on July 15, 2013, published in the 

August 2013 Oregon Bulletin, and 

multiple other forms of notice as 

described in the docket. 

Through the concurrence process, the 

EPA determined that the requirements 

of CAA section 176(c)(8) were satisfied, 

including the requirements that the 

substitute measures (1) achieve 

equivalent or greater emissions 

reductions than the control measure to 

be replaced, (2) are implemented on a 

schedule consistent with the schedule 

for the existing TCM, (3) have adequate 

personnel, funding and authority under 

state or local law to implement, monitor 

and enforce, and (4) are jointly 

concurred upon by the ODEQ, the EPA 

and Metro. Upon the EPA’s 

concurrence, the transit service increase 

TCM substitution took effect as a matter 

of Federal law. A copy of the EPA’s 

concurrence letter along with the 

ODEQ’s letter submittal and additional 

support material is included in the 

Docket for this action. This letter can be 

accessed at www.regulations.gov using 

Docket ID No. EPA–R10–OAR–2014– 

0139. In accordance with the 

requirements for TCM substitution, on 

January 14, 2014, the ODEQ submitted 

a request for the EPA to update the 

Portland Area Carbon Monoxide portion 

of the Oregon SIP to reflect the EPA’s 

concurrence on transit service increase 

TCM substitution in its SIP (the subject 

of this administrative change). Today, 

the EPA is taking administrative action 

to update the non-regulatory provisions 

of the Oregon SIP in 40 CFR 52.1970 (e) 

to reflect the EPA’s concurrence on the 

transit service TCM substitution. 

STATE OF OREGON AIR QUALITY CONTROL PROGRAM

SIP citation Title/subject State effective date EPA approval date Explanation 

Section 4 ............... Control Strategies 

for Nonattainment Areas.

4.58 12/15/2004; 4.58 1/24/2006, 71 FR 3768; 4.58 Portland Area CO Maintenance 

Plan 2nd 10-year. 

4.58 12/11/2013; 4.58 5/22/2014 [Insert FR number] 4.58 Portland Area CO Maintenance 

Plan 2nd 10-year; TCM substitution 

update 4.58.3.2.2. 

Immediate notice of this action in the 

Federal Register benefits the public by 

providing the public notice of the 

updated Federally approved Oregon SIP 

and ‘‘Identification of Plan’’ portion of 

the Code of Federal Regulations. 

II. Statutory and Executive Order 

Reviews 

This action does not have federalism 

implications. It will 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, as specified in 

Executive Order 13132. Thus, Executive 

Order 13132 does not apply to this 

action. 

Although section 6 of Executive Order 

13132 does not apply to this action, the 

EPA did consult with representatives of 

state and local governments in taking 

this action. This action does not have 

tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), as it does not affect 

any tribal groups. Thus, Executive Order 

13175 does not apply to this action. 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. The 

EPA has determined that this 

administrative action will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference. 

Dated: May 6, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

Part 52 of 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 MM—Oregon 

■ 2. Section 52.1970(e), the table titled 

‘‘State of Oregon Air Quality Control 

Program’’ is amended by revising entry 

4.58 under ‘‘Section 4: ‘‘Control 

Strategies for Nonattainment Areas’’ to 

read as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(e) * * * 

* * * * * 

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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 29361 

STATE OF OREGON AIR QUALITY CONTROL PROGRAM

SIP citation Title/subject State effective date EPA Approval date Explanation 

*******

Section 4 ........... Control Strategies for Nonattainment Areas 

*******

4.58 12/15/2004; 4.58 1/24/2006, 71 FR 3768; 4.58 Portland Area CO Maintenance Plan 2nd 10-year. 

4.58 12/11/2013; 4.58 5/22/2014 [Insert FR 

number] 

4.58 Portland Area CO Maintenance Plan 2nd 10-year; TCM 

substitution update 4.58.3.2.2. 

* * * * * 

[FR Doc. 2014–11790 Filed 5–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2013–0028; FRL–9908–52– 

Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts; Reasonably Available 

Control Technology for the 1997 8- 

Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendments. 

SUMMARY: The Environmental Protection 

Agency (EPA) published a final rule 

regarding reasonably available control 

technology requirements for 

Massachusetts in the Federal Register 

on September 9, 2013. An error in Table 

52.1167 was identified and is corrected 

in this action. 

DATES: This rule is effective on June 23, 

2014. 

FOR FURTHER INFORMATION CONTACT: Bob 

McConnell, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square, Suite 100 (mail 

code: OEP05–2), Boston, MA, 02109– 

3912, telephone number (617) 918– 

1046, fax number (617) 918–0046, email 

mcconnell.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: In rule FR 

Doc. 2013–21618 published on 

September 9, 2013 (78 FR 54960), make 

the following correction. On page 

54962, the sixth column of Table 

52.1167 incorrectly contained the 

placeholder language ‘‘Insert next 

available paragraph number in 

sequence’’ in two locations. Rather than 

this language, table 52.1167 should have 

indicated the number ‘‘138’’ instead. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 1, 2014. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations, 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 § 52.1167, Table 52.1167 is 

amended by revising the entries for 

‘‘310 CMR 7.18(8) for Solvent Metal 

Degreasing for 6/1/10’’ and ‘‘310 CMR 

7.24(6) for Dispensing of Motor Vehicle 

Fuel for 6/1/10’’ to read as follows: 

§ 52.1167—EPA-approved Massachusetts 

State regulations. 

* * * * * 

TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS

[See Notes at end of table] 

State citation Title/subject 

Date 

submitted 

by State 

Date approved 

by EPA 

Federal 

Register 

citation 

52.1120(c) 

Comments/ 

unapproved 

sections 

*******

310 CMR 7.18(8) ... Solvent Metal Degreasing ..................... 6/1/10 9/13/2013 78 FR 54960 138 

*******

310 CMR 7.24(6) ... Dispensing of Motor Vehicle Fuel ......... 6/1/10 9/13/2013 78 FR 54960 138 

*******

Notes: 

1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this date. 

2. The regulations are effective statewide unless stated otherwise in comments or title section. 

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