40664 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations 

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP 

provision 

Applicable 

geographic or 

non-attainment area 

State submittal date EPA approval date Comments 

*******

Section 110(a)(2) Infrastructure Requirements 

for the 1997 PM2.5

NAAQS.

State-wide ......................... 9/15/2008; 6/28/2010 ........ 7/14/2014 [Insert page 

number where the document begins].

This action addresses the 

following CAA elements 

or portions thereof: 

110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), 

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

Section 110(a)(2) Infrastructure Requirements 

for the 2006 PM2.5

NAAQS.

State-wide ......................... 6/28/2010; 8/10/2011 ........ 7/14/2014 [Insert page 

number where the document begins].

This action addresses the 

following CAA elements 

or portions thereof: 

110(a)(2)(A), (B), (C), 

(D)(i)(II), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), 

and (M). 

Section 110(a)(2) Infrastructure Requirements 

for the 2008 Ozone 

NAAQS.

State-wide ......................... 6/28/2010 .......................... 7/14/2014 [Insert page 

number where the document begins].

This action addresses the 

following CAA elements 

or portions thereof: 

110(a)(2)(A), (B), (C), 

(D)(i)(II), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), 

and (M). 

[FR Doc. 2014–16299 Filed 7–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0649; FRL–9913–41– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Section 110(a)(2) 

Infrastructure Requirements for the 

2010 Nitrogen Dioxide National 

Ambient Air Quality Standards 

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 State of Maryland 

pursuant to the Clean Air Act (CAA). 

Whenever new or revised National 

Ambient Air Quality Standards 

(NAAQS) are 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. The State of 

Maryland has made a submittal 

addressing the infrastructure 

requirements for the 2010 nitrogen 

dioxide (NO2) NAAQS. 

DATES: This final rule is effective on 

August 13, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0649. All 

documents in the docket are listed in 

the 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 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 9, 2010 (75 FR 6474), 

EPA established a new 1-hour primary 

NAAQS for NO2 at a level of 100 parts 

per billion (ppb), based on a 3-year 

average of the 98th percentile of the 

yearly distribution of 1-hour daily 

maximum concentrations. Section 

110(a) of the CAA requires states to 

submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS. Specifically, section 110(a)(1) 

requires states to submit SIPs meeting 

the applicable requirements of section 

110(a)(2) within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe, and section 110(a)(2) requires 

states to address specific elements for 

monitoring, basic program requirements 

and legal authority that are designed to 

assure attainment and maintenance of 

the newly established or revised 

NAAQS. 

The contents of a SIP submission may 

vary depending upon the data and 

analytical tools available to the state, as 

well as the provisions already contained 

in the state’s SIP at the time in which 

the state develops and submits the 

submission for a new or revised 

NAAQS. States were required to submit 

such SIPs for the 2010 NO2 NAAQS to 

EPA no later than January 2013. 

II. Summary of SIP Revision 

On April 15, 2014 (79 FR 21173), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

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Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations 40665 

Maryland proposing approval of 

Maryland’s August 14, 2013 submittal to 

satisfy several requirements of section 

110(a)(2) of the CAA for the 2010 NO2

NAAQS. In the NPR, EPA proposed 

approval of the following infrastructure 

elements: Sections 110(a)(2)(A), (B), (C), 

(D), (E), (F), (G), (H), (J), (K), (L), and 

(M), or portions thereof. This action 

does not include any action on section 

110(a)(2)(I) of the CAA which pertains 

to the nonattainment requirements of 

part D, Title I of the CAA, because this 

element is not required to be submitted 

by the 3-year submission deadline of 

CAA section 110(a)(1), and will be 

addressed in a separate process if 

necessary. The rationale which supports 

EPA’s proposed action, including the 

scope of infrastructure SIPs in general, 

is explained in the NPR and the 

technical support document (TSD) 

accompanying the NPR and will not be 

restated here. The TSD is available 

online at www.regulations.gov, Docket 

ID Number EPA–R03–OAR–2013–0649. 

III. Final Action 

EPA is approving as a revision to the 

Maryland SIP the following 

infrastructure elements in Maryland’s 

August 14, 2013 submittal for the 2010 

NO2 NAAQS: Sections 110(a)(2)(A), (B), 

(C), (D), (E), (F), (G), (H), (J), (K), (L), and 

(M). This rulemaking action does not 

include section 110(a)(2)(I) of the CAA 

which pertains to the nonattainment 

requirements of part D, Title I of the 

CAA, since this element is not required 

to be submitted by the three year 

submission deadline of section 

110(a)(1), and will be addressed in a 

separate process. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 state law as meeting 

Federal requirements and 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, 

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 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 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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 September 12, 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, 

addressing infrastructure requirements 

of section 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M) of the 

CAA for the 2010 NO2 NAAQS for the 

State of Maryland, 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, Nitrogen dioxide, Reporting 

and recordkeeping requirements. 

Dated: June 25, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding the entry for 

‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2010 Nitrogen 

Dioxide NAAQS’’ at the end of the table 

to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

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40666 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations 

Name of nonregulatory SIP 

revision 

Applicable 

geographic 

area 

State submittal 

date EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen 

Dioxide NAAQS.

Statewide. 8/14/2013 7/14/2014 [Insert Federal Register 

citation].

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. 2014–16301 Filed 7–11–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0542; FRL–9913–48– 

Region–6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to the New Source Review 

State Implementation Plan; Flexible 

Permit Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is conditionally 

approving revisions to the Texas New 

Source Review (NSR) State 

Implementation Plan (SIP) to establish 

the Texas Minor NSR Flexible Permits 

Program, submitted by the Texas 

Commission on Environmental Quality 

(TCEQ). The conditional approval is 

predicated on a commitment from TCEQ 

in a letter dated December 9, 2013, to 

adopt certain minor clarifications to the 

Flexible Permit Program by November 

30, 2014. The EPA is finalizing this 

action under section 110 of the Clean 

Air Act (CAA). 

DATES: This final rule is effective August 

13, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0542. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available. 

E.g., Confidential Business Information 

or other information the disclosure of 

which is restricted by the 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 http://

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. While all documents in the 

docket are listed in the index, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material), and some may 

not be publicly available at either 

location (e.g., CBI). To inspect the hard 

copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Stephanie Kordzi, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–7520; email address 

kordzi.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. 

Table of Contents 

I. Background for This Final Action 

II. Response to Comments 

III. When is this action effective? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background for This Final Action 

On September 23, 2009, the EPA 

proposed to disapprove revisions to the 

SIP submitted by the State of Texas that 

established the Flexible Permit Program. 

74 FR 48480. On July 15, 2010, the EPA 

took final action by disapproving Texas’ 

Flexible Permit Program. 75 FR 41312. 

For a detailed discussion of our 

rationale for the disapproval see 75 FR 

41312 (July 15, 2010). Upon finalization 

of the rule several parties appealed the 

decision to the Fifth Circuit Court of 

Appeals. In July and August of 2010 the 

State of Texas, Texas Oil & Gas 

Association (TXOGA), Texas 

Association of Manufacturers, and 

Business Coalition for Clean Air (BCCA) 

Appeal Group all filed petitions with 

the Fifth Circuit Court of Appeals 

seeking to overturn the EPA’s 

disapproval of the Flexible Permit 

Program. During the same time period, 

the Environmental Defense Fund (EDF) 

and Environmental Integrity Project 

(EIP) moved for leave to intervene in 

support of the EPA’s disapproval. Their 

request to intervene was granted by the 

Court. While the challenge was pending, 

the state adopted a modified flexible 

permits regulation, but did not submit it 

to the EPA. 

On August 13, 2012, the Fifth Circuit 

Court of Appeals granted the 

petitioner’s review, vacated our 

disapproval of the Texas Flexible Permit 

Program and remanded the matter back 

to the EPA for further review. After the 

Court remanded the Flexible Permit 

Rule to the EPA, the State, in a letter 

dated September 12, 2012, requested 

that we take action on the original 

Flexible Permit Program submittal 

package in accordance with the ruling of 

the Fifth Circuit Court of Appeals. 

Following discussions with the EPA, on 

September 24, 2013, Texas formally 

adopted and approved this SIP revision 

which is comprised of the original 

submittal that the EPA took its 

disapproval action on as well as rule 

additions agreed upon between the 

TCEQ and the EPA that the EPA finds 

are essential to the program’s 

approvability. 

On October 21, 2013, Texas formally 

submitted to the EPA this final revision 

to the SIP. The TCEQ also identified in 

the Flexible Permits Program SIP 

submittal cover letter, several sections 

of previous SIP submittals that are 

withdrawn from the EPA’s 

consideration as revisions to the Texas 

SIP. Accordingly, the EPA recognizes 

the following sections as withdrawn by 

the State and no longer before us for 

review or action: 

• 30 TAC Section 116.711(3) (last 

sentence only) and (11), as amended 

August 21, 2002, and all earlier versions 

withdrawn October 21, 2013. 

• Adopted revisions submitted 

October 21, 2013. 30 TAC Section 

116.715(a), only with regard to the text 

‘‘or Subchapter C of this chapter 

(relating to Hazardous Air Pollutants: 

Regulations Governing Constructed or 

Reconstructed Major Sources (FCAA 

Section 112(g), 40 CFR Part 63))’’, as 

amended August 21, 2002, and all 

earlier versions withdrawn on October 

21, 2013. 

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