34240 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 

registration requirements described in 

§ 49.160(c)(2). 

* * * * * 

[FR Doc. 2014–14030 Filed 6–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0413; FRL–9912–03- 

Region-9] 

Revisions to the California State 

Implementation Plan, Great Basin 

Unified Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the Great 

Basin Unified Air Pollution Control 

District (GBUAPCD) portion of the 

California State Implementation Plan 

(SIP). This revision concerns particulate 

matter (PM) emissions from agricultural 

sources. We are approving a local rule 

that regulates these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on August 

15, 2014 without further notice, unless 

EPA receives adverse comments by July 

16, 2014. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0413, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

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

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Levin, EPA Region IX, (415) 972– 

3848, levin.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA Recommendations to Further 

Improve the Rule 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule we are approving 

with the dates that it was adopted by the 

local air agency and submitted by the 

GBUAPCD. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

GBUAPCD ........ 502 Conservation Management Practices .......................................................... 07/07/05 10/20/05

On November 22, 2005 EPA 

determined that the submittal for 

GBUAPCD Rule 502 met the 

completeness criteria in 40 CFR Part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of this rule? 

There are no previous versions of 

Rule 502 in the SIP. 

C. What is the purpose of the submitted 

rule? 

PM contributes to effects that are 

harmful to human health and the 

environment, including premature 

mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

PM emissions. This rule requires that 

agricultural owner/operators limit PM– 

10 (10 micrograms or smaller in 

diameter) emissions by selecting and 

implementing ‘‘Conservation 

Management Practices’’ or CMPs. EPA’s 

technical support document (TSD) has 

more information about this rule. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act) and must not relax existing 

requirements (see sections 110(l) and 

193). In addition, areas designated and 

classified as moderate nonattainment for 

PM–10 must implement Reasonably 

Available Control Measures (RACM), 

and areas designated and classified as 

serious nonattainment for PM–10 must 

implement Best Available Control 

Measures (BACM) (see CAA sections 

189(a)(1) and 189(b)(1)). The GBUAPCD 

regulates PM–10 nonattainment areas 

classified as moderate (Mammoth Lakes 

and Mono Basin) and serious (Owens 

Valley) (see 40 CFR Part 81.305). 

Guidance and policy documents that 

we used to evaluate this rule include the 

following: 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 34241 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations; 

Clarification to Appendix D of November 

24, 1987 Federal Register Notice,’’ (Blue 

Book), notice of availability published in 

the May 25, 1988 Federal Register. 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title 

I of the Clean Air Act Amendments of 

1990,’’ 57 FR 13498 (April 16, 1992); 57 

FR 18070 (April 28, 1992). 

4. ‘‘State Implementation Plans for Serious 

PM–10 Nonattainment Areas, and 

Attainment Date Waivers for PM–10 

Nonattainment Areas Generally; 

Addendum to the General Preamble for 

the Implementation of Title I of the 

Clean Air Act Amendments of 1990,’’ 59 

FR 41998 (August 16, 1994). 

5. ‘‘PM–10 Guideline Document,’’ EPA 452/ 

R–93–008, April 1993. 

6. ‘‘Fugitive Dust Background Document and 

Technical Information Document for 

Best Available Control Measures,’’ EPA 

450/2–92–004, September 1992. 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant requirements and policy 

regarding enforceability and SIP 

revisions. The TSD has more 

information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rule 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rule. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rule because we believe it 

fulfills all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rule. If we receive adverse 

comments by July 16, 2014, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on August 15, 

2014. This will incorporate the rule into 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. 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, 

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 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 15, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: May 30, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 


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34242 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 

1 78 FR 71732 (November 29, 2013). 

2 78 FR 49794, 49800 (August 15, 2013). 

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 paragraph (c)(342)(i)(D)(2) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(342) * * * 

(i) * * * 

(D) * * * 

(2) Rule 502, ‘‘Conservation 

Management Practices,’’ adopted on July 

7, 2005. 

* * * * * 

[FR Doc. 2014–13853 Filed 6–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2013–0479; FRL–9912–00– 

OAR] 

RIN 2060–AS25 

Regulation of Fuels and Fuel 

Additives: Extension of Compliance 

and Attest Engagement Reporting 

Deadlines for 2013 Renewable Fuel 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action on 

two components of its annual 

rulemaking to establish the 2014 

renewable fuels standards under Clean 

Air Act 211(o). The two components are 

an extension of the compliance 

demonstration deadline for the 2013 

renewable fuel standards, and the 

associated deadline for submission of 

attest engagement reports for the 2013 

renewable fuel standards. The new 

deadlines are September 30, 2014 and 

January 30, 2015, respectively. This 

action ensures timely amendment of 

existing deadlines, before compliance 

obligations would otherwise go into 

effect. The EPA intends to finalize the 

remaining portion of its rulemaking to 

establish the 2014 renewable fuel 

standards shortly. 

DATES: This rule is effective June 16, 

2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2013–0479. 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 and Radiation Docket and 

Information Center, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: Julia 

MacAllister, Office of Transportation 

and Air Quality, Assessment and 

Standards Division, Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, MI 48105; Telephone 

number: 734–214–4131; Fax number: 

734–214–4816; Email address: 

macallister.julia@epa.gov, or the public 

information line for the Office of 

Transportation and Air Quality; 

telephone number (734) 214–4333; 

Email address OTAQ@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose 

The EPA is today taking action to 

amend existing regulatory deadlines for 

obligated parties under the Renewable 

Fuel Standards (RFS) program to submit 

reports demonstrating their compliance 

with the 2013 RFS percentage 

standards, and to submit corresponding 

attest engagement reports. 

We received comments on our 

November 29, 2013 proposed 

rulemaking to establish the 2014 RFS 

standards 1 reiterating the importance to 

obligated parties of knowing their RFS 

obligations for 2014 prior to the 

compliance demonstration deadline for 

the 2013 RFS standards. The EPA 

recognized the value of this timing to 

obligated parties in the 2013 standards 

final rule, and for that reason delayed 

the normally applicable February 28, 

2014 compliance demonstration 

deadline to June 30, 2014 for the 2013 

RFS standards.2 We reasoned at that 

time that an extension to June 30, 2014 

would be sufficient in light of the 

expected date of issuance of the 2014 

annual RFS rule. 

However, in light of the fact that the 

EPA has not yet issued the 2014 annual 

standards rule, we believe it is 

appropriate to provide a further 

extension of the 2013 compliance 

demonstration deadline. The new 

deadline is September 30, 2014. 

Additionally, we are extending the 

deadline for submitting the 

corresponding attest engagement reports 

to January 30, 2015. Although these 

regulatory changes were not specifically 

proposed in the 2014 annual standards 

rule, we believe that they are 

appropriate as a logical outgrowth of the 

proposed rule. The EPA received several 

comments on the proposed rule 

emphasizing the need for the EPA to 

promulgate the 2014 RFS standards 

quickly and the need for obligated 

parties to know their obligations for the 

following year when finalizing their 

2013 compliance demonstrations. As 

noted above, the EPA itself recognized 

the value to obligated parties of 

knowing their obligations for 2014 prior 

to having to demonstrate compliance 

with their 2013 RFS requirements. This 

is because, once the 2014 RFS standards 

are known, obligated parties may choose 

to consider the impact of the new 

standards on their 2013 RFS compliance 

approach, including how many 2013 

Renewable Identification Numbers 

(RINs) they can carry-forward (there is 

a 20% limit based on the 2014 standard) 

for purposes of complying with the 2014 

RFS standards. 

The 2014 RFS rulemaking has been 

more time consuming than originally 

anticipated, involving receipt of over 

300,000 comments, concerning 

numerous specific issues related to the 

2014 standards which the EPA needs, 

and wishes, to thoroughly consider and 

respond to. Given the need for the EPA 

to weigh these issues carefully, prior to 

taking final action on the 2014 RFS 

standards, the EPA believes it best to 

further extend the existing June 30, 2014 

compliance demonstration deadline and 

associated attest engagement report 

deadline for the 2013 RFS standards. 

While we do not believe that the EPA 

is constrained legally to extend the 

deadline, we do believe it is appropriate 

to do so in this instance. It will allow 

the EPA time to complete its work on 

the 2014 renewable fuel standards rule 

in a thorough manner, while also 

providing time between the expected 

date of finalizing that rule and the new 

2013 compliance deadline which will 

be helpful to obligated parties. While 

this final rule is a logical outgrowth of 

the 2014 RFS proposed rule, and the 


emcdonald on DSK67QTVN1PROD with RULES