Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Rules and Regulations 60993 

EPA-APPROVED NEW MEXICO SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit number 

State 

approval/ 

effective date 

EPA Approval date Explanation 

Units 1, 2, 3, & 4 of the San 

Juan Generating Station.

NSR Permit No. 0063–M6R3, 

Section A112C.

11/1/2013 10/9/14 [Insert FR citation] ....... Ch. 10 (BART) of SIP 

under 40 CFR 51.309(g). 

(e) * * * 

* * * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal/ 

effective date 

EPA approval date Explanation 

*******

Regional Haze SIP under 40 CFR 

51.309.

Statewide (except Bernalillo County).6/24/2011, 

10/7/2013, 

11/1/2013 

11/27/2012, 77 FR 70693, 10/9/14 

[Insert FR citation].

* * * * * * * 

Revision to satisfy the requirements 

of Clean Air Act 110(a)(2)(D)(i)(II) 

with respect to visibility for the 8- 

hour Ozone and PM2.5 NAAQS.

Statewide (except Bernalillo County).10/7/2013, 

11/1/2013 

10/9/14 [Insert FR citation].

§ 52.1629 [Removed and Reserved] 

■ 3. Section 52.1629 is removed and 

reserved. 

[FR Doc. 2014–23904 Filed 10–8–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–R08–OAR–2014–0272; FRL–9917–49– 

Region 9] 

Automatic Delegation of Authority to 

the States of Colorado, Montana, North 

Dakota, South Dakota, Utah, and 

Wyoming To Implement and Enforce 

New Source Performance Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This action informs the public 

that on February 27, 2014, the EPA 

authorized automatic delegation to 

implement and enforce Clean Air Act 

(CAA) New Source Performance 

Standards (NSPS) to the states of 

Colorado, Montana, North Dakota, 

South Dakota, Utah, and Wyoming 

(hereafter Region 8 states). Also in this 

action, EPA is taking direct final action 

to delete the delegation status table of 

NSPS for Region 8 states in the Code of 

Federal Regulations (CFR) and replace it 

with a Web page address reflecting 

current delegation status of Region 8 

states. 

DATES: This rule is effective on 

December 8, 2014 without further 

notice, unless EPA receives adverse 

comment by November 10, 2014. If 

adverse comment is received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2014–0272, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: fulton.abby@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Director, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket EPA–R08–OAR–2014–0272. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA, without going through http://

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 


tkelley on DSK3SPTVN1PROD with RULES
60994 Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Rules and Regulations 

Docket: 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., 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 http://

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, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. (303) 312–6563, 

fulton.abby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials NSPS mean or refer 

to New Source Performance Standards. 

(iv) The initials CBI mean or refer to 

Confidential Business Information. 

(v) The initials CFR mean or refer to 

Code of Federal Regulations. 

(vi) The initials IBR mean or refer to 

Incorporate by Reference. 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http://

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Delegation of Authority 

The CAA section 111(c) authorizes 

the EPA to delegate authority to any 

state agency which submits adequate 

regulatory procedures for 

implementation and enforcement of the 

NSPS program. The NSPS are codified 

at 40 CFR part 60. Delegation confers 

primary responsibility for 

implementation and enforcement to the 

respective state agency; however, the 

EPA also retains the concurrent 

authority to enforce the standards. 

Section 111(c) and an approved part 

70 operating permits (title V) program 

authorizes states to receive automatic 

delegation of section 111 standards if 

the federal standards are incorporated 

by reference (IBR). The title V program 

approval is a demonstration that the 

state has the ability to implement and 

enforce existing section 111 standards 

and a commitment to implement and 

enforce future standards to assure the 

timely issuance or revision of part 70 

permits. Once a state IBR’s NSPS, the 

state then has delegation automatically 

to implement and enforce those 

standards for affected sources when the 

NSPS are incorporated unchanged into 

state rules. The EPA has determined 

that Region 8 state programs contain 

adequate and effective procedures for 

implementation and enforcement of 

those federal standards. On February 27, 

2014, the EPA provided notice of 

automatic delegation to Region 8 state 

agencies to review and enforce all future 

NSPS standards that are incorporated 

into state rules. Letters (including 

enclosures) to each Region 8 state can be 

found at http://www.regulations.gov. 

III. CFR Update 

This action also replaces the EPA 

Region 8 delegation table in 40 CFR 

60.4(c) with a Web address to inform the 

public of current NSPS delegations to 

Region 8 states. The table is being 

deleted because it no longer contains 

accurate information regarding NSPS 

delegations. A current delegation 

summary of NSPS delegations to Region 

8 states is posted under the ‘‘Delegations 

of Authorities’’ link at: http://

www2.epa.gov/region8/air-program. 

Future delegation updates will be 

provided at this link on the EPA Region 

8 Web site. The Web site will be 

updated on a quarterly basis and will 

replace the Federal Register Notice 

notifying the public of current NSPS 

delegation status of Region 8 states. 

IV. Final Action 

This action informs the public of 

NSPS delegations made to Region 8 

states and replaces the delegation table 

in 40 CFR 60.4(c) with a Web address 

directing the public to current EPA 

Region 8 NSPS delegations. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comments since the action simply 

replaces a table in the CFR with a Web 

address in order to provide the public 

with more accurate information 

regarding NSPS delegations. However, 

in the Proposed Rules section of today’s 

Federal Register publication, EPA is 

publishing a separate document that 

will serve as the proposal to approve the 

revision if adverse comments are filed. 

This rule will be effective December 8, 

2014 without further notice unless the 

Agency receives adverse comments by 

November 10, 2014. If the EPA receives 

adverse comments, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Rules and Regulations 60995 

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. 

V. Statutory and Executive Order 

Review 

Under Executive Order 12866 (58 FR 

51735, Oct. 4, 1993), this action is not 

a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, Nov. 9, 2000). This action 

also does not have Federalism 

implications because it does 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 (64 FR 43255, 

Aug. 10, 1999). This action merely 

delegates authority to implement and 

enforce Federal standards, and does not 

alter the relationship or the distribution 

of power and responsibilities 

established in the CAA. This rule also 

is not subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it delegates Federal standards. 

In delegating authority to states, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, voluntary 

consensus standards (VCS) are not a 

requirement for a state to accept 

delegation authority. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq). 

The Congressional Review Act, 5 

U.S.C. section 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 rule 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. section 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 December 8, 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 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Ammonium sulfate plants, Batteries, 

Beverages, Carbon monoxide, Cement 

industry, Chemicals, Coal, Copper, Dry 

cleaners, Electric power plants, 

Fertilizers, Fluoride, Gasoline, Glass 

and glass products, Grains, Graphic arts 

industry, Heaters, Household 

appliances, Incorporation by reference, 

Insulation, Intergovernmental relations, 

Iron, Labeling, Lead, Lime, Metallic and 

nonmetallic mineral processing plants, 

Metals, Motor vehicles, Natural gas, 

Nitric acid plants, Nitrogen dioxide, 

Paper and paper products industry, 

Particulate matter, Paving and roofing 

materials, Petroleum, Phosphate, 

Plastics materials and synthetics, 

Polymers, Reporting and recordkeeping 

requirements, Sewage disposal, Steel, 

Sulfur oxides, Sulfuric acid plants, 

Tires, Urethane, Vinyl, Volatile organic 

compounds, Waste treatment and 

disposal, Zinc. 

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

Dated: September 18, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 60 is amended as follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 2. Section 60.4 is amended by revising 

paragraph (c) to read as follows: 

§ 60.4 Address. 

* * * * * 

(c) The delegation status table for New 

Source Performance Standards for 

Region VIII can be found online at 

http://www2.epa.gov/region8/airprogram. 

* * * * * 

[FR Doc. 2014–23765 Filed 10–8–14; 8:45 am] 

BILLING CODE 6560–50–P 


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