63044 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 

Dated: October 10, 2014. 

Michelle K. Lee, 

Deputy Under Secretary of Commerce for 

Intellectual Property and Deputy Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. 2014–24891 Filed 10–21–14; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0500; FRL–9918–11– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of 

Kansas; Infrastructure SIP 

Requirements for the 2010 Nitrogen 

Dioxide National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve elements of a State 

Implementation Plan (SIP) submission 

from the State of Kansas addressing the 

applicable requirements of Clean Air 

Act (CAA) section 110 for the 2010 

National Ambient Air Quality Standards 

(NAAQS) for Nitrogen Dioxide (NO2), 

which requires that each state adopt and 

submit a SIP to support implementation, 

maintenance, and enforcement of each 

new or revised NAAQS promulgated by 

EPA. These SIPs are commonly referred 

to as ‘‘infrastructure’’ SIPs. The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This final rule is effective 

November 21, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2014–0500. All 

documents in the electronic docket are 

listed in the http://www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., 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 at http://

www.regulations.gov or in hard copy at 

U.S. Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 from 8:00 a.m. to 

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

excluding legal holidays. The interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lachala Kemp, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, KS 66219; telephone number: 

(913) 551–7214; fax number: (913) 551– 

7065; email address: kemp.lachala@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This 

section provides additional information 

by addressing the following: 

I. Background 

II. Summary of SIP Revision 

III. Final Action 

IV. Statutory and Executive Order Review 

I. Background 

On August 28, 2014, (79 FR 51277), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Kansas. The NPR proposed approval of 

Kansas’ submission that provides the 

basic elements specified in section 

110(a)(2) of the CAA, or portions 

thereof, necessary to implement, 

maintain, and enforce the 2010 NO2

NAAQS. 

II. Summary of SIP Revision 

On March 19, 2013, and May 9, 2013, 

EPA received SIP submissions from the 

state of Kansas that address the 

infrastructure elements specified in 

section 110(a)(2) for the 2010 NO2

NAAQS. The submissions addressed the 

following infrastructure elements of 

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

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

Specific requirements of section 

110(a)(2) of the CAA and the rationale 

for EPA’s proposed action to approve 

the SIP submission are explained in the 

NPR and will not be restated here. No 

public comments were received on the 

NPR. 

III. Final Action 

EPA is approving Kansas’ 

submissions which provides the basic 

program elements specified in section 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M) of the CAA, or 

portions thereof, necessary to 

implement, maintain, and enforce the 

2010 NO2 NAAQS, as a revision to the 

Kansas SIP. This action is being taken 

under section 110 of the CAA. As 

discussed in each applicable section of 

the NPR, EPA is not acting on section 

110(a)(2)(I)—Nonattainment Area Plan 

or Plan Revisions Under Part D, and on 

the visibility protection portion of 

section 110(a)(2)(J). 

IV. Statutory and Executive Order 

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 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’’ under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to 

review under Executive Orders 12866 

and 13563 (76 FR 3821, January 21, 

2011). 

• 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, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63045 

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 December 22, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

Dioxide, and Reporting and 

recordkeeping requirements. 

Dated: September 30, 2014. 

Rebecca Weber, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as set 

forth below: 

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 R—Kansas 

■ 2. In § 52.870(e) the table is amended 

by adding new entry (39) in numerical 

order at the end of the table to read as 

follows: 

§ 52.870 Identification of plan. 

* * * * * 

(e)* * * 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable geographic 

area or nonattainment 

area 

State submittal date EPA approval date Explanation 

*******

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

NO2 NAAQS.

Statewide ...................... 3/19/2013 10/22/2014 and [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. 2014–24782 Filed 10–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0173; FRL–9918–21– 

Region 8] 

Approval and Promulgation of 

Implementation Plans; North Dakota; 

Revisions to the Air Pollution Control 

Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving changes to 

North Dakota’s State Implementation 

Plan (SIP). On January 23, 2013, the 

Governor of North Dakota submitted to 

EPA revisions to several chapters of the 

North Dakota SIP. These revisions 

included the removal of subsections 33– 

15–03–04.4 and 33–15–05–01.2.a(l) of 

the North Dakota Administrative Code 

(NDAC). In this action, EPA is 

approving the removal of these 

subsections from the SIP because it is 

consistent with Clean Air Act (CAA) 

requirements. The State’s submission 

corrects certain deficiencies related to 

the treatment of excess emissions from 

sources. EPA will address the remaining 

revisions from North Dakota’s January 

23, 2013 submission in other actions. 

DATES: This final rule is effective 

November 21, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R08–OAR– 

2014–0173. 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 Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., 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: 

Adam Clark, U.S. Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, (303) 

312–7104, clark.adam@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. 


tkelley on DSK3SPTVN1PROD with RULES