[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Rules and Regulations]
[Pages 51470-51474]
[FR Doc No: 2015-20903]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0005; FRL-9932-40-Region 10]

Approval and Promulgation of Implementation Plans; Klamath Falls,
Oregon Nonattainment Area; Fine Particulate Matter Emissions Inventory
and SIP Strengthening Measures

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the Oregon Department
of Environmental Quality (ODEQ) on December 12, 2012 to address Clean
Air Act (CAA) requirements for the Klamath Falls, Oregon nonattainment
area for the 2006 24-hour fine particulate matter (PM2.5)
national ambient air quality standard (NAAQS). Specifically, the EPA is
approving the emissions inventory contained in the ODEQ's submittal as
meeting the requirement to submit a comprehensive, accurate, and
current inventory of direct PM2.5 and PM2.5
precursor emissions in Klamath Falls, Oregon. The EPA also is approving
and incorporating by reference PM2.5 control measures
contained in the December 12, 2012, submittal because incorporation of
these measures will strengthen the Oregon SIP and are designed to
reduce PM2.5 emissions in the Klamath Falls, Oregon
nonattainment area (Klamath Falls

NAA) that contribute to violations of the 2006 PM2.5 NAAQS.

DATES: This final rule is effective on September 24, 2015.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2013-0005. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information the disclosure of which
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 at the Air Programs Unit, Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The 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: Justin A. Spenillo at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    Detailed information on the history of the PM2.5 NAAQS
as it relates to the Klamath Falls NAA was included in the EPA's
proposal for this action (79 FR 78372, December 30, 2014). The proposal
explained how the ODEQ met its obligation under CAA section 172(c)(3)
for submission of a comprehensive, accurate, and current inventory of
actual emissions as submitted in its December 12, 2012 SIP submittal.
The proposal analyzed the SIP strengthening measures designed to reduce
emissions in the Klamath Falls NAA that contribute to violations of the
2006 PM2.5 NAAQS. The EPA proposed to approve both the
baseline emissions inventory and SIP strengthening measures included
the December 12, 2012 SIP revision, consistent with sections 110 and
172 of the CAA.
    The comment period on our proposed approval ended January 29, 2015
and we did not receive any comments on the proposal. We are therefore
finalizing our approval. The primary element of the Klamath County
Clean Air Ordinance 63.06 to help ensure attainment and maintenance of
the NAAQS is the episodic curtailment program which restricts the use
of woodstoves and fireplaces on days that are conducive to the buildup
of PM2.5 concentrations. The curtailment program restricts
the use of woodstoves and fireplaces as described in the proposed
Federal Register notice for this action.
    In addition to the episodic curtailment program, the ordinance
includes provisions that impose restrictions on what can be burned in
woodstoves and fireplaces at any time. The ordinance requires that only
seasoned wood, specifically dry, seasoned cordwood, pressed sawdust
logs, organic charcoal or pellets specifically manufactured for the
appliance, be burned in solid fuel-fired appliances. The rules and
ordinance also specifically prohibit the burning of garbage and other
named prohibited materials. These material restrictions control the
PM2.5 emissions from woodstoves and fireplaces on a
continuous basis, whereas the episodic curtailment program imposes
additional restrictions on the use of woodstoves and fireplaces only
when necessary to address the potential buildup of PM2.5
concentrations.
    As mentioned in the Federal Register notice for the proposed
action, the ordinance prohibits emissions from solid fuel-fired
appliances with an opacity greater than 20% for a period or periods
aggregating more than three minutes in any one hour period. This
provision provides a visual indicator for the proper operation of a
solid fuel-fired appliance, including the use of properly seasoned
wood. The opacity limit applies at all times except during the ten-
minute startup period. However, during those times, the episodic
curtailment program and other restrictions regulating fuel contained in
the provisions described above continue to apply, as clarified in the
June 17, 2015 letter from David Collier (Air Quality Planning Manager,
Oregon Department of Environmental Quality), available in the docket.
    Accordingly, this combination of provisions constitutes continuous
emission limitations, consistent with Federal Clean Air Act
requirements. Specifically, reliance on the episodic curtailment
program and other provisions regulating fuel described above serves as
an adequate alternative emission limit during the starting of fires in
solid fuel-fired appliances, when use of the 20% opacity limits would
be infeasible. Reliance on those requirements during startup periods is
limited and specific to the operation of solid fuel-fired appliances,
minimizes the frequency and duration of those periods, and minimizes
the impact of emissions on ambient air quality during those periods,
while the episodic curtailment program ensures that emission impacts
are avoided during potential worst-case periods. While EPA's guidance
on alternative emission limits also specifies that the owner or
operator's actions during startup and shutdown periods be documented by
properly signed, contemporaneous operating logs or other relevant
evidence, we do not think it is reasonable to apply that element of the
guidance in this case, because we conclude it would be an unreasonable
burden to impose this recordkeeping requirement for individual home
heating situations. See 80 FR 33840 (June 12, 2015). [relevant
discussion is on page 278-279 of the notice available at http://www.epa.gov/airquality/urbanair/sipstatus/docs/20150522fr.pdf pdf].

II. Final Action

    The EPA approves the emissions inventory for the Klamath Falls NAA,
submitted by ODEQ on December 12, 2012, as meeting the emissions
inventory requirements of section 172(c)(3) of the CAA for 2006
PM2.5 24-hr NAAQS nonattainment area planning. The EPA also
approves and incorporates by reference into the Oregon SIP the specific
control measures submitted by the ODEQ on December 12, 2012, to the
extent set forth in this final rule. The EPA will take action on
remaining aspects of the December 12, 2012 submittal by the ODEQ in a
forthcoming proposal.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Oregon Administrative Rules and Klamath County ordinances described in
the amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).

IV. Statutory and Executive Order Reviews

    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, the 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 Orders
12866 (58 FR 51735, October 4, 1993) 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 this action does not involve technical standards; and
     does not provide the 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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and it will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. The 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 October 26, 2015. 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, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: August 4, 2015.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart MM--Oregon

0
2. In Sec.  52.1970, paragraph (c):
0
a. Table 2--EPA Approved Oregon Administrative Rules (OAR) is amended
by:
0
i. Revising the entries for 204-0010, 225-0090, 240-0010, and 240-0030;
0
ii. Adding a header titled ``Klamath Falls Nonattainment Area'' after
the entry for 240-0440 and adding entries for 240-0500, 240-0510, 240-
0520, 240-0530, 240-0540, and 240-0550 in numerical order;
0
iii. Adding a header titled ``Real and Permanent PM2.5 and
PM10 Offsets'' after the entry for 240-0550 and adding an
entry for 240-0560 in numerical order;
0
iv. Revising the entries for 264-0040, 264-0078, 264-0080, and 264-
0100; and
0
v. Adding in numerical order an entry for 264-0175.
0
b. Table 3--EPA Approved City and County Ordinances is amended by:
0
i. Removing the entry for Klamath County Clean Air Ordinance 63; and
0
ii. Adding an entry for Klamath County Clean Air Ordinance No. 63.06 at
the end of the table.
    The revisions and additions read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

                             Table 2--EPA Approved Oregon Administrative Rules (OAR)
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                                                        State
      State citation            Title/subject      effective date     EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
204-0010.................  Definitions...........      12/11/2012  08/25/2015 [Insert      .....................
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
225-0090.................  Requirements for            12/11/2012  08/25/2015 [Insert      Except (2)(a)(C).
                            Demonstrating a Net                     Federal Register
                            Air Quality Benefit.                    citation].

                                                  * * * * * * *
240-0010.................  Purpose...............      12/11/2012  08/25/2015 [Insert      .....................
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
240-0030.................  Definitions...........      12/11/2012  08/25/2015 [Insert      .....................
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Klamath Falls Nonattainment Area
----------------------------------------------------------------------------------------------------------------
240-0500.................  Applicability.........      12/11/2012  08/25/2015 [Insert      .....................
                                                                    Federal Register
                                                                    citation].
240-0510.................  Opacity Standard......      12/11/2012  08/25/2015 [Insert      .....................
                                                                    Federal Register
                                                                    citation].
240-0520.................  Control of Fugitive         12/11/2012  08/25/2015 [Insert      .....................
                            Emissions.                              Federal Register
                                                                    citation].
240-0530.................  Requirements for            12/11/2012  08/25/2015 [Insert      .....................
                            Operation and                           Federal Register
                            Maintenance Plans.                      citation].
240-0540.................  Compliance Schedule         12/11/2012  08/25/2015 [Insert      .....................
                            for Existing                            Federal Register
                            Industrial Sources.                     citation].
240-0550.................  Requirements for New        12/11/2012  08/25/2015 [Insert      .....................
                            Sources When Using                      Federal Register
                            Residential Wood Fuel-                  citation].
                            Fired Device Offsets.
----------------------------------------------------------------------------------------------------------------
                                    Real and Permanent PM2.5 and PM10 Offsets
----------------------------------------------------------------------------------------------------------------
240-0560.................  Real and Permanent          12/11/2012  08/25/2015 [Insert      .....................
                            PM2.5 and PM10                          Federal Register
                            Offsets.                                citation].

                                                  * * * * * * *
264-0040.................  Exemptions, Statewide.      12/11/2012  08/25/2015 [Insert      .....................
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
264-0078.................  Open Burning Control        12/11/2012  08/25/2015 [Insert      .....................
                            Areas.                                  Federal Register
                                                                    citation].
264-0080.................  County Listing of           12/11/2012  08/25/2015 [Insert      .....................
                            Specific Open Burning                   Federal Register
                            Rules.                                  citation].

                                                  * * * * * * *
264-0100.................  Baker, Clatsop, Crook,      12/11/2012  08/25/2015 [Insert      .....................
                            Curry, Deschutes,                       Federal Register
                            Gilliam, Grant,                         citation].
                            Harney, Hood River,
                            Jefferson, Klamath,
                            Lake, Lincoln,
                            Malheur, Morrow,
                            Sherman, Tillamook,
                            Umatilla, Union,
                            Wallowa, Wasco and
                            Wheeler Counties.

                                                  * * * * * * *
264-0175.................  Klamath County........      12/11/2012  08/25/2015 [Insert      .....................
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
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                                Table 3--EPA Approved City and County Ordinances
----------------------------------------------------------------------------------------------------------------
      Agency and  ordinance         Title or subject         Date        EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Klamath County Ordinance 63.06..  Chapter 406--            12/31/2012   08/25/2015 [Insert   Except 406.300 and
                                   Klamath County                        Federal Register     406.400 Klamath
                                   Clean Air                             citation].           Falls PM2.5
                                   Ordinance 63.06.                                           Attainment Plan.
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* * * * *
[FR Doc. 2015-20903 Filed 8-24-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40675-40677]
[FR Doc No: 2014-16293]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0323; FRL-9913-12-Region 9]

Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District and South Coast Air Quality
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Placer County Air Pollution
Control District (PCAPCD) and South Coast Air Quality Management
District (SCAQMD) portions of the California State Implementation Plan
(SIP). Under the Clean Air Act (CAA or the Act), we are rescinding
local rules that concern volatile organic compound (VOC) emissions from
the manufacture of medium density fiberboard, melamine and phenol
resins used in plasticizing paper and oxides of nitrogen
(NOX) emissions from stationary internal combustion engines.

DATES: This rule is effective on September 12, 2014 without further
notice, unless EPA receives adverse comments by August 13, 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-
2014-0323, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    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: Arnold Lazarus, EPA Region IX, (415)
972-3024<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rule rescissions we are approving with the dates
that they were rescinded by the local air agencies and submitted by the
California Air Resources Board.

                                                                Table 1--Submitted Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Local agency                      Rule No.                    Rule title                    Adopted        Rescinded       Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
PCAPCD.........................................             229  Fiberboard Manufacturing...............       6/28/1994       4/12/2012       2/12/2014
PCAPCD.........................................             230  Plastic Products and Materials--Paper         6/28/1994       4/12/2012       2/12/2014
                                                                  Treating Operations.
SCAQMD.........................................            1110  Emissions From Stationary Internal            11/6/1981      11/14/1997       5/18/1998
                                                                  Combustion Engines (Demonstration).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On April 8, 2014 EPA determined that the submittal to rescind
PCAPCD rules 229 and 230 met the completeness criteria in 40 CFR Part
51 Appendix V, which must be met before formal EPA review.
    On November 18, 1998, the submittal to rescind SCAQMD Rule 1110 was
deemed by operation of law to meet the completeness criteria in 40 CFR
Part 51 Appendix V.

B. What is the purpose of the submitted rule rescissions?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. PCAPCD Rules 229 and
230 were originally adopted because two sources, SierraPine addressed
by Rule 229, and Formica addressed by Rule 230, were emitting
significant VOCs. Both sources are no longer operating in PCAPCD, so
there is no longer need for these rules in PCAPCD's local rulebook or
the SIP. EPA's technical support document (TSD) has more information
about these rule rescissions.
    Nitrogen oxides (NOX) help produce ground-level ozone,
smog and particulate matter, which harm human health and the
environment. Section 110(a) of the CAA requires States to submit
regulations that control NOX emissions. SCAQMD Rule 1110,
Emissions From Stationary Internal Combustion Engines (Demonstration)
was adopted to collect emission data which SCAQMD later used to develop
SCAQMD Rule 1110.1--Emissions From Stationary Internal Combustion
Engines, which established emission controls on certain engines. Rule
1110 required owners and/or operators of more than 5,000 total
installed rated brake horsepower of existing engines to participate in
a program to demonstrate the effectiveness of methods for the reduction
of NOX emissions. Rule 1110 was repealed by SCAQMD because
it was a demonstration program that has been completed. Therefore, the
rule's provisions are no longer applicable. EPA's TSD has more
information about this rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule rescissions?

    These rules describe requirements intended to help control VOC
emissions from fiberboard manufacturing, and plastic products and
materials--paper treating operations in PCAPCD, and NOX
emission data from stationary internal combustion engines used in
demonstrating NOX emissions in SCAQMD. These rule
rescissions must not relax existing requirements consistent with CAA
sections 110(l) and 193. EPA policy that we used to evaluate these rule
revisions includes ``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).

B. Do the rules meet the evaluation criteria?

    The Districts have requested rule rescissions because they no
longer have any sources subject to these rules, they do not expect any
new sources in the future, and any new sources would be subject to
restrictive New Source Review permitting requirements. Therefore, we
believe these rule rescissions are consistent with relevant policy and
guidance.

C. EPA Recommendations To Further Improve the Rules

    Because these are rescissions, there are no recommendations to
improve the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rule rescissions because we believe they
fulfill 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 rules. If we receive adverse comments by August

13, 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
September 12, 2014. This will incorporate these rule rescissions into
the federally enforceable SIP.
    Please note that if EPA receives adverse comments 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 Clean Air Act, 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 Clean Air Act.
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 Clean Air Act; 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 Clean Air Act, 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. 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, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    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:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS.

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(121)(i)(E)
and(198)(i)(B)(3) and (4) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (121) * * *
    (i) * * *
    (E) Previously approved on May 3, 1984 in paragraph (c)(121)(i)(C)
of this section and now deleted without replacement Rule 1110.
* * * * *
    (198) * * *
    (i) * * *
    (B) * * *
    (3) Previously approved on December 14, 1994 in paragraph
(c)(198)(i)(B)(1) of this section and now deleted without replacement
Rule 230.
    (4) Previously approved on June 8, 2001 in paragraph
(c)(198)(i)(B)(2) of this section and now deleted without replacement
Rule 229.
* * * * *
[FR Doc. 2014-16293 Filed 7-11-14; 8:45 am]
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[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Page 33188]
[FR Doc No: 2014-13486]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at Southwest Power Pool Oversight
Committee, Special Meeting of Members and Board of Directors Meetings

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of its staff may attend the Southwest Power Pool,
Inc. (SPP) meetings above. Their attendance is part of the Commission's
ongoing outreach efforts.
    All meetings will be held at SPP's Corporate Center, 201 Worthen
Drive, Little Rock, AR. SPP's phone number is<PHONE_NUMBER>.

SPP Oversight Committee

June 9, 2014 (8:00 a.m.-12:00 p.m.)

SPP Special Meetings of Members and Board

June 9, 2014 (3:00 p.m.-5:00 p.m.)
June 10, 2014 (8:30 a.m.-5:00pm)

    The discussions may address matters at issue in the following
proceedings:

Docket No. ER05-168, Southwestern Public Service Company
Docket No. EL05-19, Southwestern Public Service Company
Docket No. ER06-274, Southwestern Public Service Company
Docket No. ER06-451, Southwest Power Pool, Inc.
Docket No. ER09-35, Tallgrass Transmission, LLC
Docket No. ER09-36, Prairie Wind Transmission, LLC
Docket No. ER09-548, ITC Great Plains, LLC
Docket No. ER11-4105, Southwest Power Pool, Inc.
Docket No. EL11-34, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL12-59, Golden Spread Electric Cooperative, Inc.
Docket No. EL12-60, Southwest Power Pool, Inc., et al.
Docket No. EL12-78, Southwest Power Pool, Inc.
Docket No. ER12-480, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-959, Southwest Power Pool, Inc.
Docket No. ER12-1071, Entergy Arkansas, Inc.
Docket No. ER12-1179, Southwest Power Pool, Inc.
Docket No. ER12-1586, Southwest Power Pool, Inc.
Docket No. ER12-2366, Southwest Power Pool, Inc.
Docket No. ER13-366, Southwest Power Pool, Inc.
Docket No. ER13-367, Southwest Power Pool, Inc.
Docket No. ER13-1173, Southwest Power Pool, Inc.
Docket No. ER13-1748, Southwest Power Pool, Inc.
Docket No. ER13-1864, Southwest Power Pool, Inc.
Docket No. ER13-1937, Southwest Power Pool, Inc.
Docket No. ER13-1939, Southwest Power Pool, Inc.
Docket No. EL14-21, Southwest Power Pool, Inc.
Docket No. EL14-30, Midcontinent Independent System Operator, Inc.
Docket No. EL14-57, City of Hastings and City of Grand Island
Docket No. ER14-781, Southwest Power Pool, Inc.
Docket No. ER14-1174, Southwest Power Pool, Inc.
Docket No. ER14-1406, Midcontinent Independent System Operator, Inc.
Docket No. ER14-1407, Southwest Power Pool, Inc.
Docket No. ER14-1628, Southwest Power Pool, Inc.
Docket No. ER14-1713, Midcontinent Independent System Operator, Inc.
Docket No. ER14-1743, Southwest Power Pool, Inc.
Docket No. ER14-1744, Southwest Power Pool, Inc.
Docket No. ER14-1779, Southwest Power Pool, Inc.
Docket No. ER14-1784, Southwest Power Pool, Inc.
Docket No. ER14-1796, Southwest Power Pool, Inc.
Docket No. ER14-1798, Southwest Power Pool, Inc.
Docket No. ER14-1900, Southwest Power Pool, Inc.
Docket No. ER14-1901, Southwest Power Pool, Inc.
Docket No. ER14-1965, Southwest Power Pool, Inc.
Docket No. ER14-1967, Southwest Power Pool, Inc.
Docket No. ER14-1968, Southwest Power Pool, Inc.
Docket No. ER14-1975, Southwest Power Pool, Inc.
Docket No. ER14-1993, Southwest Power Pool, Inc.
Docket No. ER14-2008, Southwest Power Pool, Inc.
Docket No. ER14-2009, Southwest Power Pool, Inc.
Docket No. ER14-2022, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2059, Midcontinent Independent System Operator, Inc.
Docket No. ER14-2062, Southwest Power Pool, Inc.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
    Dated: June 4, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-13486 Filed 6-9-14; 8:45 am]
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