Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards and State Board Requirements, 62455-62459 [2013-24125]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations
K. Congressional Review Act
EPA has not identified any specific
studies on whether or to what extent
HFO–1234yf may affect children’s
health.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d), (15 U.S.C. 272
note) directs the EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
the EPA to provide Congress, through
OMB, explanations when the agency
decides not to use available and
applicable voluntary consensus
standards. This rulemaking does not
involve technical standards. Therefore,
the EPA has not considered the use of
any voluntary consensus standards.
emcdonald on DSK67QTVN1PROD with RULES
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629, February 16, 1994) establishes
federal executive policy on
environmental justice. Its main
provision directs federal agencies, to the
greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
final rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it will not affect the level of
protection provided to human health or
the environment.
VerDate Mar<15>2010
16:26 Oct 21, 2013
Jkt 232001
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 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.
804(2). This rule will be effective on
November 21, 2013.
62455
PART 51—REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION
PLANS
Subpart F—[Amended]
1. The authority citation for part 51,
Subpart F, continues to read as follows:
■
Authority: 42 U.S.C. 7401, 7411, 7412,
7413, 7414, 7470–7479, 7501–7508, 7601,
and 7602.
§ 51.100
[Amended]
2. Section 51.100 is amended at the
end of paragraph (s)(1) introductory text
by removing the words ‘‘and
perfluorocarbon compounds which fall
into these classes:’’ and adding in their
place the words ‘‘2,3,3,3tetrafluoropropene; and perfluorocarbon
compounds which fall into these
classes:’’.
■
[FR Doc. 2013–23783 Filed 10–21–13; 8:45 am]
BILLING CODE 6560–50–P
L. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the District of
Columbia Circuit Court within 60 days
from the date the final action is
published in the Federal Register.
Filing a petition for review by the
Administrator of this final action 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 must be
final, and shall not postpone the
effectiveness of such action. Thus, any
petitions for review of this action
related to the exemption of HFO–1234yf
from the regulatory definition of VOCs
must be filed in the Court of Appeals for
the District of Columbia Circuit within
60 days from the date final action is
published in the Federal Register.
List of Subjects in 40 CFR Part 51
Environmental protection,
Administrative practice and procedure,
Air pollution control, Ozone, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: September 19, 2013.
Gina McCarthy,
EPA Administrator.
For reasons set forth in the preamble,
part 51 of chapter I of title 40 of the
Code of Federal Regulations is amended
as follows:
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0499; FRL–9901–35–
Region3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Infrastructure
Requirements for the 2008 Lead
National Ambient Air Quality
Standards and State Board
Requirements
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve two State
Implementation Plan (SIP) revisions
submitted by the District of Columbia
(hereafter ‘‘the District’’) pursuant to the
Clean Air Act (CAA). Whenever new or
revised national ambient air quality
standards (NAAQS) are promulgated,
the CAA requires states to submit a plan
for the implementation, maintenance,
and enforcement of such NAAQS. The
plan is required to address basic
program elements including, but not
limited to, regulatory structure,
monitoring, modeling, legal authority,
and adequate resources necessary to
assure attainment and maintenance of
the NAAQS. These elements are referred
to as infrastructure requirements. The
District made a submittal addressing the
infrastructure requirements for the 2008
lead (Pb) NAAQS and a separate
submittal addressing requirements in
SUMMARY:
E:\FR\FM\22OCR1.SGM
22OCR1
emcdonald on DSK67QTVN1PROD with RULES
62456
Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations
relation to State Boards. EPA is
approving portions of the infrastructure
requirements for the 2008 lead NAAQS
and the requirements addressing State
Boards for the District in accordance
with the requirements of the CAA.
DATES: This rule is effective on
December 23, 2013 without further
notice, unless EPA receives adverse
written comment by November 21,
2013. If EPA receives such comments, it
will publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0499 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2013–0499,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2013–
0499. EPA’s policy is that all comments
received 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 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 www.regulations.gov
or email. The 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 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
VerDate Mar<15>2010
16:26 Oct 21, 2013
Jkt 232001
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.
Docket: All documents in the
electronic docket are listed in the
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,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the District of Columbia
Department of the Environment, Air
Quality Division, 1200 1st Street NE.,
5th floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT:
´
Emlyn Velez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: On July
18, 2013, the District Department of the
Environment (DDOE) submitted a
revision to the District’s SIP to satisfy
the requirements of section 110(a)(2) of
the CAA for the 2008 lead NAAQS (the
infrastructure submittal). On this same
date, DDOE submitted a revision to the
District SIP addressing the State Board
requirements under sections 128 and
110(a)(2)(E)(ii) of the CAA.
I. Background
On October 15, 2008, EPA
substantially strengthened the primary
and secondary lead NAAQS, revising
the level of the primary (health-based)
standard from 1.5 micrograms per cubic
meter (mg/m3) to 0.15 mg/m3, measured
as total suspended particles (TSP) and
not to be exceeded with an averaging
time of a rolling 3-month period. EPA
also revised the secondary (welfarebased) standard to be identical to the
primary standard, as well as the
associated ambient air monitoring
requirements. See 40 CFR 50.16.
Section 110(a) of the CAA requires
states to submit SIPs to provide for the
implementation, maintenance, and
enforcement of a new or revised
NAAQS within three years following
the promulgation of such NAAQS or
within such shorter period as EPA may
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
prescribe. The contents of that
submission may vary depending upon
the facts and circumstances. In
particular, the data and analytical tools
available at the time the state develops
and submits the SIP for a new or revised
NAAQS affect the content of the
submission. The contents of such SIP
submission may also vary depending
upon what provisions the state’s
existing SIP already contains.
Pursuant to section 110(a)(1) of the
CAA, states are required to submit SIPs
meeting the applicable requirements of
section 110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(1)
provides the procedural and timing
requirements for SIPs and section
110(a)(2) requires states to address basic
SIP elements such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. More specifically, section
110(a)(2) lists specific elements that
states must meet for ‘‘infrastructure’’ SIP
requirements related to a newly
established or revised NAAQS.
For the 2008 lead NAAQS, states
typically have met many of the basic
program elements required in section
110(a)(2) through earlier SIP
submissions in connection with
previous NAAQS. Nevertheless,
pursuant to section 110(a)(1), states
have to review and revise, as
appropriate, their existing SIPs to
ensure that the SIPs are adequate to
address the 2008 lead NAAQS. To assist
states in meeting this statutory
requirement, EPA issued a guidance on
October 14, 2011, entitled, ‘‘Guidance
on Infrastructure State Implementation
Plan (SIP) Elements Required Under
sections 110(a)(1) and 110(a)(2) for the
2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS)’’ (hereafter
the ‘‘2011 Lead Infrastructure
Guidance’’), which lists the basic
elements that states should include in
their SIPs for the 2008 lead NAAQS.
Section 110(a)(2)(E)(ii) requires the
states to satisfy for each NAAQS the
requirements of section 128 of the CAA
in relation to State Boards. Section
128(a) requires SIPs to contain
provisions that: (1) Any board or body
which approves permits or enforcement
orders under the CAA have at least a
majority of its members represent the
public interest and not derive any
significant portion of their income from
persons subject to permits or
enforcement orders under the CAA; and
(2) any potential conflict of interest by
members of such board or body or the
E:\FR\FM\22OCR1.SGM
22OCR1
Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations
head of an executive agency with
similar powers be adequately disclosed.
emcdonald on DSK67QTVN1PROD with RULES
II. Summary of SIP Revision
A. Infrastructure Requirements
On July 18, 2013, DDOE provided a
submittal to satisfy the requirements of
section 110(a)(2) of the CAA for the
2008 lead NAAQS. This submittal
addresses the following infrastructure
elements, which EPA is proposing to
approve: CAA section 110(a)(2)(A), (B),
(C), (D)(i)(I), (D)(i)(II), (D)(ii), (E)(i),
(E)(iii), (F), (G), (H), (J), (K), (L), and (M),
or portions thereof. The infrastructure
element (E)(ii) requirements, pertaining
to State Boards, are satisfied by a
separate submittal which was received
by EPA on the same date and it is
addressed in section II.B of this
rulemaking action. The District did not
submit element (I) which pertains to the
nonattainment requirements of part D,
Title I of the CAA, since this element is
not required to be submitted by the 3year submission deadline of section
110(a)(1), and will be addressed in a
separate process, if necessary.
While the District failed to submit a
complete SIP addressing the portions of
(C), (D)(i)(II), (D)(ii), and (J) relating to
the part C, Title I of the CAA for the
2008 lead NAAQS, EPA recognizes that
such requirements have already been
addressed by a Federal Implementation
Plan (FIP) that remains in place,
containing the Prevention of Significant
Deterioration (PSD) permit program.
EPA concludes that such findings of
incompleteness would not trigger any
additional FIP obligation for the District
with respect to these infrastructure
requirements. Therefore, EPA is not
taking any action for the 2008 lead
NAAQS for elements (C), (D)(i)(II),
(D)(ii), and (J), for the portions which
relate to the PSD permit program
required by part C, Title I of the CAA.
In accordance with the decision of the
U.S. Court of Appeals for the D.C.
Circuit, EPA at this time is not treating
the 110(a)(2)(D)(i)(I) SIP submission
from the District as a required SIP
submission. See EME Homer City
Generation, LP v. EPA, 696 F.3d 7 (D.C.
Cir. 2012), cert. granted, 2013 U.S. Lexis
4801 (2013). However, even if the
submission is not considered to be
‘‘required,’’ EPA must act on the
110(a)(2)(D)(i)(I) SIP submission from
the District because section 110(k)(2) of
the CAA requires EPA to act on all SIP
submissions. Unless the EME Homer
City decision is reversed or otherwise
modified by the Supreme Court, states
are not required to submit
110(a)(2)(D)(i)(I) SIPs until EPA has
quantified their obligations under that
VerDate Mar<15>2010
16:26 Oct 21, 2013
Jkt 232001
section. In this action, EPA is acting on
the District’s 110(a)(2)(D)(i)(I)
submission.
A detailed summary of EPA’s review
and rationale for approving the District’s
infrastructure submittal may be found in
the Technical Support Document (TSD)
for this rulemaking action, which is
available online at www.regulations.gov,
Docket number EPA–R03–OAR–2013–
0499.
B. State Board Requirements
On July 18, 2013, DDOE also
submitted a separate SIP revision
addressing the requirements of CAA
section 128 in relation to the State
Board requirements. This submission
also satisfies the State Board
requirements under 110(a)(2)(E)(ii) for
the 2008 lead NAAQS. The SIP revision
consists of updating the existing
provisions in the District SIP which
satisfy the obligations under sections
128 and 110(a)(2)(E)(ii). In this SIP
revision, DDOE states that the relevant
section 128 requirements are currently
found in chapter 11A ‘‘Government
Ethics and Accountability’’ of title I
‘‘Government Organization’’ of the
District of Columbia Official Code (2012
Supp.), which the District through
DDOE is requesting EPA to approve as
part of the District’s SIP. The conduct of
the DDOE Director, and that of his
employees, is currently subject to the
requirements of title I, chapter 11A of
the District of Columbia Official Code.
All District employees are required to
follow the laws in title I, chapter 11A of
the District of Columbia Official Code
regarding employee conduct.
Specifically, the SIP revision consists
of incorporating into the SIP the
following provisions of title I, chapter
11A of the District of Columbia Official
Code, specifically section 1–1161.01
(‘‘Definitions’’); section 1–1162.23
(‘‘Conflicts of Interest’’); section 1–
1162.24 (‘‘Public Reporting’’); and
section 1–1162.25 (‘‘Confidential
Disclosure of Financial Interest’’). These
provisions supersede the section 128
provisions previously approved in the
SIP, and DDOE requests as part of this
SIP revision the removal of the prior
provisions which addressed section 128
requirements from the District’s SIP. See
(49 FR 22810, June 1, 1984), as codified
in 40 CFR 50.470(e).
The requirements of section 128(a)(1)
are not applicable to the District because
it does not have any board or body
which approves air quality permits or
enforcement orders. The requirements
of section 128(a)(2), however, are
applicable to the District because
DDOE’s Director (i.e., the head of an
executive agency) has the similar
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
62457
powers discussed in section 128(a)(2).
DDOE approves all CAA permits and
enforcement orders in the District.
DDOE is an executive agency that acts
through its Director or a delegated state
employee subordinate.
EPA finds that the measures in these
provisions (sections 1–1161.01, 1–
1162.23, 1–1162.24, and 1–1162.25 of
the District of Columbia Official Code)
are adequate to meet the District’s
obligations under section 128 as well as
the infrastructure requirements of
section 110(a)(2)(E)(ii). EPA also finds
that the submittal specifically meets the
infrastructure requirements of section
110(a)(2)(E)(ii) for the 2008 lead
NAAQS.
III. Final Action
EPA is approving the District’s two
SIP revisions. EPA is approving the
District’s SIP revision addressing the
following section 110(a)(2) elements for
the 2008 lead NAAQS: (A), (B), (C),
(D)(i)(I), (D)(i)(II), (D)(ii), (E)(i), (E)(iii),
(F), (G), (H), (J), (K), (L), and (M), or
portions thereof. This SIP revision
provides the basic program elements
specified in section 110(a)(2) necessary
to implement, maintain, and enforce the
2008 lead NAAQS. This action does not
include section 110(a)(2)(I) of the CAA
which pertains to the nonattainment
requirements of part D, title I of the
CAA. EPA is also approving the
District’s SIP revision addressing the
requirements of section 128. This SIP
revision, which consists of
incorporating the relevant provisions of
title I, chapter 11A of the District of
Columbia Official Code (2012 Supp.) in
the District SIP and removing
superseded provisions in the SIP under
40 CFR 50.470(e), meets the
requirements of section 128. EPA is also
approving this SIP revision as meeting
the infrastructure requirements of
section 110(a)(2)(E)(ii) for the 2008 lead
NAAQS. The SIP revisions were
formally and individually submitted on
July 18, 2013. EPA is publishing this
rule without prior proposal because
EPA views this as a noncontroversial
amendment and anticipates no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register, EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revision if adverse
comments are filed. This rule will be
effective on December 23, 2013 without
further notice unless EPA receives
adverse comment by November 21,
2013. If EPA receives adverse comment,
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
E:\FR\FM\22OCR1.SGM
22OCR1
62458
Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations
in a subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
IV. Statutory and Executive Order
Reviews
emcdonald on DSK67QTVN1PROD with RULES
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
VerDate Mar<15>2010
17:38 Oct 21, 2013
Jkt 232001
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 23, 2013. 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
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
and address the comment in the
proposed rulemaking action. This
action, which satisfies certain
infrastructure requirements of section
110(a)(2) of the CAA for the 2008 lead
NAAQS and State Board requirements
under section 128 of the CAA for the
District, 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, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 13, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart J—District of Columbia
2. § 52.470 is amended by:
a. Revising the table heading in
paragraph (c) to read EPA-Approved
Regulations and Statutes in the District
of Columbia SIP.
■ b. Adding at the end of the table in
paragraph (c) headings for D.C. Official
Code and Title I—Chapter 11A
Government Ethics and Accountability,
and entries for Sections 1–1161.01 and
1–1161.23 through 1–1161.25.
■ c. In paragraph (e):
■ i. Removing from the table the entry
‘‘Revisions for conflict of interest
procedures [CAA Section 128 SIP]’’.
■ ii. Adding at the end of the table an
entry ‘‘Section 110(a)(2) Infrastructure
Requirements for the 2008 Lead
NAAQS’’.
■ iii. Adding at the end of the table an
entry ‘‘CAA section 128 requirements in
relation to State Boards’’.
The amendments read as follows:
■
■
§ 52.470
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\22OCR1.SGM
22OCR1
*
*
62459
Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations
EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP
State citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
*
Additional explanation
*
*
D.C. Official Code
Title I—Chapter 11A Government Ethics and Accountability
Section 1–1161.01 ..................
Definitions ...............................
4/27/12
Section 1–1162.23 ..................
Conflicts of Interest .................
4/27/12
Section 1–1162.24 ..................
Public Reporting .....................
4/27/12
Section 1–1162.25 ..................
Confidential Disclosure of Financial Interest.
4/27/12
*
*
*
*
*
10/22/13 [Insert page number
where the document begins].
10/22/13 [Insert page number
where the document begins].
10/22/13 [Insert page number
where the document begins].
10/22/13 [Insert page number
where the document begins].
(e) * * *
State
submittal
date
Name of non-regulatory SIP
revision
Applicable geographic area
*
*
Section 110(a)(2) Infrastructure
Requirements for the 2008
Lead NAAQS.
*
Statewide ................................
*
7/18/13
*
10/22/13 [Insert Federal Register page number where
the document begins and
date].
CAA section 128 requirements
in relation to State Boards.
Statewide ................................
7/18/13
10/22/13 [Insert page number
where the document begins].
[FR Doc. 2013–24125 Filed 10–21–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2012–0564; FRL–9901–63–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Redesignation of the Canton-Massillon
Area to Attainment of the 1997 Annual
Standard and the 2006 24-Hour
Standard for Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving, under the
Clean Air Act (CAA), the state of Ohio’s
request to redesignate the CantonMassillon nonattainment area (Canton),
Stark County, to attainment of the 1997
annual and 2006 24-hour national
ambient air quality standards (NAAQS
or standards) for fine particulate matter
(PM2.5). On June 26, 2012, the Ohio
Environmental Protection Agency
(OEPA) submitted a request for EPA to
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
17:38 Oct 21, 2013
Jkt 232001
EPA approval date
redesignate the Canton nonattainment
area. EPA determined that the Canton
area has attained the 1997 annual and
2006 24-hour PM2.5 standards, and
proposed on August 7, 2013, to approve
Ohio’s request to redesignate the area.
EPA is taking final action today on that
proposal. EPA is also taking final action
in this rulemaking on several related
proposals. EPA is approving, as a
revision to the Ohio state
implementation plan (SIP), the state’s
plan for maintaining the 1997 annual
and 2006 24-hour PM2.5 NAAQS in the
area through 2025. Finally, EPA finds
adequate and is approving Ohio’s
nitrogen oxides (NOX) and PM2.5 motor
vehicle emission budgets (MVEBs) for
2015 and 2025 for the Canton area. EPA
is also approving the 2005 and 2008
emissions inventories for primary PM2.5,
NOX, sulfur dioxide (SO2), volatile
organic compounds (VOCs) and
ammonia for the area. EPA, therefore,
grants Ohio’s request to redesignate the
Canton area to attainment for the 1997
annual and 2006 24-hour PM2.5
standards.
DATES:
This rule is effective October 22,
2013.
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
Additional explanation
*
*
This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K),
(L), and (M), or portions
thereof.
EPA has established a
docket for this action under Docket
Identification EPA–R05–OAR–2012–
0564. All documents in these dockets
are listed on the www.regulations.gov
Web site. 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 U.S. Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Carolyn Persoon at (312)
353–8290 before visiting the Region 5
office.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
E:\FR\FM\22OCR1.SGM
22OCR1
]]>Agencies
[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Rules and Regulations]
[Pages 62455-62459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24125]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0499; FRL-9901-35-Region3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Infrastructure Requirements for the 2008 Lead
National Ambient Air Quality Standards and State Board Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve two State
Implementation Plan (SIP) revisions submitted by the District of
Columbia (hereafter ``the District'') pursuant to the Clean Air Act
(CAA). Whenever new or revised national ambient air quality standards
(NAAQS) are promulgated, the CAA requires states to submit a plan for
the implementation, maintenance, and enforcement of such NAAQS. The
plan is required to address basic program elements including, but not
limited to, regulatory structure, monitoring, modeling, legal
authority, and adequate resources necessary to assure attainment and
maintenance of the NAAQS. These elements are referred to as
infrastructure requirements. The District made a submittal addressing
the infrastructure requirements for the 2008 lead (Pb) NAAQS and a
separate submittal addressing requirements in
[[Page 62456]]
relation to State Boards. EPA is approving portions of the
infrastructure requirements for the 2008 lead NAAQS and the
requirements addressing State Boards for the District in accordance
with the requirements of the CAA.
DATES: This rule is effective on December 23, 2013 without further
notice, unless EPA receives adverse written comment by November 21,
2013. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0499 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2013-0499, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0499. EPA's policy is that all comments received 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 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 www.regulations.gov or email. The
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 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.
Docket: All documents in the electronic docket are listed in the
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, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the District of Columbia Department of the
Environment, Air Quality Division, 1200 1st Street NE., 5th floor,
Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: On July 18, 2013, the District Department of
the Environment (DDOE) submitted a revision to the District's SIP to
satisfy the requirements of section 110(a)(2) of the CAA for the 2008
lead NAAQS (the infrastructure submittal). On this same date, DDOE
submitted a revision to the District SIP addressing the State Board
requirements under sections 128 and 110(a)(2)(E)(ii) of the CAA.
I. Background
On October 15, 2008, EPA substantially strengthened the primary and
secondary lead NAAQS, revising the level of the primary (health-based)
standard from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 0.15
[mu]g/m\3\, measured as total suspended particles (TSP) and not to be
exceeded with an averaging time of a rolling 3-month period. EPA also
revised the secondary (welfare-based) standard to be identical to the
primary standard, as well as the associated ambient air monitoring
requirements. See 40 CFR 50.16.
Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS or within such shorter period as EPA may prescribe. The contents
of that submission may vary depending upon the facts and circumstances.
In particular, the data and analytical tools available at the time the
state develops and submits the SIP for a new or revised NAAQS affect
the content of the submission. The contents of such SIP submission may
also vary depending upon what provisions the state's existing SIP
already contains.
Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs meeting the applicable requirements of section 110(a)(2)
within three years after promulgation of a new or revised NAAQS or
within such shorter period as EPA may prescribe. Section 110(a)(1)
provides the procedural and timing requirements for SIPs and section
110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. More specifically, section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS.
For the 2008 lead NAAQS, states typically have met many of the
basic program elements required in section 110(a)(2) through earlier
SIP submissions in connection with previous NAAQS. Nevertheless,
pursuant to section 110(a)(1), states have to review and revise, as
appropriate, their existing SIPs to ensure that the SIPs are adequate
to address the 2008 lead NAAQS. To assist states in meeting this
statutory requirement, EPA issued a guidance on October 14, 2011,
entitled, ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements Required Under sections 110(a)(1) and 110(a)(2) for the 2008
Lead (Pb) National Ambient Air Quality Standards (NAAQS)'' (hereafter
the ``2011 Lead Infrastructure Guidance''), which lists the basic
elements that states should include in their SIPs for the 2008 lead
NAAQS.
Section 110(a)(2)(E)(ii) requires the states to satisfy for each
NAAQS the requirements of section 128 of the CAA in relation to State
Boards. Section 128(a) requires SIPs to contain provisions that: (1)
Any board or body which approves permits or enforcement orders under
the CAA have at least a majority of its members represent the public
interest and not derive any significant portion of their income from
persons subject to permits or enforcement orders under the CAA; and (2)
any potential conflict of interest by members of such board or body or
the
[[Page 62457]]
head of an executive agency with similar powers be adequately
disclosed.
II. Summary of SIP Revision
A. Infrastructure Requirements
On July 18, 2013, DDOE provided a submittal to satisfy the
requirements of section 110(a)(2) of the CAA for the 2008 lead NAAQS.
This submittal addresses the following infrastructure elements, which
EPA is proposing to approve: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(I), (D)(i)(II), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J),
(K), (L), and (M), or portions thereof. The infrastructure element
(E)(ii) requirements, pertaining to State Boards, are satisfied by a
separate submittal which was received by EPA on the same date and it is
addressed in section II.B of this rulemaking action. The District did
not submit element (I) which pertains to the nonattainment requirements
of part D, Title I of the CAA, since this element is not required to be
submitted by the 3-year submission deadline of section 110(a)(1), and
will be addressed in a separate process, if necessary.
While the District failed to submit a complete SIP addressing the
portions of (C), (D)(i)(II), (D)(ii), and (J) relating to the part C,
Title I of the CAA for the 2008 lead NAAQS, EPA recognizes that such
requirements have already been addressed by a Federal Implementation
Plan (FIP) that remains in place, containing the Prevention of
Significant Deterioration (PSD) permit program. EPA concludes that such
findings of incompleteness would not trigger any additional FIP
obligation for the District with respect to these infrastructure
requirements. Therefore, EPA is not taking any action for the 2008 lead
NAAQS for elements (C), (D)(i)(II), (D)(ii), and (J), for the portions
which relate to the PSD permit program required by part C, Title I of
the CAA.
In accordance with the decision of the U.S. Court of Appeals for
the D.C. Circuit, EPA at this time is not treating the
110(a)(2)(D)(i)(I) SIP submission from the District as a required SIP
submission. See EME Homer City Generation, LP v. EPA, 696 F.3d 7 (D.C.
Cir. 2012), cert. granted, 2013 U.S. Lexis 4801 (2013). However, even
if the submission is not considered to be ``required,'' EPA must act on
the 110(a)(2)(D)(i)(I) SIP submission from the District because section
110(k)(2) of the CAA requires EPA to act on all SIP submissions. Unless
the EME Homer City decision is reversed or otherwise modified by the
Supreme Court, states are not required to submit 110(a)(2)(D)(i)(I)
SIPs until EPA has quantified their obligations under that section. In
this action, EPA is acting on the District's 110(a)(2)(D)(i)(I)
submission.
A detailed summary of EPA's review and rationale for approving the
District's infrastructure submittal may be found in the Technical
Support Document (TSD) for this rulemaking action, which is available
online at www.regulations.gov, Docket number EPA-R03-OAR-2013-0499.
B. State Board Requirements
On July 18, 2013, DDOE also submitted a separate SIP revision
addressing the requirements of CAA section 128 in relation to the State
Board requirements. This submission also satisfies the State Board
requirements under 110(a)(2)(E)(ii) for the 2008 lead NAAQS. The SIP
revision consists of updating the existing provisions in the District
SIP which satisfy the obligations under sections 128 and
110(a)(2)(E)(ii). In this SIP revision, DDOE states that the relevant
section 128 requirements are currently found in chapter 11A
``Government Ethics and Accountability'' of title I ``Government
Organization'' of the District of Columbia Official Code (2012 Supp.),
which the District through DDOE is requesting EPA to approve as part of
the District's SIP. The conduct of the DDOE Director, and that of his
employees, is currently subject to the requirements of title I, chapter
11A of the District of Columbia Official Code. All District employees
are required to follow the laws in title I, chapter 11A of the District
of Columbia Official Code regarding employee conduct.
Specifically, the SIP revision consists of incorporating into the
SIP the following provisions of title I, chapter 11A of the District of
Columbia Official Code, specifically section 1-1161.01
(``Definitions''); section 1-1162.23 (``Conflicts of Interest'');
section 1-1162.24 (``Public Reporting''); and section 1-1162.25
(``Confidential Disclosure of Financial Interest''). These provisions
supersede the section 128 provisions previously approved in the SIP,
and DDOE requests as part of this SIP revision the removal of the prior
provisions which addressed section 128 requirements from the District's
SIP. See (49 FR 22810, June 1, 1984), as codified in 40 CFR 50.470(e).
The requirements of section 128(a)(1) are not applicable to the
District because it does not have any board or body which approves air
quality permits or enforcement orders. The requirements of section
128(a)(2), however, are applicable to the District because DDOE's
Director (i.e., the head of an executive agency) has the similar powers
discussed in section 128(a)(2). DDOE approves all CAA permits and
enforcement orders in the District. DDOE is an executive agency that
acts through its Director or a delegated state employee subordinate.
EPA finds that the measures in these provisions (sections 1-
1161.01, 1-1162.23, 1-1162.24, and 1-1162.25 of the District of
Columbia Official Code) are adequate to meet the District's obligations
under section 128 as well as the infrastructure requirements of section
110(a)(2)(E)(ii). EPA also finds that the submittal specifically meets
the infrastructure requirements of section 110(a)(2)(E)(ii) for the
2008 lead NAAQS.
III. Final Action
EPA is approving the District's two SIP revisions. EPA is approving
the District's SIP revision addressing the following section 110(a)(2)
elements for the 2008 lead NAAQS: (A), (B), (C), (D)(i)(I), (D)(i)(II),
(D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M), or
portions thereof. This SIP revision provides the basic program elements
specified in section 110(a)(2) necessary to implement, maintain, and
enforce the 2008 lead NAAQS. This action does not include section
110(a)(2)(I) of the CAA which pertains to the nonattainment
requirements of part D, title I of the CAA. EPA is also approving the
District's SIP revision addressing the requirements of section 128.
This SIP revision, which consists of incorporating the relevant
provisions of title I, chapter 11A of the District of Columbia Official
Code (2012 Supp.) in the District SIP and removing superseded
provisions in the SIP under 40 CFR 50.470(e), meets the requirements of
section 128. EPA is also approving this SIP revision as meeting the
infrastructure requirements of section 110(a)(2)(E)(ii) for the 2008
lead NAAQS. The SIP revisions were formally and individually submitted
on July 18, 2013. EPA is publishing this rule without prior proposal
because EPA views this as a noncontroversial amendment and anticipates
no adverse comment. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on December 23, 2013
without further notice unless EPA receives adverse comment by November
21, 2013. If EPA receives adverse comment, 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
[[Page 62458]]
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 23, 2013. 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 action. This action, which satisfies certain infrastructure
requirements of section 110(a)(2) of the CAA for the 2008 lead NAAQS
and State Board requirements under section 128 of the CAA for the
District, 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, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 13, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
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 J--District of Columbia
0
2. Sec. 52.470 is amended by:
0
a. Revising the table heading in paragraph (c) to read EPA-Approved
Regulations and Statutes in the District of Columbia SIP.
0
b. Adding at the end of the table in paragraph (c) headings for D.C.
Official Code and Title I--Chapter 11A Government Ethics and
Accountability, and entries for Sections 1-1161.01 and 1-1161.23
through 1-1161.25.
0
c. In paragraph (e):
0
i. Removing from the table the entry ``Revisions for conflict of
interest procedures [CAA Section 128 SIP]''.
0
ii. Adding at the end of the table an entry ``Section 110(a)(2)
Infrastructure Requirements for the 2008 Lead NAAQS''.
0
iii. Adding at the end of the table an entry ``CAA section 128
requirements in relation to State Boards''.
The amendments read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) * * *
[[Page 62459]]
EPA-Approved Regulations and Statutes in the District of Columbia SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Additional
date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
D.C. Official Code
----------------------------------------------------------------------------------------------------------------
Title I--Chapter 11A Government Ethics and Accountability
----------------------------------------------------------------------------------------------------------------
Section 1-1161.01................ Definitions......... 4/27/12 10/22/13 [Insert ....................
page number where
the document
begins].
Section 1-1162.23................ Conflicts of 4/27/12 10/22/13 [Insert ....................
Interest. page number where
the document
begins].
Section 1-1162.24................ Public Reporting.... 4/27/12 10/22/13 [Insert ....................
page number where
the document
begins].
Section 1-1162.25................ Confidential 4/27/12 10/22/13 [Insert ....................
Disclosure of page number where
Financial Interest. the document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide........... 7/18/13 10/22/13 [Insert This action
Requirements for the 2008 Lead Federal Register addresses the
NAAQS. page number where following CAA
the document begins elements:
and date]. 110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M), or
portions thereof.
CAA section 128 requirements in Statewide........... 7/18/13 10/22/13 [Insert ....................
relation to State Boards. page number where
the document
begins].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-24125 Filed 10-21-13; 8:45 am]
BILLING CODE 6560-50-P
