Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, and Virginia; Approval of the Redesignation Requests and Maintenance Plan of the Washington, DC-MD-VA Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard, 60081-60087 [2014-23624]

Download as PDF 60081 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 3. The authority citation for part 81 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. b. Revising in the table under ‘‘Nevada—PM–10,’’ the entry for ‘‘Clark County’’ to read as follows: ■ Subpart C—Section 107 Attainment Status Designations 4. Section 81.329 is amended by: a. Removing in the table under ‘‘Nevada—TSP,’’ the entry for ‘‘Las Vegas Valley (212) (15–24S, 56–64E)’’; and ■ ■ § 81.329 * * Nevada. * * * NEVADA—PM–10 Designation Classification Designated area Date * * * Clark County: Las Vegas planning area ...................................... Hydrographic area 212 ......................................... * * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R03–OAR–2014–0148; FRL–9917–39– Region–3] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, and Virginia; Approval of the Redesignation Requests and Maintenance Plan of the Washington, DC–MD–VA Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving the requests from the District of Columbia (the District), the State of Maryland (Maryland), and the Commonwealth of Virginia (Virginia) (collectively ‘‘the States’’) to redesignate to attainment their respective portions of the Washington, DC–MD–VA nonattainment area (hereafter ‘‘the Washington Area’’ or ‘‘the Area’’) for the 1997 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). EPA is also approving, as a revision to their respective State Implementation Plans (SIPs), the common maintenance plan submitted by the States to show maintenance of the 1997 annual PM2.5 NAAQS through 2025 for the Washington Area. The Washington Area tkelley on DSK3SPTVN1PROD with RULES 16:42 Oct 03, 2014 Jkt 235001 Date * November 5, 2014 ................................ Attainment ................... * Type * ........................................ ........................................ * maintenance plan includes motor vehicle emissions budgets (MVEBs) for PM2.5 and nitrogen oxides (NOX) for the Area for the 1997 annual PM2.5 standard, which EPA is approving for transportation conformity purposes. These actions are being taken under the Clean Air Act (CAA). * [FR Doc. 2014–23623 Filed 10–3–14; 8:45 am] VerDate Sep<11>2014 * * SUMMARY: Type * * ........................................ ........................................ * FOR FURTHER INFORMATION CONTACT: ´ Emlyn Velez-Rosa, (215) 814–2038, or by email at velez-rosa.emlyn@epa.gov. SUPPLEMENTARY INFORMATION: I. Background The District of Columbia Department of the Environment (DDOE), the Maryland Department of the DATES: This final rule is effective on Environment (MDE), and the Virginia November 5, 2014. Department of Environmental Quality (VADEQ) worked together in developing ADDRESSES: EPA has established a a combined document to address the docket for this action under Docket ID Number EPA–R03–OAR–2014–0148. All requirements for the redesignation to attainment of the Washington Area for documents in the docket are listed in the 1997 annual PM2.5 NAAQS. The the www.regulations.gov Web site. States also developed a common Although listed in the electronic docket, maintenance plan as a revision to their some information is not publicly respective SIPs to ensure continued available, i.e., confidential business attainment of the 1997 annual PM2.5 information (CBI) or other information standard in the Washington Area whose disclosure is restricted by statute. throughout 2025. The 1997 annual PM 2.5 Certain other material, such as redesignation requests and maintenance copyrighted material, is not placed on plans for the Washington Area were the Internet and will be publicly submitted to EPA by DDOE on June 3, available only in hard copy form. 2013, by MDE on July 10, 2013, and by Publicly available docket materials are VADEQ on June 3, 2013. The emissions available either electronically through inventories included in the Washington www.regulations.gov or in hard copy for Area maintenance plans were public inspection during normal subsequently supplemented by the business hours at the Air Protection States to provide for emissions estimates Division, U.S. Environmental Protection of VOC and ammonia. The Agency, Region III, 1650 Arch Street, supplemental inventories were Philadelphia, Pennsylvania 19103. submitted to EPA on July 22, 2013 by Copies of the State submittals are DDOE, on July 26, 2013 by MDE, and on available at District of Columbia, July 17, 2013 by VADEQ. In addition, Department of the Environment, Air the maintenance plan includes the 2017 Quality Division, 1200 1st Street NE., and 2025 PM2.5 and NOX MVEBs used 5th Floor, Washington, DC 20002; for transportation conformity purposes Maryland Department of the for the entire Washington Area for the Environment, 1800 Washington 1997 annual PM2.5 NAAQS. Boulevard, Suite 705, Baltimore, On August 8, 2014 (79 FR 45735), Maryland 21230; and Virginia EPA published a notice of proposed Department of Environmental Quality, rulemaking (NPR), proposing to take 629 East Main Street, Richmond, several rulemaking actions related to the Virginia 23219, respectively. redesignation of the Washington Area to PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM 06OCR1 60082 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES attainment for the 1997 annual PM2.5 NAAQS. First, EPA proposed to find that the States met the requirements for redesignation of the Washington Area for the 1997 annual PM2.5 NAAQS under section 107(d)(3)(E) of the CAA. Second, EPA proposed to approve the Washington Area’s maintenance plan for the Area as a revision to the District, Virginia, and Maryland SIPs for the 1997 annual PM2.5 NAAQS. Third, EPA proposed to approve the MVEBs for PM2.5 and NOX emissions for the 1997 annual PM2.5 standard, which are included as part of the Washington Area’s maintenance plan. Finally, EPA proposed to find that the Washington Area continues to attain the 1997 annual PM2.5 standard. In the August 8, 2014 NPR, EPA considered the effects of three legal decisions on the approval of the redesignation requests and maintenance plan: (1) Collectively, the decisions in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), rev’d, No. 12–1182 (S. Ct. April 29, 2014) from the United States Court of Appeals for the District of Columbia (D.C. Circuit Court) and the United States Supreme Court with respect to the Cross-State Air Pollution Rule (CSAPR); and (2) the January 4, 2013, D.C. Circuit decision remanding to EPA the ‘‘Final Clean Air Fine Particle Implementation Rule’’ (72 FR 20586, April 25, 2007) and the ‘‘Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5)’’ final rule (73 FR 28321, May 16, 2008) (collectively, ‘‘1997 PM2.5 Implementation Rule’’). Natural Resources Defense Council (NRDC) v. EPA, 706 F.3d 428 (D.C. Cir. 2013). Specific details of the States’ submittals and the rationale for EPA’s proposed actions are explained in the NPR and will not be restated here. No adverse public comments were received on the NPR. II. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ‘‘privilege’’ for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia’s legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such VerDate Sep<11>2014 16:42 Oct 03, 2014 Jkt 235001 violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia’s Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1–1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information that: (1) Are generated or developed before the commencement of a voluntary environmental assessment; (2) are prepared independently of the assessment process; (3) demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) are required by law. On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege law, Va. Code Sec. 10.1–1198, precludes granting a privilege to documents and information ‘‘required by law,’’ including documents and information ‘‘required by Federal law to maintain program delegation, authorization or approval,’’ since Virginia must ‘‘enforce Federally authorized environmental programs in a manner that is no less stringent than their Federal counterparts. * * *’’ The opinion concludes that ‘‘[r]egarding § 10.1–1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by Federal law to maintain program delegation, authorization or approval.’’ Virginia’s Immunity law, Va. Code Sec. 10.1–1199, provides that ‘‘[t]o the extent consistent with requirements imposed by Federal law,’’ any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General’s January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any Federally authorized programs, since ‘‘no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with Federal law, which is one of the criteria for immunity.’’ Therefore, EPA has determined that Virginia’s Privilege and Immunity PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 statutes will not preclude the Commonwealth from enforcing its program consistent with the Federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on Federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the CAA is likewise unaffected by this, or any, state audit privilege or immunity law. III. Final Action EPA is approving the requests submitted by the District of Columbia, the Commonwealth of Virginia, and the State of Maryland to redesignate from nonattainment to attainment their respective portions of the Washington Area for the 1997 annual PM2.5 NAAQS. EPA has evaluated the States’ redesignation requests and determined that they meet the redesignation criteria set forth in section 107(d)(3)(E) of the CAA for the 1997 annual PM2.5 standard. In this final rulemaking action, EPA finds that the Washington Area is attaining and will continue to attain the 1997 annual PM2.5 NAAQS. EPA is also approving the common maintenance plan for the Washington Area submitted by the States as revisions to their respective SIPs for the 1997 annual PM2.5 standard, as the plan meets the requirements of CAA section 175A for the standard. Furthermore, EPA is approving the 2017 and 2025 MVEBs for PM2.5 and NOX submitted by the States for the Washington Area for transportation conformity determinations with respect to the 1997 annual PM2.5 NAAQS. Final approval of the redesignation requests will change the official designations of the Washington Area, from nonattainment to attainment as found at 40 CFR part 81, for each of the States for the 1997 annual PM2.5 NAAQS, and will incorporate into the States SIPs the maintenance plan ensuring continued attainment of the 1997 annual PM2.5 NAAQS in the Area for the next 10 years, until 2025. IV. Statutory and Executive Order Reviews A. General Requirements Under the CAA, redesignation of an area to attainment and the accompanying approval of the E:\FR\FM\06OCR1.SGM 06OCR1 60083 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations maintenance plan under CAA section 107(d)(3)(E) are actions that affect the status of geographical area and do not impose any additional regulatory requirements on sources beyond those required by state law. A redesignation to attainment does not in and of itself impose any new requirements, but rather results in the application of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, 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 tkelley on DSK3SPTVN1PROD with RULES Environmental protection, Air pollution control, Incorporation by reference, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. C. Petitions for Judicial Review 2. In § 52.470, the table in paragraph (e) is amended by adding an entry for the 1997 Annual PM2.5 Maintenance Plan for the District of Columbia Portion of the Washington, DC–MD–VA Area at the end of the table to read as follows: * District of Columbia ........ PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 Air pollution control, National parks, Wilderness areas. Dated: September 15, 2014. William C. Early, Acting Regional Administrator, Region III. 40 CFR parts 52 and 81 are 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 ■ 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 5, 2014. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the * * * Maintenance plan for the District of Columbia Portion of the Washington, DC–MD–VA Nonattainment Area for the 1997 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard. Jkt 235001 40 CFR Part 52 40 CFR Part 81 Applicable geographic area 16:42 Oct 03, 2014 List of Subjects 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). Name of non-regulatory SIP revision VerDate Sep<11>2014 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, in which EPA is approving the redesignation requests and maintenance plan submitted by the District of Columbia, the Commonwealth of Virginia, and the State of Maryland for the 1997 annual PM2.5 NAAQS Washington Area, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) State submittal date * 06/03/13 07/22/13 § 52.470 * Identification of plan. * * (e) * * * * EPA approval date * 10/6/14 [ Insert Federal Register Citation]. E:\FR\FM\06OCR1.SGM 06OCR1 * Additional explanation * See § 52.477(b). 60084 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 3. Section 52.477 is revised to read as follows: ■ § 52.477 matter. Control strategy: Particular (a) Determination of Attainment. EPA has determined, as of January 12, 2009, that the District of Columbia portion of the Metropolitan Washington, DC–MD– VA nonattainment area for the 1997 PM2.5 NAAQS has attained the 1997 PM2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(c), suspends the requirements for this area to submit an attainment demonstration and associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as the area continues to attain the 1997 PM2.5 NAAQS. (b) Maintenance Plan and Transportation Conformity Budgets. EPA approves the maintenance plan for the District of Columbia portion of the Washington, DC–MD–VA nonattainment area for the 1997 annual PM2.5 NAAQS submitted by the District of Columbia for the entire Area on June 3, 2013 and supplemented on July 22, 2013. The MVEBs are based on a tiered approach: Tier 1 MVEBs are effective as EPA has determined them adequate for transportation conformity purposes; Tier 2 mobile budgets will become effective upon the completion of the interagency consultation process and fully documented within the first conformity analysis that uses the Tier 2 MVEBs. WASHINGTON, DC–MD–VA PM2.5 AREA’S TIER 1 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS, (TPY) Type of control strategy SIP Year Maintenance Plan ................................................................................................ NOX 2017 2025 Effective date of SIP approval PM2.5 41,709 27,400 1,787 1,350 11/5/14 WASHINGTON, DC–MD–VA PM2.5 AREA’S TIER 2 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS, (TPY) Type of control strategy SIP Year Maintenance Plan .............................................................. NOX PM2.5 Effective date of SIP approval 4. In § 52.1070, the table in paragraph (e) is amended by adding an entry for ■ 50,051 2,144 2025 Subpart V—Maryland 2017 32,880 1,586 the 1997 Annual PM2.5 Maintenance Plan for the Maryland portion of the Washington, DC–MD–VA Area at the end of the table to read as follows: Name of non-regulatory SIP revision Applicable geographic area * * * Maintenance plan for the Maryland Portion of the Washington, DC–MD–VA Nonattainment Area for the 1997 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard. * Statewide ........................ * * * * * 5. Section 52.1081 is amended by adding paragraph (d) to read as follows: ■ § 52.1081 matter. Control strategy: Particular * * * * (d) Maintenance Plan and Transportation Conformity Budgets. EPA approves the maintenance plan for the Maryland portion of the tkelley on DSK3SPTVN1PROD with RULES * VerDate Sep<11>2014 16:42 Oct 03, 2014 Jkt 235001 State submittal date * 07/10/13 07/26/13 Washington, DC–MD–VA nonattainment area for the 1997 annual PM2.5 NAAQS submitted by the State of Maryland for the entire Area on July 10, 2013 and supplemented on July 26, 2013. The maintenance plan includes motor vehicle emission budgets (MVEBs) to be applied to all future transportation conformity determinations and analyses for the entire Washington, DC–MD–VA PM2.5 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 § 52.1070 * Contingent and effective upon interagency consultation. Identification of plan. * * (e) * * * * EPA approval date * 10/6/14 [ Insert Federal Register Citation]. * Additional explanation * See § 52.1081(d). Area for the 1997 PM2.5 NAAQS. The MVEBs are based on a tiered approach: Tier 1 MVEBs are effective as EPA has determined them adequate for transportation conformity purposes; Tier 2 mobile budgets will become effective upon the completion of the interagency consultation process and fully documented within the first conformity analysis that uses the Tier 2 MVEBs. E:\FR\FM\06OCR1.SGM 06OCR1 60085 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations WASHINGTON, DC–MD–VA PM2.5 AREA’S TIER 1 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS, (TPY) Type of control strategy SIP Year Maintenance Plan ................................................................................................ NOX 2017 2025 Effective date of SIP approval PM2.5 41,709 27,400 1,787 1,350 11/5/14 WASHINGTON, DC–MD–VA PM2.5 AREA’S TIER 2 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS, (TPY) Type of control strategy SIP Year Maintenance Plan .............................................................. NOX PM2.5 Effective date of SIP approval 6. In § 52.2420, the table in paragraph (e) is amended by adding an entry for ■ 50,051 2,144 2025 Subpart VV—Virginia 2017 32,880 1,586 the 1997 Annual PM2.5 Maintenance Plan for the Virginia Portion of the Washington, DC–MD–VA Area at the end of the table to read as follows: Name of non-regulatory SIP revision Applicable geographic area * * * Maintenance plan for the Virginia Portion of the Washington, DC–MD–VA Nonattainment Area for the 1997 Annual PM2.5 National Ambient Air Quality Standard. * Statewide ........................ * * * * * 7. Section 52.2429 is amended by designating the existing text as paragraph (a) and adding paragraph (b). The addition reads as follows: ■ § 52.2429 matter. Control strategy: Particular * * * * * (b) Maintenance Plan and Transportation Conformity Budgets. EPA approves the maintenance plan for State submittal date * 06/03/13 07/17/13 the Virginia portion of the Washington, DC–MD–VA nonattainment area for the 1997 annual PM2.5 NAAQS submitted by the Commonwealth of Virginia for the entire Area on June 6, 2013 and supplemented on July 17, 2013. The maintenance plan includes motor vehicle emission budgets (MVEBs) to be applied to all future transportation conformity determinations and analyses for the entire Washington, DC–MD–VA § 52.2420 * Contingent and effective upon interagency consultation. Identification of plan. * * (e) * * * * * Additional explanation EPA approval date * 10/6/14 [ Insert Federal Register Citation]. * See § 52.2429(b). PM2.5 Area for the 1997 PM2.5 NAAQS. The MVEBs are based on a tiered approach: Tier 1 MVEBs are effective as EPA has determined them adequate for transportation conformity purposes; Tier 2 mobile budgets will become effective upon the completion of the interagency consultation process and fully documented within the first conformity analysis that uses the Tier 2 MVEBs. WASHINGTON, DC–MD–VA PM2.5 AREA’S TIER 1 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS, (TPY) Type of control strategy SIP Year Maintenance Plan ................................................................................................ NOX 2017 2025 PM2.5 41,709 27,400 1,787 1,350 Effective date of SIP approval 11/5/14 WASHINGTON, DC–MD–VA PM2.5 AREA’S TIER 2 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS, (TPY) tkelley on DSK3SPTVN1PROD with RULES Type of control strategy SIP Year Maintenance Plan .............................................................. NOX PM2.5 Effective date of SIP approval 16:42 Oct 03, 2014 Jkt 235001 PO 00000 Frm 00029 50,051 2,144 2025 VerDate Sep<11>2014 2017 32,880 1,586 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM Contingent and effective upon interagency consultation. 06OCR1 60086 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 8. The authority citation for part 81 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. § 81.309 * 9. In § 81.309, revise the table for ‘‘District of Columbia—1997 Annual PM2.5 NAAQS [Primary and secondary]’’ to read as follows: ■ District of Columbia. * * * * DISTRICT OF COLUMBIA—1997 ANNUAL PM2.5 NAAQS [Primary and secondary] Designation a Classification Designated area Date 1 Washington, DC–MD–VA: District of Columbia ....................................................................................................... * * * * 10/6/14 Type Date Type Attainment * * * a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 2005, unless otherwise noted. * * * * * 10. In § 81.321, the table for Maryland—1997 Annual PM2.5 NAAQS [Primary and secondary] is amended by ■ § 81.321 removing footnote number 2 in the table and revising the entries for the Washington, DC–MD–VA Area to read as follows: * Maryland. * * * * MARYLAND—1997 ANNUAL PM2.5 NAAQS [Primary and secondary] Designation a Classification Designated area Date 1 * * * * Washington, DC–MD–VA: Charles County ............................................................................................................. Frederick County ........................................................................................................... Montgomery County ...................................................................................................... Prince George’s County ................................................................................................ * * * * Type * Date * 10/6/14 10/6/14 10/6/14 10/6/14 Type * Attainment Attainment Attainment Attainment * * * a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 2005, unless otherwise noted. * * * * * 11. In § 81.347, the table for Virginia— 1997 Annual PM2.5 NAAQS [Primary ■ § 81.347 and secondary] is amended by removing footnote number 2 in the table and revising the entries for the Washington, DC–MD–VA Area to read as follows: * Virginia. * * * * VIRGINIA—1997 ANNUAL PM2.5 NAAQS [Primary and secondary] Designation a Classification Designated area tkelley on DSK3SPTVN1PROD with RULES Date1 Washington, DC–MD–VA: Arlington County ............................................................................................................ Fairfax County ............................................................................................................... Loudoun County ............................................................................................................ Prince William County ................................................................................................... Alexandria City .............................................................................................................. Fairfax City .................................................................................................................... Falls Church City ........................................................................................................... Manassas City ............................................................................................................... Manassas Park City ...................................................................................................... * * * * 10/6/14 10/6/14 10/6/14 10/6/14 10/6/14 10/6/14 10/6/14 10/6/14 10/6/14 Type * * Indian Country located in each county or area, except as otherwise specified. date is 90 days after January 5, 2005, unless otherwise noted. VerDate Sep<11>2014 19:53 Oct 03, 2014 Jkt 235001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM Type Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment a Includes 1 This Date 06OCR1 * Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations * * * * NW., Washington, DC 20460–0002, 202– 566–2774, overmeyer.patricia@epa.gov. SUPPLEMENTARY INFORMATION: * [FR Doc. 2014–23624 Filed 10–3–14; 8:45 am] BILLING CODE 6560–50–P Table of Contents ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 312 [EPA–HQ–SFUND–2014–0474; FRL–9917– 28–OSWER] Amendment to Standards and Practices for All Appropriate Inquiries Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is amending the standards and practices for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to remove the reference to ASTM International’s E1527–05 standard practice. This 2005 standard practice was replaced with an updated standard, the E1527–13, by ASTM International, a widely recognized standards development organization. Specifically, EPA is amending the ‘‘All Appropriate Inquiries Rule’’ to remove the reference to ASTM International’s E1527–05 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.’’ SUMMARY: The effective date for this action is October 6, 2015. ADDRESSES: Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the HQ EPA Docket Center, EPA/DC, EPA WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room at this docket facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Superfund Docket is (202) 566–9744. FOR FURTHER INFORMATION CONTACT: For general information, contact the CERCLA Call Center at 800–424–9346 or TDD 800–553–7672 (hearing impaired). In the Washington, DC metropolitan area, call 703–412–9810 or TDD 703– 412–3323. For more detailed information on specific aspects of this rule, contact Patricia Overmeyer, Office of Brownfields and Land Revitalization (5105T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue tkelley on DSK3SPTVN1PROD with RULES DATES: VerDate Sep<11>2014 19:53 Oct 03, 2014 Jkt 235001 I. Regulated Entities II. Statutory Authority III. Background IV. Summary of Comments and EPA Responses V. Overview of Today’s Action VI. Effective Date of Final Action VII. Statutory and Executive Order Reviews I. Regulated Entities The EPA is removing the reference to the 2005 ASTM standard in the All Appropriate Inquiries Rule at 40 CFR part 312 (70 FR 66070, as amended). In November 2013, ASTM International replaced its 2005 standard (ASTM E1527–05 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process’’) with an updated standard, ASTM E1527–13 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.’’ The updated 2013 standard is a currently recognized industry consensus-based standard to conduct all appropriate inquiries as provided under CERCLA. In December 2013, EPA published a final rule indicating that parties who acquire potentially contaminated properties and brownfields grantees using EPA brownfield grant funding to conduct site characterizations and assessments may use the ASTM E1527–13 standard practice when conducting all appropriate inquiries pursuant to CERCLA (78 FR 79319). Today’s rule does not include any changes to the standards and practices included in the All Appropriate Inquiries Rule (AAI Rule). Any party who wants to meet the provisions under CERCLA to conduct all appropriate inquiries may follow the standards and procedures set forth in the AAI Rule at 40 CFR part 312 or use the new ASTM E1527–13 standard, as provided in the AAI Rule. Persons potentially affected by this action are those who perform all appropriate inquiries, including public and private entities who intend to claim protection from CERCLA liability as bona fide prospective purchasers, contiguous property owners, or innocent landowners. In addition, any person conducting a site characterization or assessment on a property with a brownfields grant awarded under CERCLA section 104(k)(2)(B)(ii) may be affected by today’s action. This includes state, local and tribal governments that receive PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 60087 brownfields site assessment grants. A summary of the potentially affected industry sectors (by North American Industry Classification System (NAICS) codes) is displayed in the table below. Industry category Real Estate ......... Insurance ............ Banking/Real Estate Credit. Environmental Consulting Services. State, Local and Tribal Government. Federal Government. NAICS code 531 52412 52292 54162 926110, 925120 925120, 921190, 924120 The list of potentially affected persons in the above table may not be exhaustive. Our aim is to provide a guide for readers regarding those entities that EPA is aware potentially could be affected by this action. II. Statutory Authority Today’s action, which amends the AAI Rule at 40 CFR part 312 setting Federal standards for the conduct of ‘‘all appropriate inquiries,’’ is authorized under section 101(35)(B) of CERCLA (42 U.S.C. 9601), as amended by the Small Business Liability Relief and Brownfields Revitalization Act of 2002. III. Background On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act, Public Law 107–118 (‘‘the Brownfields Amendments’’), which amended CERCLA. In general, the Brownfields Amendments provide funds to assess and clean up brownfields sites; clarify CERCLA liability provisions related to certain purchasers of contaminated properties; and provide funding to enhance state and tribal cleanup programs. Subtitle B of the Brownfields Amendments added new limitations on CERCLA liability under section 107 for bona fide prospective purchasers and contiguous property owners and clarified the requirements necessary to establish the innocent landowner defense under CERCLA. The Brownfields Amendments also revised section 101(35) of CERCLA to provide that parties acquiring contaminated or potentially contaminated property must undertake ‘‘all appropriate inquiries’’ into prior ownership and use of the property prior E:\FR\FM\06OCR1.SGM 06OCR1

Agencies

[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60081-60087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23624]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0148; FRL-9917-39-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia, Maryland, and Virginia; Approval of the 
Redesignation Requests and Maintenance Plan of the Washington, DC-MD-VA 
Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
requests from the District of Columbia (the District), the State of 
Maryland (Maryland), and the Commonwealth of Virginia (Virginia) 
(collectively ``the States'') to redesignate to attainment their 
respective portions of the Washington, DC-MD-VA nonattainment area 
(hereafter ``the Washington Area'' or ``the Area'') for the 1997 annual 
fine particulate matter (PM2.5) National Ambient Air Quality 
Standard (NAAQS or standard). EPA is also approving, as a revision to 
their respective State Implementation Plans (SIPs), the common 
maintenance plan submitted by the States to show maintenance of the 
1997 annual PM2.5 NAAQS through 2025 for the Washington 
Area. The Washington Area maintenance plan includes motor vehicle 
emissions budgets (MVEBs) for PM2.5 and nitrogen oxides 
(NOX) for the Area for the 1997 annual PM2.5 
standard, which EPA is approving for transportation conformity 
purposes. These actions are being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on November 5, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0148. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 through www.regulations.gov or in hard 
copy for public inspection 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 
submittals are available at District of Columbia, Department of the 
Environment, Air Quality Division, 1200 1st Street NE., 5th Floor, 
Washington, DC 20002; Maryland Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230; and 
Virginia Department of Environmental Quality, 629 East Main Street, 
Richmond, Virginia 23219, respectively.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The District of Columbia Department of the Environment (DDOE), the 
Maryland Department of the Environment (MDE), and the Virginia 
Department of Environmental Quality (VADEQ) worked together in 
developing a combined document to address the requirements for the 
redesignation to attainment of the Washington Area for the 1997 annual 
PM2.5 NAAQS. The States also developed a common maintenance 
plan as a revision to their respective SIPs to ensure continued 
attainment of the 1997 annual PM2.5 standard in the 
Washington Area throughout 2025. The 1997 annual PM2.5 
redesignation requests and maintenance plans for the Washington Area 
were submitted to EPA by DDOE on June 3, 2013, by MDE on July 10, 2013, 
and by VADEQ on June 3, 2013. The emissions inventories included in the 
Washington Area maintenance plans were subsequently supplemented by the 
States to provide for emissions estimates of VOC and ammonia. The 
supplemental inventories were submitted to EPA on July 22, 2013 by 
DDOE, on July 26, 2013 by MDE, and on July 17, 2013 by VADEQ. In 
addition, the maintenance plan includes the 2017 and 2025 
PM2.5 and NOX MVEBs used for transportation 
conformity purposes for the entire Washington Area for the 1997 annual 
PM2.5 NAAQS.
    On August 8, 2014 (79 FR 45735), EPA published a notice of proposed 
rulemaking (NPR), proposing to take several rulemaking actions related 
to the redesignation of the Washington Area to

[[Page 60082]]

attainment for the 1997 annual PM2.5 NAAQS. First, EPA 
proposed to find that the States met the requirements for redesignation 
of the Washington Area for the 1997 annual PM2.5 NAAQS under 
section 107(d)(3)(E) of the CAA. Second, EPA proposed to approve the 
Washington Area's maintenance plan for the Area as a revision to the 
District, Virginia, and Maryland SIPs for the 1997 annual 
PM2.5 NAAQS. Third, EPA proposed to approve the MVEBs for 
PM2.5 and NOX emissions for the 1997 annual 
PM2.5 standard, which are included as part of the Washington 
Area's maintenance plan. Finally, EPA proposed to find that the 
Washington Area continues to attain the 1997 annual PM2.5 
standard.
    In the August 8, 2014 NPR, EPA considered the effects of three 
legal decisions on the approval of the redesignation requests and 
maintenance plan: (1) Collectively, the decisions in EME Homer City 
Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), rev'd, No. 12-
1182 (S. Ct. April 29, 2014) from the United States Court of Appeals 
for the District of Columbia (D.C. Circuit Court) and the United States 
Supreme Court with respect to the Cross-State Air Pollution Rule 
(CSAPR); and (2) the January 4, 2013, D.C. Circuit decision remanding 
to EPA the ``Final Clean Air Fine Particle Implementation Rule'' (72 FR 
20586, April 25, 2007) and the ``Implementation of the New Source 
Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers 
(PM2.5)'' final rule (73 FR 28321, May 16, 2008) 
(collectively, ``1997 PM2.5 Implementation Rule''). Natural 
Resources Defense Council (NRDC) v. EPA, 706 F.3d 428 (D.C. Cir. 2013).
    Specific details of the States' submittals and the rationale for 
EPA's proposed actions are explained in the NPR and will not be 
restated here. No adverse public comments were received on the NPR.

II. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information that: (1) Are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
are prepared independently of the assessment process; (3) demonstrate a 
clear, imminent and substantial danger to the public health or 
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by Federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
Federally authorized environmental programs in a manner that is no less 
stringent than their Federal counterparts. * * *'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by Federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any Federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
program consistent with the Federal requirements. In any event, because 
EPA has also determined that a state audit privilege and immunity law 
can affect only state enforcement and cannot have any impact on Federal 
enforcement authorities, EPA may at any time invoke its authority under 
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to 
enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the CAA is likewise unaffected by 
this, or any, state audit privilege or immunity law.

III. Final Action

    EPA is approving the requests submitted by the District of 
Columbia, the Commonwealth of Virginia, and the State of Maryland to 
redesignate from nonattainment to attainment their respective portions 
of the Washington Area for the 1997 annual PM2.5 NAAQS. EPA 
has evaluated the States' redesignation requests and determined that 
they meet the redesignation criteria set forth in section 107(d)(3)(E) 
of the CAA for the 1997 annual PM2.5 standard. In this final 
rulemaking action, EPA finds that the Washington Area is attaining and 
will continue to attain the 1997 annual PM2.5 NAAQS. EPA is 
also approving the common maintenance plan for the Washington Area 
submitted by the States as revisions to their respective SIPs for the 
1997 annual PM2.5 standard, as the plan meets the 
requirements of CAA section 175A for the standard. Furthermore, EPA is 
approving the 2017 and 2025 MVEBs for PM2.5 and 
NOX submitted by the States for the Washington Area for 
transportation conformity determinations with respect to the 1997 
annual PM2.5 NAAQS. Final approval of the redesignation 
requests will change the official designations of the Washington Area, 
from nonattainment to attainment as found at 40 CFR part 81, for each 
of the States for the 1997 annual PM2.5 NAAQS, and will 
incorporate into the States SIPs the maintenance plan ensuring 
continued attainment of the 1997 annual PM2.5 NAAQS in the 
Area for the next 10 years, until 2025.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the

[[Page 60083]]

maintenance plan under CAA section 107(d)(3)(E) are actions that affect 
the status of geographical area and do not impose any additional 
regulatory requirements on sources beyond those required by state law. 
A redesignation to attainment does not in and of itself impose any new 
requirements, but rather results in the application of requirements 
contained in the CAA for areas that have been redesignated to 
attainment. Moreover, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, 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 5, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action, in which EPA is approving the redesignation 
requests and maintenance plan submitted by the District of Columbia, 
the Commonwealth of Virginia, and the State of Maryland for the 1997 
annual PM2.5 NAAQS Washington Area, may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

 40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: September 15, 2014.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR parts 52 and 81 are 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. In Sec.  52.470, the table in paragraph (e) is amended by adding an 
entry for the 1997 Annual PM2.5 Maintenance Plan for the 
District of Columbia Portion of the Washington, DC-MD-VA Area at the 
end of the table to read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                        State
   Name of non-regulatory SIP        Applicable       submittal    EPA approval date    Additional explanation
            revision               geographic area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Maintenance plan for the         District of            06/03/13  10/6/14 [ Insert    See Sec.   52.477(b).
 District of Columbia Portion     Columbia.             07/22/13   Federal Register
 of the Washington, DC-MD-VA                                       Citation].
 Nonattainment Area for the
 1997 annual fine particulate
 matter (PM2.5) National
 Ambient Air Quality Standard.
----------------------------------------------------------------------------------------------------------------


[[Page 60084]]


0
3. Section 52.477 is revised to read as follows:


Sec.  52.477  Control strategy: Particular matter.

    (a) Determination of Attainment. EPA has determined, as of January 
12, 2009, that the District of Columbia portion of the Metropolitan 
Washington, DC-MD-VA nonattainment area for the 1997 PM2.5 
NAAQS has attained the 1997 PM2.5 NAAQS. This determination, 
in accordance with 40 CFR 52.1004(c), suspends the requirements for 
this area to submit an attainment demonstration and associated 
reasonably available control measures, a reasonable further progress 
plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as the area continues to attain 
the 1997 PM2.5 NAAQS.
    (b) Maintenance Plan and Transportation Conformity Budgets. EPA 
approves the maintenance plan for the District of Columbia portion of 
the Washington, DC-MD-VA nonattainment area for the 1997 annual 
PM2.5 NAAQS submitted by the District of Columbia for the 
entire Area on June 3, 2013 and supplemented on July 22, 2013. The 
MVEBs are based on a tiered approach: Tier 1 MVEBs are effective as EPA 
has determined them adequate for transportation conformity purposes; 
Tier 2 mobile budgets will become effective upon the completion of the 
interagency consultation process and fully documented within the first 
conformity analysis that uses the Tier 2 MVEBs.

 Washington, DC-MD-VA PM2.5 Area's Tier 1 Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                                      Effective
           Type of control strategy SIP                  Year             NOX            PM2.5       date of SIP
                                                                                                      approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan..................................            2017          41,709           1,787      11/5/14
                                                              2025          27,400           1,350
----------------------------------------------------------------------------------------------------------------


                     Washington, DC-MD-VA PM2.5 Area's Tier 2 Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Type of control strategy SIP               Year             NOX            PM2.5                    Effective date of SIP approval
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance Plan.............................            2017          50,051           2,144  Contingent and effective upon interagency consultation.
                                                         2025          32,880           1,586
--------------------------------------------------------------------------------------------------------------------------------------------------------

Subpart V--Maryland

0
4. In Sec.  52.1070, the table in paragraph (e) is amended by adding an 
entry for the 1997 Annual PM2.5 Maintenance Plan for the 
Maryland portion of the Washington, DC-MD-VA Area at the end of the 
table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                        State
   Name of non-regulatory SIP        Applicable       submittal    EPA approval date    Additional explanation
            revision               geographic area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Maintenance plan for the         Statewide.........     07/10/13  10/6/14 [ Insert    See Sec.   52.1081(d).
 Maryland Portion of the                                07/26/13   Federal Register
 Washington, DC-MD-VA                                              Citation].
 Nonattainment Area for the
 1997 annual fine particulate
 matter (PM2.5) National
 Ambient Air Quality Standard.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
5. Section 52.1081 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.1081  Control strategy: Particular matter.

* * * * *
    (d) Maintenance Plan and Transportation Conformity Budgets. EPA 
approves the maintenance plan for the Maryland portion of the 
Washington, DC-MD-VA nonattainment area for the 1997 annual 
PM2.5 NAAQS submitted by the State of Maryland for the 
entire Area on July 10, 2013 and supplemented on July 26, 2013. The 
maintenance plan includes motor vehicle emission budgets (MVEBs) to be 
applied to all future transportation conformity determinations and 
analyses for the entire Washington, DC-MD-VA PM2.5 Area for 
the 1997 PM2.5 NAAQS. The MVEBs are based on a tiered 
approach: Tier 1 MVEBs are effective as EPA has determined them 
adequate for transportation conformity purposes; Tier 2 mobile budgets 
will become effective upon the completion of the interagency 
consultation process and fully documented within the first conformity 
analysis that uses the Tier 2 MVEBs.

[[Page 60085]]



 Washington, DC-MD-VA PM2.5 Area's Tier 1 Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                                      Effective
           Type of control strategy SIP                  Year             NOX            PM2.5       date of SIP
                                                                                                      approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan..................................            2017          41,709           1,787      11/5/14
                                                              2025          27,400           1,350
----------------------------------------------------------------------------------------------------------------


                     Washington, DC-MD-VA PM2.5 Area's Tier 2 Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Type of control strategy SIP               Year             NOX            PM2.5                    Effective date of SIP approval
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance Plan.............................            2017          50,051           2,144  Contingent and effective upon interagency consultation.
                                                         2025          32,880           1,586
--------------------------------------------------------------------------------------------------------------------------------------------------------

Subpart VV--Virginia

0
6. In Sec.  52.2420, the table in paragraph (e) is amended by adding an 
entry for the 1997 Annual PM2.5 Maintenance Plan for the 
Virginia Portion of the Washington, DC-MD-VA Area at the end of the 
table to read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                        State
   Name of non-regulatory SIP        Applicable       submittal    EPA approval date    Additional explanation
            revision               geographic area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Maintenance plan for the         Statewide.........     06/03/13  10/6/14 [ Insert    See Sec.   52.2429(b).
 Virginia Portion of the                                07/17/13   Federal Register
 Washington, DC-MD-VA                                              Citation].
 Nonattainment Area for the
 1997 Annual PM2.5 National
 Ambient Air Quality Standard.
----------------------------------------------------------------------------------------------------------------

* * * * *
0
7. Section 52.2429 is amended by designating the existing text as 
paragraph (a) and adding paragraph (b).
    The addition reads as follows:


Sec.  52.2429  Control strategy: Particular matter.

* * * * *
    (b) Maintenance Plan and Transportation Conformity Budgets. EPA 
approves the maintenance plan for the Virginia portion of the 
Washington, DC-MD-VA nonattainment area for the 1997 annual 
PM2.5 NAAQS submitted by the Commonwealth of Virginia for 
the entire Area on June 6, 2013 and supplemented on July 17, 2013. The 
maintenance plan includes motor vehicle emission budgets (MVEBs) to be 
applied to all future transportation conformity determinations and 
analyses for the entire Washington, DC-MD-VA PM2.5 Area for 
the 1997 PM2.5 NAAQS. The MVEBs are based on a tiered 
approach: Tier 1 MVEBs are effective as EPA has determined them 
adequate for transportation conformity purposes; Tier 2 mobile budgets 
will become effective upon the completion of the interagency 
consultation process and fully documented within the first conformity 
analysis that uses the Tier 2 MVEBs.

 Washington, DC-MD-VA PM2.5 Area's Tier 1 Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                                      Effective
           Type of control strategy SIP                  Year             NOX            PM2.5       date of SIP
                                                                                                      approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan..................................            2017          41,709           1,787      11/5/14
                                                              2025          27,400           1,350
----------------------------------------------------------------------------------------------------------------


                     Washington, DC-MD-VA PM2.5 Area's Tier 2 Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Type of control strategy SIP               Year             NOX            PM2.5                    Effective date of SIP approval
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance Plan.............................            2017          50,051           2,144  Contingent and effective upon interagency consultation.
                                                         2025          32,880           1,586
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 60086]]

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
8. The authority citation for part 81 continues to read as follows:

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


0
9. In Sec.  81.309, revise the table for ``District of Columbia--1997 
Annual PM2.5 NAAQS [Primary and secondary]'' to read as 
follows:


Sec.  81.309  District of Columbia.

* * * * *

                                  District of Columbia--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                  Designation \a\                       Classification
            Designated area            -------------------------------------------------------------------------
                                          Date \1\            Type               Date              Type
----------------------------------------------------------------------------------------------------------------
Washington, DC-MD-VA:
    District of Columbia..............      10/6/14  Attainment
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *

0
10. In Sec.  81.321, the table for Maryland--1997 Annual 
PM2.5 NAAQS [Primary and secondary] is amended by removing 
footnote number 2 in the table and revising the entries for the 
Washington, DC-MD-VA Area to read as follows:


Sec.  81.321  Maryland.

* * * * *

                                        Maryland--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                  Designation \a\                       Classification
            Designated area            -------------------------------------------------------------------------
                                          Date \1\            Type               Date              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Washington, DC-MD-VA:
    Charles County....................      10/6/14  Attainment
    Frederick County..................      10/6/14  Attainment
    Montgomery County.................      10/6/14  Attainment
    Prince George's County............      10/6/14  Attainment
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *

0
11. In Sec.  81.347, the table for Virginia--1997 Annual 
PM2.5 NAAQS [Primary and secondary] is amended by removing 
footnote number 2 in the table and revising the entries for the 
Washington, DC-MD-VA Area to read as follows:


Sec.  81.347  Virginia.

* * * * *

                                        Virginia--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                  Designation \a\                       Classification
            Designated area            -------------------------------------------------------------------------
                                          Date\1\             Type               Date              Type
----------------------------------------------------------------------------------------------------------------
Washington, DC-MD-VA:
    Arlington County..................      10/6/14  Attainment
    Fairfax County....................      10/6/14  Attainment
    Loudoun County....................      10/6/14  Attainment
    Prince William County.............      10/6/14  Attainment
    Alexandria City...................      10/6/14  Attainment
    Fairfax City......................      10/6/14  Attainment
    Falls Church City.................      10/6/14  Attainment
    Manassas City.....................      10/6/14  Attainment
    Manassas Park City................      10/6/14  Attainment
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.


[[Page 60087]]

* * * * *
[FR Doc. 2014-23624 Filed 10-3-14; 8:45 am]
BILLING CODE 6560-50-P