Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure Requirements for the 2008 Ozone, 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air Quality Standards; Approval of Air Pollution Emergency Episode Plan, 19538-19541 [2015-08182]
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Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations
Catalog of Federal Domestic Assistance
Numbers
The Catalog of Federal Domestic
Assistance program number and title for
this rule are 64.201, National
Cemeteries.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. Jose
D. Riojas, Chief of Staff, approved this
document on April 7, 2015, for
publication.
List of Subjects in 38 CFR Part 38
Administrative practice and
procedure, Cemeteries, Veterans.
Dated April 8, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy
& Management, Office of the General Counsel,
U.S. Department of Veterans Affairs.
For the reasons stated in the
preamble, the Department of Veterans
Affairs amends 38 CFR part 38 as set
forth below:
PART 38—NATIONAL CEMETERIES
OF THE DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 38
continues to read as follows:
■
Authority: 38 U.S.C. 107, 501, 512, 2306,
2402, 2403, 2404, 2408, 2411, 7105.
■
2. Add § 38.628 to read as follows:
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§ 38.628. Reimbursement for caskets and
urns for unclaimed remains of veterans.
(a) VA will reimburse any individual
or entity for the actual cost of a casket
or an urn, purchased by the individual
or entity for the burial in a national
cemetery of an eligible veteran who died
on or after January 10, 2014, for whom
VA:
(1) Is unable to identify the veteran’s
next-of-kin; and
(2) Determines that sufficient
resources are otherwise unavailable to
furnish the casket or urn.
(b) For purposes of satisfying the
requirements of paragraph (a) of this
section, VA will rely entirely on the
requesting individual’s or entity’s
certification as required under
paragraphs (c)(2) and (3) of this section.
(c) An individual or entity may
request reimbursement from VA under
paragraph (a) of this section by
completing and submitting VA Form
40–10088, and supporting
documentation, in accordance with the
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instructions on the form. Prior to
approving reimbursement VA must find
all of the following:
(1) The veteran is eligible for burial in
a VA national cemetery;
(2) The individual or entity has
certified that they cannot identify the
veteran’s next-of-kin, or that an
identified next-of-kin is unwilling or
unable to assume responsibility for the
deceased veteran’s burial arrangements,
and that the individual or entity has
followed applicable state or local law
relating to the disposition of unclaimed
remains;
(3) The individual or entity has
certified that, to the best of their
knowledge, sufficient resources are
otherwise unavailable to furnish the
casket or urn;
(4) The invoice presented by the
individual or entity clearly indicates the
purchase price of the casket or urn
purchased by the individual or entity;
and
(5) The invoice presented by the
individual or entity contains
information sufficient for VA to
determine, in conjunction with a visual
inspection, that the casket or urn meets
the following standards:
(i) Caskets must be of metal
construction of at least 20-gauge
thickness, designed for containing
human remains, sufficient to contain the
remains of the deceased veteran,
include a gasketed seal, and include
external fixed rails or swing arm
handles.
(ii) Urns must be of a durable
construction, such as durable plastic,
wood, metal, or ceramic, designed to
contain cremated human remains, and
include a secure closure to contain the
cremated remains.
(d) Reimbursement for a claim
received in any calendar year under
paragraph (a) of this section will not
exceed the average cost of a 20-gauge
metal casket or a durable plastic urn
during the fiscal year preceding the
calendar year of the claim, as
determined by VA and published
annually in the Federal Register.
(e) If, before July 2, 2014, an
individual or entity purchased a casket
or urn for burial in a VA national
cemetery of the remains of a veteran
who died after January 10, 2014, and the
burial receptacle is not at least a 20gauge metal casket or a durable plastic
urn, VA will reimburse the purchase
price of the burial receptacle, providing
all other criteria in this regulation are
met. The reimbursement amount will be
subject to the maximum reimbursement
amount calculated for 2015.
(Authority: 38 U.S.C. 2306, 2402, 2411)
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(The Office of Management and Budget
has approved the information collection
requirements under this section under
control number 2900–0799.)
[FR Doc. 2015–08388 Filed 4–10–15; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0701; FRL–9925–93–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Infrastructure
Requirements for the 2008 Ozone, 2010
Nitrogen Dioxide, and 2010 Sulfur
Dioxide National Ambient Air Quality
Standards; Approval of Air Pollution
Emergency Episode Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
three State Implementation Plan (SIP)
revision submittals from the District of
Columbia (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 standards. These elements are
referred to as infrastructure
requirements. The District has made
three separate submittals addressing the
infrastructure requirements for the 2008
ozone NAAQS, the 2010 nitrogen
dioxide (NO2) NAAQS, and the 2010
sulfur dioxide (SO2) NAAQS. One of the
submittals also includes the ‘‘Revised
Air Quality Emergency Plan for the
District of Columbia’’ for satisfying
EPA’s requirements for air quality
emergency episodes.
DATES: This final rule is effective on
May 13, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0701. 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
SUMMARY:
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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 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:
I. Background
On January 21, 2014 (80 FR 2865),
EPA published a notice of proposed
rulemaking (NPR) for the District. In the
NPR, EPA proposed approval of
portions of the District’s three
infrastructure SIP submissions
addressing the requirements of section
110(a)(2) of the CAA for the 2008 ozone
NAAQS, the 2010 NO2 NAAQS, and the
2010 SO2 NAAQS. The NPR also
proposed approval of the District’s Air
Quality Emergency Plan to meet EPA’s
requirements for air pollution
prevention contingency plans in 40 CFR
part 51, subpart H and section
110(a)(2)(G) of the CAA.
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II. Summary of SIP Revision
The District, through the District
Department of the Environment (DDOE),
submitted three separate revisions to its
SIP to satisfy the requirements of
section 110(a)(2) of the CAA for the
different NAAQS. On June 6, 2014,
DDOE submitted a SIP revision
addressing the infrastructure
requirements for the 2010 NO2 NAAQS.
On June 13, 2014, DDOE submitted an
infrastructure SIP revision for the 2008
ozone NAAQS. On July 17, 2014, DDOE
submitted an infrastructure SIP revision
for the 2010 SO2 NAAQS. Each of the
infrastructure SIP revisions addressed
the following infrastructure elements for
the applicable NAAQS: Section
110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M) of the CAA. The infrastructure SIP
submittals do not address section
110(a)(2)(I) which pertains to the
nonattainment requirements of part D,
Title I of the CAA, because this element
is not required to be submitted by the
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3-year submission deadline of CAA
section 110(a)(1) and will be addressed
in a separate process, if necessary.
As discussed in the NPR, EPA will
take separate action on the portions of
the three infrastructure submittals
addressing section 110(a)(2)(D)(i)(I)
requiring the SIP to address emissions
from sources which significantly
contribute to nonattainment or
interference with maintenance of the
NAAQS (also referred to as transport) in
another state. In addition, EPA is not
required to take rulemaking action on
the PSD-related portions of section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for
the District’s infrastructure SIP
submittals, as EPA found these portions
of each of the infrastructure SIP
submittals technically incomplete,
because the District has not adequately
addressed the SIP requirements of part
C of Title I of the CAA for having a SIPapproved PSD program.1 However, EPA
recognizes that the District is already
subject to a Federal Implementation
Plan (FIP) containing the Federal PSD
program that addresses the relevant SIP
requirements.2 EPA does not anticipate
any adverse consequences to DDOE
from these incompleteness findings. In
addition, EPA is not subject to any
further FIP duties from these
incompleteness findings because a FIP
has already been issued to address this
SIP deficiency.
In addition, the June 13, 2014 SIP
submittal included the ‘‘Revised Air
Quality Emergency Plan for the District
of Columbia’’ to satisfy the requirements
for preventing air pollution emergency
episodes in 40 CFR part 51, subpart H
for all applicable pollutants (i.e., those
for which the District is classified as a
Priority I region under 40 CFR 52.471,
including particulate matter, sulfur
oxides (SOX), carbon monoxide (CO),
and ozone), as well as section
110(a)(2)(G) of the CAA for the three
subject NAAQS.
EPA’s rationale for taking this
rulemaking action, including the scope
of infrastructure SIPs in general, is
explained in the NPR and the technical
support document (TSD) accompanying
the NPR and will not be restated here.
The TSD for this rulemaking is available
at www.regulations.gov, Docket number
EPA–R03–OAR–2014–0701. No public
comments were received on the NPR.
1 EPA sent letters to DDOE in July 21, 2014 and
November 4, 2014 notifying the District of these
determinations for each of the applicable NAAQS.
Copies of these letters are included in the docket
for this rulemaking action.
2 At present, the PSD FIP, incorporated by
reference in the District SIP in 40 CFR 52.499,
specifically contains the provisions of 40 CFR
52.21, with the exception of paragraph (a)(1).
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III. Final Action
EPA is approving the District’s
infrastructure submittals dated June 6,
2014, June 13, 2014, and July 17, 2014
for the 2010 NO2 NAAQS, the 2008
ozone NAAQS, and the 2010 SO2
NAAQS, respectively, as meeting the
following requirements of section
110(a)(2) of the CAA for the three
relevant NAAQS: 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). EPA will take later separate
action on the portions of each of the
submittals addressing section
110(a)(2)(D)(i)(I), pertaining to transport.
EPA is also approving as a SIP revision
the ‘‘Revised Air Quality Emergency
Plan for the District of Columbia,’’
submitted on June 13, 2014, as it
satisfies the requirements of 40 CFR part
51, subpart H for all applicable
pollutants and section 110(a)(2)(G) of
the CAA for the 2008 ozone NAAQS,
the 2010 NO2 NAAQS, and the 2010
SO2 NAAQS.
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
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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 June 12, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action,
pertaining to the District of Columbia’s
section 110(a)(2) infrastructure
requirements for the 2008 ozone, the
2010 NO2, and the 2010 SO2 NAAQS
and to the District of Columbia’s
contingency plan for the prevention of
air pollution episodes, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2015.
William 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. In § 52.470, the table in paragraph
(e) is amended by adding the following
four entries at the end of the table:
■ a. ‘‘Section 110(a)(2) Infrastructure
Requirements for the 2010 NO2
NAAQS’’;
■ b. ‘‘Section 110(a)(2) Infrastructure
Requirements for the 2008 Ozone
NAAQS’’;
■ c. ‘‘Section 110(a)(2) Infrastructure
Requirements for the 2010 SO2
NAAQS’’; and
■ d. ‘‘Emergency Air Pollution Plan’’.
The additions read as follows:
■
List of Subjects in 40 CFR Part 52
§ 52.470
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(e) * * *
*
*
Applicable geographic area
State submittal
date
EPA approval date
Additional explanation
*
*
Section 110(a)(2) Infrastructure Requirements for the 2010 NO2 NAAQS.
*
Statewide ...............
*
*
4/13/15 [Insert Federal Register
Citation].
Section 110(a)(2) Infrastructure Requirements for the 2008 Ozone NAAQS.
Statewide ...............
6/13/14
4/13/15 [Insert Federal Register
Citation].
Section 110(a)(2) Infrastructure Requirements for the 2010 SO2 NAAQS.
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Name of non-regulatory SIP revision
Statewide ...............
7/17/14
4/13/15 [Insert Federal Register
Citation].
Emergency Air Pollution Plan .................
Statewide ...............
6/13/14
4/13/15 [Insert Federal Register
Citation].
*
*
This action addresses the following
CAA elements: 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). PSD related portions are addressed by FIP in 40
CFR 52.499.
This action addresses the following
CAA elements: 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). PSD related portions are addressed by FIP in 40
CFR 52.499.
This action addresses the following
CAA elements: 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). PSD related portions are addressed by FIP in 40
CFR 52.499.
This action addresses the requirements
of 40 CFR 51, subpart H for particulate matter, sulfur oxides (SOX), carbon monoxide (CO), and ozone, as
well as section 110(a)(2)(G) of the
CAA for the 2008 ozone, 2010 SO2,
and 2010 NO2 NAAQS.
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[FR Doc. 2015–08182 Filed 4–10–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0593; FRL–9925–96–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Virginia—Prevention of Significant
Deterioration; Amendment to the
Definition of ‘‘Regulated NSR
Pollutant’’ Concerning Condensable
Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a July 25, 2013 State
Implementation Plan (SIP) revision
submitted by the Virginia Department of
Environmental Quality (VADEQ) for the
Commonwealth of Virginia. The
revision includes a correction to the
definition of ‘‘regulated NSR [New
Source Review] pollutant’’ as it relates
to condensable particulate matter under
Virginia’s Prevention of Significant
Deterioration (PSD) program. The
revision also includes the correction of
a minor typographical error. EPA is
approving these revisions to the Virginia
SIP in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This rule is effective on June 12,
2015 without further notice, unless EPA
receives adverse written comment by
May 13, 2015. 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–2013–0593 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: campbell.dave@epa.gov.
C. Mail: EPA–R03–OAR–2013–0593,
David Campbell, Associate Director,
Office of Permits and Air Toxics,
Mailcode 3AP10, 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
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SUMMARY:
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special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2013–
0593. 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 Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
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19541
I. Background
On July 25, 2013, VADEQ submitted
a formal revision to the Virginia SIP.
The SIP revision consists of an
amendment to the definition of
‘‘regulated NSR pollutant’’ for VADEQ’s
PSD program under Article 8 of Chapter
80 of the Virginia Administrative Code
(VAC), as well as a correction of a minor
typographical error. The definition
revision pertains to the regulation of
particulate matter, specifically, gases
that condense to form particles
(condensables).
‘‘Particulate matter’’ (PM) is a term
used to define an air pollutant that
consists of a mixture of solid particles
and liquid droplets found in the
ambient air. PM occurs in many sizes
and shapes and can be made up of
hundreds of different chemicals. As
explained further in the discussion that
follows, EPA has regulated several size
ranges of particles under the CAA,
referred to as indicators of particles,
namely PM, coarse PM (PM10), and fine
PM (PM2.5).
Initially, EPA established a National
Ambient Air Quality Standard (NAAQS)
for PM on April 30, 1971, under
sections 108 and 109 of the CAA. See
36 FR 8186. Compliance with the
original PM NAAQS was based on the
measurement of particles in the ambient
air using an indicator of particles
measuring up to a nominal size of 25 to
45 micrometers (mm). EPA used the
indicator name ‘‘total suspended
particulate’’ or ‘‘TSP’’ to define the
particle size range that was being
measured. Total suspended particulate
remained the indicator for the PM
NAAQS until 1987 when EPA revised
the NAAQS in part by replacing the TSP
indicator for both the primary and
secondary standards with a new
indicator that includes only those
particles with an aerodynamic diameter
less than or equal to a nominal 10 mm
(PM10).
On July 18, 1997, the EPA made
significant revisions to the PM NAAQS
in several respects. While the EPA
determined that the PM NAAQS should
continue to focus on PM10, EPA also
determined that the fine and coarse
fractions of PM10 should be considered
separately. Accordingly, on July 18,
1997, the EPA added a new indicator for
fine particles with a nominal mean
aerodynamic diameter less than or equal
to 2.5 mm (PM2.5), and continued to use
PM10 as the indicator for purposes of
regulating the coarse fraction of PM10.
See 62 FR 38652.
On May 16, 2008, EPA finalized the
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
E:\FR\FM\13APR1.SGM
13APR1
]]>Agencies
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19538-19541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08182]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0701; FRL-9925-93-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Infrastructure Requirements for the 2008 Ozone,
2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air
Quality Standards; Approval of Air Pollution Emergency Episode Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of three State Implementation Plan (SIP) revision submittals
from the District of Columbia (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 standards. These elements are
referred to as infrastructure requirements. The District has made three
separate submittals addressing the infrastructure requirements for the
2008 ozone NAAQS, the 2010 nitrogen dioxide (NO2) NAAQS, and
the 2010 sulfur dioxide (SO2) NAAQS. One of the submittals
also includes the ``Revised Air Quality Emergency Plan for the District
of Columbia'' for satisfying EPA's requirements for air quality
emergency episodes.
DATES: This final rule is effective on May 13, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0701. 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
[[Page 19539]]
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 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:
I. Background
On January 21, 2014 (80 FR 2865), EPA published a notice of
proposed rulemaking (NPR) for the District. In the NPR, EPA proposed
approval of portions of the District's three infrastructure SIP
submissions addressing the requirements of section 110(a)(2) of the CAA
for the 2008 ozone NAAQS, the 2010 NO2 NAAQS, and the 2010
SO2 NAAQS. The NPR also proposed approval of the District's
Air Quality Emergency Plan to meet EPA's requirements for air pollution
prevention contingency plans in 40 CFR part 51, subpart H and section
110(a)(2)(G) of the CAA.
II. Summary of SIP Revision
The District, through the District Department of the Environment
(DDOE), submitted three separate revisions to its SIP to satisfy the
requirements of section 110(a)(2) of the CAA for the different NAAQS.
On June 6, 2014, DDOE submitted a SIP revision addressing the
infrastructure requirements for the 2010 NO2 NAAQS. On June
13, 2014, DDOE submitted an infrastructure SIP revision for the 2008
ozone NAAQS. On July 17, 2014, DDOE submitted an infrastructure SIP
revision for the 2010 SO2 NAAQS. Each of the infrastructure
SIP revisions addressed the following infrastructure elements for the
applicable NAAQS: Section 110(a)(2)(A), (B), (C), (D)(i)(I),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the
CAA. The infrastructure SIP submittals do not address section
110(a)(2)(I) which pertains to the nonattainment requirements of part
D, Title I of the CAA, because this element is not required to be
submitted by the 3-year submission deadline of CAA section 110(a)(1)
and will be addressed in a separate process, if necessary.
As discussed in the NPR, EPA will take separate action on the
portions of the three infrastructure submittals addressing section
110(a)(2)(D)(i)(I) requiring the SIP to address emissions from sources
which significantly contribute to nonattainment or interference with
maintenance of the NAAQS (also referred to as transport) in another
state. In addition, EPA is not required to take rulemaking action on
the PSD-related portions of section 110(a)(2)(C), (D)(i)(II), (D)(ii),
and (J) for the District's infrastructure SIP submittals, as EPA found
these portions of each of the infrastructure SIP submittals technically
incomplete, because the District has not adequately addressed the SIP
requirements of part C of Title I of the CAA for having a SIP-approved
PSD program.\1\ However, EPA recognizes that the District is already
subject to a Federal Implementation Plan (FIP) containing the Federal
PSD program that addresses the relevant SIP requirements.\2\ EPA does
not anticipate any adverse consequences to DDOE from these
incompleteness findings. In addition, EPA is not subject to any further
FIP duties from these incompleteness findings because a FIP has already
been issued to address this SIP deficiency.
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\1\ EPA sent letters to DDOE in July 21, 2014 and November 4,
2014 notifying the District of these determinations for each of the
applicable NAAQS. Copies of these letters are included in the docket
for this rulemaking action.
\2\ At present, the PSD FIP, incorporated by reference in the
District SIP in 40 CFR 52.499, specifically contains the provisions
of 40 CFR 52.21, with the exception of paragraph (a)(1).
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In addition, the June 13, 2014 SIP submittal included the ``Revised
Air Quality Emergency Plan for the District of Columbia'' to satisfy
the requirements for preventing air pollution emergency episodes in 40
CFR part 51, subpart H for all applicable pollutants (i.e., those for
which the District is classified as a Priority I region under 40 CFR
52.471, including particulate matter, sulfur oxides (SOX),
carbon monoxide (CO), and ozone), as well as section 110(a)(2)(G) of
the CAA for the three subject NAAQS.
EPA's rationale for taking this rulemaking action, including the
scope of infrastructure SIPs in general, is explained in the NPR and
the technical support document (TSD) accompanying the NPR and will not
be restated here. The TSD for this rulemaking is available at
www.regulations.gov, Docket number EPA-R03-OAR-2014-0701. No public
comments were received on the NPR.
III. Final Action
EPA is approving the District's infrastructure submittals dated
June 6, 2014, June 13, 2014, and July 17, 2014 for the 2010
NO2 NAAQS, the 2008 ozone NAAQS, and the 2010 SO2
NAAQS, respectively, as meeting the following requirements of section
110(a)(2) of the CAA for the three relevant NAAQS: 110(a)(2)(A), (B),
(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
EPA will take later separate action on the portions of each of the
submittals addressing section 110(a)(2)(D)(i)(I), pertaining to
transport. EPA is also approving as a SIP revision the ``Revised Air
Quality Emergency Plan for the District of Columbia,'' submitted on
June 13, 2014, as it satisfies the requirements of 40 CFR part 51,
subpart H for all applicable pollutants and section 110(a)(2)(G) of the
CAA for the 2008 ozone NAAQS, the 2010 NO2 NAAQS, and the
2010 SO2 NAAQS.
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
[[Page 19540]]
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 June 12, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, pertaining to the District of Columbia's section
110(a)(2) infrastructure requirements for the 2008 ozone, the 2010
NO2, and the 2010 SO2 NAAQS and to the District
of Columbia's contingency plan for the prevention of air pollution
episodes, may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2015.
William 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. In Sec. 52.470, the table in paragraph (e) is amended by adding the
following four entries at the end of the table:
0
a. ``Section 110(a)(2) Infrastructure Requirements for the 2010
NO2 NAAQS'';
0
b. ``Section 110(a)(2) Infrastructure Requirements for the 2008 Ozone
NAAQS'';
0
c. ``Section 110(a)(2) Infrastructure Requirements for the 2010
SO2 NAAQS''; and
0
d. ``Emergency Air Pollution Plan''.
The additions read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State
revision geographic area submittal date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide......... 6/9/14 4/13/15 [Insert This action addresses
Infrastructure Requirements Federal Register the following CAA
for the 2010 NO2 NAAQS. Citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). PSD
related portions are
addressed by FIP in 40
CFR 52.499.
Section 110(a)(2) Statewide......... 6/13/14 4/13/15 [Insert This action addresses
Infrastructure Requirements Federal Register the following CAA
for the 2008 Ozone NAAQS. Citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). PSD
related portions are
addressed by FIP in 40
CFR 52.499.
Section 110(a)(2) Statewide......... 7/17/14 4/13/15 [Insert This action addresses
Infrastructure Requirements Federal Register the following CAA
for the 2010 SO2 NAAQS. Citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). PSD
related portions are
addressed by FIP in 40
CFR 52.499.
Emergency Air Pollution Plan... Statewide......... 6/13/14 4/13/15 [Insert This action addresses
Federal Register the requirements of 40
Citation]. CFR 51, subpart H for
particulate matter,
sulfur oxides (SOX),
carbon monoxide (CO),
and ozone, as well as
section 110(a)(2)(G)
of the CAA for the
2008 ozone, 2010 SO2,
and 2010 NO2 NAAQS.
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[[Page 19541]]
[FR Doc. 2015-08182 Filed 4-10-15; 8:45 am]
BILLING CODE 6560-50-P
