Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, and Virginia; 2011 Base Year Emissions Inventories for the Washington DC-MD-VA Nonattainment Area for the 2008 Ozone National Ambient Air Quality Standard, 27255-27259 [2015-11562]

Download as PDF 27255 Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations EPA APPROVED REGULATIONS IN THE TEXAS SIP State citation State approval/ submittal date Title/subject * * * * EPA approval date * * Explanation * Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds * * * * * * * * * Subchapter F—Miscellaneous Industrial Sources * * * * * Division 3: Degassing of Storage Tanks, Transport Vessels, and Marine Vessels Section 115.540 ............. Applicability and Definitions ................................ 1/26/2011 Section 115.541 ............. Emission Specifications ...................................... 1/26/2011 Section 115.542 ............. Control Requirements ......................................... 1/26/2011 Section 115.543 ............. Alternate control Requirements .......................... 1/26/2011 Section 115.544 ............. 1/26/2011 Section 115.545 ............. Inspection, Monitoring, and Testing Requirements. Approved Test Methods ..................................... Section 115.546 ............. Recordkeeping and Notification Requirements .. 1/26/2011 Section 115.547 ............. Exemptions ......................................................... 1/26/2011 Section 115.549 ............. Compliance Schedules ....................................... 1/26/2011 * * * * * * * * [FR Doc. 2015–11451 Filed 5–12–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2014–0759; FRL–9927–70– Region 3] asabaliauskas on DSK5VPTVN1PROD with RULES Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, and Virginia; 2011 Base Year Emissions Inventories for the Washington DC-MD-VA Nonattainment Area for the 2008 Ozone National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve the 2011 base year emissions inventories submitted by the District of Columbia, State of Maryland, SUMMARY: VerDate Sep<11>2014 15:51 May 12, 2015 Jkt 235001 5/13/15 [Insert Federal Register citation]. 5/13/15 [Insert Federal Register citation]. 5/13/15 [Insert Federal Register citation]. 5/13/15 [Insert Federal Register citation]. 5/13/15 [Insert Federal Register citation]. 5/13/15 [Insert Federal Register citation]. 5/13/15 [Insert Federal Register citation]. 5/13/15 [Insert Federal Register citation]. 5/13/15 [Insert Federal Register citation]. 1/26/2011 * * and Commonwealth of Virginia (collectively, the States) for the 2008 8hour ozone national ambient air quality standard (NAAQS). The emissions inventories were submitted to meet nonattainment requirements related to the Washington, DC-MD-VA nonattainment area (the DC Area or Area) for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year emissions inventory for the 2008 8-hour ozone NAAQS for the DC Area in accordance with the requirements of the Clean Air Act (CAA). This rule is effective on July 13, 2015 without further notice, unless EPA receives adverse written comment by June 12, 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. DATES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2014–0759 by one of the following methods: ADDRESSES: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 * * A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2014–0759, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2014– 0759. 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. E:\FR\FM\13MYR1.SGM 13MYR1 asabaliauskas on DSK5VPTVN1PROD with RULES 27256 Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations 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 submittals are available at the District of Columbia Department of the Environment, Air Quality Division, 1200 1st Street NE., 5th floor, Washington, DC 20002; the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230; and the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814–2308, or by email at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: I. Background II. Summary of SIP Revision III. Final Action IV. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia VerDate Sep<11>2014 15:51 May 12, 2015 Jkt 235001 V. Statutory and Executive Order Reviews II. Summary of SIP Revision I. Background On July 17, 2014, the District of Columbia Department of the Environment (DDOE) and the Virginia Department of Environmental Quality (VADEQ) submitted their 2011 base year inventories, and on August 4, 2014, the Maryland Department of the Environment (MDE) submitted its base year inventory. The 2011 base year inventories include emissions estimates that cover the general source categories of stationary point sources, stationary nonpoint sources, nonroad mobile sources and onroad mobile sources. The pollutants that comprise the inventory are NOX and VOCs. The CAA section 172(c)(3) emissions inventory is developed by the incorporation of data from multiple sources. States were required to develop and submit to EPA a triennial emissions inventory according to the Consolidated Emissions Reporting Rule (CERR) for all source categories (i.e., point, nonpoint, nonroad mobile, and on-road mobile). The States developed the point source emissions inventory using actual emissions directly reported by electric generating unit (EGU) and non-EGU sources in the Area. For nonpoint source emissions, emissions were estimated by multiplying an emission factor by a known indicator of activity for each source category in the county (or county-equivalent). Nonroad mobile source emissions were determined using the EPA’s NONROAD2008 model. Onroad mobile source emissions were developed using the EPA’s highway mobile source emissions model MOVES 2010a. More information regarding the review of the base year inventory can be found in the technical support document (TSD) that is located in the docket for this rulemaking action. Ground-level ozone is formed when nitrogen oxides (NOX) and volatile organic compounds (VOC) react in the presence of sunlight. Referred to as ozone precursors, these two pollutants are emitted by many types of pollution sources, including on- and off-road motor vehicles and engines, power plants and industrial facilities, and areawide sources, such as consumer products and lawn and garden equipment. Scientific evidence indicates that adverse public health effects occur following a person’s exposure to ozone, particularly children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases. As a consequence of this scientific evidence, EPA promulgated the 0.12 part per million (ppm) 1-hour ozone National Ambient Air Quality Standard. See 44 FR 8202 (February 8, 1979). On July 18, 1997 (62 FR 38855), EPA promulgated a revised ozone NAAQS of 0.08 ppm, averaged over eight hours. This standard was determined to be more protective of public health than the previous 1979 1-hour ozone standard. On April 30, 2004 (69 FR 23858), EPA designated areas as attaining or not attaining the 1997 8hour ozone NAAQS and classified the DC Area as a moderate nonattainment area with an applicable attainment date of June 15, 2010. EPA approved the States’ submittals pertaining to reasonable further progress (RFP), RFP contingency measures, and Reasonably Available Control Measures (RACM), along with the Washington Area’s 2002 base year inventory and 2008 transportation conformity motor vehicle emissions budgets (MVEBs) on September 20, 2011 (76 FR 58116). On February 28, 2012 (77 FR 11739), EPA determined that the DC Area had attained by its applicable attainment date. Subsequently, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008). On May 21, 2012 (77 FR 30088), the DC Area was designated marginal for the more stringent 8-hour ozone standard. As a marginal nonattainment area, the DC Area is required under section 172(c)(3) of the CAA to submit a comprehensive, accurate, and current inventory of actual emissions from all sources of the relevant pollutant or pollutants in the Area. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 III. Final Action Pursuant to section 172(c) of the CAA, EPA is approving the 2011 base year emissions inventories submitted by the District of Columbia, Maryland, and Virginia for the 2008 8-hour ozone NAAQS as revisions to the States’ respective SIPs. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ‘‘Proposed Rules’’ section of today’s Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revisions if adverse comments are filed. This rule will be effective on July 13, 2015 without further notice unless EPA receives adverse comment by June 12, 2015. If EPA receives adverse comment, EPA E:\FR\FM\13MYR1.SGM 13MYR1 Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations asabaliauskas on DSK5VPTVN1PROD with RULES will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. IV. 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 § 10.1–1198, therefore, documents or other information needed for civil or criminal enforcement under one of these VerDate Sep<11>2014 15:51 May 12, 2015 Jkt 235001 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. V. 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 27257 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 E:\FR\FM\13MYR1.SGM 13MYR1 27258 Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations 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 July 13, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action approving the 2011 emissions inventories for the states that comprise the Washington, DC Nonattainment Area for the 2008 ozone NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Dated: May 4, 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 an entry at the end of the table to read as follows: ■ Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. § 52.470 * Identification of plan. * * (e) * * * * * Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date * * 2011 Base Year Emissions Inventory for the 2008 8-hour ozone standard. * * District of Columbia portion of the Washington, DC-MD-VA 2008 ozone nonattainment area. * 7/17/14 * 5/13/15 [Insert Federal Register citation]. 3. Section 52.474 is amended by adding paragraph (f) to read as follows: ■ § 52.474 Base Year Emissions Inventory. * * * * * (f) EPA approves as a revision to the District of Columbia State Implementation Plan the 2011 base year emissions inventory for the District of Columbia portion of the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted by the District Department of the Environment on July 17, 2014. The 2011 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX) and volatile organic compounds (VOC). Applicable geographic area * * 2011 Base Year Emissions Inventory for the 2008 8-hour Ozone standard. * * Maryland portion of the Washington, DCMD-VA 2008 ozone nonattainment area. 5. Section 52.1075 is amended by adding paragraph (o) to read as follows: ■ § 52.1075 Base year emissions inventory. asabaliauskas on DSK5VPTVN1PROD with RULES * * * * * (o) EPA approves as a revision to the Maryland State Implementation Plan the 2011 base year emissions inventory for the Maryland portion of the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted by VerDate Sep<11>2014 15:51 May 12, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 4. In § 52.1070, the table in paragraph (e) is amended by adding an entry at the end of the table to read as follows: ■ § 52.1070 * Identification of plan. * * (e) * * * * * 8/4/14 EPA approval date Additional explanation * 5/13/15 [Insert Federal Register citation]. * the Maryland Department of Environment on August 4, 2014. The 2011 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX) and volatile organic compounds (VOC). * § 52.474(f). Subpart V—Maryland State submittal date Name of non-regulatory SIP revision Additional explanation * § 52.1075(o). Subpart VV—Virginia 6. In § 52.2420, the table in paragraph (e) is amended by adding an entry at the end of the table to read as follows: ■ § 52.2420 * Identification of plan. * * (e) * * * E:\FR\FM\13MYR1.SGM 13MYR1 * * Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations 27259 Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation * * 2011 Base Year Emissions Inventory for the 2008 8-hour ozone standard. * * Virginia portion of the Washington, DCMD-VA 2008 ozone nonattainment area. * 7/17/14 * 5/13/15 [Insert Federal Register citation]. * § 52.2425(g) 7. Section 52.2425 is amended by adding paragraph (g) to read as follows: ■ § 52.2425 Base Year Emissions Inventory. * * * * * (g) EPA approves as a revision to the Virginia State Implementation Plan the 2011 base year emissions inventory for the Virginia portion of the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted by the Virginia Department of Environmental Quality on July 17, 2014. The 2011 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX) and volatile organic compounds (VOC). [FR Doc. 2015–11562 Filed 5–12–15; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Parts 300–3, 301–10, and 301– 70 [FTR Amendment 2015–03, FTR Case 2014– 302; Docket 2014–0014, Sequence 1] RIN 3090–AJ48 Federal Travel Regulation; Enhancement of Privately Owned Vehicle and Rental Vehicle Policy Office of Government-wide Policy (OGP), General Services Administration (GSA). ACTION: Final rule. AGENCY: GSA is amending the Federal Travel Regulation (FTR) by requiring agencies to have an internal policy for determining whether to authorize a privately owned vehicle (POV), as opposed to a rental car, in conjunction with temporary duty travel (TDY). Further, this rule specifies that travelers, who have been authorized to travel via common carrier or rental car, and choose to use a POV instead, will be reimbursed at the applicable POV mileage rate. Additionally, this rule adds specific provisions addressing the asabaliauskas on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 15:51 May 12, 2015 Jkt 235001 type of rental vehicles travelers must use, pre-paid refueling options, and other rental car surcharges. Finally, this rule makes certain miscellaneous corrections, where applicable. DATES: Effective Date: May 13, 2015. For clarification of content, contact Mr. Cy Greenidge, Program Analyst, Office of Government-wide Policy, at 202–219– 2349. Contact the Regulatory Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405, 202–501–4755, for information pertaining to status or publication schedules. Please cite FTR Amendment 2015–03; FTR case 2014– 302. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: A. Background GSA published a proposed rule in the Federal Register on October 20, 2014 (79 FR 62588). That rule proposed amending the FTR to require that agencies have an internal policy for determining when to authorize a POV, as opposed to a rental car, in conjunction with TDY. Additionally, the rule proposed to amend the FTR to state that travelers who have been authorized by their agencies to travel via common carrier or rental car, and choose to use a POV instead, would be reimbursed at the applicable POV mileage rate up to the constructive cost of the authorized mode of transportation plus per diem. Further, the rule proposed amending the FTR to state that travelers who are authorized to use a rental car in conjunction with TDY must use the least expensive compact car available; addressed reimbursement pertaining to pre-paid refueling options for rental cars; denied reimbursement of surcharges involved when rental car companies purchase miles from airlines and provide those miles to their vehicle customers; and proposed to amend the FTR to make certain miscellaneous corrections, where applicable. The public had 60 calendar days to comment on the proposed rule. GSA received a total of seven comments from three commenters, and made changes to the substance of this final rule, although changes are not considered to be significant. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 B. Analysis of Public Comments Comment: One respondent expressed concern that changing the term ‘‘government-furnished automobile’’ to ‘‘government-owned automobile (GOA)’’ would generate uncertainty as to how travelers should account for vehicles leased by the Federal Government. Response: GSA agreed with these concerns and will amend the FTR to more consistently use the term ‘‘government-furnished automobile.’’ GSA is amending the current definition, however, as it pertains to use of the term ‘‘GSA Fleet’’ and the 120-day rental period to be consistent with the Federal Management Regulation. Comment: One respondent stated that requiring a medical professional to recommend a suitable vehicle class is not feasible, since busy or indifferent medical authorities will merely sign statements prepared by travelers. Response: We agreed that requiring a medical professional to recommend a suitable vehicle class is not feasible, and therefore, have removed this language from the final rule. Comment: One respondent recommended an additional exception (§ 301–10.450(c)(6)) permitting the use of a non-compact car for safety reasons due to severe weather or terrain. Response: We agreed with this recommendation and have added this language to the final rule. Comment: One respondent stated that requiring an annual written statement from a medical authority (§ 301– 10.450(c)(1)(i)) is unduly complex and contrary to existing law and regulation. Response: Since the requirement for an annual written statement from a medical authority is stipulated in § 301– 10.123(a)(2) when requesting the use of other than coach class accommodations, we believe this same requirement should apply when requesting the use of other than a compact car. Proposed language will not change. Comment: One respondent stated that changing travel policy to not reimburse fees associated with rental car loyalty points will increase the chance of improper payments for such small dollar amounts and will slow down the voucher review process. The respondent recommended changing rental car agreements to prohibit charging such E:\FR\FM\13MYR1.SGM 13MYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Rules and Regulations]
[Pages 27255-27259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11562]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0759; FRL-9927-70-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia, Maryland, and Virginia; 2011 Base Year Emissions
Inventories for the Washington DC-MD-VA Nonattainment Area for the 2008
Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the 2011 base year emissions inventories
submitted by the District of Columbia, State of Maryland, and
Commonwealth of Virginia (collectively, the States) for the 2008 8-hour
ozone national ambient air quality standard (NAAQS). The emissions
inventories were submitted to meet nonattainment requirements related
to the Washington, DC-MD-VA nonattainment area (the DC Area or Area)
for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year
emissions inventory for the 2008 8-hour ozone NAAQS for the DC Area in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on July 13, 2015 without further notice,
unless EPA receives adverse written comment by June 12, 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-2014-0759 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2014-0759, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0759. 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.

[[Page 27256]]

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
submittals are available at the District of Columbia Department of the
Environment, Air Quality Division, 1200 1st Street NE., 5th floor,
Washington, DC 20002; the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230; and the
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
email at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
V. Statutory and Executive Order Reviews

I. Background

Ground-level ozone is formed when nitrogen oxides (NOX)
and volatile organic compounds (VOC) react in the presence of sunlight.
Referred to as ozone precursors, these two pollutants are emitted by
many types of pollution sources, including on- and off-road motor
vehicles and engines, power plants and industrial facilities, and area-
wide sources, such as consumer products and lawn and garden equipment.
Scientific evidence indicates that adverse public health effects occur
following a person's exposure to ozone, particularly children and
adults with lung disease. Breathing air containing ozone can reduce
lung function and inflame airways, which can increase respiratory
symptoms and aggravate asthma or other lung diseases. As a consequence
of this scientific evidence, EPA promulgated the 0.12 part per million
(ppm) 1-hour ozone National Ambient Air Quality Standard. See 44 FR
8202 (February 8, 1979).
On July 18, 1997 (62 FR 38855), EPA promulgated a revised ozone
NAAQS of 0.08 ppm, averaged over eight hours. This standard was
determined to be more protective of public health than the previous
1979 1-hour ozone standard. On April 30, 2004 (69 FR 23858), EPA
designated areas as attaining or not attaining the 1997 8-hour ozone
NAAQS and classified the DC Area as a moderate nonattainment area with
an applicable attainment date of June 15, 2010. EPA approved the
States' submittals pertaining to reasonable further progress (RFP), RFP
contingency measures, and Reasonably Available Control Measures (RACM),
along with the Washington Area's 2002 base year inventory and 2008
transportation conformity motor vehicle emissions budgets (MVEBs) on
September 20, 2011 (76 FR 58116). On February 28, 2012 (77 FR 11739),
EPA determined that the DC Area had attained by its applicable
attainment date.
Subsequently, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075
ppm. See 73 FR 16436 (March 27, 2008). On May 21, 2012 (77 FR 30088),
the DC Area was designated marginal for the more stringent 8-hour ozone
standard. As a marginal nonattainment area, the DC Area is required
under section 172(c)(3) of the CAA to submit a comprehensive, accurate,
and current inventory of actual emissions from all sources of the
relevant pollutant or pollutants in the Area.

II. Summary of SIP Revision

On July 17, 2014, the District of Columbia Department of the
Environment (DDOE) and the Virginia Department of Environmental Quality
(VADEQ) submitted their 2011 base year inventories, and on August 4,
2014, the Maryland Department of the Environment (MDE) submitted its
base year inventory. The 2011 base year inventories include emissions
estimates that cover the general source categories of stationary point
sources, stationary nonpoint sources, nonroad mobile sources and onroad
mobile sources. The pollutants that comprise the inventory are
NOX and VOCs.
The CAA section 172(c)(3) emissions inventory is developed by the
incorporation of data from multiple sources. States were required to
develop and submit to EPA a triennial emissions inventory according to
the Consolidated Emissions Reporting Rule (CERR) for all source
categories (i.e., point, nonpoint, nonroad mobile, and on-road mobile).
The States developed the point source emissions inventory using actual
emissions directly reported by electric generating unit (EGU) and non-
EGU sources in the Area. For nonpoint source emissions, emissions were
estimated by multiplying an emission factor by a known indicator of
activity for each source category in the county (or county-equivalent).
Nonroad mobile source emissions were determined using the EPA's
NONROAD2008 model. Onroad mobile source emissions were developed using
the EPA's highway mobile source emissions model MOVES 2010a. More
information regarding the review of the base year inventory can be
found in the technical support document (TSD) that is located in the
docket for this rulemaking action.

III. Final Action

Pursuant to section 172(c) of the CAA, EPA is approving the 2011
base year emissions inventories submitted by the District of Columbia,
Maryland, and Virginia for the 2008 8-hour ozone NAAQS as revisions to
the States' respective SIPs. EPA is publishing this rule without prior
proposal because EPA views this as a noncontroversial amendment and
anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revisions
if adverse comments are filed. This rule will be effective on July 13,
2015 without further notice unless EPA receives adverse comment by June
12, 2015. If EPA receives adverse comment, EPA

[[Page 27257]]

will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

IV. 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.

V. Statutory and Executive Order Reviews

A. General Requirements

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it

[[Page 27258]]

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 July 13, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action approving the 2011 emissions inventories
for the states that comprise the Washington, DC Nonattainment Area for
the 2008 ozone NAAQS 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, Volatile organic compounds.

Dated: May 4, 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 an
entry at the end of the table to read as follows:

Sec. 52.470 Identification of plan.

* * * * *
(e) * * *

----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State submittal Additional
revision area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
2011 Base Year Emissions District of Columbia 7/17/14 5/13/15 [Insert Sec. 52.474(f).
Inventory for the 2008 8-hour portion of the Federal Register
ozone standard. Washington, DC-MD-VA citation].
2008 ozone
nonattainment area.
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.474 is amended by adding paragraph (f) to read as
follows:

Sec. 52.474 Base Year Emissions Inventory.

* * * * *
(f) EPA approves as a revision to the District of Columbia State
Implementation Plan the 2011 base year emissions inventory for the
District of Columbia portion of the Washington, DC-MD-VA 2008 8-hour
ozone nonattainment area submitted by the District Department of the
Environment on July 17, 2014. The 2011 base year emissions inventory
includes emissions estimates that cover the general source categories
of point sources, non-road mobile sources, area sources, on-road mobile
sources, and biogenic sources. The pollutants that comprise the
inventory are nitrogen oxides (NOX) and volatile organic
compounds (VOC).

Subpart V--Maryland

0
4. In Sec. 52.1070, the table in paragraph (e) is amended by adding an
entry at the end of the table to read as follows:

Sec. 52.1070 Identification of plan.

* * * * *
(e) * * *

* * * * * * *
2011 Base Year Emissions Maryland portion of 8/4/14 5/13/15 [Insert Sec. 52.1075(o).
Inventory for the 2008 8-hour the Washington, DC-MD- Federal Register
Ozone standard. VA 2008 ozone citation].
nonattainment area.
----------------------------------------------------------------------------------------------------------------

0
5. Section 52.1075 is amended by adding paragraph (o) to read as
follows:

Sec. 52.1075 Base year emissions inventory.

* * * * *
(o) EPA approves as a revision to the Maryland State Implementation
Plan the 2011 base year emissions inventory for the Maryland portion of
the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted
by the Maryland Department of Environment on August 4, 2014. The 2011
base year emissions inventory includes emissions estimates that cover
the general source categories of point sources, non-road mobile
sources, area sources, on-road mobile sources, and biogenic sources.
The pollutants that comprise the inventory are nitrogen oxides
(NOX) and volatile organic compounds (VOC).

Subpart VV--Virginia

0
6. In Sec. 52.2420, the table in paragraph (e) is amended by adding an
entry at the end of the table to read as follows:

Sec. 52.2420 Identification of plan.

* * * * *
(e) * * *

[[Page 27259]]

* * * * * * *
2011 Base Year Emissions Virginia portion of 7/17/14 5/13/15 [Insert Sec. 52.2425(g)
Inventory for the 2008 8-hour the Washington, DC-MD- Federal Register
ozone standard. VA 2008 ozone citation].
nonattainment area.
----------------------------------------------------------------------------------------------------------------

0
7. Section 52.2425 is amended by adding paragraph (g) to read as
follows:

Sec. 52.2425 Base Year Emissions Inventory.

* * * * *
(g) EPA approves as a revision to the Virginia State Implementation
Plan the 2011 base year emissions inventory for the Virginia portion of
the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted
by the Virginia Department of Environmental Quality on July 17, 2014.
The 2011 base year emissions inventory includes emissions estimates
that cover the general source categories of point sources, non-road
mobile sources, area sources, on-road mobile sources, and biogenic
sources. The pollutants that comprise the inventory are nitrogen oxides
(NOX) and volatile organic compounds (VOC).

[FR Doc. 2015-11562 Filed 5-12-15; 8:45 am]
BILLING CODE 6560-50-P

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