Approval of the Redesignation Request for the Washington, DC-MD-VA 2008 8-Hour Ozone National Ambient Air Quality Standard Nonattainment Area, 33855-33858 [2019-15090]
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2. Section 55.14 is amended by
revising paragraph (e)(3)(ii)(F) to read as
follows:
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§ 55.14 Requirements that apply to OCS
sources located within 25 miles of states
seaward boundaries, by State.
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(3) * * *
(ii) * * *
(F) Santa Barbara County Air
Pollution Control District Requirements
Applicable to OCS Sources, April 2019.
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■ 3. Appendix A to part 55 is amended
by revising paragraph (b)(6) under the
heading ‘‘California’’ to read as follows:
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference into Part 55, by State
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California
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(6) The following requirements are
contained in Santa Barbara County Air
Pollution Control District Requirements
Applicable to OCS Sources, April 2019:
Rule 102 Definitions (Revised 08/25/16)
Rule 103 Severability (Adopted 10/23/78)
Rule 105 Applicability (Revised 08/25/16)
Rule 107 Emergencies (Adopted 04/19/01)
Rule 201 Permits Required (Revised 06/19/
08)
Rule 202 Exemptions to Rule 201 (Revised
08/25/16)
Rule 203 Transfer (Revised 04/17/97)
Rule 204 Applications (Revised 08/25/16)
Rule 205 Standards for Granting Permits
(Revised 04/17/97)
Rule 206 Conditional Approval of
Authority to Construct or Permit to Operate
(Revised 10/15/91)
Rule 207 Denial of Application (Adopted
10/23/78)
Rule 210 Fees (Revised 03/17/05)
Rule 212 Emission Statements (Adopted 10/
20/92)
Rule 301 Circumvention (Adopted 10/23/
78)
Rule 302 Visible Emissions (Revised 6/
1981)
Rule 303 Nuisance (Adopted 10/23/78)
Rule 304 Particulate Matter-Northern Zone
(Adopted 10/23/78)
Rule 305 Particulate Matter ConcentrationSouthern Zone (Adopted 10/23/78)
Rule 306 Dust and Fumes-Northern Zone
(Adopted 10/23/78)
Rule 307 Particulate Matter Emission
Weight Rate-Southern Zone (Adopted 10/
23/78)
Rule 308 Incinerator Burning (Adopted 10/
23/78)
Rule 309 Specific Contaminants (Adopted
10/23/78)
Rule 310 Odorous Organic Sulfides
(Adopted 10/23/78)
Rule 311 Sulfur Content of Fuels (Adopted
10/23/78)
Rule 312 Open Fires (Adopted 10/02/90)
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Rule 316 Storage and Transfer of Gasoline
(Revised 01/15/09)
Rule 317 Organic Solvents (Adopted 10/23/
78)
Rule 318 Vacuum Producing Devices or
Systems-Southern Zone (Adopted 10/23/
78)
Rule 321 Solvent Cleaning Operations
(Revised 06/21/12)
Rule 322 Metal Surface Coating Thinner
and Reducer (Adopted 10/23/78)
Rule 323 Architectural Coatings (Revised
11/15/01)
Rule 323.1 Architectural Coatings (Adopted
06/19/14, Effective 01/01/15)
Rule 324 Disposal and Evaporation of
Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and
Separation (Revised 07/19/01)
Rule 326 Storage of Reactive Organic
Compound Liquids (Revised 01/18/01)
Rule 327 Organic Liquid Cargo Tank Vessel
Loading (Revised 12/16/85)
Rule 328 Continuous Emission Monitoring
(Adopted 10/23/78)
Rule 330 Surface Coating of Metal Parts and
Products (Revised 06/21/12)
Rule 331 Fugitive Emissions Inspection and
Maintenance (Revised 12/10/91)
Rule 332 Petroleum Refinery Vacuum
Producing Systems, Wastewater Separators
and Process Turnarounds (Adopted 06/11/
79)
Rule 333 Control of Emissions from
Reciprocating Internal Combustion Engines
(Adopted 06/19/08)
Rule 342 Control of Oxides of Nitrogen
(NOx) from Boilers, Steam Generators and
Process Heaters) (Revised 04/17/97)
Rule 343 Petroleum Storage Tank Degassing
(Adopted 12/14/93)
Rule 344 Petroleum Sumps, Pits, and Well
Cellars (Adopted 11/10/94)
Rule 346 Loading of Organic Liquid Cargo
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Rule 349 Polyester Resin Operations
(Revised 06/21/12)
Rule 352 Natural Gas-Fired Fan-Type
Central Furnaces and Residential Water
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Rule 353 Adhesives and Sealants (Revised
06/21/12)
Rule 359 Flares and Thermal Oxidizers
(Adopted 06/28/94)
Rule 360 Boilers, Water Heaters, and
Process Heaters (0.075–2 MMBtu/hr.)
(Revised 03/15/18)
Rule 361 Small Boilers, Steam Generators,
and Process Heaters (Adopted 01/17/08)
Rule 370 Potential to Emit—Limitations for
Part 70 Sources (Revised 01/20/11)
Rule 505 Breakdown Conditions Sections
A., B.1, and D. only (Adopted 10/23/78)
Rule 603 Emergency Episode Plans
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Rule 702 General Conformity (Adopted 10/
20/94)
Rule 801 New Source Review—Definitions
and General Requirements (Revised 08/25/
16)
Rule 802 New Source Review (Revised 08/
25/16)
Rule 804 Emission Offsets (Revised 08/25/
16)
Rule 805 Air Quality Impact Analysis,
Modeling, Monitoring, and Air Quality
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Increment Consumption (Revised 08/25/
16)
Rule 806 Emission Reduction Credits
(Revised 08/25/16)
Rule 808 New Source Review for Major
Sources of Hazardous Air Pollutants
(Adopted 05/20/99)
Rule 809 Federal Minor Source New Source
Review (Revised 08/25/16)
Rule 810 Federal Prevention of Significant
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Rule 1301 Part 70 Operating Permits—
General Information (Revised 08/25/16)
Rule 1302 Part 70 Operating Permits—
Permit Application (Adopted 11/09/93)
Rule 1303 Part 70 Operating Permits—
Permits (Revised 01/18/01)
Rule 1304 Part 70 Operating Permits—
Issuance, Renewal, Modification and
Reopening (Revised 01/18/01)
Rule 1305 Part 70 Operating Permits—
Enforcement (Adopted 11/09/93)
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[FR Doc. 2019–14985 Filed 7–15–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R03–OAR–2018–0387; FRL–9996–72–
Region 3]
Approval of the Redesignation
Request for the Washington, DC-MDVA 2008 8-Hour Ozone National
Ambient Air Quality Standard
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the request
from the District of Columbia (the
District) to redesignate to attainment
their respective portion of the
Washington, DC-MD-VA nonattainment
area (hereafter ‘‘the Washington Area’’
or ‘‘the Area’’) for the 2008 8-hour ozone
national ambient air quality standard
(NAAQS or standard) (also referred to as
the ‘‘2008 ozone NAAQS’’) as the
District’s portion of the Area meets the
statutory requirements for redesignation
under the Clean Air Act (CAA). EPA is
therefore redesignating the District of
Columbia to attainment for the 2008
ozone NAAQS in accordance with the
CAA.
SUMMARY:
This final rule is effective on
August 15, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0387. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
DATES:
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some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Sara
Calcinore, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2043.
Ms. Calcinore can also be reached via
electronic mail at calcinore.sara@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 21, 2012 and June 11, 2012,
EPA designated nonattainment areas for
the 2008 ozone NAAQS. 77 FR 30088
and 77 FR 34221. Effective July 20,
2012, the Washington Area was
designated as marginal nonattainment
for the 2008 ozone NAAQS. At the time
of its designation, the Washington Area
consisted of the Counties of Calvert,
Charles, Frederick, Montgomery, and
Prince George’s in Maryland, the
Counties of Arlington, Fairfax,
Loudoun, and Prince William and the
Cities of Alexandria, Fairfax, Falls
Church, Manassas, and Manassas Park
in Virginia, and the District of
Columbia. See 40 CFR 81.309, 81.321,
and 81.347.1
Section 107(d)(3)(E) of the CAA
allows redesignation of an area to
attainment of the NAAQS provided that:
(1) The Administrator (EPA) determines
that the area has attained the applicable
NAAQS; (2) the Administrator has fully
approved the applicable
implementation plan for the area under
section 110(k) of the CAA; (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
1 On April 15, 2019 (84 FR 15108), EPA approved
Maryland and Virginia’s requests to redesignate to
attainment their portions of the Washington Area
from marginal nonattainment to attainment of the
2008 ozone NAAQS.
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maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the State
containing the area has met all
requirements applicable to the area for
purposes of redesignation under section
110 and part D of the CAA.2
On March 12, 2018, February 5, 2018,
and January 3, 2018, the District,
Maryland, and Virginia, respectively,
formally submitted requests to
redesignate their portions of the
Washington Area from marginal
nonattainment to attainment for the
2008 ozone NAAQS. Concurrently, the
District, Maryland, and Virginia
formally submitted, as revisions to their
respective SIPs, a joint maintenance
plan for the Washington Area prepared
by the Metropolitan Washington
Council of Governments (MWCOG) that
demonstrates maintenance of the 2008
ozone NAAQS through 2030 in the
Washington Area. On April 15, 2019,
EPA approved, as revisions to the
District’s, Maryland’s, and Virginia’s
SIPs, the joint maintenance plan for the
Washington Area. 84 FR 15108. In the
April 15, 2019 action, EPA also
approved Maryland and Virginia’s
requests to redesignate to attainment
their portions of the Washington Area
from marginal nonattainment to
attainment of the 2008 ozone NAAQS.3
At the time, EPA did not approve the
District’s request to redesignate to
attainment their portion of the
Washington Area for the 2008 ozone
NAAQS.
On May 21, 2019 (84 FR 22996), EPA
published a notice of proposed
rulemaking (NPRM) for the District. In
the NPRM, EPA proposed approval of
the District’s request to redesignate to
attainment their portion of the
Washington Area, pursuant to CAA
section 107(d)(3).
2 The following EPA guidance documents are
included in the docket for this rulemaking available
online at https://www.regulations.gov, Docket ID:
EPA–R03–OAR–2018–0387: ‘‘Procedures for
Processing Requests to Redesignate Areas to
Attainment,’’ Memorandum from John Calcagni,
Director, Air Quality Management Division,
September 4, 1992 (the ‘‘Calcagni memorandum’’)
and ‘‘State Implementation Plan (SIP) requirements
for Areas Submitting Requests for Redesignation to
Attainment of the Ozone and Carbon Monoxide
(CO) National Ambient Air Quality Standards
(NAAQS) On or After November 15, 1992,’’
Memorandum from Michael H. Shapiro, Acting
Assistant Administrator for Air and Radiation,
September 17, 1993 (the ‘‘Shapiro memorandum’’).
3 EPA’s April 15, 2019 action redesignated the
following jurisdictions in Maryland and Virginia to
attainment for the 2008 ozone NAAQS: The
Counties of Calvert, Charles, Frederick,
Montgomery, and Prince George’s in Maryland as
well as the Counties of Arlington, Fairfax, Loudoun,
and Prince William and the Cities of Alexandria,
Fairfax, Falls Church, Manassas, and Manassas Park
in Virginia.
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II. Summary of SIP Revision and EPA
Analysis
EPA reviewed the District’s
redesignation request and found in the
May 21, 2019 NPRM that the District’s
portion of the Washington Area has
satisfied the CAA section 107(d)(3)(E)
requirements for redesignation for the
2008 ozone NAAQS. EPA’s rationale for
this action can be found in the May 21,
2019 NPRM. EPA received one adverse
comment regarding the proposal, and, as
discussed below, we conclude that the
air quality monitoring data supports a
finding that the Washington area is
attaining the 2008 ozone NAAQS based
on the 2015–2017 design value, and that
preliminary data from 2016–2018
further supports that conclusion.
Therefore, EPA is redesignating the
District’s portion of the Washington
Area to attainment for the 2008 ozone
NAAQS.
III. Public Comments and EPA
Response
EPA received one comment on the
May 21, 2019 NPRM. The comment and
EPA’s response are discussed below.
The comment is included in the docket
for this action, available online at
www.regulations.gov, Docket ID: EPA–
R03–OAR–2018–0387.
Comment: On June 20, 2019, EPA
received an anonymous comment on the
May 21, 2019 NPRM. The commenter
stated that EPA should not redesignate
the Washington Area because ‘‘this area
has violated the ozone NAAQS for the
2008 year based on data from the
Metropolitan Washington Council of
Governments website’’.4 The commenter
stated that based on this data, the 2008
ozone NAAQS was violated five times
in 2018 in Washington, DC. The
commenter notes that although this data
is preliminary, EPA should have access
to data that is ‘‘quality assured and
reviewed that is not yet final.’’ The
commenter requests that EPA review the
air quality data for 2018 and ensure the
‘‘air quality is clean for the 2008
standard based on the most recent
available air quality data including the
2018 year.’’
EPA Response: The commenter
misunderstands the 2018 air quality
monitoring data cited in their comment,
and how to interpret that data in the
context of whether an area is attaining
the 2008 ozone NAAQS. As discussed
in the May 21, 2019 NPRM, on
November 14, 2017 (82 FR 52651), EPA
4 The commenter included the following link in
their comment, which provides daily air quality
data for the Washington Area: https://
www.mwcog.org/environment/planning-areas/airquality/air-quality-data/.
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determined that the entire Washington
Area attained the 2008 NAAQS by the
July 20, 2016 attainment date. EPA has
also reviewed the most recent ambient
air quality monitoring data for ozone in
the Washington Area and finds that the
Washington Area continues to attain the
2018 ozone NAAQS. The data cited by
the commenter does not demonstrate a
violation of the 2008 NAAQS.
Therefore, as explained below, EPA
correctly concluded in the May 21, 2019
NPRM that the District satisfies the CAA
section 107(d)(3)(E)(i) requirement for
redesignation to attainment under the
2008 ozone NAAQS, and the data cited
by the commenter does not change that
conclusion.
The air quality data cited by the
commenter indicates the daily
maximum 8-hour concentrations of
ozone recorded at air quality monitors
located in the Washington Area.
Compliance with the 2008 ozone
NAAQS is not determined by whether
an area’s daily maximum concentrations
exceed the level of the NAAQS, but
rather is determined by whether an
area’s ‘‘design value’’ statistic meets the
NAAQS. For the 2008 ozone NAAQS,
the design value for an air quality
monitor is determined by calculating
the three-year average of the annual
fourth-highest daily maximum 8-hour
average ozone concentrations recorded
at that monitor. See 40 CFR 50.15(b). An
area’s design value is based on the
monitor in the area which records the
highest design value over the three-year
period. As discussed in the May 21,
2019 NPRM, an area ‘‘attains’’ the 2008
ozone NAAQS if the area’s design value
is below 0.075 ppm. The final 2015–
2017 design values and preliminary
2016–2018 design values, included in
Table 1 of the May 21, 2019 NPRM, are
below the 2008 ozone NAAQS. See 84
FR 22998. As can be seen in Table 1 of
the May 21, 2019 NPRM, the highest
2015–2017 design value in the
Washington Area is 0.071 ppm and the
highest preliminary 2016–2018 design
value in the Washington Area is 0.072
ppm, both of which are below the 2008
ozone NAAQS. The data cited by the
commenter therefore do not show that
the Washington Area has violated the
2008 ozone NAAQS, and we are
finalizing the finding that the
Washington area has satisfied the CAA
section 107(d)(3)(E)(i) requirement for
redesignation to attainment under the
2008 ozone NAAQS.
In response to the commenter’s
request that EPA consider air quality
data for 2018, EPA did evaluate
preliminary 2018 ambient air quality
monitoring data for ozone in the
Washington Area and included this data
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in the May 21, 2019 NPRM and the
docket for the rulemaking action
available online at https://
www.regulations.gov, Docket ID: EPA–
R03–OAR–2018–0387. Therefore, EPA’s
determination that the Washington Area
continues to attain the 2008 ozone
NAAQS is based on the most recent
ambient air quality data for ozone in the
Washington Area, including preliminary
2016–2018 design values.
IV. Final Action
EPA is approving the District of
Columbia’s request to redesignate the
District’s portion of the Washington,
DC-MD-VA area to attainment for the
2008 ozone NAAQS.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of the
maintenance plan under CAA section
107(d)(3)(E) are actions that affect the
status of geographical area and do not
impose any additional regulatory
requirements on sources beyond those
required by state law. A redesignation to
attainment does not in and of itself
impose any new requirements, but
rather results in the application of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771
regulatory action because this action is
not significant under Executive Order
12866;
• 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
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Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 16, 2019. 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
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redesignating to attainment the District’s
portion of the Washington Area for the
2008 ozone NAAQS may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Dated: July 5, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
Authority: 42 U.S.C. 7401 et seq.
40 CFR part 81 is amended as follows:
Subpart C—Section 107 Attainment
Status Designations
2. In § 81.309, the table ‘‘District of
Columbia—2008 8-Hour Ozone NAAQS
[Primary and secondary]’’ is revised to
read as follows:
■
List of Subjects in 40 CFR Part 81
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
■
§ 81.309
1. The authority citation for part 81
continues to read as follows:
*
District of Columbia.
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DISTRICT OF COLUMBIA—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area
Date
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Washington, DC-MD-VA: District of Columbia 1 ..............................................
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1 Excludes
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Date
*
July 16, 2019
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Type
*
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Attainment.
*
Indian country located in each area, unless otherwise noted.
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FR 30947 on June 28, 2019, make the
following corrections:
[FR Doc. 2019–15090 Filed 7–15–19; 8:45 am]
BILLING CODE 6560–50–P
Preamble Correction
1. On page 30949, in the second
column, correct the last sentence of the
last paragraph under Section VI.
Regulatory Flexibility Act to read as
follows:
Impact on small businesses is
lessened, because the requirement for
certified cost or pricing data only
applies to acquisitions that exceed $2
million and there is an exception for the
acquisition of commercial items,
including COTS items.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 215 and 252
[Docket DARS–2018–0008]
RIN 0750–AJ19
Defense Federal Acquisition
Regulation Supplement: Only One
Offer (DFARS Case 2017–D009);
Correction
252.215–7008
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; correction.
DoD is issuing a correction to
the final rule ‘‘Only One Offer (DFARS
Case 2017–D009),’’ which was
published in the Federal Register on
June 28, 2019. This document corrects
a threshold referenced in the summary
of the final regulatory flexibility
analysis, the dates of the solicitation
provision and contract clause, and a
minor typographical error.
DATES: Effective: July 31, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
Corrections
In the rule FR Doc. 2019–13739,
published in the Federal Register at 84
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48 CFR Part 501
[GSAR Change 102; GSAR Case 2016–
G509; Docket No. GSA–GSAR–2019–0009;
Sequence No. 1]
RIN 3090–AJ83
General Services Administration
Acquisition Regulation (GSAR);
Updates to the Issuance of GSA’s
Acquisition Policy
Office of Acquisition Policy,
General Services Administration (GSA).
[Corrected]
2. On page 30950, in the first column,
in amendatory instruction 4.a. for
section 252.215–7008, remove the
provision date ‘‘(JUN 2019)’’ and add
‘‘(JUL 2019)’’ in its place.
ACTION:
■
SUMMARY:
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GENERAL SERVICES
ADMINISTRATION
AGENCY:
Regulatory Text Corrections
AGENCY:
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Type
252.215–7010
[Corrected]
3. On page 30950, in the second
column, for section 252.215–7010—
■ a. In amendatory instruction 5.a.i.,
remove the clause date ‘‘(JUN 2019)’’
and add ‘‘(JUL 2019)’’ in its place; and
■ b. In paragraph (c)(3), removed
‘‘satisfy to Government’s’’ and add
‘‘satisfy the Government’s’’ in its place.
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Direct final rule.
The General Services
Administration (GSA) is issuing this
direct final rule to amend the General
Services Administration Acquisition
Regulation (GSAR) to remove internal
agency guidance regarding deviations
from the Federal Acquisition Regulation
(FAR) and General Services
Administration Acquisition Manual
(GSAM) and move it to GSA’s nonregulatory acquisition policy.
SUMMARY:
This final rule is effective on
September 16, 2019, without further
notice unless adverse comments are
received by August 15, 2019.
DATES:
Submit comments in
response to GSAR Case 2016–G509 by
any of the following methods:
ADDRESSES:
[FR Doc. 2019–14991 Filed 7–15–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Rules and Regulations]
[Pages 33855-33858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15090]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R03-OAR-2018-0387; FRL-9996-72-Region 3]
Approval of the Redesignation Request for the Washington, DC-MD-
VA 2008 8-Hour Ozone National Ambient Air Quality Standard
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
request from the District of Columbia (the District) to redesignate to
attainment their respective portion of the Washington, DC-MD-VA
nonattainment area (hereafter ``the Washington Area'' or ``the Area'')
for the 2008 8-hour ozone national ambient air quality standard (NAAQS
or standard) (also referred to as the ``2008 ozone NAAQS'') as the
District's portion of the Area meets the statutory requirements for
redesignation under the Clean Air Act (CAA). EPA is therefore
redesignating the District of Columbia to attainment for the 2008 ozone
NAAQS in accordance with the CAA.
DATES: This final rule is effective on August 15, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0387. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
[[Page 33856]]
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Sara Calcinore, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2043. Ms. Calcinore can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 21, 2012 and June 11, 2012, EPA designated nonattainment
areas for the 2008 ozone NAAQS. 77 FR 30088 and 77 FR 34221. Effective
July 20, 2012, the Washington Area was designated as marginal
nonattainment for the 2008 ozone NAAQS. At the time of its designation,
the Washington Area consisted of the Counties of Calvert, Charles,
Frederick, Montgomery, and Prince George's in Maryland, the Counties of
Arlington, Fairfax, Loudoun, and Prince William and the Cities of
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park in
Virginia, and the District of Columbia. See 40 CFR 81.309, 81.321, and
81.347.\1\
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\1\ On April 15, 2019 (84 FR 15108), EPA approved Maryland and
Virginia's requests to redesignate to attainment their portions of
the Washington Area from marginal nonattainment to attainment of the
2008 ozone NAAQS.
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Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k) of the CAA; (3) the Administrator
determines that the improvement in air quality is due to permanent and
enforceable reductions in emissions resulting from implementation of
the applicable SIP, applicable Federal air pollutant control
regulations, and other permanent and enforceable emission reductions;
(4) the Administrator has fully approved a maintenance plan for the
area as meeting the requirements of section 175A of the CAA; and (5)
the State containing the area has met all requirements applicable to
the area for purposes of redesignation under section 110 and part D of
the CAA.\2\
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\2\ The following EPA guidance documents are included in the
docket for this rulemaking available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0387: ``Procedures
for Processing Requests to Redesignate Areas to Attainment,''
Memorandum from John Calcagni, Director, Air Quality Management
Division, September 4, 1992 (the ``Calcagni memorandum'') and
``State Implementation Plan (SIP) requirements for Areas Submitting
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or
After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993 (the ``Shapiro memorandum'').
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On March 12, 2018, February 5, 2018, and January 3, 2018, the
District, Maryland, and Virginia, respectively, formally submitted
requests to redesignate their portions of the Washington Area from
marginal nonattainment to attainment for the 2008 ozone NAAQS.
Concurrently, the District, Maryland, and Virginia formally submitted,
as revisions to their respective SIPs, a joint maintenance plan for the
Washington Area prepared by the Metropolitan Washington Council of
Governments (MWCOG) that demonstrates maintenance of the 2008 ozone
NAAQS through 2030 in the Washington Area. On April 15, 2019, EPA
approved, as revisions to the District's, Maryland's, and Virginia's
SIPs, the joint maintenance plan for the Washington Area. 84 FR 15108.
In the April 15, 2019 action, EPA also approved Maryland and Virginia's
requests to redesignate to attainment their portions of the Washington
Area from marginal nonattainment to attainment of the 2008 ozone
NAAQS.\3\ At the time, EPA did not approve the District's request to
redesignate to attainment their portion of the Washington Area for the
2008 ozone NAAQS.
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\3\ EPA's April 15, 2019 action redesignated the following
jurisdictions in Maryland and Virginia to attainment for the 2008
ozone NAAQS: The Counties of Calvert, Charles, Frederick,
Montgomery, and Prince George's in Maryland as well as the Counties
of Arlington, Fairfax, Loudoun, and Prince William and the Cities of
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park in
Virginia.
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On May 21, 2019 (84 FR 22996), EPA published a notice of proposed
rulemaking (NPRM) for the District. In the NPRM, EPA proposed approval
of the District's request to redesignate to attainment their portion of
the Washington Area, pursuant to CAA section 107(d)(3).
II. Summary of SIP Revision and EPA Analysis
EPA reviewed the District's redesignation request and found in the
May 21, 2019 NPRM that the District's portion of the Washington Area
has satisfied the CAA section 107(d)(3)(E) requirements for
redesignation for the 2008 ozone NAAQS. EPA's rationale for this action
can be found in the May 21, 2019 NPRM. EPA received one adverse comment
regarding the proposal, and, as discussed below, we conclude that the
air quality monitoring data supports a finding that the Washington area
is attaining the 2008 ozone NAAQS based on the 2015-2017 design value,
and that preliminary data from 2016-2018 further supports that
conclusion. Therefore, EPA is redesignating the District's portion of
the Washington Area to attainment for the 2008 ozone NAAQS.
III. Public Comments and EPA Response
EPA received one comment on the May 21, 2019 NPRM. The comment and
EPA's response are discussed below. The comment is included in the
docket for this action, available online at www.regulations.gov, Docket
ID: EPA-R03-OAR-2018-0387.
Comment: On June 20, 2019, EPA received an anonymous comment on the
May 21, 2019 NPRM. The commenter stated that EPA should not redesignate
the Washington Area because ``this area has violated the ozone NAAQS
for the 2008 year based on data from the Metropolitan Washington
Council of Governments website''.\4\ The commenter stated that based on
this data, the 2008 ozone NAAQS was violated five times in 2018 in
Washington, DC. The commenter notes that although this data is
preliminary, EPA should have access to data that is ``quality assured
and reviewed that is not yet final.'' The commenter requests that EPA
review the air quality data for 2018 and ensure the ``air quality is
clean for the 2008 standard based on the most recent available air
quality data including the 2018 year.''
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\4\ The commenter included the following link in their comment,
which provides daily air quality data for the Washington Area:
https://www.mwcog.org/environment/planning-areas/air-quality/air-quality-data/.
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EPA Response: The commenter misunderstands the 2018 air quality
monitoring data cited in their comment, and how to interpret that data
in the context of whether an area is attaining the 2008 ozone NAAQS. As
discussed in the May 21, 2019 NPRM, on November 14, 2017 (82 FR 52651),
EPA
[[Page 33857]]
determined that the entire Washington Area attained the 2008 NAAQS by
the July 20, 2016 attainment date. EPA has also reviewed the most
recent ambient air quality monitoring data for ozone in the Washington
Area and finds that the Washington Area continues to attain the 2018
ozone NAAQS. The data cited by the commenter does not demonstrate a
violation of the 2008 NAAQS. Therefore, as explained below, EPA
correctly concluded in the May 21, 2019 NPRM that the District
satisfies the CAA section 107(d)(3)(E)(i) requirement for redesignation
to attainment under the 2008 ozone NAAQS, and the data cited by the
commenter does not change that conclusion.
The air quality data cited by the commenter indicates the daily
maximum 8-hour concentrations of ozone recorded at air quality monitors
located in the Washington Area. Compliance with the 2008 ozone NAAQS is
not determined by whether an area's daily maximum concentrations exceed
the level of the NAAQS, but rather is determined by whether an area's
``design value'' statistic meets the NAAQS. For the 2008 ozone NAAQS,
the design value for an air quality monitor is determined by
calculating the three-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations recorded at that monitor.
See 40 CFR 50.15(b). An area's design value is based on the monitor in
the area which records the highest design value over the three-year
period. As discussed in the May 21, 2019 NPRM, an area ``attains'' the
2008 ozone NAAQS if the area's design value is below 0.075 ppm. The
final 2015-2017 design values and preliminary 2016-2018 design values,
included in Table 1 of the May 21, 2019 NPRM, are below the 2008 ozone
NAAQS. See 84 FR 22998. As can be seen in Table 1 of the May 21, 2019
NPRM, the highest 2015-2017 design value in the Washington Area is
0.071 ppm and the highest preliminary 2016-2018 design value in the
Washington Area is 0.072 ppm, both of which are below the 2008 ozone
NAAQS. The data cited by the commenter therefore do not show that the
Washington Area has violated the 2008 ozone NAAQS, and we are
finalizing the finding that the Washington area has satisfied the CAA
section 107(d)(3)(E)(i) requirement for redesignation to attainment
under the 2008 ozone NAAQS.
In response to the commenter's request that EPA consider air
quality data for 2018, EPA did evaluate preliminary 2018 ambient air
quality monitoring data for ozone in the Washington Area and included
this data in the May 21, 2019 NPRM and the docket for the rulemaking
action available online at https://www.regulations.gov, Docket ID: EPA-
R03-OAR-2018-0387. Therefore, EPA's determination that the Washington
Area continues to attain the 2008 ozone NAAQS is based on the most
recent ambient air quality data for ozone in the Washington Area,
including preliminary 2016-2018 design values.
IV. Final Action
EPA is approving the District of Columbia's request to redesignate
the District's portion of the Washington, DC-MD-VA area to attainment
for the 2008 ozone NAAQS.
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Accordingly, this action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 16, 2019. 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
[[Page 33858]]
redesignating to attainment the District's portion of the Washington
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 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: July 5, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
40 CFR part 81 is amended as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. In Sec. 81.309, the table ``District of Columbia--2008 8-Hour Ozone
NAAQS [Primary and secondary]'' is revised to read as follows:
Sec. 81.309 District of Columbia.
* * * * *
District of Columbia--2008 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Washington, DC-MD-VA: District July 16, 2019....... Attainment..........
of Columbia \1\.
* * * * * * *
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\1\ Excludes Indian country located in each area, unless otherwise noted.
* * * * *
[FR Doc. 2019-15090 Filed 7-15-19; 8:45 am]
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