80 FR 19538 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure Requirements for the 2008 Ozone, 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air Quality Standards; Approval of Air Pollution Emergency Episode Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 70 (April 13, 2015)
Federal Register Volume 80, Issue 70 (April 13, 2015)
| Page Range | 19538-19541 | |
| FR Document | 2015-08182 |
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)] [Rules and Regulations] [Pages 19538-19541] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08182] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0701; FRL-9925-93-Region 3] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure Requirements for the 2008 Ozone, 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air Quality Standards; Approval of Air Pollution Emergency Episode Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving portions of three State Implementation Plan (SIP) revision submittals from the District of Columbia (the District) pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The District has made three separate submittals addressing the infrastructure requirements for the 2008 ozone NAAQS, the 2010 nitrogen dioxide (NO2 ) NAAQS, and the 2010 sulfur dioxide (SO2 ) NAAQS. One of the submittals also includes the ``Revised Air Quality Emergency Plan for the District of Columbia'' for satisfying EPA's requirements for air quality emergency episodes. DATES: This final rule is effective on May 13, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2014-0701. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business [[Page 19539]] information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the District of Columbia Department of the Environment, Air Quality Division, 1200 1st Street NE., 5th floor, Washington, DC 20002. FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814- 2038, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On January 21, 2014 (80 FR 2865), EPA published a notice of proposed rulemaking (NPR) for the District. In the NPR, EPA proposed approval of portions of the District's three infrastructure SIP submissions addressing the requirements of section 110(a)(2) of the CAA for the 2008 ozone NAAQS, the 2010 NO2 NAAQS, and the 2010 SO2 NAAQS. The NPR also proposed approval of the District's Air Quality Emergency Plan to meet EPA's requirements for air pollution prevention contingency plans in 40 CFR part 51, subpart H and section 110(a)(2)(G) of the CAA. II. Summary of SIP Revision The District, through the District Department of the Environment (DDOE), submitted three separate revisions to its SIP to satisfy the requirements of section 110(a)(2) of the CAA for the different NAAQS. On June 6, 2014, DDOE submitted a SIP revision addressing the infrastructure requirements for the 2010 NO2 NAAQS. On June 13, 2014, DDOE submitted an infrastructure SIP revision for the 2008 ozone NAAQS. On July 17, 2014, DDOE submitted an infrastructure SIP revision for the 2010 SO2 NAAQS. Each of the infrastructure SIP revisions addressed the following infrastructure elements for the applicable NAAQS: Section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA. The infrastructure SIP submittals do not address section 110(a)(2)(I) which pertains to the nonattainment requirements of part D, Title I of the CAA, because this element is not required to be submitted by the 3-year submission deadline of CAA section 110(a)(1) and will be addressed in a separate process, if necessary. As discussed in the NPR, EPA will take separate action on the portions of the three infrastructure submittals addressing section 110(a)(2)(D)(i)(I) requiring the SIP to address emissions from sources which significantly contribute to nonattainment or interference with maintenance of the NAAQS (also referred to as transport) in another state. In addition, EPA is not required to take rulemaking action on the PSD-related portions of section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for the District's infrastructure SIP submittals, as EPA found these portions of each of the infrastructure SIP submittals technically incomplete, because the District has not adequately addressed the SIP requirements of part C of Title I of the CAA for having a SIP-approved PSD program.\1\ However, EPA recognizes that the District is already subject to a Federal Implementation Plan (FIP) containing the Federal PSD program that addresses the relevant SIP requirements.\2\ EPA does not anticipate any adverse consequences to DDOE from these incompleteness findings. In addition, EPA is not subject to any further FIP duties from these incompleteness findings because a FIP has already been issued to address this SIP deficiency. --------------------------------------------------------------------------- \1\ EPA sent letters to DDOE in July 21, 2014 and November 4, 2014 notifying the District of these determinations for each of the applicable NAAQS. Copies of these letters are included in the docket for this rulemaking action. \2\ At present, the PSD FIP, incorporated by reference in the District SIP in 40 CFR 52.499, specifically contains the provisions of 40 CFR 52.21, with the exception of paragraph (a)(1). --------------------------------------------------------------------------- In addition, the June 13, 2014 SIP submittal included the ``Revised Air Quality Emergency Plan for the District of Columbia'' to satisfy the requirements for preventing air pollution emergency episodes in 40 CFR part 51, subpart H for all applicable pollutants (i.e., those for which the District is classified as a Priority I region under 40 CFR 52.471, including particulate matter, sulfur oxides (SOX ), carbon monoxide (CO), and ozone), as well as section 110(a)(2)(G) of the CAA for the three subject NAAQS. EPA's rationale for taking this rulemaking action, including the scope of infrastructure SIPs in general, is explained in the NPR and the technical support document (TSD) accompanying the NPR and will not be restated here. The TSD for this rulemaking is available at www.regulations.gov, Docket number EPA-R03-OAR-2014-0701. No public comments were received on the NPR. III. Final Action EPA is approving the District's infrastructure submittals dated June 6, 2014, June 13, 2014, and July 17, 2014 for the 2010 NO2 NAAQS, the 2008 ozone NAAQS, and the 2010 SO2 NAAQS, respectively, as meeting the following requirements of section 110(a)(2) of the CAA for the three relevant NAAQS: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA will take later separate action on the portions of each of the submittals addressing section 110(a)(2)(D)(i)(I), pertaining to transport. EPA is also approving as a SIP revision the ``Revised Air Quality Emergency Plan for the District of Columbia,'' submitted on June 13, 2014, as it satisfies the requirements of 40 CFR part 51, subpart H for all applicable pollutants and section 110(a)(2)(G) of the CAA for the 2008 ozone NAAQS, the 2010 NO2 NAAQS, and the 2010 SO2 NAAQS. IV. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or [[Page 19540]] safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 12, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, pertaining to the District of Columbia's section 110(a)(2) infrastructure requirements for the 2008 ozone, the 2010 NO 2 , and the 2010 SO2 NAAQS and to the District of Columbia's contingency plan for the prevention of air pollution episodes, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: March 24, 2015. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart J--District of Columbia 0 2. In Sec. 52.470, the table in paragraph (e) is amended by adding the following four entries at the end of the table: 0 a. ``Section 110(a)(2) Infrastructure Requirements for the 2010 NO2 NAAQS''; 0 b. ``Section 110(a)(2) Infrastructure Requirements for the 2008 Ozone NAAQS''; 0 c. ``Section 110(a)(2) Infrastructure Requirements for the 2010 SO2 NAAQS''; and 0 d. ``Emergency Air Pollution Plan''. The additions read as follows: Sec. 52.470 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable State revision geographic area submittal date EPA approval date Additional explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Statewide......... 6/9/14 4/13/15 [Insert This action addresses Infrastructure Requirements Federal Register the following CAA for the 2010 NO2 NAAQS. Citation]. elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). PSD related portions are addressed by FIP in 40 CFR 52.499. Section 110(a)(2) Statewide......... 6/13/14 4/13/15 [Insert This action addresses Infrastructure Requirements Federal Register the following CAA for the 2008 Ozone NAAQS. Citation]. elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). PSD related portions are addressed by FIP in 40 CFR 52.499. Section 110(a)(2) Statewide......... 7/17/14 4/13/15 [Insert This action addresses Infrastructure Requirements Federal Register the following CAA for the 2010 SO2 NAAQS. Citation]. elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). PSD related portions are addressed by FIP in 40 CFR 52.499. Emergency Air Pollution Plan... Statewide......... 6/13/14 4/13/15 [Insert This action addresses Federal Register the requirements of 40 Citation]. CFR 51, subpart H for particulate matter, sulfur oxides (SOX), carbon monoxide (CO), and ozone, as well as section 110(a)(2)(G) of the CAA for the 2008 ozone, 2010 SO2, and 2010 NO2 NAAQS. ---------------------------------------------------------------------------------------------------------------- [[Page 19541]] [FR Doc. 2015-08182 Filed 4-10-15; 8:45 am] BILLING CODE 6560-50-P
![19538 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations
Catalog of Federal Domestic Assistance instructions on the form. Prior to (The Office of Management and Budget
Numbers approving reimbursement VA must find has approved the information collection
The Catalog of Federal Domestic all of the following: requirements under this section under
Assistance program number and title for (1) The veteran is eligible for burial in control number 2900–0799.)
this rule are 64.201, National a VA national cemetery; [FR Doc. 2015–08388 Filed 4–10–15; 8:45 am]
Cemeteries. (2) The individual or entity has BILLING CODE 8320–01–P
certified that they cannot identify the
Signing Authority veteran’s next-of-kin, or that an
The Secretary of Veterans Affairs, or identified next-of-kin is unwilling or ENVIRONMENTAL PROTECTION
designee, approved this document and unable to assume responsibility for the AGENCY
authorized the undersigned to sign and deceased veteran’s burial arrangements,
submit the document to the Office of the and that the individual or entity has 40 CFR Part 52
Federal Register for publication followed applicable state or local law
relating to the disposition of unclaimed [EPA–R03–OAR–2014–0701; FRL–9925–93–
electronically as an official document of Region 3]
the Department of Veterans Affairs. Jose remains;
D. Riojas, Chief of Staff, approved this (3) The individual or entity has Approval and Promulgation of Air
document on April 7, 2015, for certified that, to the best of their Quality Implementation Plans; District
publication. knowledge, sufficient resources are of Columbia; Infrastructure
otherwise unavailable to furnish the Requirements for the 2008 Ozone, 2010
List of Subjects in 38 CFR Part 38 casket or urn; Nitrogen Dioxide, and 2010 Sulfur
Administrative practice and (4) The invoice presented by the Dioxide National Ambient Air Quality
procedure, Cemeteries, Veterans. individual or entity clearly indicates the Standards; Approval of Air Pollution
Dated April 8, 2015.
purchase price of the casket or urn Emergency Episode Plan
purchased by the individual or entity;
William F. Russo, AGENCY: Environmental Protection
and
Acting Director, Office of Regulation Policy (5) The invoice presented by the Agency (EPA).
& Management, Office of the General Counsel,
U.S. Department of Veterans Affairs.
individual or entity contains ACTION: Final rule.
information sufficient for VA to
For the reasons stated in the determine, in conjunction with a visual SUMMARY: The Environmental Protection
preamble, the Department of Veterans inspection, that the casket or urn meets Agency (EPA) is approving portions of
Affairs amends 38 CFR part 38 as set the following standards: three State Implementation Plan (SIP)
forth below: (i) Caskets must be of metal revision submittals from the District of
construction of at least 20-gauge Columbia (the District) pursuant to the
PART 38—NATIONAL CEMETERIES thickness, designed for containing Clean Air Act (CAA). Whenever new or
OF THE DEPARTMENT OF VETERANS human remains, sufficient to contain the revised national ambient air quality
AFFAIRS remains of the deceased veteran, standards (NAAQS) are promulgated,
include a gasketed seal, and include the CAA requires states to submit a plan
■ 1. The authority citation for part 38
external fixed rails or swing arm for the implementation, maintenance,
continues to read as follows:
handles. and enforcement of such NAAQS. The
Authority: 38 U.S.C. 107, 501, 512, 2306, (ii) Urns must be of a durable plan is required to address basic
2402, 2403, 2404, 2408, 2411, 7105. program elements, including, but not
construction, such as durable plastic,
■ 2. Add § 38.628 to read as follows: wood, metal, or ceramic, designed to limited to, regulatory structure,
contain cremated human remains, and monitoring, modeling, legal authority,
§ 38.628. Reimbursement for caskets and
urns for unclaimed remains of veterans. include a secure closure to contain the and adequate resources necessary to
cremated remains. assure attainment and maintenance of
(a) VA will reimburse any individual
(d) Reimbursement for a claim the standards. These elements are
or entity for the actual cost of a casket
received in any calendar year under referred to as infrastructure
or an urn, purchased by the individual
paragraph (a) of this section will not requirements. The District has made
or entity for the burial in a national
exceed the average cost of a 20-gauge three separate submittals addressing the
cemetery of an eligible veteran who died
metal casket or a durable plastic urn infrastructure requirements for the 2008
on or after January 10, 2014, for whom
during the fiscal year preceding the ozone NAAQS, the 2010 nitrogen
VA:
calendar year of the claim, as dioxide (NO2) NAAQS, and the 2010
(1) Is unable to identify the veteran’s
determined by VA and published sulfur dioxide (SO2) NAAQS. One of the
next-of-kin; and
annually in the Federal Register. submittals also includes the ‘‘Revised
(2) Determines that sufficient
(e) If, before July 2, 2014, an Air Quality Emergency Plan for the
resources are otherwise unavailable to
individual or entity purchased a casket District of Columbia’’ for satisfying
furnish the casket or urn.
(b) For purposes of satisfying the or urn for burial in a VA national EPA’s requirements for air quality
requirements of paragraph (a) of this cemetery of the remains of a veteran emergency episodes.
section, VA will rely entirely on the who died after January 10, 2014, and the DATES: This final rule is effective on
requesting individual’s or entity’s burial receptacle is not at least a 20- May 13, 2015.
gauge metal casket or a durable plastic ADDRESSES: EPA has established a
wreier-aviles on DSK5TPTVN1PROD with RULES
certification as required under
paragraphs (c)(2) and (3) of this section. urn, VA will reimburse the purchase docket for this action under Docket ID
(c) An individual or entity may price of the burial receptacle, providing Number EPA–R03–OAR–2014–0701. All
request reimbursement from VA under all other criteria in this regulation are documents in the docket are listed in
paragraph (a) of this section by met. The reimbursement amount will be the www.regulations.gov Web site.
completing and submitting VA Form subject to the maximum reimbursement Although listed in the electronic docket,
40–10088, and supporting amount calculated for 2015. some information is not publicly
documentation, in accordance with the (Authority: 38 U.S.C. 2306, 2402, 2411) available, i.e., confidential business
VerDate Sep<11>2014 15:35 Apr 10, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\13APR1.SGM 13APR1](https://thefederalregister.org/doc/80_FR_19608/page/1.svg)
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safety risks subject to Executive Order report containing this action and other reference, Nitrogen dioxide, Ozone,
13045 (62 FR 19885, April 23, 1997); required information to the U.S. Senate, Reporting and recordkeeping
• is not a significant regulatory action the U.S. House of Representatives, and requirements, Sulfur oxides, Volatile
subject to Executive Order 13211 (66 FR the Comptroller General of the United organic compounds.
28355, May 22, 2001); States prior to publication of the rule in Authority: 42 U.S.C. 7401 et seq.
• is not subject to requirements of the Federal Register. A major rule
Section 12(d) of the National cannot take effect until 60 days after it Dated: March 24, 2015.
Technology Transfer and Advancement is published in the Federal Register. William C. Early,
Act of 1995 (15 U.S.C. 272 note) because This action is not a ‘‘major rule’’ as Acting Regional Administrator, Region III.
application of those requirements would defined by 5 U.S.C. 804(2). 40 CFR part 52 is amended as follows:
be inconsistent with the CAA; and
• does not provide EPA with the C. Petitions for Judicial Review PART 52—APPROVAL AND
discretionary authority to address, as Under section 307(b)(1) of the CAA, PROMULGATION OF
appropriate, disproportionate human petitions for judicial review of this IMPLEMENTATION PLANS
health or environmental effects, using action must be filed in the United States
practicable and legally permissible ■ 1. The authority citation for part 52
Court of Appeals for the appropriate
methods, under Executive Order 12898 continues to read as follows:
circuit by June 12, 2015. Filing a
(59 FR 7629, February 16, 1994).
In addition, this rule does not have petition for reconsideration by the Authority: 42 U.S.C. 7401 et seq.
tribal implications as specified by Administrator of this final rule does not
affect the finality of this action for the Subpart J—District of Columbia
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is purposes of judicial review nor does it
extend the time within which a petition ■ 2. In § 52.470, the table in paragraph
not approved to apply in Indian country (e) is amended by adding the following
located in the state, and EPA notes that for judicial review may be filed, and
shall not postpone the effectiveness of four entries at the end of the table:
it will not impose substantial direct ■ a. ‘‘Section 110(a)(2) Infrastructure
costs on tribal governments or preempt such rule or action. This action,
pertaining to the District of Columbia’s Requirements for the 2010 NO2
tribal law. NAAQS’’;
section 110(a)(2) infrastructure
B. Submission to Congress and the requirements for the 2008 ozone, the ■ b. ‘‘Section 110(a)(2) Infrastructure
Comptroller General 2010 NO2, and the 2010 SO2 NAAQS Requirements for the 2008 Ozone
The Congressional Review Act, 5 and to the District of Columbia’s NAAQS’’;
U.S.C. 801 et seq., as added by the Small contingency plan for the prevention of ■ c. ‘‘Section 110(a)(2) Infrastructure
Business Regulatory Enforcement air pollution episodes, may not be Requirements for the 2010 SO2
Fairness Act of 1996, generally provides challenged later in proceedings to NAAQS’’; and
that before a rule may take effect, the enforce its requirements. (See section ■ d. ‘‘Emergency Air Pollution Plan’’.
agency promulgating the rule must 307(b)(2).) The additions read as follows:
submit a rule report, which includes a List of Subjects in 40 CFR Part 52
copy of the rule, to each House of the § 52.470 Identification of plan.
Congress and to the Comptroller General Environmental protection, Air * * * * *
of the United States. EPA will submit a pollution control, Incorporation by (e) * * *
Applicable geo- State submittal
Name of non-regulatory SIP revision EPA approval date Additional explanation
graphic area date
* * * * * * *
Section 110(a)(2) Infrastructure Require- Statewide ............... 6/9/14 4/13/15 [Insert Fed- This action addresses the following
ments for the 2010 NO2 NAAQS. eral Register CAA elements: 110(a)(2)(A), (B), (C),
Citation]. (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). PSD related por-
tions are addressed by FIP in 40
CFR 52.499.
Section 110(a)(2) Infrastructure Require- Statewide ............... 6/13/14 4/13/15 [Insert Fed- This action addresses the following
ments for the 2008 Ozone NAAQS. eral Register CAA elements: 110(a)(2)(A), (B), (C),
Citation]. (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). PSD related por-
tions are addressed by FIP in 40
CFR 52.499.
Section 110(a)(2) Infrastructure Require- Statewide ............... 7/17/14 4/13/15 [Insert Fed- This action addresses the following
ments for the 2010 SO2 NAAQS. eral Register CAA elements: 110(a)(2)(A), (B), (C),
Citation]. (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). PSD related por-
tions are addressed by FIP in 40
CFR 52.499.
wreier-aviles on DSK5TPTVN1PROD with RULES
Emergency Air Pollution Plan ................. Statewide ............... 6/13/14 4/13/15 [Insert Fed- This action addresses the requirements
eral Register of 40 CFR 51, subpart H for particu-
Citation]. late matter, sulfur oxides (SOX), car-
bon monoxide (CO), and ozone, as
well as section 110(a)(2)(G) of the
CAA for the 2008 ozone, 2010 SO2,
and 2010 NO2 NAAQS.
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[FR Doc. 2015–08182 Filed 4–10–15; 8:45 am] special arrangements should be made I. Background
BILLING CODE 6560–50–P for deliveries of boxed information. On July 25, 2013, VADEQ submitted
Instructions: Direct your comments to a formal revision to the Virginia SIP.
Docket ID No. EPA–R03–OAR–2013– The SIP revision consists of an
ENVIRONMENTAL PROTECTION 0593. EPA’s policy is that all comments amendment to the definition of
AGENCY received will be included in the public ‘‘regulated NSR pollutant’’ for VADEQ’s
docket without change, and may be PSD program under Article 8 of Chapter
40 CFR Part 52 made available online at 80 of the Virginia Administrative Code
www.regulations.gov, including any (VAC), as well as a correction of a minor
[EPA–R03–OAR–2013–0593; FRL–9925–96– personal information provided, unless
Region–3] typographical error. The definition
the comment includes information revision pertains to the regulation of
Approval and Promulgation of Air claimed to be Confidential Business particulate matter, specifically, gases
Quality Implementation Plans; Information (CBI) or other information that condense to form particles
Virginia—Prevention of Significant whose disclosure is restricted by statute. (condensables).
Deterioration; Amendment to the Do not submit information that you ‘‘Particulate matter’’ (PM) is a term
Definition of ‘‘Regulated NSR consider to be CBI or otherwise used to define an air pollutant that
Pollutant’’ Concerning Condensable protected through www.regulations.gov consists of a mixture of solid particles
Particulate Matter or email. The www.regulations.gov Web and liquid droplets found in the
site is an ‘‘anonymous access’’ system, ambient air. PM occurs in many sizes
AGENCY: Environmental Protection which means EPA will not know your and shapes and can be made up of
Agency (EPA). identity or contact information unless hundreds of different chemicals. As
ACTION: Direct final rule. you provide it in the body of your explained further in the discussion that
comment. If you send an email follows, EPA has regulated several size
SUMMARY: The Environmental Protection comment directly to EPA without going ranges of particles under the CAA,
Agency (EPA) is taking direct final through www.regulations.gov, your referred to as indicators of particles,
action to approve a July 25, 2013 State email address will be automatically namely PM, coarse PM (PM10), and fine
Implementation Plan (SIP) revision captured and included as part of the PM (PM2.5).
submitted by the Virginia Department of comment that is placed in the public Initially, EPA established a National
Environmental Quality (VADEQ) for the docket and made available on the Ambient Air Quality Standard (NAAQS)
Commonwealth of Virginia. The Internet. If you submit an electronic for PM on April 30, 1971, under
revision includes a correction to the comment, EPA recommends that you sections 108 and 109 of the CAA. See
definition of ‘‘regulated NSR [New include your name and other contact 36 FR 8186. Compliance with the
Source Review] pollutant’’ as it relates information in the body of your original PM NAAQS was based on the
to condensable particulate matter under comment and with any disk or CD–ROM measurement of particles in the ambient
Virginia’s Prevention of Significant you submit. If EPA cannot read your air using an indicator of particles
Deterioration (PSD) program. The comment due to technical difficulties measuring up to a nominal size of 25 to
revision also includes the correction of and cannot contact you for clarification, 45 micrometers (mm). EPA used the
a minor typographical error. EPA is EPA may not be able to consider your indicator name ‘‘total suspended
approving these revisions to the Virginia comment. Electronic files should avoid particulate’’ or ‘‘TSP’’ to define the
SIP in accordance with the requirements the use of special characters, any form particle size range that was being
of the Clean Air Act (CAA). of encryption, and be free of any defects measured. Total suspended particulate
DATES: This rule is effective on June 12, or viruses. remained the indicator for the PM
2015 without further notice, unless EPA DOCKET: All documents in the
NAAQS until 1987 when EPA revised
receives adverse written comment by electronic docket are listed in the the NAAQS in part by replacing the TSP
May 13, 2015. If EPA receives such www.regulations.gov index. Although indicator for both the primary and
comments, it will publish a timely listed in the index, some information is secondary standards with a new
withdrawal of the direct final rule in the not publicly available, i.e., CBI or other indicator that includes only those
Federal Register and inform the public information whose disclosure is particles with an aerodynamic diameter
that the rule will not take effect. restricted by statute. Certain other less than or equal to a nominal 10 mm
ADDRESSES: Submit your comments, material, such as copyrighted material, (PM10).
identified by Docket ID Number EPA– is not placed on the Internet and will be On July 18, 1997, the EPA made
R03–OAR–2013–0593 by one of the publicly available only in hard copy significant revisions to the PM NAAQS
following methods: form. Publicly available docket in several respects. While the EPA
A. www.regulations.gov. Follow the materials are available either determined that the PM NAAQS should
on-line instructions for submitting electronically in www.regulations.gov or continue to focus on PM10, EPA also
comments. in hard copy during normal business determined that the fine and coarse
B. Email: campbell.dave@epa.gov. hours at the Air Protection Division, fractions of PM10 should be considered
C. Mail: EPA–R03–OAR–2013–0593, U.S. Environmental Protection Agency, separately. Accordingly, on July 18,
David Campbell, Associate Director, Region III, 1650 Arch Street, 1997, the EPA added a new indicator for
Office of Permits and Air Toxics, Philadelphia, Pennsylvania 19103. fine particles with a nominal mean
Mailcode 3AP10, U.S. Environmental Copies of the State submittal are
wreier-aviles on DSK5TPTVN1PROD with RULES
aerodynamic diameter less than or equal
Protection Agency, Region III, 1650 available at the Virginia Department of to 2.5 mm (PM2.5), and continued to use
Arch Street, Philadelphia, Pennsylvania Environmental Quality, 629 East Main PM10 as the indicator for purposes of
19103. Street, Richmond, Virginia 23219. regulating the coarse fraction of PM10.
D. Hand Delivery: At the previously- FOR FURTHER INFORMATION CONTACT: See 62 FR 38652.
listed EPA Region III address. Such David Talley, (215) 814–2117, or by On May 16, 2008, EPA finalized the
deliveries are only accepted during the email at talley.david@epa.gov. ‘‘Implementation of the New Source
Docket’s normal hours of operation, and SUPPLEMENTARY INFORMATION: Review (NSR) Program for Particulate
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Document Created: 2015-12-18 11:21:34
Document Modified: 2015-12-18 11:21:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on May 13, 2015. | |
| Contact | Emlyn V[eacute]lez-Rosa, (215) 814- 2038, or by email at [email protected] | |
| FR Citation | 80 FR 19538 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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