Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Nonattainment New Source Review Requirements for 2015 8-Hour Ozone Standard
| Published date | 05 August 2021 |
| Citation | 86 FR 42733 |
| Record Number | 2021-16534 |
| Section | Rules and Regulations |
| Court | Environmental Protection Agency |
42733
Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
disease listed in paragraph (a)(2) of this
section shall be service connected even
though there is no evidence of such
disease during the period of service if it
becomes manifest to any degree
(including non-compensable) within 10
years from the date of separation from
military service that includes a
qualifying period of service as defined
in paragraph (a)(4) of this section.
(2) Chronic diseases associated with
exposure to particulate matter. The
chronic diseases referred to in
paragraph (a)(1) of this section are the
following:
(i) Asthma.
(ii) Rhinitis.
(iii) Sinusitis, to include
rhinosinusitis.
(3) Presumption of exposure. A
veteran who has a qualifying period of
service as defined in paragraph (a)(4) of
this section shall be presumed to have
been exposed to fine, particulate matter
during such service, unless there is
affirmative evidence to establish that the
veteran was not exposed to fine,
particulate matter during that service.
(4) Qualifying period of service. The
term qualifying period of service means
any period of active military, naval, or
air service in:
(i) The Southwest Asia theater of
operations, as defined in § 3.317(e)(2),
during the Persian Gulf War as defined
in § 3.2(i).
(ii) Afghanistan, Syria, Djibouti, or
Uzbekistan on or after September 19,
2001 during the Persian Gulf War as
defined in § 3.2(i).
(b) Exceptions. A disease listed in
paragraph (a)(1) of this section shall not
be presumed service connected if there
is affirmative evidence that:
(1) The disease was not incurred
during or aggravated by a qualifying
period of service; or
(2) The disease was caused by a
supervening condition or event that
occurred between the veteran’s most
recent departure from a qualifying
period of service and the onset of the
disease; or
(3) The disease is the result of the
veteran’s own willful misconduct.
[FR Doc. 2021–16693 Filed 8–4–21; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0489; FRL–8691–02–
R3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Nonattainment New
Source Review Requirements for 2015
8-Hour Ozone Standard
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Final rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Department of Energy
and Environment (DOEE) of the District
of Columbia (the District). The revision
will fulfill the District’s Nonattainment
New Source Review (NNSR) SIP
element requirement for the 2015 8-hour
ozone National Ambient Air Quality
Standard (NAAQS). EPA is approving
the revision to the District of Columbia
SIP in accordance with the requirements
of the Clean Air Act (CAA).
DATES
: This final rule is effective on
September 7, 2021.
ADDRESSES
: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2020–0489. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
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
:
Matthew Willson, Permits Branch
(3AD10), Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–5795.
Mr. Willson can also be reached via
electronic mail at Willson.Matthew@
epa.gov.
SUPPLEMENTARY INFORMATION
:
I. Background
On March 11, 2021 (86 FR 8734), EPA
published a notice of proposed
rulemaking (NPRM) for the District of
Columbia. In the NPRM, EPA proposed
approval of the District’s NNSR
Certification for the 2015 8-hour ozone
NAAQS. The formal SIP revision was
submitted by the District on May 5,
2020. Specifically, the District certified
that its existing NNSR program,
covering the District portion of the
Washington, DC–MD–VA
Nonattainment Area (Washington Area)
for the 2015 8-hour ozone NAAQS, is at
least as stringent as the requirements at
40 CFR 51.165, as amended by the final
rule titled ‘‘Implementation of the 2015
National Ambient Air Quality Standards
for Ozone: Nonattainment Area State
Implementation Plan Requirements’’
(SIP Requirements Rule), for ozone and
its precursors. See 83 FR 62998
(December 6, 2018).
On October 1, 2015, EPA promulgated
a revised 8-hour ozone NAAQS of 0.070
parts per million (ppm). 80 FR 65292
(October 26, 2015). Under EPA’s
regulations at 40 CFR 50.19, the 2015 8-
hour ozone NAAQS is attained when
the three-year average of the annual
fourth-highest daily maximum 8-hour
average ambient air quality ozone
concentration is less than or equal to
0.070 ppm.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. The Washington
Area was classified as marginal
nonattainment for the 2015 8-hour
ozone NAAQS on June 4, 2018 (effective
August 3, 2018) using 2014–2016
ambient air quality data. 83 FR 25776.
On December 6, 2018, EPA issued the
final SIP Requirements Rule, which
establishes the requirements that state,
tribal, and local air quality management
agencies must meet as they develop
implementation plans for areas where
air quality exceeds the 2015 8-hour
ozone NAAQS. 80 FR 65291, October
26, 2015. Areas that were designated as
marginal ozone nonattainment areas are
required to attain the 2015 8-hour ozone
NAAQS no later than August 3, 2021. 40
CFR 51.1303 and 83 FR 10376, March 9,
2018.
Based on initial nonattainment
designations for the 2015 8-hour ozone
NAAQS, as well as the December 6,
2018 final SIP Requirements Rule, the
District was required to develop a SIP
revision addressing certain CAA
requirements for the Washington Area,
and submit to EPA a NNSR Certification
SIP or SIP revision no later than 36
months after the effective date of area
designations for the 2015 8-hour ozone
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
NAAQS (i.e., August 3, 2021). See 83 FR
62998 (December 6, 2018). EPA is
approving the District’s May 5, 2020
NNSR Certification SIP revision for the
2015 8-hour ozone NAAQS.
II. Summary of SIP Revision and EPA
Analysis
This rule is specific to the District’s
NNSR requirements. NNSR is a
preconstruction review permit program
that applies to new major stationary
sources or major modifications at
existing sources located in a
nonattainment area. The specific NNSR
requirements for the ozone NAAQS are
located in 40 CFR 51.160 through
51.165.
The District’s SIP approved NNSR
program, established in Chapters 1 (Air
Quality—General Rules) and 2 (Air
Quality—General and Nonattainment
Area Permits) in Title 20 of the District
of Columbia Municipal Regulations
(DCMR), applies to the construction and
modification of major stationary sources
in nonattainment areas. In its May 5,
2020 SIP revision, the District certifies
that the versions of 20 DCMR Chapters
1 and 2 approved in the SIP are at least
as stringent as the Federal NNSR
requirements for the Washington Area.
EPA last approved revisions to the
District’s major NNSR SIP on July 5,
2019. In that action, EPA approved
revisions to the District’s SIP which
made DOEE’s NNSR program consistent
with Federal requirements. 84 FR
32072, July 5, 2019. No public
comments were received on the NPRM.
III. Final Action
EPA is approving the District’s May 5,
2020 SIP revision addressing the NNSR
requirements for the 2015 8-hour ozone
NAAQS for the Washington Area. EPA
has concluded that the District’s
submission fulfills the 40 CFR 51.1114
revisions requirement, meets the
requirements of CAA section 110 and
172 and the minimum SIP requirements
of 40 CFR 51.165.
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
•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 October 4, 2021. 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’s
NNSR program and the 2015 8-hour
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,
Volatile organic compounds.
Dated: July 28, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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 for
‘‘2015 8-Hour Ozone Certification for
Nonattainment New Source Review
(NNSR)’’ at the end of the table to read
as follows:
§ 52.470 Identification of plan.
* * * * *
(e) * * *
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
Name of non-regulatory SIP revision Applicable geographic area State
submittal
date EPA approval date Additional
explanation
*******
2015 8-Hour Ozone Certification for
Nonattainment New Source Re-
view (NNSR).
The District of Columbia ................. 05/05/20 08/05/21, [insert Federal Register
citation].
[FR Doc. 2021–16534 Filed 8–4–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[18X LLAKF0000 L12200000.DD0000
LXSS002L0000]
Final Supplementary Rules for Public
Lands Managed by the Eastern Interior
Field Office at the Fairbanks District
Office Administrative Site, Fairbanks,
Alaska
AGENCY
: Bureau of Land Management,
Interior.
ACTION
: Final supplementary rules.
SUMMARY
: The Bureau of Land
Management (BLM) is finalizing
supplementary rules for all BLM-
managed public lands within the
Fairbanks District Office administrative
site. These rules are necessary to
enhance the safety of visitors, protect
natural resources, improve recreation
experiences and opportunities, and
protect public health.
DATES
: These supplementary rules are
effective September 7, 2021.
ADDRESSES
: You may send inquiries by
mail, email, or hand delivery. Mail or
hand delivery: Michelle Ethun,
Fairbanks District Office, Bureau of
Land Management, 222 University
Avenue, Fairbanks, AK 99709. Email:
EasternInterior@blm.gov (Include ‘‘final
supplementary rules’’ in subject line).
FOR FURTHER INFORMATION CONTACT
:
Michelle Ethun, Fairbanks District
Office, Bureau of Land Management,
222 University venue, Fairbanks AK
99709, 907–474–2200. People who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact the above individual during
normal business hours. You can access
the FRS 24 hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION
:
I. Background
The Fairbanks District Office building
is located within a densely developed,
mixed residential/commercial area of
Fairbanks, Alaska, on BLM-managed
public lands within the boundaries of
the Eastern Interior Field Office along
the bank of the Chena River. In addition
to visitors to these offices, the public
often uses the open space adjacent to
the office building to picnic, walk dogs,
or access the Chena River. Visitors
encounter inconsistent rules regarding
appropriate conduct at the Fairbanks
District Office administrative site. This
inconsistency hampers the BLM’s
ability to provide a safe visitor
experience and minimize conflicts
among users.
These final supplementary rules
establish a consistent set of rules for the
Fairbanks District Office administrative
site. Absent such rules, BLM Law
Enforcement Rangers face impediments
to preventing acts that compromise
public health and safety, such as open
fires in proximity to office buildings,
overnight/long-term occupancy,
unattended domestic animals, and
unattended vehicles. The highly
urbanized nature of the Fairbanks
District Office administrative site, and
its location in Class C–E airspace on
final approach to Fairbanks
International Airport as well as the
adjacent State Division of Forestry-
Interagency Fire helipad, make some
uses of public lands inappropriate; for
example, no person may operate an
aerial drone in a manner that interferes
with neighboring Forestry helipads (14
CFR 107.43). In addition, enforcing
State laws and/or borough ordinances is
administratively more difficult for BLM
Law Enforcement Rangers than
enforcing established BLM rules. The
BLM is establishing these
supplementary rules under the authority
of 43 CFR 8365.1–6, which authorizes
BLM State Directors to establish
supplementary rules for the protection
of persons, property, and public lands
and resources. There are currently no
existing supplementary rules for the
Fairbanks District Office administrative
site. The administrative site is all
property and lands encompassed within
the land parcels managed by the BLM
within the Fairbanks North Star
Borough, legal address 222 University
Avenue, Fairbanks, AK 99709,
described as:
Fairbanks Meridian, Alaska
T. 1 S., R. 1 W.,
Sec. 7, lots 63 and 69.
The area described here aggregates 11.41
acres.
You may obtain a map of the
Fairbanks District Office administrative
site in Fairbanks, Alaska, by contacting
the office (see
ADDRESSES
) or by
accessing the following web page.
https://eplanning.blm.gov/eplanning-ui/
project/71962/510.
II. Discussion of Public Comments and
Final Supplementary Rules
In general, the BLM uses
supplementary rules for permanent,
site-specific regulations where general
BLM regulations do not meet the
specific management needs of a site’s
unique characteristics. Most common
are rules for recreation areas or
administrative sites, such as the
Fairbanks District Office administrative
site. These final supplementary rules
apply to 11.41 acres of BLM-managed
public lands comprising the BLM
Fairbanks District Office administrative
site. These final rules address general
public conduct and public safety
concerns at the BLM facility.
BLM Law Enforcement Rangers will
enforce rules only in relation to BLM-
managed lands above the mean high
water line of the Chena River. Nothing
in these final rules imparts any new or
special authority or jurisdiction to BLM
Law Enforcement Rangers on or within
the navigable waters of the State of
Alaska or airspace managed by the
Federal Aviation Administration. The
final rules seek to minimize conflicts
with the Fairbanks District Office
administrative site’s year-round heavy
use by employees, volunteers, school
groups, contractors, and the public.
During the drafting of these rules, which
include provisions that address hunting
and trapping, the BLM consulted with
the Fairbanks Region of the Alaska
Department of Fish and Game, which
did not object. The Alaska Department
of Fish and Game has closed the Chena
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