Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 62455 

EPA has not identified any specific 

studies on whether or to what extent 

HFO–1234yf may affect children’s 

health. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d), (15 U.S.C. 272 

note) directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

the EPA to provide Congress, through 

OMB, explanations when the agency 

decides not to use available and 

applicable voluntary consensus 

standards. This rulemaking does not 

involve technical standards. Therefore, 

the EPA has not considered the use of 

any voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629, February 16, 1994) establishes 

federal executive policy on 

environmental justice. Its main 

provision directs federal agencies, to the 

greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it will not affect the level of 

protection provided to human health or 

the environment. 

K. Congressional Review Act 

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. The EPA will 

submit a report containing this rule 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). This rule will be effective on 

November 21, 2013. 

L. 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 District of 

Columbia Circuit Court within 60 days 

from the date the final action is 

published in the Federal Register. 

Filing a petition for review by the 

Administrator of this final action 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 must be 

final, and shall not postpone the 

effectiveness of such action. Thus, any 

petitions for review of this action 

related to the exemption of HFO–1234yf 

from the regulatory definition of VOCs 

must be filed in the Court of Appeals for 

the District of Columbia Circuit within 

60 days from the date final action is 

published in the Federal Register. 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: September 19, 2013. 

Gina McCarthy, 

EPA Administrator. 

For reasons set forth in the preamble, 

part 51 of chapter I of title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

Subpart F—[Amended] 

■ 1. The authority citation for part 51, 

Subpart F, continues to read as follows: 

Authority: 42 U.S.C. 7401, 7411, 7412, 

7413, 7414, 7470–7479, 7501–7508, 7601, 

and 7602. 

§ 51.100 [Amended] 

■ 2. Section 51.100 is amended at the 

end of paragraph (s)(1) introductory text 

by removing the words ‘‘and 

perfluorocarbon compounds which fall 

into these classes:’’ and adding in their 

place the words ‘‘2,3,3,3- 

tetrafluoropropene; and perfluorocarbon 

compounds which fall into these 

classes:’’. 

[FR Doc. 2013–23783 Filed 10–21–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0499; FRL–9901–35– 

Region3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Infrastructure 

Requirements for the 2008 Lead 

National Ambient Air Quality 

Standards and State Board 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve two State 

Implementation Plan (SIP) revisions 

submitted by the District of Columbia 

(hereafter ‘‘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 NAAQS. These elements are referred 

to as infrastructure requirements. The 

District made a submittal addressing the 

infrastructure requirements for the 2008 

lead (Pb) NAAQS and a separate 

submittal addressing requirements in 


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62456 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 

relation to State Boards. EPA is 

approving portions of the infrastructure 

requirements for the 2008 lead NAAQS 

and the requirements addressing State 

Boards for the District in accordance 

with the requirements of the CAA. 

DATES: This rule is effective on 

December 23, 2013 without further 

notice, unless EPA receives adverse 

written comment by November 21, 

2013. If EPA receives such comments, it 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0499 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0499, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0499. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the District of Columbia 

Department of the Environment, Air 

Quality Division, 1200 1st Street NE., 

5th floor, Washington, DC 20002. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: On July 

18, 2013, the District Department of the 

Environment (DDOE) submitted a 

revision to the District’s SIP to satisfy 

the requirements of section 110(a)(2) of 

the CAA for the 2008 lead NAAQS (the 

infrastructure submittal). On this same 

date, DDOE submitted a revision to the 

District SIP addressing the State Board 

requirements under sections 128 and 

110(a)(2)(E)(ii) of the CAA. 

I. Background 

On October 15, 2008, EPA 

substantially strengthened the primary 

and secondary lead NAAQS, revising 

the level of the primary (health-based) 

standard from 1.5 micrograms per cubic 

meter (mg/m3) to 0.15 mg/m3, measured 

as total suspended particles (TSP) and 

not to be exceeded with an averaging 

time of a rolling 3-month period. EPA 

also revised the secondary (welfarebased) standard to be identical to the 

primary standard, as well as the 

associated ambient air monitoring 

requirements. See 40 CFR 50.16. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS or 

within such shorter period as EPA may 

prescribe. The contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS affect the content of the 

submission. The contents of such SIP 

submission may also vary depending 

upon what provisions the state’s 

existing SIP already contains. 

Pursuant to section 110(a)(1) of the 

CAA, states are required to submit SIPs 

meeting the applicable requirements of 

section 110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs and section 

110(a)(2) requires states to address basic 

SIP elements such as requirements for 

monitoring, basic program requirements 

and legal authority that are designed to 

assure attainment and maintenance of 

the NAAQS. More specifically, section 

110(a)(2) lists specific elements that 

states must meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. 

For the 2008 lead NAAQS, states 

typically have met many of the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous NAAQS. Nevertheless, 

pursuant to section 110(a)(1), states 

have to review and revise, as 

appropriate, their existing SIPs to 

ensure that the SIPs are adequate to 

address the 2008 lead NAAQS. To assist 

states in meeting this statutory 

requirement, EPA issued a guidance on 

October 14, 2011, entitled, ‘‘Guidance 

on Infrastructure State Implementation 

Plan (SIP) Elements Required Under 

sections 110(a)(1) and 110(a)(2) for the 

2008 Lead (Pb) National Ambient Air 

Quality Standards (NAAQS)’’ (hereafter 

the ‘‘2011 Lead Infrastructure 

Guidance’’), which lists the basic 

elements that states should include in 

their SIPs for the 2008 lead NAAQS. 

Section 110(a)(2)(E)(ii) requires the 

states to satisfy for each NAAQS the 

requirements of section 128 of the CAA 

in relation to State Boards. Section 

128(a) requires SIPs to contain 

provisions that: (1) Any board or body 

which approves permits or enforcement 

orders under the CAA have at least a 

majority of its members represent the 

public interest and not derive any 

significant portion of their income from 

persons subject to permits or 

enforcement orders under the CAA; and 

(2) any potential conflict of interest by 

members of such board or body or the 


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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 62457 

head of an executive agency with 

similar powers be adequately disclosed. 

II. Summary of SIP Revision 

A. Infrastructure Requirements 

On July 18, 2013, DDOE provided a 

submittal to satisfy the requirements of 

section 110(a)(2) of the CAA for the 

2008 lead NAAQS. This submittal 

addresses the following infrastructure 

elements, which EPA is proposing to 

approve: CAA section 110(a)(2)(A), (B), 

(C), (D)(i)(I), (D)(i)(II), (D)(ii), (E)(i), 

(E)(iii), (F), (G), (H), (J), (K), (L), and (M), 

or portions thereof. The infrastructure 

element (E)(ii) requirements, pertaining 

to State Boards, are satisfied by a 

separate submittal which was received 

by EPA on the same date and it is 

addressed in section II.B of this 

rulemaking action. The District did not 

submit element (I) which pertains to the 

nonattainment requirements of part D, 

Title I of the CAA, since this element is 

not required to be submitted by the 3- 

year submission deadline of section 

110(a)(1), and will be addressed in a 

separate process, if necessary. 

While the District failed to submit a 

complete SIP addressing the portions of 

(C), (D)(i)(II), (D)(ii), and (J) relating to 

the part C, Title I of the CAA for the 

2008 lead NAAQS, EPA recognizes that 

such requirements have already been 

addressed by a Federal Implementation 

Plan (FIP) that remains in place, 

containing the Prevention of Significant 

Deterioration (PSD) permit program. 

EPA concludes that such findings of 

incompleteness would not trigger any 

additional FIP obligation for the District 

with respect to these infrastructure 

requirements. Therefore, EPA is not 

taking any action for the 2008 lead 

NAAQS for elements (C), (D)(i)(II), 

(D)(ii), and (J), for the portions which 

relate to the PSD permit program 

required by part C, Title I of the CAA. 

In accordance with the decision of the 

U.S. Court of Appeals for the D.C. 

Circuit, EPA at this time is not treating 

the 110(a)(2)(D)(i)(I) SIP submission 

from the District as a required SIP 

submission. See EME Homer City 

Generation, LP v. EPA, 696 F.3d 7 (D.C. 

Cir. 2012), cert. granted, 2013 U.S. Lexis 

4801 (2013). However, even if the 

submission is not considered to be 

‘‘required,’’ EPA must act on the 

110(a)(2)(D)(i)(I) SIP submission from 

the District because section 110(k)(2) of 

the CAA requires EPA to act on all SIP 

submissions. Unless the EME Homer 

City decision is reversed or otherwise 

modified by the Supreme Court, states 

are not required to submit 

110(a)(2)(D)(i)(I) SIPs until EPA has 

quantified their obligations under that 

section. In this action, EPA is acting on 

the District’s 110(a)(2)(D)(i)(I) 

submission. 

A detailed summary of EPA’s review 

and rationale for approving the District’s 

infrastructure submittal may be found in 

the Technical Support Document (TSD) 

for this rulemaking action, which is 

available online at www.regulations.gov, 

Docket number EPA–R03–OAR–2013– 

0499. 

B. State Board Requirements 

On July 18, 2013, DDOE also 

submitted a separate SIP revision 

addressing the requirements of CAA 

section 128 in relation to the State 

Board requirements. This submission 

also satisfies the State Board 

requirements under 110(a)(2)(E)(ii) for 

the 2008 lead NAAQS. The SIP revision 

consists of updating the existing 

provisions in the District SIP which 

satisfy the obligations under sections 

128 and 110(a)(2)(E)(ii). In this SIP 

revision, DDOE states that the relevant 

section 128 requirements are currently 

found in chapter 11A ‘‘Government 

Ethics and Accountability’’ of title I 

‘‘Government Organization’’ of the 

District of Columbia Official Code (2012 

Supp.), which the District through 

DDOE is requesting EPA to approve as 

part of the District’s SIP. The conduct of 

the DDOE Director, and that of his 

employees, is currently subject to the 

requirements of title I, chapter 11A of 

the District of Columbia Official Code. 

All District employees are required to 

follow the laws in title I, chapter 11A of 

the District of Columbia Official Code 

regarding employee conduct. 

Specifically, the SIP revision consists 

of incorporating into the SIP the 

following provisions of title I, chapter 

11A of the District of Columbia Official 

Code, specifically section 1–1161.01 

(‘‘Definitions’’); section 1–1162.23 

(‘‘Conflicts of Interest’’); section 1– 

1162.24 (‘‘Public Reporting’’); and 

section 1–1162.25 (‘‘Confidential 

Disclosure of Financial Interest’’). These 

provisions supersede the section 128 

provisions previously approved in the 

SIP, and DDOE requests as part of this 

SIP revision the removal of the prior 

provisions which addressed section 128 

requirements from the District’s SIP. See 

(49 FR 22810, June 1, 1984), as codified 

in 40 CFR 50.470(e). 

The requirements of section 128(a)(1) 

are not applicable to the District because 

it does not have any board or body 

which approves air quality permits or 

enforcement orders. The requirements 

of section 128(a)(2), however, are 

applicable to the District because 

DDOE’s Director (i.e., the head of an 

executive agency) has the similar 

powers discussed in section 128(a)(2). 

DDOE approves all CAA permits and 

enforcement orders in the District. 

DDOE is an executive agency that acts 

through its Director or a delegated state 

employee subordinate. 

EPA finds that the measures in these 

provisions (sections 1–1161.01, 1– 

1162.23, 1–1162.24, and 1–1162.25 of 

the District of Columbia Official Code) 

are adequate to meet the District’s 

obligations under section 128 as well as 

the infrastructure requirements of 

section 110(a)(2)(E)(ii). EPA also finds 

that the submittal specifically meets the 

infrastructure requirements of section 

110(a)(2)(E)(ii) for the 2008 lead 

NAAQS. 

III. Final Action 

EPA is approving the District’s two 

SIP revisions. EPA is approving the 

District’s SIP revision addressing the 

following section 110(a)(2) elements for 

the 2008 lead NAAQS: (A), (B), (C), 

(D)(i)(I), (D)(i)(II), (D)(ii), (E)(i), (E)(iii), 

(F), (G), (H), (J), (K), (L), and (M), or 

portions thereof. This SIP revision 

provides the basic program elements 

specified in section 110(a)(2) necessary 

to implement, maintain, and enforce the 

2008 lead NAAQS. This action does not 

include section 110(a)(2)(I) of the CAA 

which pertains to the nonattainment 

requirements of part D, title I of the 

CAA. EPA is also approving the 

District’s SIP revision addressing the 

requirements of section 128. This SIP 

revision, which consists of 

incorporating the relevant provisions of 

title I, chapter 11A of the District of 

Columbia Official Code (2012 Supp.) in 

the District SIP and removing 

superseded provisions in the SIP under 

40 CFR 50.470(e), meets the 

requirements of section 128. EPA is also 

approving this SIP revision as meeting 

the infrastructure requirements of 

section 110(a)(2)(E)(ii) for the 2008 lead 

NAAQS. The SIP revisions were 

formally and individually submitted on 

July 18, 2013. EPA is publishing this 

rule without prior proposal because 

EPA views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on December 23, 2013 without 

further notice unless EPA receives 

adverse comment by November 21, 

2013. If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

EPA will address all public comments 


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62458 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 

in a subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

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 December 23, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. This 

action, which satisfies certain 

infrastructure requirements of section 

110(a)(2) of the CAA for the 2008 lead 

NAAQS and State Board requirements 

under section 128 of the CAA for the 

District, 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, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 13, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart J—District of Columbia 

■ 2. § 52.470 is amended by: 

■ a. Revising the table heading in 

paragraph (c) to read EPA-Approved 

Regulations and Statutes in the District 

of Columbia SIP. 

■ b. Adding at the end of the table in 

paragraph (c) headings for D.C. Official 

Code and Title I—Chapter 11A 

Government Ethics and Accountability, 

and entries for Sections 1–1161.01 and 

1–1161.23 through 1–1161.25. 

■ c. In paragraph (e): 

■ i. Removing from the table the entry 

‘‘Revisions for conflict of interest 

procedures [CAA Section 128 SIP]’’. 

■ ii. Adding at the end of the table an 

entry ‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2008 Lead 

NAAQS’’. 

■ iii. Adding at the end of the table an 

entry ‘‘CAA section 128 requirements in 

relation to State Boards’’. 

The amendments read as follows: 

§ 52.470 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 62459 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

D.C. Official Code 

Title I—Chapter 11A Government Ethics and Accountability 

Section 1–1161.01 .................. Definitions ............................... 4/27/12 10/22/13 [Insert page number 

where the document begins].

Section 1–1162.23 .................. Conflicts of Interest ................. 4/27/12 10/22/13 [Insert page number 

where the document begins].

Section 1–1162.24 .................. Public Reporting ..................... 4/27/12 10/22/13 [Insert page number 

where the document begins].

Section 1–1162.25 .................. Confidential Disclosure of Financial Interest.4/27/12 10/22/13 [Insert page number 

where the document begins].

* * * * * (e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 2008 

Lead NAAQS.

Statewide ................................ 7/18/13 10/22/13 [Insert Federal Register page number where 

the document begins and 

date].

This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), (D), 

(E), (F), (G), (H), (J), (K), 

(L), and (M), or portions 

thereof. 

CAA section 128 requirements 

in relation to State Boards.

Statewide ................................ 7/18/13 10/22/13 [Insert page number 

where the document begins].

[FR Doc. 2013–24125 Filed 10–21–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2012–0564; FRL–9901–63– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Redesignation of the Canton-Massillon 

Area to Attainment of the 1997 Annual 

Standard and the 2006 24-Hour 

Standard for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving, under the 

Clean Air Act (CAA), the state of Ohio’s 

request to redesignate the CantonMassillon nonattainment area (Canton), 

Stark County, to attainment of the 1997 

annual and 2006 24-hour national 

ambient air quality standards (NAAQS 

or standards) for fine particulate matter 

(PM2.5). On June 26, 2012, the Ohio 

Environmental Protection Agency 

(OEPA) submitted a request for EPA to 

redesignate the Canton nonattainment 

area. EPA determined that the Canton 

area has attained the 1997 annual and 

2006 24-hour PM2.5 standards, and 

proposed on August 7, 2013, to approve 

Ohio’s request to redesignate the area. 

EPA is taking final action today on that 

proposal. EPA is also taking final action 

in this rulemaking on several related 

proposals. EPA is approving, as a 

revision to the Ohio state 

implementation plan (SIP), the state’s 

plan for maintaining the 1997 annual 

and 2006 24-hour PM2.5 NAAQS in the 

area through 2025. Finally, EPA finds 

adequate and is approving Ohio’s 

nitrogen oxides (NOX) and PM2.5 motor 

vehicle emission budgets (MVEBs) for 

2015 and 2025 for the Canton area. EPA 

is also approving the 2005 and 2008 

emissions inventories for primary PM2.5, 

NOX, sulfur dioxide (SO2), volatile 

organic compounds (VOCs) and 

ammonia for the area. EPA, therefore, 

grants Ohio’s request to redesignate the 

Canton area to attainment for the 1997 

annual and 2006 24-hour PM2.5

standards. 

DATES: This rule is effective October 22, 

2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification EPA–R05–OAR–2012– 

0564. All documents in these dockets 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Carolyn Persoon at (312) 

353–8290 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 


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