54504 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations 

EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS

Name of 

non-regulatory 

SIP revision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date EPA Approval date Explanation 

*******

(45) Sections 

110(a)(1) and (2) 

Infrastructure Requirements 1997 

PM2.5 NAAQS.

Statewide ............................ 3/21/08 8/16/16 [Insert Federal 

Register citation].

This action addresses the following CAA 

elements: 110(a)(2)(A), (B), (C), 

(D)(i)(II), prong 3, (E), (F), (G), (H), (J), 

(K), (L), and (M). 110(a)(2)(I) is not applicable. 

(46) Sections 

110(a)(1) and (2) 

Infrastructure Requirements 2006 

PM2.5 NAAQS.

Statewide ............................ 7/23/13 8/16/16 [Insert Federal 

Register citation].

This action addresses the following CAA 

elements: 110(a)(2)(A), (B), (C), 

(D)(i)(II), prong 3, (E), (F), (G), (H), (J), 

(K), (L), and (M). 110(a)(2)(I) is not applicable. 

[FR Doc. 2016–19386 Filed 8–15–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0350; FRL–9950–73– 

Region 3] 

Air Plan Approval; DC; Infrastructure 

Requirements for the 2012 PM2.5

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

District of Columbia (the District) state 

implementation plan (SIP). Whenever 

new or revised national ambient air 

quality standards (NAAQS) are 

promulgated, the Clean Air Act (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 a submittal addressing the 

infrastructure requirements for the 2012 

annual fine particulate matter (PM2.5) 

NAAQS. EPA is approving these 

revisions addressing the infrastructure 

requirements for the 2012 PM2.5 NAAQS 

in accordance with the requirements of 

the CAA. 

DATES: This rule is effective on October 

17, 2016 without further notice, unless 

EPA receives adverse written comment 

by September 15, 2016. 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 No. EPA–R03– 

OAR–2016–0350 at http://

www.regulations.gov, or via email to 

Fernandez.cristina@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision 

On December 28, 2015, the District 

submitted a formal SIP revision to its 

SIP. The District’s SIP revision 

submittal addresses the following 

infrastructure elements for the 

implementation of the 2012 annual 

PM2.5 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 submittal does 

not address section 110(a)(2)(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 CAA section 

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

separate process. 

II. Summary of EPA’s Rationale for 

Proposing Approval 

In accordance with 40 CFR part 51, 

appendix V, EPA found that the 

District’s December 28, 2015 

infrastructure SIP submittal is 

technically incomplete for the portions 

addressing the infrastructure elements 

in section 110(a)(2)(C), (D)(i)(II), (D)(ii), 

and (J) relating to the permitting 

program for prevention of significant 

deterioration (PSD), because the District 

has not adequately addressed the 

requirements of part C of title I of the 

CAA for having a SIP approved PSD 

permit program. EPA found the 

remainder of the SIP submittal to be 

administratively and technically 

complete. On May 11, 2016, EPA sent a 

letter to the District Department of 

Environment and Energy (DDOEE) 

notifying the District of this 

determination. 

As a result of this incompleteness 

finding, EPA is not taking rulemaking 

action on the PSD related portions of 

section 110(a)(2)(C), (D)(i)(II), (D)(ii), 

and (J) for the 2012 annual PM2.5

NAAQS, until the District through 

DDOEE submits a SIP to address the 

PSD permit program requirements of 

part C of title I of the CAA. EPA 

recognizes, however, that the District is 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations 54505 

1On August 7, 1980 (45 FR 52676, at 52741), EPA 

disapproved a number of states SIPs for PSD 

purposes, including the District of Columbia, and 

incorporated by reference portions of the federal 

PSD provisions in 40 CFR 52.21 into the 

implementation plans for those states. This FIP was 

subsequently amended to reflect amendments to the 

federal PSD rule, on March 10, 2003 (68 FR 11316, 

at 11322) and December 24, 2003 (68 FR 74483, at 

74488). The PSD FIP is incorporated by reference 

in the District SIP in 40 CFR 52.499. 

already subject to a Federal 

Implementation Plan (FIP) containing 

the federal PSD program to correct the 

SIP deficiency and that DDOEE would 

not have to take further action for the 

FIP based permitting process to 

continue operating, as incorporated by 

reference in the District SIP in 40 CFR 

52.499.1 EPA’s PSD FIP for the District 

consists of the implementation of the 

federal PSD provisions as codified in 40 

CFR 51.21, with the exception of 

paragraph (a)(1). 

EPA does not anticipate any adverse 

consequences to DDOEE as a result of 

this incompleteness finding for the PSD 

related portions of section 110(a)(2)(C), 

(D)(i)(II), (D)(ii), and (J) for the District’s 

2012 annual PM2.5 infrastructure SIP 

revision. First, mandatory sanctions 

would not apply to the District under 

CAA section 179 because the failure to 

submit a PSD SIP is neither required 

under title I part D of the CAA, nor in 

response to a SIP call under section 

110(k)(5) of the CAA. Second, EPA is 

not subject to any further FIP duty from 

our finding of incompleteness because 

of the PSD FIP that is already been 

approved, which addresses the SIP 

deficiency. 

EPA finds that the remainder of the 

District’s December 28, 2015 

infrastructure submittal provides the 

basic program elements specified in 

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

to implement, maintain, and enforce the 

2012 annual PM2.5 NAAQS. A detailed 

summary of EPA’s review and rationale 

for approving the District’s 

infrastructure SIP submittal for the 2012 

annual PM2.5 NAAQS may be found in 

the technical support document (TSD) 

for this rulemaking action which is 

available on line at 

www.regulations.gov, Docket ID Number 

EPA–R03–OAR–2016–0350. 

III. Final Action 

EPA is approving the District’s 

December 28, 2015 infrastructure 

submittal for the 2012 annual PM2.5

NAAQS as meeting the requirements of 

section 110(a)(2) of the CAA, including 

specifically section 110(a)(2)(A), (B), (C), 

(D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M) for this 

NAAQS, with the exception of the 

requirements related to the PSD 

permitting program of part C, title I of 

the CAA in section 110(a)(2)(C), 

(D)(i)(II), (D)(ii), and (J). This rulemaking 

does not include action on section 

110(a)(2)(I) which pertains to the 

nonattainment planning 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 

section 110(a)(1) of the CAA, and will 

be addressed in a separate process 

where necessary and applicable. 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 

October 17, 2016 without further notice 

unless EPA receives adverse comment 

by September 15, 2016. 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 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. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

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). 

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 17, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 


asabaliauskas on DSK3SPTVN1PROD with RULES
54506 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations 

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 2012 annual PM2.5 NAAQS 

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, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: August 4, 2016. 

Shawn M. Garvin, 

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 

In § 52.470, the table in paragraph (e) 

is amended by adding an entry for 

Section 110(a)(2) Infrastructure 

Requirements for the 2012 PM2.5

NAAQS to read as follows: 

§ 52.470 Identification of plan. 

* * * * * 

(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 2012 

PM2.5 NAAQS.

District of Columbia ..... 12/28/15 8/16/16, [Insert Federal 

Register citation].

This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(I), D(i)(II), 

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

related portions are addressed by FIP in 40 

CFR 52.499. 

* * * * * * * 

[FR Doc. 2016–19390 Filed 8–15–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0210; FRL–9950–71– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Case-by-Case Reasonably Available 

Control Technology for the 2008 8- 

Hour Ozone National Ambient Air 

Quality Standard (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Commonwealth of Virginia’s state 

implementation plan (SIP). The SIP 

revision includes revised Virginia 

regulations which incorporate 

compliance dates necessary for 

implementing planning requirements 

for the 2008 8-hour ozone national 

ambient air quality standard (NAAQS). 

Specifically, the SIP revision includes 

revised Virginia regulations which 

added notification and compliance 

dates for sources seeking case-by-case 

reasonably available control technology 

(RACT) determinations required under 

the 2008 8-hour ozone NAAQS. EPA is 

approving this revision to the Virginia 

SIP in accordance with the requirements 

of the Clean Air Act (CAA). 

DATES: This rule is effective on October 

17, 2016 without further notice, unless 

EPA receives adverse written comment 

by September 15, 2016. 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 No. EPA–R03– 

OAR–2016–0210 at http://

www.regulations.gov, or via email to 

fernandez.cristina@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Leslie Jones Doherty, (215) 814–3409, or 

by email at jones.leslie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 5, 2016, the 

Commonwealth of Virginia, through the 

Virginia Department of Environmental 

Quality (VADEQ), submitted a formal 

revision to the Virginia SIP. The SIP 

revision submittal includes revised 

provisions within 9VAC5 Chapter 40, 

Existing Stationary Sources, to include 

revised notification and compliance 

dates for sources subject to RACT for the 

2008 8-hour ozone NAAQS to submit a 

case-by-case RACT demonstration to 

VADEQ. 

On March 27, 2008, EPA revised the 

8-hour ozone standard to a new 0.075 


asabaliauskas on DSK3SPTVN1PROD with RULES