UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

SUBJECT: District of Columbia, District Department of 

the Environment (DDOE) Nonattainment 

New Source Review NNSR SIP Revision 

Request- Addendum to Technical Support 

FROM: 

Document (TSD) I 

David Talley~ T).JPPJ /6 1.--z.h 

Permits and TecMtical A~s~;s~e~t Branch 

TO: 

Air Protection Di~v si n 

~ i0/&?3/t'f 

Andrew Kreider, A ting, Associate Director 

Office of Permits and Air T oxics 

Approval and Promulgation of Air Quality Implementation 

Plans; District of Columbia; Preconstruction Requirements-Nonattainment 

New Source Review (NSR) 

Subsequent to the development ofthe initial TSD, on October 6, 2014, EPA took final action to 

redesignate the Washington, DC-MD-VA nonattainment area for the 1997 annual PM2.s NAAQS 

to attainment. This absolves the District of any further nonattainment NSR requirements 

pertaining to PM2.s. Therefore, the proposed rulemaking action will be a full approval, rather 

than a limited approval, as described in the original TSD. 
·~~" .. "'"9 U5<>0\IU ..... (Nf 

CPO 

Federal Register/Val. 79, No. 193 /Monday, October 6, 2014/Rules and Regulations 60081 

PART 81-DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

• 3. The authority citation for part 81 

continues to read as follows: 

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

Designated area 

Clark County: 

Subpart C-Sectlon 107 Attainment 

Status Designations 

• 4. Section 81.329 is amended by: • a. Removing in the table under 

"Nevada-TSP," the entry for "Las 

Vegas Valley (212) (15-24S, 56-64E)" ; 

and 

NEVADA-PM-10 

Designation 

Date Type 

Las Vegas planning area ...................................... November 5, 2014 Attainment 

Hydrographic area 212 ......................................... .. ............................ .. 

* * " * * 

[FR Doc. 2014-23623 Filed 1Q-3-14; 8:45am] 

BILLING CODE 656G-5G-P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA-R03-0AR-2014-()148; FRL-9917-39-

Reglon-3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia, Maryland, and Virginia; 

Approval of the Redeslgnation 

Requests and Maintenance Plan of the 

Washington, DC-MD-VA 

Nonattainment Area for the 1997 

Annual Fine Particulate Matter 

Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the requests 

from the District of Columbia (the 

District), the State of Maryland 

(Maryland), and the Commonwealth of 

Virginia (Virginia) (collectively "the 

States") to redesignate to attainment 

their respective portions of the 

Washington, DC-MD-VA 

nonattainment area (hereafter "the 

Washington Area" or "the Area") for the 

1997 annual fine particulate matter 

(PMz.s) National Ambient Air Quality 

Standard (NAAQS or standard). EPA is 

also approving, as a revision to their 

respective State Implementation Plans 

(SIPs), the common maintenance plan 

submitted by the States to show 

maintenance of the 1997 annual PMz.s 

NAAQS through 2025 for the 

Washington Area. The Washington Area 

maintenance plan includes motor 

vehicle emissions budgets (MVEBs) for 

PMz.s and nitrogen oxides (NOx) for the 

Area for the 1997 annual PMz.s 

standard, which EPA is approving for 

transportation conformity purposes. 

These actions are being taken under the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

November 5, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EP A-R03-0AR-2014-0148. 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 

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 lll, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittals are 

available at District of Columbia, 

Department of the Environment, Air 

Quality Division, 1200 1st Street NE., 

5th Floor, Washington, DC 20002; 

Mary land Department of the 

Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230; and Virginia 

Department of Environmental Quality, 

629 East Main Street, Richmond, 

Virginia 23219, respectively. 

• b. Revising in the table und.er 

"Nevada-PM-10," the entry for "Clark 

County" to read as follows: 

§ 81.329 Nevada. 

* * * * * 

Classification 

Date Type 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Velez-Rosa, (215) 814-2038, or 

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

SUPPLEMENTARY INFORMATION: 

I. Background 

The District of Columbia Department 

of the Environment (DDOE), the 

Maryland Department of the 

Environment (MDE), and the Virginia 

Department of Environmental Quality 

(VADEQ) worked together in developing 

a combined document to address the 

requirements for the redesignation to 

attainment of the Washington Area for 

the 1997 annual PMz.s NAAQS. The 

States also developed a common 

maintenance plan as a revision to their 

respective SIPs to ensure continued 

attainment of the 1997 annual PMz.s 

standard in the Washington Area 

throughout 2025. The 1997 annual PMz.s 

redesignation requests and maintenance 

plans for the Washington Area were 

submitted to EPA by DDOE on June 3, 

2013, by MDE on July 10, 2013, and by 

VADEQonJune 3, 2013. The emissions 

inventories included in the Washington 

Area maintenance plans were 

subsequently supplemented by the 

States to provide for emissions estimates 

of VOC and ammonia. The 

supplemental inventories were 

submitted to EPA on July 22, 2013 by 

DDOE, on July 26, 2013 by MDE, and on 

July 17,2013 by VADEQ. In addition, 

the maintenance plan includes the 2017 

and 2025 PMz.s and NOx MVEBs used 

for transportation conformity purposes 

for the entire Washington Area for the 

1997 annual PMz.s NAAQS. 

On August 8, 2014 (79 FR 45735), 

EPA published a notice of proposed 

rulemaking (NPR), proposing to take 

several rulemaking actions related to the 

redesignation of the Washington Area to 
60082 Federal Register/Val. 79, No. 193/Monday, October 6, 2014/Rules and Regulations 

attainment for the 1997 annual PM2.s 

NAAQS. First, EPA proposed to find 

that the States met the requirements for 

redesignation of the Washington Area 

for the 1997 annual PM2.s NAAQS 

under section 107(d)(3)(E) of the CAA. 

Second, EPA proposed to approve the 

Washington Area's maintenance plan 

for the Area as a revision to the District, 

Virginia, and Maryland SIPs for the 

1997 annual PMz.s NAAQS. Third, EPA 

proposed to approve the MVEBs for 

PM2.s and NOx emissions for the 1997 

annual PM2.s standard, which are 

included as part ofthe Washington 

Area's maintenance plan. Finally, EPA 

proposed to find that the Washington 

Area continues to attain the 1997 annual 

PM2,s standard. 

In the August 8, 2014 NPR, EPA 

considered the effects of three legal 

decisions on the approval of the 

redesignation requests and maintenance 

plan: (1) Collectively, the decisions in 

EME Homer City Generation, L.P. v. 

EPA, 696 F.3d 7 (D.C. Cir. 2012), rev'd, 

No. 12-1182 (S. Ct. April 29, 2014) from 

the United States Court of Appeals for 

the District of Columbia (D.C. Circuit 

Court) and the United States Supreme 

Court with respect to the Cross-State Air 

Pollution Rule (CSAPR); and (2) the 

January 4, 2013, D.C. Circuit decision 

remanding to EPA the "Final Clean Air 

Fine Particle Implementation Rule" (72 

FR 20586, April 25, 2007) and the 

"Implementation ofthe New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PMz.sl" final rule (73 FR 28321, May 

16, 2008) (collectively, "1997 PMz.s 

Implementation Rule"). Natural 

Resources Defense Council (NRDC) v. 

EPA, 706 F.3d 428 (D.C. Cir. 2013). 

Specific details of the States' 

submittals and the rationale for EPA's 

proposed actions are explained in the 

NPR and will not be restated here. No 

adverse public comments were received 

on the NPR. 

II. General Information Pertaining to 

SIP Submittals From the 

Commonwealth of Virginia 

In 1995, Virginia adopted legislation 

that provides, subject to certain 

conditions, for an environmental 

assessment (audit) "privilege" for 

voluntary compliance evaluations 

performed by a regulated entity. The 

legislation further addresses the relative 

burden of proof for parties either 

asserting the privilege or seeking 

disclosure of documents for which the 

privilege is claimed. Virginia's 

legislation also, provides, subject to 

certain conditions, for a penalty waiver 

for violations of environmental laws 

when a regulated entity discovers such 

I 

I 

violations pursuant to a voluntary 

compliance evaluation and voluntarily 

discloses such violations to the 

Commonwealth and takes prompt and 

appropriate measures to remedy the 

violations. Virginia's Voluntary 

Environmental Assessment Privilege 

Law, Va. Code Sec. 10.1-1198, provides 

a privilege that protects from disclosure 

documents and information about the 

content of those documents that are the 

product of a voluntary environmental 

assessment. The Privilege Law does not 

extend to documents or information 

that: (1) Are generated or developed 

before the commencement of a 

voluntary environmental assessment; (2) 

are prepared independently of the 

assessment process; (3) demonstrate a 

clear, imminent and substantial danger 

to the public health or environment; or 

(4) are required by law. 

On January 12, 1998, the 

Commonwealth of Virginia Office of the 

Attorney General provided a legal 

opinion that states that the Privilege 

law, Va. Code Sec. 10.1-1198, precludes 

granting a privilege to documents and 

information "required by law," 

including documents and information 

"required by Federal law to maintain 

program delegation, authorization or 

approval," since Virginia must "enforce 

Federally authorized environmental 

programs in a manner that is no less 

stringent than their Federal 

counterparts. * * *"The opinion 

concludes that "[r]egarding § 10.1-1198, 

therefore, documents or other 

information needed for civil or criminal 

enforcement under one of these 

programs could not be privileged 

because such documents and 

information are essential to pursuing 

enforcement in a manner required by 

Federal law to maintain program 

delegation, authorization or approval." 

Virginia's Immunity law, Va. Code 

Sec. 10.1-1199, provides that "[t]o the 

extent consistent with requirements 

imposed by Federal law," any person 

making a voluntary disclosure of 

information to a state agency regarding 

a violation of an environmental statute, 

regulation, permit, or administrative 

order is granted immunity from 

administrative or civil penalty. The 

Attorney General's January 12, 1998 

opinion states that the quoted language 

renders this statute inapplicable to 

enforcement of any Federally authorized 

programs, since "no immunity could be 

afforded from administrative, civil, or 

criminal penalties because granting 

such immunity would not be consistent 

with Federal law, which is one of the 

criteria for immunity." 

Therefore, EPA has determined that 

Vhginia's Privilege and Immunity I 

statutes will not preclude the 

Commonwealth from enforcing its 

program consistent with the Federal 

requirements. In any event, because 

EPA has also determined that a state 

audit privilege and immunity law can 

affect only state enforcement and cannot 

have any impact on Federal 

enforcement authorities, EPA may at 

any time invoke its authority under the 

CAA, including, for example, sections 

113, 167, 205, 211 or 213, to enforce the 

requirements or prohibitions of the state 

plan, independently of any state 

enforcement effort. In addition, citizen 

enforcement under section 304 of the 

CAA is likewise unaffected by this, or 

any, state audit privilege or immunity 

law. 

III. Final Action 

EPA is approving the requests 

submitted by the District of Columbia, 

the Commonwealth of Virginia, and the 

State of Maryland to redesignate from 

nonattainment to attainment their 

respective portions of the Washington 

Area for the 1997 annual PMz.s NAAQS. 

EPA has evaluated the States' 

redesignation requests and determined 

that they meet the redesignation criteria 

set forth in section 107(d)(3)(E) of the 

CAA for the 1997 annual PMz.s 

standard. In this final rulemaking 

action, EPA finds that the Washington 

Area is attaining and will continue to 

attain the 1997 annual PMz.s NAAQS. 

EPA is also approving the common 

maintenance plan for the Washington 

Area submitted by the States as 

revisions to their respective SIPs for the 

1997 annual PM2.s standard, as the plan 

meets the requirements of CAA section 

175A for the standard. Furthermore, 

EPA is approving the 2017 and 2025 

MVEBs for PM2.s and NOx submitted by 

the States for the Washington Area for 

transportation conformity 

determinations with respect to the 1997 

annual PM2.5 NAAQS. Final approval of 

the redesignation requests will change 

the official designations of the 

Washington Area, from nonattainment 

to attainment as found at 40 CFR part 

81, for each of the States for the 1997 

annual PMz.s NAAQS, and will 

incorporate into the States SIPs the 

maintenance plan ensuring continued 

attainment ofthe 1997 annual PM2.s 

NAAQS in the Area for the next 10 

years, until 2025. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 
Federal Register/Val. 79, No. 193/Monday, October 6, 2014/Rules and Regulations 60083 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act 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, April23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

Name of non-regulatory SIP revision 

• 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 5, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

Applicable geographic 

area 

State 

submittal 

date 

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, in 

which EPA is approving the 

redesignation requests and maintenance 

plan submitted by the District of 

Columbia, the Commonwealth of 

Virginia, and the State of Maryland for 

the 1997 annual PMz.s NAAQS 

Washington Area, may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen oxides, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: September 15, 2014. 

William C. Early, 

Acting Regional Administrator, Region III. 

40 CFR parts 52 and 81 are 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-Distrlct of Columbia 

• 2. In§ 52.470, the table in paragraph 

(e) is amended by adding an entry for 

the 1997 Annual PMz.s Maintenance 

Plan for the District of Columbia Portion 

of the Washington, DC-MD-VA Area at 

the end of the table to read as follows: 

§52.470 Identification of plan. 

* * * * 

(e) * * * 

EPA approval date 

* 

Additional 

explanation 

Maintenance plan for the District of Columbia Por- District of Columbia ........ lion of the Washington, DC-MD-VA Nonattain06/03/13 1 0/6/14 [ Insert Federal See §52.477(b). 

07/22/13 Register Citation]. 

ment Area for the 1997 annual fine particulate 

matter (PM2.s) National Ambient Air Quality 

Standard. 
60084 Federal Register I Vol. 79, No. 193 I Monday, October 6, 2014 I Rules and Regulations 

• 3. Section 52.477 is revised to read as 

follows: 

§52.477 Control strategy: Particular 

matter. 

(a) Determination of Attainment. EPA 

has determined, as of January 12, 2009, 

that the District of Columbia portion of 

the Metropolitan Washington, DC-MDVA nonattainment area for the 1997 

PMz.s NAAQS has attained the 1997 

PM2 s NAAQS. This determination, in 

accordance with 40 CFR 52.1004(c), 

suspends the requirements for this area 

to submit an attainment demonstration 

and associated reasonably available 

control measures, a reasonable further 

progress plan, contingency measures, 

and other planning SIPs related to 

attainment of the standard for as long as 

the area continues to attain the 1997 

PM2.s NAAQS. (b) Maintenance Plan and 

Transportation Conformity Budgets. 

EPA approves the maintenance plan for 

the District of Columbia portion of the 

Washington, DC-MD-VA 

nonattainment area for the 1997 annual 

PM2•5 NAAQS submitted by the District 

of Columbia for the entire Area on June 

3, 2013 and supplemented on July 22, 

2013. The MVEBs are based on a tiered 

approach: Tier 1 MVEBs are effective as 

EPA has determined them adequate for 

transportation conformity purposes; 

Tier 2 mobile budgets will become 

effective upon the completion of the 

interagency consultation process and 

fully documented within the first 

conformity analysis that uses the Tier 2 

MVEBs. 

WASHINGTON, DC-MD-VA PM2 .s AREA'S TIER 1 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PMz.s 

NAAQS, (TPY) 

Effective 

Type of control strategy SIP Year NOx PM2s date of SIP 

approval 

Maintenance Plan ••••• ••• • ••••••• • o oo ooo-u•o • • •-• •• ooooo uo oooooooooooo o••• ••••••••••••oooooo oo oo••••••••••••••••• 2017 41,709 1,787 11/5/14 

2025 27,400 1,350 

WASHINGTON, DC-MD-VA PM2 .s AREA'S TIER 2 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.s 

NAAQS, (TPY) 

Type of control strategy SIP Year NOx 

Maintenance Plan .. ................. ........... ........... ..................... 2017 50,051 

Subpart V-Maryland 

• 4. In§ 52.1070, the table in paragraph 

(e) is amended by adding an entry for 

Name of non-regulatory SIP revision 

2025 32,880 

the 1997 Annual PMz5 Maintenance 

Plan for the Maryland portion of the 

Washington, DC-MD-V A Area at the 

end of the table to read as follows: 

Applicable geographic 

area 

State 

submittal 

date 

PMz.s Effective date of SIP approval 

2,144 Contingent and effective upon 

interagency consultation. 1,586 

§ 52.1070 Identification of plan. 

* * * 

(e) * * * 

EPA approval date 

* 

Additional 

explanation 

Maintenance plan for the Maryland Portion of the Statewide ....................... . 07/10/13 10/6/14 [Insert Federal See §52.1081(d). 

Washington, DC-MD-VA Nonattainment Area for 

the 1997 annual fine particulate matter (PM2 s) 

National Ambient Air Quality Standard. 

07/26/13 Register Citation). 

* * * * * 

• 5. Section 52.1081 is amended by 

adding paragraph (d) to read as follows: 

§52.1081 Control strategy: Particular 

matter. 

* * * * * 

(d) Maintenance Plan and 

Transportation Conformity Budgets. 

EPA approves the maintenance plan for 

the Maryland portion of the 

Washington, DC-MD-VA 

nonattainment area for the 1997 annual 

PMz..s NAAQS submitted by the State of 

Maryland for the entire Area on July 10, 

2013 and supplemented on July 26, 

2013. The maintenance plan includes 

motor vehicle emission budgets 

(MVEBs) to be applied to all future 

transportation conformity 

determinations and analyses for the 

entire Washington, DC-MD-VA PMz.s 

Area for the 1997 PM2.s NAAQS. The 

MVEBs are based on a tiered approach: 

Tier 1 MVEBs are effective as EPA has 

determined them adequate for 

transportation conformity purposes; 

Tier 2 mobile budgets will become 

effective upon the completion of the 

interagency consultation process and 

fully documented within the first 

conformity analysis that uses the Tier 2 

MVEBs. 
Federal Register/Val. 79, No. 193/Monday, October 6, 2014/Rules and Regulations 60085 

WASHINGTON, DC-MD-VA PM2.s AREA'S TIER 1 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.s 

NAAQS, (TPY) 

Effective 

Type of control strategy SIP Year NOx PMz.s date of SIP 

approval 

Maintenance Plan ~·• •••• •• •• ••• •• •• ••• •• ••• •••• ••• •• •• •• •• ••• •• •l •• ••• ••• •• uul o• ••• 2017 41,709 1,787 11/5/14 

2025 27,400 1,350 

WASHINGTON, DC-MD-VA PM2.s AREA'S TIER 2 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.s 

NAAQS, (TPY) 

Type of control strategy SIP Year NOx 

Maintenance Plan .............................. ................................ 2017 50,051 

Subpart VV-Virginia 

• 6. In§ 52.2420, the table in paragraph 

(e) is amended by adding an entry for 

Name of non·regulatory SIP revision 

2025 32,880 

the 1997 Annual PMz.s Maintenance 

Plan for the Virginia Portion of the 

Washington, DC-MD-VA Area at the 

end of the table to read as follows: 

Applicable geographic area 

State 

submittal 

date 

PMz.s Effective date of SIP approval 

2,144 Contingent and effective upon 

interagency consultation. 

1,586 

§ 52.2420 Identification of plan. 

.. * * * 

(e) * * * 

EPA approval date 

* 

Additional 

explanation 

Maintenance plan for the Virginia Portion of the Statewide ....................... . 06/03/13 10/6/14 [Insert Federal See §52.2429(b). 

Washington, DC-MD-VA Nonattainment Area for 

the 1997 Annual PMz.s National Ambient Air 

Quality Standard. 

07/17/13 Register Citation]. 

* * * * * • 7. Section 52.2429 is amended by 

designating the existing text as 

paragraph (a) and adding paragraph (b). 

The addition reads as follows: 

§ 52.2429 Control strategy: Particular 

maHer. 

* * * * * 

(b) Maintenance Plan and 

Transportation Conformity Budgets. 

EPA approves the maintenance plan for 

the Virginia portion of the Washington, 

DC-MD-VA nonattainment area for the 

1997 annual PM2.s NAAQS submitted 

by the Commonwealth of Virginia for 

the entire Area on June 6, 2013 and 

supplemented on July 17, 2013. The 

maintenance plan includes motor 

vehicle emission budgets (MVEBs) to be 

applied to all future transportation 

conformity determinations and analyses 

for the entire Washington, DC-MD-VA 

PMz.s Area for the 1997 PMz.s NAAQS. 

The MVEBs are based on a tiered 

approach: Tier 1 MVEBs are effective as 

EPA has determined them adequate for 

transportation conformity purposes; 

Tier 2 mobile budgets will become 

effective upon the completion of the 

interagency consultation process and 

fully documented within the first 

conformity analysis that uses the Tier 2 

MVEBs. 

WASHINGTON, DC-MD-VA PM2.s AREA'S TIER 1 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.s 

NAAQS, (TPY) 

Effective 

Type of control strategy SIP Year NOx PMzs date of SIP 

approval 

Maintenance Plan ································································································ 2017 41,709 1,787 11/5/14 

2025 27,400 1,350 

WASHINGTON, DC-MD-VA PM2.s AREA'S TIER 2 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.s 

NAAQS, (TPY) 

Type of control strategy SIP Year NOx PMz.s Effective date of SIP approval 

Maintenance Plan .............................................................. 2017 50,051 2,144 Contingent and effective upon 

interagency consultation. 

2025 32,880 1,586 
60086 Federal Register/Val. 79, No. 193/Monday, October 6, 2014/Rules and Regulations 

PART 81-DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

Authority: 42 U.S.C. 7401 et seq. § 81.309 District of Columbia. 

• 8. The authority citation for part 81 

continues to read as follows: 

• 9. In§ 81.309, revise the table for 

"District ofColumbia-1997 Annual 

PMz.s NAAQS [Primary and secondary]" 

to read as follows: 

• * 

DISTRICT OF COLUMBIA-1997 ANNUAL PM2.s NAAQS 

[Primary and secondary] 

* 

Designation a 

Designated area 

Washington, DC-MD:-VA: 

District of Columbia ..................................................................................................... .. 

a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 2005, unless otherwise noted. 

Date 1 Type 

10/6/14 Attainment 

• 

* * * * * removing footnote number 2 in the table 

and revising the entries for the 

Washington, DC-MD-VA Area to read 

as follows: 

§81.321 Maryland. 

• 10. In§ 81.321, the table for 

Maryland-1997 Annual PMz s NAAQS 

[Primary and secondary] is amended by 

* * * 

MARYLAND--1997 ANNUAL PM2.s NAAQS 

[Primary and secondary] 

Designated area 

Washington, DC-MD-VA: 

Charles County ............. .. ......... .................................................. .................................. . 

Frederick County ...................... .................................................................................... . 

Montgomery County ................................................................... ................................. .. 

Prince George's County ............................................................................................... . 

a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 2005, unless otherwise noted. 

Designation a 

Date 1 Type 

1 0/6/14 Attainment 

1 0/6/14 Attainment 

1 0/6/14 Attainment 

10/6/14 Attainment 

* 

* * * * * and secondary] is amended by removing 

footnote number 2 in the table and 

revising the entries for the Washington, 

DC-MD-VA Area to read as follows: 

§ 81.347 Virginia. 

• 11. In§ 81.347, the table for Virginia1997 Annual PMz.s NAAQS [Primary 

VIRGINIA-1997 ANNUAL PM2.s NAAQS 

[Primary and secondary] 

* * * 

Designation a 

Designated area Date1 Type 

Washington, DC-MD-VA: 

Arlington County ........................................................................................................... . 10/6/14 Attainment 

Fairfax County ............................................................................................................. .. 10/6/14 Attainment 

Loudoun County .......................................................................................................... .. 10/6/14 Attainment 

Prince William County ................................................................................................... . 10/6/14 Attainment 

Alexandria City ............................................................................................................. . 10/6/14 Attainment 

Fairfax City .. ......... ....................................................................................................... .. 10/6/14 Attainment 

Falls Church City .......................................................................................................... . 10/6/14 Attainment 

Manassas City ............................................................................................................. .. 10/6/14 Attainment 

Manassas Park City ................................................................... ......... .. ....................... . 10/6/14 Attainment 

a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 20op, unless otherwise noted. · 

* 

Classification 

Date Type 

* 

Classification 

Date Type 

• 

Classification 

Date Type 
Federal Register/Val. 79, No. 193/Monday, October 6, 2014/Rules and Regulations 60087 

* * * * * 

[FR Doc. 2014-23624 Filed 10-3-14; 8:45am] 

BILLING CODE 656D-5D-P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 312 

[EPA-HQ-SFUND-2014-0474; FRL-9917-

28-0SWER) 

Amendment to Standards and 

Practices for All Appropriate Inquiries 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the 

standards and practices for conducting 

all appropriate inquiries under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) to remove the reference 

to ASTM International's E1527-05 

standard practice. This 2005 standard 

practice was replaced with an updated 

standard, the E1527-13, by ASTM 

International, a widely recognized 

standards development organization. 

Specifically, EPA is amending the "All 

Appropriate Inquiries Rule" to remove 

the reference to ASTM International's 

E1527-05 "Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process." 

DATES: The effective date for this action 

is October 6, 2015. 

ADDRESSES: Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the HQ EPA Docket 

Center, EPA/DC, EPA WJC West, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC. The Public Reading 

Room at this docket facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. The 

telephone number for the Public 

Reading Room is (202) 566-1744, and 

the telephone number for the Superfund 

Docket is (202) 566-9744. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

CERCLA Call Center at 800-424-9346 or 

TDD 800-553-7672 (hearing impaired). 

In the Washington, DC metropolitan 

area, call 703-412-9810 or TDD 703-

412-3323. For more detailed 

information on specific aspects of this 

rule, contact Patricia Overmeyer, Office 

of Brownfields and Land Revitalization 

(5105T), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460-0002, 202-

566-2774, overmeyer.patricia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Regulated Entities 

II. Statutory Authority 

III. Background 

IV. Sununary ofConunents and EPA 

Responses 

V. Overview of Today's Action 

VI. Effective Date of Final Action 

VII. Statutory and Executive Order Reviews 

I. Regulated Entities 

The EPA is removing the reference to 

the 2005 ASTM standard in the All 

Appropriate Inquiries Rule at 40 CFR 

part 312 (70 FR 66070, as amended). In 

November 2013, ASTM International 

replaced its 2005 standard (ASTM 

E1527-05 "Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process") with an updated standard, 

ASTM E1527-13 "Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process." The updated 2013 standard is 

a currently recognized industry 

consensus-based standard to conduct all 

appropriate inquiries as provided under 

CERCLA. In December 2013, EPA 

published a final rule indicating that 

parties who acquire potentially 

contaminated properties and 

brownfields grantees using EPA 

brownfield grant funding to conduct site 

characterizations and assessments may 

use the ASTM E1527-13 standard 

practice when conducting all 

appropriate inquiries pursuant to 

CERCLA (78 FR 79319). Today's rule 

does not include any changes to the 

standards and practices included in the 

All Appropriate Inquiries Rule (AAI 

Rule). Any party who wants to meet the 

provisions under CERCLA to conduct 

all appropriate inquiries may follow the 

standards and procedures set forth in 

the AAI Rule at 40 CFR part 312 or use 

the new ASTM E1527-13 standard, as 

provided in the AAI Rule. 

Persons potentially affected by this 

action are those who perform all 

appropriate inquiries, including public 

and private entities who intend to claim 

protection from CERCLA liability as 

bona fide prospective purchasers, 

contiguous property owners, or 

innocent landowners. In addition, any 

person conducting a site 

characterization or assessment on a 

property with a brownfields grant 

awarded under CERCLA section 

104(k)(2)(B)(ii) may be affected by 

today's action. This includes state, local 

and tribal governments that receive 

brownfields site assessment grants. A 

summary of the potentially affected 

industry sectors (by North American 

Industry Classification System (NAICS) 

codes) is displayed in the table below. 

Industry category 

Real Estate ......... 531 

Insurance ............ 52412 

Banking/Real Es- 52292 

tate Credit. 

Environmental 54162 

Consulting 

SeiVices. 

NAICS code 

State, Local and 926110, 925120 

Tribal Government. 

Federal Govern- 925120, 921190, 924120 

ment. 

The list of potentially affected persons 

in the above table may not be 

exhaustive. Our aim is to provide a 

guide for readers regarding those 

entities that EPA is aware potentially 

could be affected by this action. 

II. Statutory Authority 

Today's· action, which amends the 

AAI Rule at 40 CFR part 312 setting 

Federal standards for the conduct of "all 

appropriate inquiries," is authorized 

under section 101(35)(B) ofCERCLA (42 

U.S.C. 9601), as amended by the Small 

Business Liability Relief and 

Brownfields Revitalization Act of 2002. 

III. Background 

On January 11, 2002, President Bush 

signed the Small Business Liability 

Relief and Brownfields Revitalization 

Act, Public Law 107-118 ("the 

Brownfields Amendments"), which 

amended CERCLA. In general, the 

Brownfields Amendments provide 

funds to assess and clean up 

brownfields sites; clarify CERCLA 

liability provisions related to certain 

purchasers of contaminated properties; 

and provide funding to enhance state 

and tribal cleanup programs. Subtitle B 

of the Brownfields Amendments added 

new limitations on CERCLA liability 

under section 107 for bona fide 

prospective purchasers and contiguous 

property owners and clarified the 

requirements necessary to establish the 

innocent landowner defense under 

CERCLA. The Brownfields Amendments 

also revised section 101(35) of CERCLA 

to provide that parties acquiring 

contaminated or potentially 

contaminated property must undertake 

"all appropriate inquiries" into prior 

ownership and use of the property prior