This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

75845 

Vol. 80, No. 233 

Friday, December 4, 2015 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0931; FRL–9939–29– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Attainment Demonstration 

for the Baltimore 8-Hour Ozone 

Moderate Nonattainment Area; 

Withdrawal of Proposed Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of proposed rule. 

SUMMARY: The EPA is withdrawing its 

proposed rule to disapprove Maryland’s 

June 4, 2007 ozone attainment 

demonstration for the Baltimore Area. 

This withdrawal action is being taken 

under section 110 of the CAA. 

DATES: The proposed rule published on 

May 8, 2009 (74 FR 21594), regarding 

the ozone attainment demonstration 

portion of Maryland’s June 4, 2007 

comprehensive SIP revision request for 

the Baltimore Area, is withdrawn as of 

December 4, 2015. 

ADDRESSES: EPA has established docket 

number EPA–R03–OAR–2008–0931 for 

this action. The index to the docket is 

available electronically at http://

www.regulations.gov and in hard copy 

at Air Protection Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, 215–814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 8, 

2009 (74 FR 21594), EPA published a 

proposed rule to disapprove the ozone 

attainment demonstration portion of a 

comprehensive State Implementation 

Plan (SIP) revision request submitted by 

the State of Maryland on June 4, 2007 

to meet the Clean Air Act (CAA) 

requirements for attaining the 1997 8- 

hour ozone National Ambient Air 

Quality Standard (NAAQS) for the 

Baltimore moderate nonattainment area 

(Baltimore Area). On May 26, 2015 (80 

FR 29970), EPA determined that the 

Baltimore Area attained the 1997 8-hour 

ozone NAAQS, thereby suspending the 

area’s obligations to submit an 

attainment demonstration and other 

planning requirements related to 

attainment of the 1997 8-hour ozone 

NAAQS for as long as the area continues 

to attain the standard. On October 20, 

2015, the State of Maryland withdrew 

the attainment demonstration (including 

modeling and weight of evidence), 2009 

attainment year inventory, contingency 

measures for attainment, and 2009 

transportation conformity budgets 

contained in Maryland’s June 4, 2007 

SIP revision request. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: November 10, 2015. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2015–30100 Filed 12–3–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0750; FRL- 9939–65- 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Interstate Pollution 

Transport Requirements for the 2010 

Nitrogen Dioxide Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the District of 

Columbia (the District). This revision 

pertains to the infrastructure 

requirement for interstate transport 

pollution with respect to the 2010 

nitrogen dioxide (NO2) National 

Ambient Air Quality Standards 

(NAAQS). This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before January 4, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2015–0750 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–2015–0750 

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–2015– 

0750. 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 


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75846 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Proposed Rules 

1 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act Sections 110(a)(1) and 110(a)(2),’’ 

Memorandum from Stephen D. Page, September 13, 

2013. This guidance is available online at http://

www.epa.gov/oar/urbanair/sipstatus/docs/

Guidance_on_Infrastructure_SIP_Elements_

Multipollutant_FINAL_Sept_2013.pdf. 

2On September 25, 2009, EPA issued ‘‘Guidance 

on SIP Elements Required Under Sections 110(a)(l) 

and (2) for the 2006 24-Hour Fine Particle (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS),’’ Memorandum from William T. Hartnett, 

Director, Air Quality Policy Division. This guidance 

provided that each state’s SIP submission for the 

2006 24-hour PM2.5 NAAQS must discuss whether 

emissions from the state significantly contribute to 

nonattainment of the NAAQS or interference with 

maintenance of the NAAQS in any other state and 

must address any such impact. This guidance is 

available online at http://www.epa.gov/ttn/caaa/t1/ 

memoranda/20090925_harnett_pm25_sip_

110a12.pdf. 

3See 80 FR 2865 (January 21, 2015) (EPA’s 

rulemaking action proposing approval of portions of 

the District’s infrastructure SIP submissions for the 

2008 ozone NAAQS and the 2010 NO2 and sulfur 

dioxide (SO2) NAAQS). 

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 in 

www.regulations.gov or may be viewed 

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 Energy and Environment, 

Air Quality Division, 1200 1st Street 

NE., 5th floor, Washington, DC 20002. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Velez-Rosa, (215) 814–2038, or 

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

SUPPLEMENTARY INFORMATION: On June 6, 

2014, the District Department of Energy 

and the Environment (DDOEE) 

submitted a SIP revision addressing the 

infrastructure requirements for the 2010 

NO2 NAAQS. 

I. Background 

A. General 

Whenever new or revised NAAQS are 

promulgated, the CAA requires states to 

submit a plan for the implementation, 

maintenance, and enforcement of such 

NAAQS. The plan is required to address 

basic program elements, including, but 

not limited to, regulatory structure, 

monitoring, modeling, legal authority, 

and adequate resources necessary to 

assure attainment and maintenance of 

the standards. These elements are 

referred to as infrastructure 

requirements. 

On February 9, 2010 (75 FR 6474), 

EPA established a new 1-hour primary 

NAAQS for NO2 at a level of 100 parts 

per billion (ppb), based on a 3-year 

average of the 98th percentile of the 

yearly distribution of 1-hour daily 

maximum concentrations. See 40 CFR 

50.11. NO2 is a subset, and often 

considered an indicator, of the broader 

pollutant nitrogen oxides (NOX). On 

February 17, 2012 (77 FR 9532), EPA 

published its final designations for the 

2010 NO2 NAAQS, based upon 2008– 

2010 design values. In this rulemaking, 

EPA determined that no area in the 

country was violating the standard, 

designating all the areas of the country 

as unclassifiable/attainment. The 2008– 

2010 design values reflect conditions at 

the time throughout the country well 

below the 2010 NO2 NAAQS, including 

the District and nearby states. 

B. EPA’s Infrastructure Requirements 

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

must make infrastructure SIP 

submissions ‘‘within 3 years (or such 

shorter period as the Administrator may 

prescribe) after the promulgation of a 

national primary ambient air quality 

standard (or any revision thereof).’’ 

Infrastructure SIP submissions should 

provide for the ‘‘implementation, 

maintenance, and enforcement’’ of such 

NAAQS. The statute directly imposes 

on states the duty to make these SIP 

submissions, and the requirement to 

make the submissions is not 

conditioned upon EPA’s taking any 

action other than promulgating a new or 

revised NAAQS. Section 110(a)(2) 

includes a list of specific elements that 

‘‘[e]ach such plan’’ submission must 

address. 

Historically, EPA has elected to use 

guidance documents to make 

recommendations to states for 

infrastructure SIPs, in some cases 

conveying needed interpretations on 

newly arising issues and in some cases 

conveying interpretations that have 

already been developed and applied to 

individual SIP submissions for 

particular elements. EPA most recently 

issued guidance for infrastructure SIPs 

on September 13, 2013 (2013 

Infrastructure Guidance).1 EPA 

developed this document to provide 

states with up-to-date guidance for 

infrastructure SIPs for any new or 

revised NAAQS. Within this guidance, 

EPA describes the duty of states to make 

infrastructure SIP submissions to meet 

basic structural SIP requirements within 

three years of promulgation of a new or 

revised NAAQS. EPA also made 

recommendations about many specific 

subsections of section 110(a)(2) that are 

relevant in the context of infrastructure 

SIP submissions. The guidance also 

discusses the substantively important 

issues that are germane to certain 

subsections of section 110(a)(2).2 EPA 

interprets section 110(a)(1) and (2) such 

that infrastructure SIP submissions need 

to address certain issues and need not 

address others. Accordingly, EPA 

reviews each infrastructure SIP 

submission for compliance with the 

applicable statutory provisions of 

section 110(a)(2), as appropriate. 

Additionally, EPA has provided in 

previous rulemaking actions a detailed 

discussion of the Agency’s approach in 

reviewing infrastructure SIPs, including 

the Agency’s longstanding 

interpretation of requirements for 

section 110(a)(1) and (2), the 

interpretation that the CAA allows 

states to make multiple SIP submissions 

separately addressing infrastructure SIP 

elements in section 110(a)(2) for a 

specific NAAQS, and the interpretation 

that EPA has the ability to act on 

separate elements of 110(a)(2) for a 

NAAQS in separate rulemaking 

actions.3

C. Interstate Pollution Transport 

Requirements 

Section 110(a)(2)(D)(i)(I) of the CAA 

requires state SIPs to address any 

emissions activity in one state that 

contributes significantly to 

nonattainment, or interferes with 

maintenance, of the NAAQS in any 

downwind state. EPA sometimes refers 

to these requirements as prong 1 

(significant contribution to 

nonattainment) and prong 2 

(interference with maintenance), or 

conjointly as the ‘‘good neighbor’’ 

provision of the CAA. Specifically, 

section 110(a)(2)(D)(i)(I) requires the 

elimination of upwind state emissions 

that significantly contribute to 

nonattainment or interference with 

maintenance of the NAAQS in another 

state. 

II. Summary of SIP Revisions 

On June 6, 2014, the District through 

DDOEE submitted a revision to its SIP 

to satisfy the infrastructure 

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

CAA for the 2010 NO2 NAAQS, 

including section 110(a)(2)(D)(i)(I), 

pertaining to interstate transport 

requirements. On April 13, 2015 (80 FR 

19538), EPA approved the District’s 

infrastructure SIP submittal for the 2010 

NO2 NAAQS for all applicable elements 


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Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Proposed Rules 75847 

4 In this final rulemaking action, EPA also 

approved the District’s infrastructure SIPs for the 

2008 ozone and 2010 SO2 NAAQS with the 

exception of the transport elements in 

110(a)(2)(D)(i)(I). 

5For EPA’s explanation of its ability to act on 

discrete elements of section 110(a)(2), see EPA’s 

proposed rulemaking action regarding approval of 

portions of the District’s infrastructure SIP 

submissions for the 2008 ozone NAAQS and the 

2010 NO2 and SO2 NAAQS; 80 FR 2865 (January 

21, 2015). 

6The District’s June 6, 2014 submittal included 

recent air quality monitoring data for the states 

surrounding or bordering the District within a 50 

kilometer radius, which are Maryland and Virginia. 

The 50 kilometers radius is the standard distance 

for modeling analysis in EPA’s Guideline on Air 

Quality Models (Appendix W to 40 CFR part 51). 

of section 110(a)(2) with the exception 

of 110(a)(2)(D)(i)(I).4 This rulemaking 

action is addressing the portions of the 

District’s infrastructure submittal for the 

2010 NO2 NAAQS that pertain to 

transport requirements.5

The District’s June 6, 2014 transport 

submittal includes emissions inventory 

and air quality data that concludes that 

the District does not have sources that 

can contribute to nonattainment in, or 

interfere with maintenance by, any 

other state with respect to the 2010 NO2

NAAQS. Currently available air quality 

monitoring data included in the 

submittal confirms that NO2 levels 

continue to be well below the 2010 NO2

NAAQS in the District and in any areas 

surrounding or bordering the District.6

Additionally, the District describes 

existing SIP-approved measures and 

other Federally-enforceable sourcespecific measures, pursuant to 

permitting requirements under the CAA, 

that apply to NOX sources within the 

District. EPA finds that the District’s 

existing SIP provisions, as identified in 

the submittal, are adequate to prevent 

its emission sources from significantly 

contributing to nonattainment or 

interfering with maintenance in another 

state with respect to the 2010 NO2

NAAQS. In light of these measures, EPA 

does not expect NOX emissions in the 

District to increase significantly, and 

therefore does not expect monitors in 

the District and nearby states, all 

currently measuring NO2 concentrations 

well below the 2010 NO2 NAAQS, to 

have difficulty continuing to attain or 

maintaining attainment of the NAAQS. 

A detailed summary of EPA’s review 

and rationale for proposing approval of 

this SIP revision as meeting section 

110(a)(2)(D)(i)(I) of the CAA for the 2010 

NO2 ozone NAAQS 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–2015– 

0750. 

III. Proposed Action 

EPA is proposing to approve the 

portions of the District’s June 6, 2014 

SIP revision addressing interstate 

transport for the 2010 NO2 NAAQS for 

purposes of meeting section 

110(a)(2)(D)(i)(I) requirements with 

respect to this NAAQS. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

IV. Statutory and Executive Order 

Reviews 

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 proposed 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 proposed rule, 

addressing the District’s interstate 

transport requirements under the CAA 

for the 2010 NO2 NAAQS, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide. 

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

Dated: November 23, 2015. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2015–30685 Filed 12–3–15; 8:45 am] 

BILLING CODE 6560–50–P 

LEGAL SERVICES CORPORATION 

45 CFR Parts 1604, 1609, 1611, 1614, 

1626, and 1635 

Outside Practice of Law; FeeGenerating Cases; Financial Eligibility; 

Private Attorney Involvement; 

Restrictions on Legal Assistance to 

Aliens; Timekeeping Requirement 

AGENCY: Legal Services Corporation. 

ACTION: Notice of proposed changes and 

request for comments. 

SUMMARY: The Legal Services 

Corporation (‘‘LSC’’) Office of Inspector 

General (‘‘OIG’’) intends to revise the 

Compliance Supplement for Audits of 

LSC Recipients for the fiscal year ending 

December 31, 2015, and thereafter and 

is soliciting public comment on the 

proposed changes. The proposed 

revisions primarily affect certain 

regulatory requirements to be audited 

pursuant to LSC regulations. In 

addition, the LSC OIG is proposing to 

include for audit certain regulatory 

requirements which impact recipient 

staff’s involvement in the outside 

practice of law. Finally, suggested audit 

procedures for several regulations have 

been updated and revised for 

clarification and simplification 

purposes. 

DATES: All comments and 

recommendations must be received by 

January 4, 2016. 


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