19538 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 

Catalog of Federal Domestic Assistance 

Numbers 

The Catalog of Federal Domestic 

Assistance program number and title for 

this rule are 64.201, National 

Cemeteries. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. Jose 

D. Riojas, Chief of Staff, approved this 

document on April 7, 2015, for 

publication. 

List of Subjects in 38 CFR Part 38 

Administrative practice and 

procedure, Cemeteries, Veterans. 

Dated April 8, 2015. 

William F. Russo, 

Acting Director, Office of Regulation Policy 

& Management, Office of the General Counsel, 

U.S. Department of Veterans Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR part 38 as set 

forth below: 

PART 38—NATIONAL CEMETERIES 

OF THE DEPARTMENT OF VETERANS 

AFFAIRS 

■ 1. The authority citation for part 38 

continues to read as follows: 

Authority: 38 U.S.C. 107, 501, 512, 2306, 

2402, 2403, 2404, 2408, 2411, 7105. 

■ 2. Add § 38.628 to read as follows: 

§ 38.628. Reimbursement for caskets and 

urns for unclaimed remains of veterans. 

(a) VA will reimburse any individual 

or entity for the actual cost of a casket 

or an urn, purchased by the individual 

or entity for the burial in a national 

cemetery of an eligible veteran who died 

on or after January 10, 2014, for whom 

VA: 

(1) Is unable to identify the veteran’s 

next-of-kin; and 

(2) Determines that sufficient 

resources are otherwise unavailable to 

furnish the casket or urn. 

(b) For purposes of satisfying the 

requirements of paragraph (a) of this 

section, VA will rely entirely on the 

requesting individual’s or entity’s 

certification as required under 

paragraphs (c)(2) and (3) of this section. 

(c) An individual or entity may 

request reimbursement from VA under 

paragraph (a) of this section by 

completing and submitting VA Form 

40–10088, and supporting 

documentation, in accordance with the 

instructions on the form. Prior to 

approving reimbursement VA must find 

all of the following: 

(1) The veteran is eligible for burial in 

a VA national cemetery; 

(2) The individual or entity has 

certified that they cannot identify the 

veteran’s next-of-kin, or that an 

identified next-of-kin is unwilling or 

unable to assume responsibility for the 

deceased veteran’s burial arrangements, 

and that the individual or entity has 

followed applicable state or local law 

relating to the disposition of unclaimed 

remains; 

(3) The individual or entity has 

certified that, to the best of their 

knowledge, sufficient resources are 

otherwise unavailable to furnish the 

casket or urn; 

(4) The invoice presented by the 

individual or entity clearly indicates the 

purchase price of the casket or urn 

purchased by the individual or entity; 

and 

(5) The invoice presented by the 

individual or entity contains 

information sufficient for VA to 

determine, in conjunction with a visual 

inspection, that the casket or urn meets 

the following standards: 

(i) Caskets must be of metal 

construction of at least 20-gauge 

thickness, designed for containing 

human remains, sufficient to contain the 

remains of the deceased veteran, 

include a gasketed seal, and include 

external fixed rails or swing arm 

handles. 

(ii) Urns must be of a durable 

construction, such as durable plastic, 

wood, metal, or ceramic, designed to 

contain cremated human remains, and 

include a secure closure to contain the 

cremated remains. 

(d) Reimbursement for a claim 

received in any calendar year under 

paragraph (a) of this section will not 

exceed the average cost of a 20-gauge 

metal casket or a durable plastic urn 

during the fiscal year preceding the 

calendar year of the claim, as 

determined by VA and published 

annually in the Federal Register. 

(e) If, before July 2, 2014, an 

individual or entity purchased a casket 

or urn for burial in a VA national 

cemetery of the remains of a veteran 

who died after January 10, 2014, and the 

burial receptacle is not at least a 20- 

gauge metal casket or a durable plastic 

urn, VA will reimburse the purchase 

price of the burial receptacle, providing 

all other criteria in this regulation are 

met. The reimbursement amount will be 

subject to the maximum reimbursement 

amount calculated for 2015. 

(Authority: 38 U.S.C. 2306, 2402, 2411) 

(The Office of Management and Budget 

has approved the information collection 

requirements under this section under 

control number 2900–0799.) 

[FR Doc. 2015–08388 Filed 4–10–15; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0701; FRL–9925–93– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Infrastructure 

Requirements for the 2008 Ozone, 2010 

Nitrogen Dioxide, and 2010 Sulfur 

Dioxide National Ambient Air Quality 

Standards; Approval of Air Pollution 

Emergency Episode Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

three State Implementation Plan (SIP) 

revision submittals from the District of 

Columbia (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 standards. These elements are 

referred to as infrastructure 

requirements. The District has made 

three separate submittals addressing the 

infrastructure requirements for the 2008 

ozone NAAQS, the 2010 nitrogen 

dioxide (NO2) NAAQS, and the 2010 

sulfur dioxide (SO2) NAAQS. One of the 

submittals also includes the ‘‘Revised 

Air Quality Emergency Plan for the 

District of Columbia’’ for satisfying 

EPA’s requirements for air quality 

emergency episodes. 

DATES: This final rule is effective on 

May 13, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0701. 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 


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Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 19539 

1EPA sent letters to DDOE in July 21, 2014 and 

November 4, 2014 notifying the District of these 

determinations for each of the applicable NAAQS. 

Copies of these letters are included in the docket 

for this rulemaking action. 

2At present, the PSD FIP, incorporated by 

reference in the District SIP in 40 CFR 52.499, 

specifically contains the provisions of 40 CFR 

52.21, with the exception of paragraph (a)(1). 

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 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: 

I. Background 

On January 21, 2014 (80 FR 2865), 

EPA published a notice of proposed 

rulemaking (NPR) for the District. In the 

NPR, EPA proposed approval of 

portions of the District’s three 

infrastructure SIP submissions 

addressing the requirements of section 

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

NAAQS, the 2010 NO2 NAAQS, and the 

2010 SO2 NAAQS. The NPR also 

proposed approval of the District’s Air 

Quality Emergency Plan to meet EPA’s 

requirements for air pollution 

prevention contingency plans in 40 CFR 

part 51, subpart H and section 

110(a)(2)(G) of the CAA. 

II. Summary of SIP Revision 

The District, through the District 

Department of the Environment (DDOE), 

submitted three separate revisions to its 

SIP to satisfy the requirements of 

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

different NAAQS. On June 6, 2014, 

DDOE submitted a SIP revision 

addressing the infrastructure 

requirements for the 2010 NO2 NAAQS. 

On June 13, 2014, DDOE submitted an 

infrastructure SIP revision for the 2008 

ozone NAAQS. On July 17, 2014, DDOE 

submitted an infrastructure SIP revision 

for the 2010 SO2 NAAQS. Each of the 

infrastructure SIP revisions addressed 

the following infrastructure elements for 

the applicable 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 

submittals do not address section 

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

nonattainment 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 CAA 

section 110(a)(1) and will be addressed 

in a separate process, if necessary. 

As discussed in the NPR, EPA will 

take separate action on the portions of 

the three infrastructure submittals 

addressing section 110(a)(2)(D)(i)(I) 

requiring the SIP to address emissions 

from sources which significantly 

contribute to nonattainment or 

interference with maintenance of the 

NAAQS (also referred to as transport) in 

another state. In addition, EPA is not 

required to take rulemaking action on 

the PSD-related portions of section 

110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for 

the District’s infrastructure SIP 

submittals, as EPA found these portions 

of each of the infrastructure SIP 

submittals technically incomplete, 

because the District has not adequately 

addressed the SIP requirements of part 

C of Title I of the CAA for having a SIPapproved PSD program.1 However, EPA 

recognizes that the District is already 

subject to a Federal Implementation 

Plan (FIP) containing the Federal PSD 

program that addresses the relevant SIP 

requirements.2 EPA does not anticipate 

any adverse consequences to DDOE 

from these incompleteness findings. In 

addition, EPA is not subject to any 

further FIP duties from these 

incompleteness findings because a FIP 

has already been issued to address this 

SIP deficiency. 

In addition, the June 13, 2014 SIP 

submittal included the ‘‘Revised Air 

Quality Emergency Plan for the District 

of Columbia’’ to satisfy the requirements 

for preventing air pollution emergency 

episodes in 40 CFR part 51, subpart H 

for all applicable pollutants (i.e., those 

for which the District is classified as a 

Priority I region under 40 CFR 52.471, 

including particulate matter, sulfur 

oxides (SOX), carbon monoxide (CO), 

and ozone), as well as section 

110(a)(2)(G) of the CAA for the three 

subject NAAQS. 

EPA’s rationale for taking this 

rulemaking action, including the scope 

of infrastructure SIPs in general, is 

explained in the NPR and the technical 

support document (TSD) accompanying 

the NPR and will not be restated here. 

The TSD for this rulemaking is available 

at www.regulations.gov, Docket number 

EPA–R03–OAR–2014–0701. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving the District’s 

infrastructure submittals dated June 6, 

2014, June 13, 2014, and July 17, 2014 

for the 2010 NO2 NAAQS, the 2008 

ozone NAAQS, and the 2010 SO2

NAAQS, respectively, as meeting the 

following requirements of section 

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

relevant NAAQS: 110(a)(2)(A), (B), (C), 

(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). EPA will take later separate 

action on the portions of each of the 

submittals addressing section 

110(a)(2)(D)(i)(I), pertaining to transport. 

EPA is also approving as a SIP revision 

the ‘‘Revised Air Quality Emergency 

Plan for the District of Columbia,’’ 

submitted on June 13, 2014, as it 

satisfies the requirements of 40 CFR part 

51, subpart H for all applicable 

pollutants and section 110(a)(2)(G) of 

the CAA for the 2008 ozone NAAQS, 

the 2010 NO2 NAAQS, and the 2010 

SO2 NAAQS. 

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 


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19540 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 

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 June 12, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, 

pertaining to the District of Columbia’s 

section 110(a)(2) infrastructure 

requirements for the 2008 ozone, the 

2010 NO2, and the 2010 SO2 NAAQS 

and to the District of Columbia’s 

contingency plan for the prevention of 

air pollution episodes, may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: March 24, 2015. 

William 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. In § 52.470, the table in paragraph 

(e) is amended by adding the following 

four entries at the end of the table: 

■ a. ‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2010 NO2

NAAQS’’; 

■ b. ‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2008 Ozone 

NAAQS’’; 

■ c. ‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2010 SO2

NAAQS’’; and 

■ d. ‘‘Emergency Air Pollution Plan’’. 

The additions 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 2010 NO2 NAAQS.

Statewide ............... 6/9/14 4/13/15 [Insert Federal Register 

Citation].

This action addresses the following 

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

(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M). PSD related portions are addressed by FIP in 40 

CFR 52.499. 

Section 110(a)(2) Infrastructure Requirements for the 2008 Ozone NAAQS.Statewide ............... 6/13/14 4/13/15 [Insert Federal Register 

Citation].

This action addresses the following 

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

(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M). PSD related portions are addressed by FIP in 40 

CFR 52.499. 

Section 110(a)(2) Infrastructure Requirements for the 2010 SO2 NAAQS.

Statewide ............... 7/17/14 4/13/15 [Insert Federal Register 

Citation].

This action addresses the following 

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

(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M). PSD related portions are addressed by FIP in 40 

CFR 52.499. 

Emergency Air Pollution Plan ................. Statewide ............... 6/13/14 4/13/15 [Insert Federal Register 

Citation].

This action addresses the requirements 

of 40 CFR 51, subpart H for particulate matter, sulfur oxides (SOX), carbon monoxide (CO), and ozone, as 

well as section 110(a)(2)(G) of the 

CAA for the 2008 ozone, 2010 SO2, 

and 2010 NO2 NAAQS. 


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[FR Doc. 2015–08182 Filed 4–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0593; FRL–9925–96– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Virginia—Prevention of Significant 

Deterioration; Amendment to the 

Definition of ‘‘Regulated NSR 

Pollutant’’ Concerning Condensable 

Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a July 25, 2013 State 

Implementation Plan (SIP) revision 

submitted by the Virginia Department of 

Environmental Quality (VADEQ) for the 

Commonwealth of Virginia. The 

revision includes a correction to the 

definition of ‘‘regulated NSR [New 

Source Review] pollutant’’ as it relates 

to condensable particulate matter under 

Virginia’s Prevention of Significant 

Deterioration (PSD) program. The 

revision also includes the correction of 

a minor typographical error. EPA is 

approving these revisions to the Virginia 

SIP in accordance with the requirements 

of the Clean Air Act (CAA). 

DATES: This rule is effective on June 12, 

2015 without further notice, unless EPA 

receives adverse written comment by 

May 13, 2015. 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–2013–0593 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: campbell.dave@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0593, 

David Campbell, Associate Director, 

Office of Permits and Air Toxics, 

Mailcode 3AP10, 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– 

0593. 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 Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 25, 2013, VADEQ submitted 

a formal revision to the Virginia SIP. 

The SIP revision consists of an 

amendment to the definition of 

‘‘regulated NSR pollutant’’ for VADEQ’s 

PSD program under Article 8 of Chapter 

80 of the Virginia Administrative Code 

(VAC), as well as a correction of a minor 

typographical error. The definition 

revision pertains to the regulation of 

particulate matter, specifically, gases 

that condense to form particles 

(condensables). 

‘‘Particulate matter’’ (PM) is a term 

used to define an air pollutant that 

consists of a mixture of solid particles 

and liquid droplets found in the 

ambient air. PM occurs in many sizes 

and shapes and can be made up of 

hundreds of different chemicals. As 

explained further in the discussion that 

follows, EPA has regulated several size 

ranges of particles under the CAA, 

referred to as indicators of particles, 

namely PM, coarse PM (PM10), and fine 

PM (PM2.5). 

Initially, EPA established a National 

Ambient Air Quality Standard (NAAQS) 

for PM on April 30, 1971, under 

sections 108 and 109 of the CAA. See 

36 FR 8186. Compliance with the 

original PM NAAQS was based on the 

measurement of particles in the ambient 

air using an indicator of particles 

measuring up to a nominal size of 25 to 

45 micrometers (mm). EPA used the 

indicator name ‘‘total suspended 

particulate’’ or ‘‘TSP’’ to define the 

particle size range that was being 

measured. Total suspended particulate 

remained the indicator for the PM 

NAAQS until 1987 when EPA revised 

the NAAQS in part by replacing the TSP 

indicator for both the primary and 

secondary standards with a new 

indicator that includes only those 

particles with an aerodynamic diameter 

less than or equal to a nominal 10 mm 

(PM10). 

On July 18, 1997, the EPA made 

significant revisions to the PM NAAQS 

in several respects. While the EPA 

determined that the PM NAAQS should 

continue to focus on PM10, EPA also 

determined that the fine and coarse 

fractions of PM10 should be considered 

separately. Accordingly, on July 18, 

1997, the EPA added a new indicator for 

fine particles with a nominal mean 

aerodynamic diameter less than or equal 

to 2.5 mm (PM2.5), and continued to use 

PM10 as the indicator for purposes of 

regulating the coarse fraction of PM10. 

See 62 FR 38652. 

On May 16, 2008, EPA finalized the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 


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