Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations 42733 

disease listed in paragraph (a)(2) of this 

section shall be service connected even 

though there is no evidence of such 

disease during the period of service if it 

becomes manifest to any degree 

(including non-compensable) within 10 

years from the date of separation from 

military service that includes a 

qualifying period of service as defined 

in paragraph (a)(4) of this section. 

(2) Chronic diseases associated with 

exposure to particulate matter. The 

chronic diseases referred to in 

paragraph (a)(1) of this section are the 

following: 

(i) Asthma. 

(ii) Rhinitis. 

(iii) Sinusitis, to include 

rhinosinusitis. 

(3) Presumption of exposure. A 

veteran who has a qualifying period of 

service as defined in paragraph (a)(4) of 

this section shall be presumed to have 

been exposed to fine, particulate matter 

during such service, unless there is 

affirmative evidence to establish that the 

veteran was not exposed to fine, 

particulate matter during that service. 

(4) Qualifying period of service. The 

term qualifying period of service means 

any period of active military, naval, or 

air service in: 

(i) The Southwest Asia theater of 

operations, as defined in § 3.317(e)(2), 

during the Persian Gulf War as defined 

in § 3.2(i). 

(ii) Afghanistan, Syria, Djibouti, or 

Uzbekistan on or after September 19, 

2001 during the Persian Gulf War as 

defined in § 3.2(i). 

(b) Exceptions. A disease listed in 

paragraph (a)(1) of this section shall not 

be presumed service connected if there 

is affirmative evidence that: 

(1) The disease was not incurred 

during or aggravated by a qualifying 

period of service; or 

(2) The disease was caused by a 

supervening condition or event that 

occurred between the veteran’s most 

recent departure from a qualifying 

period of service and the onset of the 

disease; or 

(3) The disease is the result of the 

veteran’s own willful misconduct. 

[FR Doc. 2021–16693 Filed 8–4–21; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0489; FRL–8691–02– 

R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Nonattainment New 

Source Review Requirements for 2015 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the Department of Energy 

and Environment (DOEE) of the District 

of Columbia (the District). The revision 

will fulfill the District’s Nonattainment 

New Source Review (NNSR) SIP 

element requirement for the 2015 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS). EPA is approving 

the revision to the District of Columbia 

SIP in accordance with the requirements 

of the Clean Air Act (CAA). 

DATES: This final rule is effective on 

September 7, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2020–0489. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Willson, Permits Branch 

(3AD10), Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–5795. 

Mr. Willson can also be reached via 

electronic mail at Willson.Matthew@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 11, 2021 (86 FR 8734), EPA 

published a notice of proposed 

rulemaking (NPRM) for the District of 

Columbia. In the NPRM, EPA proposed 

approval of the District’s NNSR 

Certification for the 2015 8-hour ozone 

NAAQS. The formal SIP revision was 

submitted by the District on May 5, 

2020. Specifically, the District certified 

that its existing NNSR program, 

covering the District portion of the 

Washington, DC–MD–VA 

Nonattainment Area (Washington Area) 

for the 2015 8-hour ozone NAAQS, is at 

least as stringent as the requirements at 

40 CFR 51.165, as amended by the final 

rule titled ‘‘Implementation of the 2015 

National Ambient Air Quality Standards 

for Ozone: Nonattainment Area State 

Implementation Plan Requirements’’ 

(SIP Requirements Rule), for ozone and 

its precursors. See 83 FR 62998 

(December 6, 2018). 

On October 1, 2015, EPA promulgated 

a revised 8-hour ozone NAAQS of 0.070 

parts per million (ppm). 80 FR 65292 

(October 26, 2015). Under EPA’s 

regulations at 40 CFR 50.19, the 2015 8- 

hour ozone NAAQS is attained when 

the three-year average of the annual 

fourth-highest daily maximum 8-hour 

average ambient air quality ozone 

concentration is less than or equal to 

0.070 ppm. 

Upon promulgation of a new or 

revised NAAQS, the CAA requires EPA 

to designate as nonattainment any area 

that is violating the NAAQS based on 

the three most recent years of ambient 

air quality data at the conclusion of the 

designation process. The Washington 

Area was classified as marginal 

nonattainment for the 2015 8-hour 

ozone NAAQS on June 4, 2018 (effective 

August 3, 2018) using 2014–2016 

ambient air quality data. 83 FR 25776. 

On December 6, 2018, EPA issued the 

final SIP Requirements Rule, which 

establishes the requirements that state, 

tribal, and local air quality management 

agencies must meet as they develop 

implementation plans for areas where 

air quality exceeds the 2015 8-hour 

ozone NAAQS. 80 FR 65291, October 

26, 2015. Areas that were designated as 

marginal ozone nonattainment areas are 

required to attain the 2015 8-hour ozone 

NAAQS no later than August 3, 2021. 40 

CFR 51.1303 and 83 FR 10376, March 9, 

2018. 

Based on initial nonattainment 

designations for the 2015 8-hour ozone 

NAAQS, as well as the December 6, 

2018 final SIP Requirements Rule, the 

District was required to develop a SIP 

revision addressing certain CAA 

requirements for the Washington Area, 

and submit to EPA a NNSR Certification 

SIP or SIP revision no later than 36 

months after the effective date of area 

designations for the 2015 8-hour ozone 


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42734 Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations 

NAAQS (i.e., August 3, 2021). See 83 FR 

62998 (December 6, 2018). EPA is 

approving the District’s May 5, 2020 

NNSR Certification SIP revision for the 

2015 8-hour ozone NAAQS. 

II. Summary of SIP Revision and EPA 

Analysis 

This rule is specific to the District’s 

NNSR requirements. NNSR is a 

preconstruction review permit program 

that applies to new major stationary 

sources or major modifications at 

existing sources located in a 

nonattainment area. The specific NNSR 

requirements for the ozone NAAQS are 

located in 40 CFR 51.160 through 

51.165. 

The District’s SIP approved NNSR 

program, established in Chapters 1 (Air 

Quality—General Rules) and 2 (Air 

Quality—General and Nonattainment 

Area Permits) in Title 20 of the District 

of Columbia Municipal Regulations 

(DCMR), applies to the construction and 

modification of major stationary sources 

in nonattainment areas. In its May 5, 

2020 SIP revision, the District certifies 

that the versions of 20 DCMR Chapters 

1 and 2 approved in the SIP are at least 

as stringent as the Federal NNSR 

requirements for the Washington Area. 

EPA last approved revisions to the 

District’s major NNSR SIP on July 5, 

2019. In that action, EPA approved 

revisions to the District’s SIP which 

made DOEE’s NNSR program consistent 

with Federal requirements. 84 FR 

32072, July 5, 2019. No public 

comments were received on the NPRM. 

III. Final Action 

EPA is approving the District’s May 5, 

2020 SIP revision addressing the NNSR 

requirements for the 2015 8-hour ozone 

NAAQS for the Washington Area. EPA 

has concluded that the District’s 

submission fulfills the 40 CFR 51.1114 

revisions requirement, meets the 

requirements of CAA section 110 and 

172 and the minimum SIP requirements 

of 40 CFR 51.165. 

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). 

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 October 4, 2021. 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’s 

NNSR program and the 2015 8-hour 

ozone NAAQS 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, 

Volatile organic compounds. 

Dated: July 28, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 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 an entry for 

‘‘2015 8-Hour Ozone Certification for 

Nonattainment New Source Review 

(NNSR)’’ at the end of the table to read 

as follows: 

§ 52.470 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations 42735 

Name of non-regulatory SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

2015 8-Hour Ozone Certification for 

Nonattainment New Source Review (NNSR).

The District of Columbia ................. 05/05/20 08/05/21, [insert Federal Register 

citation].

[FR Doc. 2021–16534 Filed 8–4–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 8360 

[18X LLAKF0000 L12200000.DD0000 

LXSS002L0000] 

Final Supplementary Rules for Public 

Lands Managed by the Eastern Interior 

Field Office at the Fairbanks District 

Office Administrative Site, Fairbanks, 

Alaska 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final supplementary rules. 

SUMMARY: The Bureau of Land 

Management (BLM) is finalizing 

supplementary rules for all BLMmanaged public lands within the 

Fairbanks District Office administrative 

site. These rules are necessary to 

enhance the safety of visitors, protect 

natural resources, improve recreation 

experiences and opportunities, and 

protect public health. 

DATES: These supplementary rules are 

effective September 7, 2021. 

ADDRESSES: You may send inquiries by 

mail, email, or hand delivery. Mail or 

hand delivery: Michelle Ethun, 

Fairbanks District Office, Bureau of 

Land Management, 222 University 

Avenue, Fairbanks, AK 99709. Email: 

EasternInterior@blm.gov (Include ‘‘final 

supplementary rules’’ in subject line). 

FOR FURTHER INFORMATION CONTACT: 

Michelle Ethun, Fairbanks District 

Office, Bureau of Land Management, 

222 University venue, Fairbanks AK 

99709, 907–474–2200. People who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339 to 

contact the above individual during 

normal business hours. You can access 

the FRS 24 hours a day, seven days a 

week, to leave a message or question 

with the above individual. You will 

receive a reply during normal business 

hours. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Fairbanks District Office building 

is located within a densely developed, 

mixed residential/commercial area of 

Fairbanks, Alaska, on BLM-managed 

public lands within the boundaries of 

the Eastern Interior Field Office along 

the bank of the Chena River. In addition 

to visitors to these offices, the public 

often uses the open space adjacent to 

the office building to picnic, walk dogs, 

or access the Chena River. Visitors 

encounter inconsistent rules regarding 

appropriate conduct at the Fairbanks 

District Office administrative site. This 

inconsistency hampers the BLM’s 

ability to provide a safe visitor 

experience and minimize conflicts 

among users. 

These final supplementary rules 

establish a consistent set of rules for the 

Fairbanks District Office administrative 

site. Absent such rules, BLM Law 

Enforcement Rangers face impediments 

to preventing acts that compromise 

public health and safety, such as open 

fires in proximity to office buildings, 

overnight/long-term occupancy, 

unattended domestic animals, and 

unattended vehicles. The highly 

urbanized nature of the Fairbanks 

District Office administrative site, and 

its location in Class C–E airspace on 

final approach to Fairbanks 

International Airport as well as the 

adjacent State Division of ForestryInteragency Fire helipad, make some 

uses of public lands inappropriate; for 

example, no person may operate an 

aerial drone in a manner that interferes 

with neighboring Forestry helipads (14 

CFR 107.43). In addition, enforcing 

State laws and/or borough ordinances is 

administratively more difficult for BLM 

Law Enforcement Rangers than 

enforcing established BLM rules. The 

BLM is establishing these 

supplementary rules under the authority 

of 43 CFR 8365.1–6, which authorizes 

BLM State Directors to establish 

supplementary rules for the protection 

of persons, property, and public lands 

and resources. There are currently no 

existing supplementary rules for the 

Fairbanks District Office administrative 

site. The administrative site is all 

property and lands encompassed within 

the land parcels managed by the BLM 

within the Fairbanks North Star 

Borough, legal address 222 University 

Avenue, Fairbanks, AK 99709, 

described as: 

Fairbanks Meridian, Alaska 

T. 1 S., R. 1 W., 

Sec. 7, lots 63 and 69. 

The area described here aggregates 11.41 

acres. 

You may obtain a map of the 

Fairbanks District Office administrative 

site in Fairbanks, Alaska, by contacting 

the office (see ADDRESSES) or by 

accessing the following web page. 

https://eplanning.blm.gov/eplanning-ui/ 

project/71962/510. 

II. Discussion of Public Comments and 

Final Supplementary Rules 

In general, the BLM uses 

supplementary rules for permanent, 

site-specific regulations where general 

BLM regulations do not meet the 

specific management needs of a site’s 

unique characteristics. Most common 

are rules for recreation areas or 

administrative sites, such as the 

Fairbanks District Office administrative 

site. These final supplementary rules 

apply to 11.41 acres of BLM-managed 

public lands comprising the BLM 

Fairbanks District Office administrative 

site. These final rules address general 

public conduct and public safety 

concerns at the BLM facility. 

BLM Law Enforcement Rangers will 

enforce rules only in relation to BLMmanaged lands above the mean high 

water line of the Chena River. Nothing 

in these final rules imparts any new or 

special authority or jurisdiction to BLM 

Law Enforcement Rangers on or within 

the navigable waters of the State of 

Alaska or airspace managed by the 

Federal Aviation Administration. The 

final rules seek to minimize conflicts 

with the Fairbanks District Office 

administrative site’s year-round heavy 

use by employees, volunteers, school 

groups, contractors, and the public. 

During the drafting of these rules, which 

include provisions that address hunting 

and trapping, the BLM consulted with 

the Fairbanks Region of the Alaska 

Department of Fish and Game, which 

did not object. The Alaska Department 

of Fish and Game has closed the Chena 


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