[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Rules and Regulations]
[Pages 20237-20239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8567]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0139; FRL-9292-9]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Section 110(a)(2) Infrastructure Requirements for
the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving submittals from the District of Columbia (the
District) pursuant to the Clean Air Act (CAA or the Act) sections
110(k)(2) and (3). These submittals address the infrastructure elements
specified in the CAA section 110(a)(2), necessary to implement,
maintain, and enforce the 1997 8-hour ozone and fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS) and
the 2006 PM2.5 NAAQS. This final rule is limited to the
following infrastructure elements which were subject to EPA's
completeness findings pursuant to CAA section 110(k)(1) for the 1997 8-
hour ozone NAAQS dated March 27, 2008, and the 1997 PM2.5
NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M).
DATES: Effective Date: This final rule is effective on May 12, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0139. All documents in the docket are listed in
the http://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 http://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, 51 N Street, NE., Fifth Floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 17, 2010 (75 FR 27512), EPA published a notice of proposed
rulemaking (NPR) for the District. The NPR proposed approval of the
District's submittals that provide the basic program elements specified
in the CAA sections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M) necessary to implement, maintain, and
enforce the 1997 8-hour ozone and PM2.5 NAAQS and the 2006
PM2.5 NAAQS. The formal submittals submitted by the District
Department of the Environment on December 6, 2007 and January 11, 2008
addressed the section 110(a)(2) requirements for the 1997 8-hour ozone
NAAQS; the submittals dated August 25, 2008 and September 22, 2008
addressed the section 110(a)(2) requirements for the 1997
PM2.5 NAAQS; and the submittal dated September 21, 2009
addressed the section 110(a)(2) requirements for the 2006
PM2.5 NAAQS.
II. Summary of Relevant Submissions
The above referenced submittals address the infrastructure elements
specified in the CAA section 110(a)(2). These submittals refer to the
implementation, maintenance and enforcement of the 1997 8-hour ozone,
the 1997 PM2.5 NAAQS, and the 2006 PM2.5 NAAQS.
The rationale supporting EPA's proposed action is explained in the NPR
and the technical support document (TSD) and will not be restated here.
No public comments were received on the NPR. However, the portion of
the TSD relating to section 110(a)(2)(D)(ii) is being revised because
the TSD did not give the correct reason for the proposed approval. The
TSD is available on line at http://www.regulations.gov, Docket number
EPA-R03-OAR-2010-0139.
III. Final Action
EPA is approving the District's submittals that provide the basic
program elements specified in CAA sections 110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) necessary to
implement, maintain, and enforce the 1997 8-hour ozone and
PM2.5 NAAQS and the 2006 PM2.5 NAAQS.
EPA made completeness findings for the 1997 8-hour ozone NAAQS on
March 27, 2008 (73 FR 16205) and on October 22, 2008 (73 FR 62902) for
the 1997 PM2.5 NAAQS. These findings pertained only to
whether the submissions were complete, pursuant to section
110(k)(1)(A), and did not constitute EPA approval or disapproval of
such submissions. Each of these findings noted that the District failed
to submit a complete SIP addressing the portions of (C) and (J)
relating to the Part C permit programs for the 1997 8-hour ozone and
the 1997 PM2.5 NAAQS.
The District has not submitted a permit program required under
sections 110(a)(2)(C) and (J). Therefore, EPA is not approving the
submissions with respect to sections 110(a)(2)(C) and (J) relating to
the Part C permit programs for the 1997 8-hour ozone, the 1997
PM2.5 NAAQS or the 2006 PM2.5 NAAQS. However,
these requirements with respect to the permit programs have already
been addressed by a Federal Implementation Plan (FIP) that remains in
place (see 40 CFR 52.499), and therefore this action will not trigger
any additional FIP obligation with respect to this requirement.
Two elements identified in section 110(a)(2) are not governed by
the three year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the time the nonattainment area plan requirements are
due pursuant to section 172. These elements are: (1) Submissions
required by section 110(a)(2)(C) to the extent that subsection pertains
to a permit program in Part D Title I of the CAA; and (2) any
submissions required by section 110(a)(2)(I), which pertain to the
nonattainment planning requirements of Part D Title I of the CAA. This
action does not cover these specific elements. This action also does
not address the requirements of section 110(a)(2)(D)(i) for the 1997 8-
hour ozone NAAQS and 1997 PM2.5 NAAQS, since they have been
addressed by separate findings issued by EPA. See April 25, 2005 (70 FR
21147) and June 9, 2010 (75 FR 32673).
This notice does not take any action to approve or disapprove any
existing state provisions with regard to excess emissions during
startup, shutdown, or malfunction (SSM) of operations at a facility.
EPA believes that a number of states have SSM provisions which are
contrary to the CAA and existing EPA
[[Page 20238]]
guidance (August 11, 1999 Steven Herman and Robert Perciasepe Guidance
Memorandum, ``State Implementation Plans: Policy Regarding Excess
Emissions During Malfunctions, Startup, and Shutdown'') and EPA plans
to address such state regulations in the future. In the meantime, EPA
encourages any state having a deficient SSM provision to take steps to
correct it as soon as possible.
This notice also does not take any action to approve or disapprove
any existing state rules with regard to Director's discretion or
variance provisions. EPA believes that a number of states have such
provisions which are contrary to the CAA and existing EPA guidance (52
FR 45109, November 24, 1987), and EPA plans to take action in the
future to address such state regulations. In the meantime, EPA
encourages any state having a Director's discretion or variance
provision which is contrary to the CAA to take steps to correct the
deficiency as soon as possible.
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 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, 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 13, 2011. 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 1997 8-hour ozone and
PM2.5 NAAQS, and the 2006 PM2.5 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, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: April 1, 2011.
W.C. Early,
Acting Regional Administrator, EPA Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
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
0
2. In Sec. 52.470, the table in paragraph (e) is amended by adding
entries at the end of the table for ``Section 110(a)(2) Infrastructure
Requirements for the 1997 8-Hour Ozone NAAQS'', ``Section 110(a)(2)
Infrastructure Requirements for the 1997 PM2.5 NAAQS'', and
``Section 110(a)(2) Infrastructure Requirements for the 2006
PM2.5 NAAQ'' to read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
[[Page 20239]]
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Applicable
Name of non-regulatory SIP geographic or State submittal EPA approval date Additional
revision nonattainment area date explanation
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* * * * * *
Section 110(a)(2) Infrastructure District of 12/06/07 4/12/11 [Insert This action
Requirements for the 1997 8- Columbia. 1/11/08 Federal Register addresses the
Hour Ozone NAAQS. page number where following CAA
the document elements:
begins and date]. 110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
Section 110(a)(2) Infrastructure District of 8/25/08 4/12/11 [Insert This action
Requirements for the 1997 PM2.5 Columbia. 9/22/08 Federal Register addresses the
NAAQS. page number where following CAA
the document elements:
begins and date]. 110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
Section 110(a)(2) Infrastructure District of 9/21/09 4/12/11 [Insert This action
Requirements for the 2006 PM2.5 Columbia. Federal Register addresses the
NAAQS. page number where following CAA
the document elements:
begins and date]. 110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
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[FR Doc. 2011-8567 Filed 4-11-11; 8:45 am]
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