[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Rules and Regulations]
[Pages 40937-40938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20214]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC032-2006; FRL-5864-4]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia, New Source Review Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the District of Columbia. This revision amends the 
District's new source review program including the regulations for the 
preconstruction permitting new major sources and major modifications in 
nonattainment areas. This action is being taken under the provisions of 
the Clean Air Act for the approval of SIP revisions.

EFFECTIVE DATE: This final rule is effective on September 2, 1997.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
Air, Radiation, and Toxics Division, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107; the Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460; District of Columbia Department of Consumer and Regulatory 
Affairs, 2100 Martin Luther King Ave, S.E., Washington, DC 20020.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 566-2068.

SUPPLEMENTARY INFORMATION: On October 22, 1993, the District of 
Columbia submitted new source review (NSR) regulations that were 
subsequently disapproved by EPA in a direct final rulemaking on March 
24, 1995. (60 FR 15483). Pursuant to section 179 of the Clean Air Act 
(CAA), EPA's disapproval required the imposition of sanctions in two 
phases starting 18 months after disapproval unless and until the 
deficiencies were corrected. The first sanction, which started on 
October 24, 1996, required 2:1 emission offsets for the construction of 
new and modified sources. The second sanction, which was to be imposed 
6 months later, would have required the withholding of federal highway 
funds for all new highway projects in the District.
    The District submitted revised NSR regulations on May 2, 1997, 
which corrected the deficiencies. On June 2, 1997, EPA published a 
notice of proposed rulemaking (NPR) approving the District's NSR 
program (62 FR 29682). On the same day, EPA published and solicited 
comment on an interim final rule that stayed application of the offset 
sanction and deferred imposition of the highway sanction, based on 
EPA's proposed full approval of the District's NSR program (62 FR 
29668). No public comments were received on the NPR or the interim 
final rule.
    The intended effect of this action is to approve the District's NSR 
program for the permitting of major new and modified sources pursuant 
to the requirements of the CAA. Other specific requirements of the NSR 
program and the rationale for EPA's proposed action were explained in 
the NPR and will not be restated here. As a consequence of today's 
final approval of the District's NSR regulations as a SIP revision, the 
sanctions resulting from EPA's March 24, 1995 disapproval action are 
hereby lifted and no longer applicable.

Final Action

    EPA is approving the new source review (NSR) program as a revision 
to the District of Columbia SIP. Nothing in this action should be 
construed as permitting or allowing or establishing a precedent for any 
future request for revision to any state implementation plan. Each 
request for revision to the state implementation plan shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

[[Page 40938]]

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the District is already imposing. Therefore, because 
the federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 29, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule to 
approve the District of Columbia New Source Review program does not 
affect the finality of this rule 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 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.

    Dated: July 17, 1997.
Thomas Voltaggio,
Acting Regional Administrator, Region III.

    Chapter I, title 40, of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart J--District of Columbia

    2. Section 52.470 is amended by adding paragraph (c)(37) to read as 
follows:


Sec. 52.470  Identification of plan.

* * * * *
    (c) * * *
    (37) Revisions to the District of Columbia Municipal Regulations 
submitted on May 2, 1997 and May 9, 1997 by the District of Columbia 
Department of Consumer and Regulatory Affairs:
    (i) Incorporation by reference.
    (A) Letter of April 29, 1997 from the Department of Consumer and 
Regulatory Affairs transmitting new source review (NSR) program.
    (B) Regulations adopted on April 29, 1997; Title 20 of the District 
of Columbia Municipal Regulations (DCMR) Chapter 2, sections 200 (as 
amended), 201, 202, 204 (as amended), 206, 299 and the amended 
definition of ``modification'' in Chapter 1, section 199.
    (ii) Additional material.
    (A) Remainder of May 2, 1997 State submittal.
    (B) District Register for May 9, 1997.

[FR Doc. 97-20214 Filed 7-30-97; 8:45 am]
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