[Federal Register Volume 64, Number 234 (Tuesday, December 7, 1999)]
[Rules and Regulations]
[Pages 68293-68295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31543]



[[Page 68293]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC032-2008; FRL-6500-7]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Approval of Definitions for the New Source Review 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve revisions to the 
District of Columbia State Implementation Plan (SIP). The revisions 
concern the definitions for thirteen terms used in the new source 
review regulations. The intended effect of this action is to approve 
the definitions in the District Of Columbia regulations as revisions to 
the SIP.

DATES: This rule is effective on January 6, 2000.

ADDRESSES: Copies of the documents relevant to this action are 
available 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; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460; and the District of 
Columbia Department of Public Health, Air Quality Division, 51 N 
Street, NE, Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 21, 1985, October 22, 1993, and May 2, 1997, the District 
of Columbia submitted formal revisions to the new source review 
provisions of its SIP. On June 2, 1997 (62 FR 29682), EPA published a 
notice of proposed rulemaking (NPR) for the District of Columbia 
proposing approval of the new source review program revisions submitted 
on the above listed dates. The definition of the term ``modification'' 
was approved by EPA in a final rulemaking on July 31, 1997 (62 FR 40937 
). However, the District of Columbia's submittals and EPA's May 2, 1997 
proposed approval also included the following additional new and 
revised definitions: ``major stationary source,'' ``new source,'' 
``potential to emit,'' ``shutdown,'' ``actual emissions,'' ``allowable 
emission,'' ``begin actual construction,'' ``commence,'' ``complete,'' 
``major modification,'' ``necessary preconstruction approvals,'' ``net 
emissions increase,'' ``significant.'' This final rulemaking is to also 
approve these new and revised definitions, contained in the District of 
Columbia's new source review regulations, which were inadvertently 
omitted from the July 31, 1997 final approval rulemaking, as SIP 
revisions.

II. Final Action

    EPA is approving the definitions, referenced above, found in DCMR 
Title 20, section 199 as revisions to the District of Columbia SIP.

III. Administrative Requirements

A. Executive Orders 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under E.O. 12866, entitled ``Regulatory 
Planning and Review.''
    B. Executive Order 13132
    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation. This final rule will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely approves a state rule implementing a federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act.'' Thus, 
the requirements of section 6 of the Executive Order do not apply to 
this rule.

C. Executive Order 13045

    E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that the EPA determines (1) is ``economically 
significant,'' as defined under E.O. 12866, and (2) the environmental 
health or safety risk addressed by the rule has a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency. This final rule is not subject 
to E.O. 13045 because it does not involve decisions intended to 
mitigate environmental health and safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not

[[Page 68294]]

significantly or uniquely affect the communities of Indian tribal 
governments. This action does not involve or impose any requirements 
that affect Indian Tribes. Accordingly, the requirements of section 
3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, 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).

F. 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 
annual 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 annual 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.

G. 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 rule 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical. EPA believes that VCS are inapplicable to this action. 
Today's action does not require the public to perform activities 
conducive to the use of VCS.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action to approve new source review definitions 
as part of the District's SIP must be filed in the United States Court 
of Appeals for the appropriate circuit by February 7, 2000. Filing a 
petition for reconsideration by the Administrator of this final rule 
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, Hydrocarbons, 
Incorporation by reference, Nitrogen dioxide, Ozone.

    Dated: November 29, 1999.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
    Part 52 of 40 CFR is amended as follows:

PART 52--[AMENDED]

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

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

Subpart J--District of Columbia

    2. In Sec. 52.470, the entry for Chapter 1, section 199 in the 
``EPA Approved Regulations for the District of Columbia'' table in 
paragraph (c) is revised to read as follows:


Sec. 52.470  Identification of plan.

* * * * *
    (c) EPA approved regulations.

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                            EPA-Approved Regulations in the District of Columbia SIP
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                                                     State
        State citation            Title/subject    effective     EPA approval         Additional explanation
                                                      date           date
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                                               Chapter 1--General
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Section 199...................  Definitions and       4/29/97  12/7/99           Definitions of the terms actual
                                 Abbreviations.                64 FR 68295        emissions, allowable
                                                                                  emissions, begin actual
                                                                                  construction, commence,
                                                                                  complete, major modification,
                                                                                  major stationary source,
                                                                                  necessary preconstruction
                                                                                  approvals, net emissions
                                                                                  increase, new source,
                                                                                  potential to emit, shutdown,
                                                                                  and significant.
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[FR Doc. 99-31543 Filed 12-6-99; 8:45 am]
BILLING CODE 6560-50-P