[Federal Register Volume 65, Number 247 (Friday, December 22, 2000)]
[Rules and Regulations]
[Pages 80783-80785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32566]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC048-2023; FRL-6921-1]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Nitrogen Oxides Budget 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 (the District). This revision 
implements the District's portion of the Ozone Transport Commission's 
(OTC) September 27, 1994 Memorandum of Understanding (MOU) which 
describes a regional nitrogen oxides ( NOX) cap and trade 
program that will significantly reduce NOX emissions 
generated within the Ozone Transport Region (OTR). The intended effect 
of this action is to approve of the District's regulations entitled, 
NOX Emissions Budget Program as a SIP revision in accordance 
with the requirements of the Clean Air Act.

EFFECTIVE DATE: This final rule is effective on January 22, 2001.

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: Cristina Fernandez, (215) 814-2178, or 
via e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 28, 2000, the District's Department of Health submitted a 
revision to its SIP for parallel processing. The revision to the SIP 
includes the addition of a new Chapter 10, Nitrogen Oxides Emissions 
Budget Program, to Title 20 of the District of Columbia Municipal 
Regulations (DCMR). On December 8, 2000, the District submitted fully 
adopted regulations as a supplement to its August 28, 2000 submittal. 
The revisions implement the Ozone Transport Commission's (OTC) 
September 27, 1994 Memorandum of Understanding (MOU) in the District. 
In accordance with the MOU, the revisions implement the District 
portion of a regional NOX cap and trade program that 
significantly reduces NOX emissions generated within the 
Ozone Transport Region (OTR). On October 19, 2000 (65 FR 62671), EPA 
published a notice of proposed rulemaking (NPR) for the District of 
Columbia proposing to approve the August 28, 2000 SIP revision. That 
NPR provided for a public comment period ending on November 9, 2000. On 
November 9, 2000 (65 FR 67319), EPA published a notice extending the 
comment period to November 20, 2000. A detailed description of these 
SIP revisions and EPA's rationale for approving them were provided in 
the October 19, 2000 NPR and will not be restated here. EPA received no 
comments on its proposed action to approve this SIP revision.

II. Final Action

    EPA is approving the SIP revision request submitted for parallel 
processing by the District's Department of Health on August 28, 2000. 
The SIP revision and its associated regulations were formally adopted 
by the District of Columbia on December 8, 2000. The District formally 
submitted the fully adopted regulations to EPA as a supplement to its 
August 28, 2000 submittal. The regulations formally adopted were 
exactly the same as the proposed version upon which EPA proposed 
approval. The SIP revision consists of the District's Chapter 10--
Nitrogen Oxides Emissions Budget Program and implements the District's 
portion of Phase II of the OTC's MOU to reduce nitrogen oxides. 
Approval of this SIP revision is necessary for full approval of the 
attainment demonstration SIP for the Metropolitan Washington, DC ozone 
nonattainment area.

III. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This 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,

[[Page 80784]]

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. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

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 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).

C. 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 February 20, 2001. 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 to approve the District of Columbia 
NOX Budget Program 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.

    Dated: December 14, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.

    40 CFR part 52 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 et seq.

Subpart J--District of Columbia

    2. In Sec. 52.470, an entry for Chapter 10 is added in numerical 
order in the ``EPA Approved Regulations in the District of Columbia 
SIP'' table in paragraph (c) to read as follows:


Sec. 52.470  Identification of plan.

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

                            EPA-APPROVED REGULATIONS IN THE DISTRICT OF COLUMBIA SIP
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                                                           State
      State Citation               Title/Subject         Effective    EPA Approval Date           Comments
                                                           Date
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 *                  *                  *                  *                  *                  *              *
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   Chapter 10  Nitrogen
  Oxides Emissions Budget
          Program
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Section 1000..............  Applicability.............    12/08/00  December 22, 2000.
                                                                    65 FR 80784..........
Section 1001..............  General Provisions........    12/08/00
Section 1002..............  Allowance Allocation......    12/08/00
Section 1003..............  Permits...................    12/08/00
Section 1004..............  Allowance Transfer and Use    12/08/00
Section 1005..............  Allowance Banking.........    12/08/00
Section 1006..............  NOX Allowance Tracking        12/08/00
                             System.
Section 1007..............  Emission Monitoring.......    12/08/00
Section 1008..............  Record Keeping............    12/08/00
Section 1009..............  Reporting.................    12/08/00
Section 1010..............  End-Of-Season                 12/08/00
                             Reconciliation.
Section 1011..............  Compliance Certification..    12/08/00
Section 1012..............  Penalties.................    12/08/00
Section 1013..............  Program Audit.............    12/08/00
Section 1099..............  Definitions and               12/08/00
                             Abbreviations.
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[FR Doc. 00-32566 Filed 12-21-00; 8:45 am]
BILLING CODE 6560-50-P