[Federal Register Volume 65, Number 248 (Tuesday, December 26, 2000)]
[Rules and Regulations]
[Pages 81369-81371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32564]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC047-2024; FRL-6921-3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Reasonably Available Control Technology for 
Oxides of Nitrogen

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the District of Columbia. This revision requires major 
sources of nitrogen oxides (NOX) in the District to 
implement reasonably available control technology (RACT). EPA is 
approving these revisions to the District's SIP in accordance with the 
requirements of the Clean Air Act.

EFFECTIVE DATE: This final rule is effective on January 25, 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: Kelly L. Bunker, (215) 814-2177 or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to section 182 of the Clean Air Act (CAA), ozone 
nonattainment areas classified as serious or above are required to 
implement RACT for all major sources of NOX by no later than 
May 31, 1995. The major source size is determined by the classification 
of the nonattainment area and whether it is located in the Ozone 
Transport Region which was established by the CAA. Because the District 
of Columbia is classified as a serious ozone nonattainment area, major 
stationary sources are defined as those that emit or have the potential 
NOX to emit 50 tons or more of NOX per year.
    On January 13, 1994, the District of Columbia Department of 
Consumer and Regulatory Affairs (DCRA), now known as the District of 
Columbia Department of Public Health (DCPH), submitted revisions to its 
State Implementation Plan (SIP) that included a new regulation, Section 
805, entitled ``Reasonably Available Control Technology for Major 
Stationary Sources of Oxides of Nitrogen,'' to Subtitle I (Air Quality) 
of Title 20 of the District of Columbia Municipal Regulations (DCMR). 
Section 805 requires sources which emit or have the potential to emit 
50 tons or more of NOX per year to comply with RACT 
requirements by May 31, 1995.
    On February 25, 1999 (64 FR 9272), EPA published a direct final 
rulemaking (DFR) conditionally approving the District of Columbia's 
NOX RACT regulation found in section 805 of Title 20 of the 
DCMR. A companion notice of proposed rulemaking (NPR) proposing 
conditional approval the District of Columbia's NOX RACT 
regulation was published in the Proposed Rules section of the same 
February 25, 1999 Federal Register (64 FR 9289). In the February 25, 
1999 DFR, EPA stated that if adverse comments were received within 30 
days of its publication, EPA would publish a document announcing the 
withdrawal of that DFR before its effective date. Because EPA did 
receive adverse comments on the February 25, 1999 DFR within the 
prescribed time frame, we withdrew it. Under these circumstances the 
companion NPR remained in effect and interested parties submitted 
comments pursuant to that NPR. The withdrawal of the DFR document 
appeared in the Federal Register on April 13, 1999 (70 FR 17982).
    On August 28, 2000, the District of Columbia submitted proposed 
revisions to EPA, for parallel processing, to Section 805 of Title 20 
of the DCMR as a supplement to its January 13, 1994 SIP submittal. 
These revisions correct the deficiencies identified in the February 25, 
1999 notice. On September 28, 2000 (65 FR 58249), EPA published a new 
NPR which withdrew its February 25, 1999 proposed conditional approval 
and instead proposed full approval of the District's NOX 
RACT regulation as amended by its August 28, 2000 submittal. The 
specific requirements of the District of Columbia's NOX RACT 
regulation and the rationale for EPA's approval are explained in the 
September 28, 2000 NPR and will not be restated here. No public 
comments were received on the September 28, 2000 NPR.
    These proposed revisions were approved by the District of Columbia 
City Council on October 17, 2000, adopted on October 26, 2000 and 
became permanent and effective on December 8, 2000. EPA is fully 
approving the District of Columbia's NOX RACT regulation 
found in section 805 of Title 20 of the DCMR submitted on January 13, 
1994 and supplemented on August 28, 2000, October 26, 2000 and December 
8, 2000.

II. Final Action

    EPA is fully approving the District of Columbia's NOX 
RACT regulation found in section 805 of Title 20 of the DCMR. This SIP 
revision was submitted by the District of Columbia on January 13, 1994 
and supplemented with a revised version of section 805 of Title 20 of 
the DCMR submitted for parallel processing on August 28, 2000. The 
revised regulations were adopted by the District of Columbia on October 
26, 2000 and became permanent and effective in the District on December 
8, 2000. The District submitted the fully adopted and effective revised 
version of section 805 of Title 20 of the DCMR to EPA on December 8, 
2000. The regulations formally adopted were exactly the same as the 
proposed version upon which EPA proposed approval. Approval of this SIP 
revision is necessary for full approval of the attainment demonstration 
SIP for the Metropolitan Washington, DC ozone nonattainment area.

[[Page 81370]]

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 (Pub. L. 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, 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 26, 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 approving the District of Columbia's 
NOX RACT regulation 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, Intergovernmental 
relations, Nitrogen dioxide, 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 8, Section 805 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
           State citation                             Title/subject                   State effective date    EPA approval date           Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                            *                  *                  *                  *                  *                  *
             Chapter 8               Asbestos, Sulfur and Nitrogen Oxides..........
 
                            *                  *                  *                  *                  *                  *
Section 805........................  Reasonably Available Control Technology For     11/19/93 and 12/8/00.  Type: 12/26/00.......
                                      Major Stationary Sources of Oxides of
                                      Nitrogen.
                            *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 81371]]

[FR Doc. 00-32564 Filed 12-22-00; 8:45 am]
BILLING CODE 6560-50-P