[Federal Register Volume 74, Number 114 (Tuesday, June 16, 2009)]
[Rules and Regulations]
[Pages 28447-28448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14017]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0595; FRL-8918-1]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Reasonably Available Control Technology Under the 
8-Hour Ozone National Ambient Air Quality Standard

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 SIP revision consists of a 
demonstration that the District of Columbia meets the requirements of 
reasonably available control technology (RACT) for nitrogen oxides 
(NOX) and volatile organic compounds (VOCs) set forth by the 
Clean Air Act (CAA). This SIP revision demonstrates that all 
requirements for RACT are met either through: Certification that 
previously adopted RACT controls in the District of Columbia's SIP that 
were approved by EPA under the 1-hour ozone National Ambient Air 
Quality Standard (NAAQS) are based on the currently available 
technically and economically feasible controls, and that they continue 
to represent RACT for the 8-hour implementation purposes; and a 
negative declaration demonstrating that no facilities exist in the 
District of Columbia for the applicable control technology guideline 
(CTG) categories. This action is being taken under the CAA.

DATES: Effective Date: The final rule is effective on July 16, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2008-0595. All documents in the electronic docket 
are listed in the http://www.regulations.gov index. Although listed in 
the index, 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 in http://www.regulations.gov or in hard copy 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, 51 N Street, NE., 6th Floor, Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Patrick J. Egan, (215) 814-3167, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 25, 2009 (75 FR 12778), EPA published a notice of proposed 
rulemaking (NPR) for the District of Columbia. The NPR proposed 
approval of the requirements of RACT under the 8-hour Ozone NAAQS. EPA 
received no comments on the proposal to approve the District of 
Columbia SIP revision. The formal SIP revision was submitted by the 
District of Columbia on September 22, 2008.

II. Summary of SIP Revision

    On September 22, 2008, the District of Columbia Department of 
Environment (DDOE) submitted a revision to its SIP that addresses the 
requirements of RACT under the 8-hour ozone NAAQS set forth by the CAA. 
The District of Columbia's SIP revision is consistent with the process 
in the Phase 2 Rule preamble, and satisfies the requirements of RACT 
set forth by the CAA under the 8-hour ozone NAAQS. The District of 
Columbia's SIP revision satisfies the 8-hour RACT requirements through 
a certification that previously adopted RACT controls in the District 
of Columbia's SIP that were approved by EPA under the 1-hour ozone 
NAAQS are based on the currently available technically and economically 
feasible controls, and continues to represent RACT for the 8-hour 
implementation purposes and a negative declaration demonstrating that 
facilities exist in the District of Columbia for the applicable control 
technology guideline (CTG) categories.

III. Final Action

    EPA is approving the District of Columbia SIP revision that 
addresses the requirements of RACT under the 8-hour ozone NAAQS. The 
District of Columbia's SIP revision was submitted on September 22, 
2008.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 Clean Air Act. Accordingly, 
this action merely proposes to approve 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

[[Page 28448]]

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 August 17, 2009. 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 RACT 
provisions under the 8-hour ozone 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, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: June 5, 2009.
William C. Early,
Acting Regional Administrator, Region III.

0
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 the 
entry for ``RACT under the 8-hour ozone NAAQS''--District of Columbia--
at the end of the table to read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

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   Name of non-regulatory SIP          Applicable           State                                Additional
            revision                geographic area    submittal date   EPA approval date       explanation
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                                                  * * * * * * *
RACT under the 8-Hour ozone       District of                 9/22/08  6/16/09, [Insert
 NAAQS.                            Columbia.                            page number where
                                                                        the document
                                                                        begins].
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[FR Doc. E9-14017 Filed 6-15-09; 8:45 am]
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