[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9652-9655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3868]


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EVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC103-2051; FRL-9267-6]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: EPA is updating the materials submitted by the District of 
Columbia that are incorporated by reference (IBR) into the State 
implementation plan (SIP). The regulations affected by this update have 
been previously submitted by the State agency and approved by EPA. This 
update affects the SIP materials that are available for public 
inspection at the National Archives and Records Administration (NARA), 
the Air and Radiation Docket and Information Center located at EPA 
Headquarters in Washington, DC and the EPA Regional Office.

DATES: Effective Date: This action is effective February 22, 2011.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
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, 1301 Constitution Avenue NW., Room Number 3334, EPA West 
Building, Washington, DC 20460; or the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108 or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The SIP is a living document which the State revises as necessary 
to address its unique air pollution problems. Therefore, EPA from time 
to time must take action on SIP revisions containing new and/or revised 
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 
EPA revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between EPA and Office of 
the Federal Register (OFR). The description of the revised SIP 
document, IBR procedures and (``Identification'') of plan format are 
discussed in further detail in the May 22, 1997 Federal Register 
document. On December 7, 1998, (63 FR 67407) EPA

[[Page 9653]]

published a document in the Federal Register beginning the new IBR 
procedure for the District of Columbia. On August 6, 2004 (69 FR 
47773), September 6, 2005 (70 FR 52919) and March 19, 2009 (74 FR 
11647), EPA published updates to the IBR material for the District of 
Columbia.
    Since the publication of the last IBR update, EPA has approved the 
following regulatory changes to the IBR materials in paragraph 40 CFR 
52.470(c):
    1. The addition of 20 DCMR Chapter 15.
    2. A revision to the Title of 20 DCMR Chapter 4.
    3. The removal of Section 403 of 20 DCMR, Chapter 4.

II. EPA Action

    In this action, EPA is doing the following:
    1. Announcing the update to the IBR material as of December 1, 
2010.
    2. Correcting the title entry for 20 DCMR Chapter 4 in paragraph 
52.470(c).
    3. Making corrections to several table entries in paragraph 
52.470(e) so that the date format in the ``state submittal date'' and 
``EPA approval date'' columns are consistent with that of the table.
    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). 
Today's rule simply codifies provisions which are already in effect as 
a matter of law in Federal and approved State programs. Under section 
553 of the APA, an agency may find good cause where procedures are 
``impractical, unnecessary, or contrary to the public interest.'' 
Public comment is ``unnecessary'' and ``contrary to the public 
interest'' since the codification only reflects existing law. Immediate 
notice in the CFR benefits the public by removing outdated citations 
and incorrect table entries.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (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 CAA. Accordingly, 
this action merely approves 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 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

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. Prior EPA rulemaking actions for each individual 
component of the District of Columbia SIP compilations had previously 
afforded interested parties the opportunity to file a petition for 
judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of such rulemaking action. Thus, EPA 
sees no need in this action to reopen the 60-day period for filing such 
petitions for judicial review for this ``Identification of plan'' 
update action for the District of Columbia.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and record keeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 1, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    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. Section 52.470 is amended by:
0
a. Revising paragraph (b).
0
b. In paragraph(c), revising the title heading for Chapter 4.
0
c. Revising the following entries in paragraph(e): 15% Rate of Progress 
Plan, 1996-1999 Rate-of-Progress plan SIP, 1990 Base Year Inventory 
Revisions, 1999-2005 Rate-of-Progress Plan SIP Revision and the 
Transportation Control Measures (TCMs) in Appendix J, VMT Offset SIP 
Revision, Contingency Measure Plan, and 1-hour Ozone Modeled 
Demonstration of Attainment and Attainment Plan.
    The amendments read as follows:

[[Page 9654]]

Sec.  52.470  Identification of plan.

* * * * *
    (b) Incorporation by reference.
    (1) Material listed as incorporated by reference in paragraphs (c) 
and (d) was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. The material incorporated is as it exists on the date of the 
approval, and notice of any change in the material will be published in 
the Federal Register. Entries in paragraphs (c) and (d) of this section 
with EPA approval dates on or after December 1, 2010 will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region III certifies that the rules/regulations provided by 
EPA at the addresses in paragraph (b)(3) of this section are an exact 
duplicate of the officially promulgated State rules/regulations which 
have been approved as part of the State implementation plan as of 
December 1, 2010.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region III Office at 1650 Arch Street, 
Philadelphia, PA 19103. For further information, call (215) 814-2108; 
the EPA, Air and Radiation Docket and Information Center, Room Number 
3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 
20460. For further information, call (202) 566-1742; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) EPA-approved regulations.

                                  EPA-Approved District of Columbia Regulations
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                                                                State       EPA approval         Additional
          State citation                Title/subject      effective date       date            explanation
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                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
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                                                  * * * * * * *
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              Chapter 4 Ambient Monitoring, Emergency Procedures, and Chemical Accident Prevention
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* * * * *
    (e) EPA-approved non-regulatory and quasi-regulatory material.

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                                        Applicable
    Name of non-regulatory SIP         geographic or           State submittal date                EPA approval date             Additional explanation
             revision               nonattainment area
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                                                                      * * * * * * *
15% Rate of Progress Plan........  Metropolitan          4/16/98........................  08/05/99, 64 FR 42600..............  52.476(a).
                                    Washington Ozone
                                    Nonattainment Area.
 
                                                                      * * * * * * *
1996-1999 Rate-of-Progress plan    Washington 1-hour     11/3/97, 5/25/99...............  5/13/05, 70 FR 25688...............  1999 motor vehicle
 SIP.                               ozone nonattainment                                                                         emissions budgets of
                                    area.                                                                                       128.5 tons per day (tpy)
                                                                                                                                of VOC and 196.4 tpy of
                                                                                                                                NOx, effective 6/13/05.
1990 Base Year inventory           Washington 1-hour     9/5/03, 2/25/04................  5/13/05, 70 FR 25688...............  Effective date: 6/13/05.
 Revisions.                         ozone nonattainment
                                    area.
1999[dash]2005 Rate-of-Progress    Washington 1-hour     9/5/03, 2/25/04................  5/13/05, 70 FR 25688...............  Only the TCMs in Appendix
 Plan SIP Revision and the          ozone nonattainment                                                                         J of the 2/25/2004
 Transportation Control Measures    area.                                                                                       revision, 2002 motor
 (TCMs) in Appendix J.                                                                                                          vehicle emissions
                                                                                                                                budgets (MVEBs) of 125.2
                                                                                                                                tons per day (tpy) for
                                                                                                                                VOC and 290.3 tpy of
                                                                                                                                NOx, and, 2005 MVEBs of
                                                                                                                                97.4 tpy for VOC and
                                                                                                                                234.7 tpy of NOx,
                                                                                                                                effective 6/13/05.
VMT Offset SIP Revision..........  Washington 1-hour     9/5/03, 2/25/04................  5/13/05, 70 FR 25688...............  Effective date: 6/13/05.
                                    ozone nonattainment
                                    area.
Contingency Measure Plan.........  Washington 1-hour     9/5/03, 2/25/04................  5/13/05, 70 FR 25688...............  Effective date: 6/13/05.
                                    ozone nonattainment
                                    area.
1-hour Ozone Modeled               Washington 1-hour     9/5/03, 2/25/04................  5/13/05, 70 FR 25688...............  2005 motor vehicle
 Demonstration of Attainment and    ozone nonattainment                                                                         emissions budgets of
 Attainment Plan.                   area.                                                                                       97.4 tons per day (tpy)
                                                                                                                                for VOC and 234.7 tpy of
                                                                                                                                NOx, effective 6/13/05.
 
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[FR Doc. 2011-3868 Filed 2-18-11; 8:45 am]
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