[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Rules and Regulations]
[Pages 5191-5193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2197]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0913; FRL-9625-5]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Regional Haze State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the District of Columbia Regional Haze Plan, 
a revision to the District of Columbia State Implementation Plan (SIP) 
addressing Clean Air Act (CAA) requirements and EPA's rules for states 
to prevent and remedy future and existing anthropogenic impairment of 
visibility in mandatory Class I areas through a regional haze program. 
EPA is also approving this revision since it meets the infrastructure 
requirements relating to visibility protection for the 1997 8-hour 
ozone National Ambient Air Quality Standard (NAAQS) and the 1997 and 
2006 fine particulate matter (PM2.5) NAAQS.

DATES: Effective Date: This final rule is effective on March 5, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0913. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, 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 through www.regulations.gov or in hard 
copy 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. Copies of the State 
submittal are available at the District Department of the Environment, 
1200 First Street NE., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814-2037, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On November 16, 2011 (76 FR 70929), EPA published a 
notice of proposed rulemaking (NPR) for the District of Columbia. The 
NPR proposed approval of the District of Columbia's regional haze plan 
for the first implementation period, through 2018. EPA proposed to 
approve this revision since it assures reasonable progress toward the 
national goal of achieving natural visibility conditions in Class I 
areas for the first implementation period. This revision also meets the 
infrastructure requirements of 110(a)(2)(D)(i)(II) and 110 (a)(2)(J), 
relating to visibility protection for the 1997 8-hour ozone NAAQS and 
the 1997 and 2006 PM2.5 NAAQS.

II. Summary of SIP Revision

    The revision includes a long term strategy with enforceable 
measures ensuring reasonable progress towards meeting the reasonable 
progress goals for the first planning period, through 2018. The 
District of Columbia's Regional Haze Plan contains the emission 
reductions needed to achieve the District of Columbia's share of 
emission reductions agreed upon through the regional planning process. 
Other specific requirements of the CAA and EPA's Regional Haze Rule and 
the rationale for EPA's proposed action are explained in the NPR and 
will not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving a revision to the District of Columbia State 
Implementation Plan submitted by the District of Columbia, through the 
District Department of the Environment (DDOE), on October 27, 2011, 
that addresses regional haze for the first implementation period. EPA 
is making a determination that the District of Columbia Regional Haze 
SIP contains the emission reductions needed to achieve the District of 
Columbia's share of emission reductions agreed upon through the 
regional planning process. Furthermore, the District of Columbia's 
Regional Haze Plan ensures that emissions from the District will not 
interfere with the reasonable progress goals for neighboring states' 
Class I areas. In addition, EPA is approving this revision because it 
meets the applicable visibility related requirements of the CAA section 
110(a)(2) including, but not limited to 110(a)(2)(D)(i)(II) and 
110(a)(2)(J), relating to visibility protection for the 1997 8-hour 
ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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 CAA. Accordingly, this 
action merely approves state law as meeting

[[Page 5192]]

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 District, 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 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 April 2, 2012. 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 Regional 
Haze Plan for the first implementation period, through 2018 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, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 24, 2012.
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. In Sec.  52.470, the table in paragraph (e) is amended by adding the 
entry for Regional Haze Plan 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 geographic       State       EPA approval         Additional
             revision                        area          submittal date       date            explanation
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                                                  * * * * * * *
Regional Haze Plan................  Statewide............        10/27/11  2/2/12 [Insert  .....................
                                                                              page number
                                                                                where the
                                                                                 document
                                                                                  begins]
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[FR Doc. 2012-2197 Filed 2-1-12; 8:45 am]
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