[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19538-19541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08182]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0701; FRL-9925-93-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Infrastructure Requirements for the 2008 Ozone,
2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air
Quality Standards; Approval of Air Pollution Emergency Episode Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of three State Implementation Plan (SIP) revision submittals
from the District of Columbia (the District) pursuant to the Clean Air
Act (CAA). Whenever new or revised national ambient air quality
standards (NAAQS) are promulgated, the CAA requires states to submit a
plan for the implementation, maintenance, and enforcement of such
NAAQS. The plan is required to address basic program elements,
including, but not limited to, regulatory structure, monitoring,
modeling, legal authority, and adequate resources necessary to assure
attainment and maintenance of the standards. These elements are
referred to as infrastructure requirements. The District has made three
separate submittals addressing the infrastructure requirements for the
2008 ozone NAAQS, the 2010 nitrogen dioxide (NO2) NAAQS, and
the 2010 sulfur dioxide (SO2) NAAQS. One of the submittals
also includes the ``Revised Air Quality Emergency Plan for the District
of Columbia'' for satisfying EPA's requirements for air quality
emergency episodes.
DATES: This final rule is effective on May 13, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0701. 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
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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 of Columbia Department of the Environment,
Air Quality Division, 1200 1st Street NE., 5th floor, Washington, DC
20002.
FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 21, 2014 (80 FR 2865), EPA published a notice of
proposed rulemaking (NPR) for the District. In the NPR, EPA proposed
approval of portions of the District's three infrastructure SIP
submissions addressing the requirements of section 110(a)(2) of the CAA
for the 2008 ozone NAAQS, the 2010 NO2 NAAQS, and the 2010
SO2 NAAQS. The NPR also proposed approval of the District's
Air Quality Emergency Plan to meet EPA's requirements for air pollution
prevention contingency plans in 40 CFR part 51, subpart H and section
110(a)(2)(G) of the CAA.
II. Summary of SIP Revision
The District, through the District Department of the Environment
(DDOE), submitted three separate revisions to its SIP to satisfy the
requirements of section 110(a)(2) of the CAA for the different NAAQS.
On June 6, 2014, DDOE submitted a SIP revision addressing the
infrastructure requirements for the 2010 NO2 NAAQS. On June
13, 2014, DDOE submitted an infrastructure SIP revision for the 2008
ozone NAAQS. On July 17, 2014, DDOE submitted an infrastructure SIP
revision for the 2010 SO2 NAAQS. Each of the infrastructure
SIP revisions addressed the following infrastructure elements for the
applicable NAAQS: Section 110(a)(2)(A), (B), (C), (D)(i)(I),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the
CAA. The infrastructure SIP submittals do not address section
110(a)(2)(I) which pertains to the nonattainment requirements of part
D, Title I of the CAA, because this element is not required to be
submitted by the 3-year submission deadline of CAA section 110(a)(1)
and will be addressed in a separate process, if necessary.
As discussed in the NPR, EPA will take separate action on the
portions of the three infrastructure submittals addressing section
110(a)(2)(D)(i)(I) requiring the SIP to address emissions from sources
which significantly contribute to nonattainment or interference with
maintenance of the NAAQS (also referred to as transport) in another
state. In addition, EPA is not required to take rulemaking action on
the PSD-related portions of section 110(a)(2)(C), (D)(i)(II), (D)(ii),
and (J) for the District's infrastructure SIP submittals, as EPA found
these portions of each of the infrastructure SIP submittals technically
incomplete, because the District has not adequately addressed the SIP
requirements of part C of Title I of the CAA for having a SIP-approved
PSD program.\1\ However, EPA recognizes that the District is already
subject to a Federal Implementation Plan (FIP) containing the Federal
PSD program that addresses the relevant SIP requirements.\2\ EPA does
not anticipate any adverse consequences to DDOE from these
incompleteness findings. In addition, EPA is not subject to any further
FIP duties from these incompleteness findings because a FIP has already
been issued to address this SIP deficiency.
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\1\ EPA sent letters to DDOE in July 21, 2014 and November 4,
2014 notifying the District of these determinations for each of the
applicable NAAQS. Copies of these letters are included in the docket
for this rulemaking action.
\2\ At present, the PSD FIP, incorporated by reference in the
District SIP in 40 CFR 52.499, specifically contains the provisions
of 40 CFR 52.21, with the exception of paragraph (a)(1).
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In addition, the June 13, 2014 SIP submittal included the ``Revised
Air Quality Emergency Plan for the District of Columbia'' to satisfy
the requirements for preventing air pollution emergency episodes in 40
CFR part 51, subpart H for all applicable pollutants (i.e., those for
which the District is classified as a Priority I region under 40 CFR
52.471, including particulate matter, sulfur oxides (SOX),
carbon monoxide (CO), and ozone), as well as section 110(a)(2)(G) of
the CAA for the three subject NAAQS.
EPA's rationale for taking this rulemaking action, including the
scope of infrastructure SIPs in general, is explained in the NPR and
the technical support document (TSD) accompanying the NPR and will not
be restated here. The TSD for this rulemaking is available at
www.regulations.gov, Docket number EPA-R03-OAR-2014-0701. No public
comments were received on the NPR.
III. Final Action
EPA is approving the District's infrastructure submittals dated
June 6, 2014, June 13, 2014, and July 17, 2014 for the 2010
NO2 NAAQS, the 2008 ozone NAAQS, and the 2010 SO2
NAAQS, respectively, as meeting the following requirements of section
110(a)(2) of the CAA for the three relevant NAAQS: 110(a)(2)(A), (B),
(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
EPA will take later separate action on the portions of each of the
submittals addressing section 110(a)(2)(D)(i)(I), pertaining to
transport. EPA is also approving as a SIP revision the ``Revised Air
Quality Emergency Plan for the District of Columbia,'' submitted on
June 13, 2014, as it satisfies the requirements of 40 CFR part 51,
subpart H for all applicable pollutants and section 110(a)(2)(G) of the
CAA for the 2008 ozone NAAQS, the 2010 NO2 NAAQS, and the
2010 SO2 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 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
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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 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 June 12, 2015. 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 section
110(a)(2) infrastructure requirements for the 2008 ozone, the 2010
NO2, and the 2010 SO2 NAAQS and to the District
of Columbia's contingency plan for the prevention of air pollution
episodes, 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, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2015.
William C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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
following four entries at the end of the table:
0
a. ``Section 110(a)(2) Infrastructure Requirements for the 2010
NO2 NAAQS'';
0
b. ``Section 110(a)(2) Infrastructure Requirements for the 2008 Ozone
NAAQS'';
0
c. ``Section 110(a)(2) Infrastructure Requirements for the 2010
SO2 NAAQS''; and
0
d. ``Emergency Air Pollution Plan''.
The additions read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable State
revision geographic area submittal date EPA approval date Additional explanation
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* * * * * * *
Section 110(a)(2) Statewide......... 6/9/14 4/13/15 [Insert This action addresses
Infrastructure Requirements Federal Register the following CAA
for the 2010 NO2 NAAQS. Citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). PSD
related portions are
addressed by FIP in 40
CFR 52.499.
Section 110(a)(2) Statewide......... 6/13/14 4/13/15 [Insert This action addresses
Infrastructure Requirements Federal Register the following CAA
for the 2008 Ozone NAAQS. Citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). PSD
related portions are
addressed by FIP in 40
CFR 52.499.
Section 110(a)(2) Statewide......... 7/17/14 4/13/15 [Insert This action addresses
Infrastructure Requirements Federal Register the following CAA
for the 2010 SO2 NAAQS. Citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). PSD
related portions are
addressed by FIP in 40
CFR 52.499.
Emergency Air Pollution Plan... Statewide......... 6/13/14 4/13/15 [Insert This action addresses
Federal Register the requirements of 40
Citation]. CFR 51, subpart H for
particulate matter,
sulfur oxides (SOX),
carbon monoxide (CO),
and ozone, as well as
section 110(a)(2)(G)
of the CAA for the
2008 ozone, 2010 SO2,
and 2010 NO2 NAAQS.
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[FR Doc. 2015-08182 Filed 4-10-15; 8:45 am]
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