[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Rules and Regulations]
[Pages 8406-8408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03394]



40 CFR Part 52

[EPA-R03-OAR-2015-0750; FRL-9942-58-Region 3]

Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Interstate Pollution Transport Requirements for 
the 2010 Nitrogen Dioxide Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the District of 
Columbia (the District). This revision pertains to the infrastructure 
requirement of interstate transport pollution with respect to the 2010 
nitrogen dioxide (NO2) National Ambient Air Quality 
Standards (NAAQS). EPA is approving this revision in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on March 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0750. 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 through www.regulations.gov or may be viewed 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 Energy and 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].


I. Background

    Whenever new or revised 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 and are specified in 
section 110(a)(2) of the CAA. Particularly, section 110(a)(2)(D)(i)(I) 
of the CAA requires state SIPs to address any emissions activity in one 
state that contributes significantly to nonattainment, or interferes 
with maintenance, of the NAAQS in any downwind state. EPA sometimes 
refers to these requirements as prong 1 (significant contribution to 
nonattainment) and prong 2 (interference with maintenance), or 
conjointly as the ``good neighbor'' provision of the CAA.
    On December 4, 2015 (80 FR 75845), EPA published a notice of 
proposed rulemaking (NPR) for the District. In the NPR, EPA proposed 
approval of a SIP revision by the District addressing section 
110(a)(2)(D)(i)(I) with respect to the 2010 NO2 NAAQS. The 
formal SIP revision was submitted by the District on June 6, 2014.

II. Summary of SIP Revision

    The District submitted on June 6, 2014 a SIP revision to satisfy 
the infrastructure requirements of section 110(a)(2) of the CAA for the 
2010 NO2 NAAQS, including section 110(a)(2)(D)(i)(I) that 
pertains to interstate transport. This rulemaking action is addressing 
the portions of the District's June 6, 2014 infrastructure submittal 
for the 2010 NO2 NAAQS that pertain to transport 

    \1\ EPA has previously taken rulemaking action on the June 6, 
2014 SIP revision to address all other applicable infrastructure 
requirements for the 2010 NO2 NAAQS, with the exception 
of the transport elements in 110(a)(2)(D)(i)(I). See 80 FR 19538 
(April 13, 2015).


[[Page 8407]]

    The District's June 6, 2014 transport submittal concludes that the 
District does not have sources that can contribute to nonattainment in, 
or interfere with maintenance by, any other state with respect to the 
2010 NO2 NAAQS. A detailed summary of EPA's review and 
rationale for proposing approval of this SIP revision as meeting 
section 110(a)(2)(D)(i)(I) of the CAA for the 2010 NO2 NAAQS 
may be found in the NPR and the Technical Support Document (TSD) for 
this rulemaking action and will not be restated here. Both the NPR and 
TSD are available online at www.regulations.gov, Docket number EPA-R03-
OAR-2015-0750. No public adverse comments were received on the NPR.

III. Final Action

    EPA is approving the portions of the District's June 6, 2014 SIP 
revision submittal addressing interstate transport for the 2010 
NO2 NAAQS as a revision to the District SIP for purposes of 
meeting section 110(a)(2)(D)(i)(I) requirements with respect to this 

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 (Publ. 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).

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. 

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 19, 2016. 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, addressing the District's interstate transport 
requirements under the CAA for the 2010 NO2 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide.

    Dated: February 4, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:


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, the table in paragraph (e) is amended by adding an 
entry for ``Interstate Pollution Transport Requirements for the 2010 
NO2 NAAQS'' to the end of the table to read as follows:

Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

[[Page 8408]]

    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
                                                  * * * * * * *
Interstate Pollution Transport     Statewide..........          6/6/14  2/19/16 [Insert      This action
 Requirements for the 2010 NO2                                           Federal Register     addresses the
 NAAQS.                                                                  citation].           infrastructure
                                                                                              element of CAA
                                                                                              , or the good
                                                                                              provision, for the
                                                                                              2010 NO2 NAAQS.

[FR Doc. 2016-03394 Filed 2-18-16; 8:45 am]