[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54504-54506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19390]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0350; FRL-9950-73-Region 3]


Air Plan Approval; DC; Infrastructure Requirements for the 2012 
PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the District of Columbia (the 
District) state implementation plan (SIP). Whenever new or revised 
national ambient air quality standards (NAAQS) are promulgated, the 
Clean Air Act (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 a submittal addressing the 
infrastructure requirements for the 2012 annual fine particulate matter 
(PM2.5) NAAQS. EPA is approving these revisions addressing 
the infrastructure requirements for the 2012 PM2.5 NAAQS in 
accordance with the requirements of the CAA.

DATES: This rule is effective on October 17, 2016 without further 
notice, unless EPA receives adverse written comment by September 15, 
2016. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0350 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

    On December 28, 2015, the District submitted a formal SIP revision 
to its SIP. The District's SIP revision submittal addresses the 
following infrastructure elements for the implementation of the 2012 
annual PM2.5 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 submittal does not address 
section 110(a)(2)(I) which pertains to the nonattainment requirements 
of part D, title I of the CAA, since 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.

II. Summary of EPA's Rationale for Proposing Approval

    In accordance with 40 CFR part 51, appendix V, EPA found that the 
District's December 28, 2015 infrastructure SIP submittal is 
technically incomplete for the portions addressing the infrastructure 
elements in section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) relating 
to the permitting program for prevention of significant deterioration 
(PSD), because the District has not adequately addressed the 
requirements of part C of title I of the CAA for having a SIP approved 
PSD permit program. EPA found the remainder of the SIP submittal to be 
administratively and technically complete. On May 11, 2016, EPA sent a 
letter to the District Department of Environment and Energy (DDOEE) 
notifying the District of this determination.
    As a result of this incompleteness finding, EPA is not taking 
rulemaking action on the PSD related portions of section 110(a)(2)(C), 
(D)(i)(II), (D)(ii), and (J) for the 2012 annual PM2.5 
NAAQS, until the District through DDOEE submits a SIP to address the 
PSD permit program requirements of part C of title I of the CAA. EPA 
recognizes, however, that the District is

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already subject to a Federal Implementation Plan (FIP) containing the 
federal PSD program to correct the SIP deficiency and that DDOEE would 
not have to take further action for the FIP based permitting process to 
continue operating, as incorporated by reference in the District SIP in 
40 CFR 52.499.\1\ EPA's PSD FIP for the District consists of the 
implementation of the federal PSD provisions as codified in 40 CFR 
51.21, with the exception of paragraph (a)(1).
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    \1\ On August 7, 1980 (45 FR 52676, at 52741), EPA disapproved a 
number of states SIPs for PSD purposes, including the District of 
Columbia, and incorporated by reference portions of the federal PSD 
provisions in 40 CFR 52.21 into the implementation plans for those 
states. This FIP was subsequently amended to reflect amendments to 
the federal PSD rule, on March 10, 2003 (68 FR 11316, at 11322) and 
December 24, 2003 (68 FR 74483, at 74488). The PSD FIP is 
incorporated by reference in the District SIP in 40 CFR 52.499.
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    EPA does not anticipate any adverse consequences to DDOEE as a 
result of this incompleteness finding for the PSD related portions of 
section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for the District's 
2012 annual PM2.5 infrastructure SIP revision. First, 
mandatory sanctions would not apply to the District under CAA section 
179 because the failure to submit a PSD SIP is neither required under 
title I part D of the CAA, nor in response to a SIP call under section 
110(k)(5) of the CAA. Second, EPA is not subject to any further FIP 
duty from our finding of incompleteness because of the PSD FIP that is 
already been approved, which addresses the SIP deficiency.
    EPA finds that the remainder of the District's December 28, 2015 
infrastructure submittal provides the basic program elements specified 
in section 110(a)(2) of the CAA necessary to implement, maintain, and 
enforce the 2012 annual PM2.5 NAAQS. A detailed summary of 
EPA's review and rationale for approving the District's infrastructure 
SIP submittal for the 2012 annual PM2.5 NAAQS may be found 
in the technical support document (TSD) for this rulemaking action 
which is available on line at www.regulations.gov, Docket ID Number 
EPA-R03-OAR-2016-0350.

III. Final Action

    EPA is approving the District's December 28, 2015 infrastructure 
submittal for the 2012 annual PM2.5 NAAQS as meeting the 
requirements of section 110(a)(2) of the CAA, including specifically 
section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M) for this NAAQS, with the 
exception of the requirements related to the PSD permitting program of 
part C, title I of the CAA in section 110(a)(2)(C), (D)(i)(II), 
(D)(ii), and (J). This rulemaking does not include action on section 
110(a)(2)(I) which pertains to the nonattainment planning 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 section 110(a)(1) of 
the CAA, and will be addressed in a separate process where necessary 
and applicable. EPA is publishing this rule without prior proposal 
because EPA views this as a noncontroversial amendment and anticipates 
no adverse comment. However, in the ``Proposed Rules'' section of 
today's Federal Register, EPA is publishing a separate document that 
will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective on October 17, 2016 
without further notice unless EPA receives adverse comment by September 
15, 2016. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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).

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 October 17, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the

[[Page 54506]]

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. Parties with objections to this 
direct final rule are encouraged to file a comment in response to the 
parallel notice of proposed rulemaking for this action published in the 
proposed rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking action. This action which satisfies certain 
infrastructure requirements of section 110(a)(2) of the CAA for the 
2012 annual PM2.5 NAAQS for the District 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, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: August 4, 2016.
Shawn M. Garvin,
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

    In Sec.  52.470, the table in paragraph (e) is amended by adding an 
entry for Section 110(a)(2) Infrastructure Requirements for the 2012 
PM2.5 NAAQS to 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)                District of               12/28/15  8/16/16, [Insert    This action addresses
 Infrastructure Requirements      Columbia.                           Federal Register    the following CAA
 for the 2012 PM2.5 NAAQS.                                            citation].          elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D)(i)(I),
                                                                                          D(i)(II), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M). PSD
                                                                                          related portions are
                                                                                          addressed by FIP in 40
                                                                                          CFR 52.499.
 
                                                  * * * * * * *
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[FR Doc. 2016-19390 Filed 8-15-16; 8:45 am]
 BILLING CODE 6560-50-P