[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14458-14461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05201]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC104-2052; FRL-9955-98-Region 3]


Air Plan Approval; District of Columbia; Update to Materials 
Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the 
materials that are incorporated by reference (IBR) into the District of 
Columbia state implementation plan (SIP). The regulations affected by 
this update have been previously submitted by the District of Columbia 
Department of Energy and Environment (DoEE) and approved by EPA. This 
update affects the SIP materials that are available for public 
inspection at the National Archives and Records Administration (NARA) 
and the EPA Regional Office.

DATES: This action is effective March 21, 2017.

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; and 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. To view the material at 
the EPA, Region III Office, EPA requests that you email the contact 
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376 or by 
email 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 
the 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 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), March 19, 2009 (74 FR 11647), and February 22, 2011 
(76 FR 9652), 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 following District of Columbia 
regulations:

A. Added Regulations and Statutes

    1. Chapter 2 (General and Non-attainment Area Permits), sections 
208 and 210.
    2. Chapter 7 (Volatile Organic Compounds), sections 714, 755 
through 758 inclusive, and 763 through 778 inclusive.
    3. DC Official Code, Title I, Chapter 11A, (Government Ethics 
and Accountability), sections 1-1161.01(Definitions), 1-1161.23 
(Conflicts of Interest), 1-1161.24 (Public Reporting), and 1-1161.25 
(Confidential Disclosure of Financial Interest).

B. Revised Regulations

    1. Chapter 1 (General), sections 100 and 199.
    2. Chapter 2 (General and Non-attainment Area Permits), sections 
200, 204, and 299.
    3. Chapter 7, (Volatile Organic Compounds), sections 700, 710, 
715 through 737 inclusive, 743 through 749, 751 through 754 
inclusive, and 799.
    4. Chapter 10, title change to Air Quality--Non EGU Limits on 
Nitrogen Oxides Emissions, as well as title changes and revisions to 
sections 1001 through 1004.

C. Removed Regulations

    1. Chapter 2 (General and Non-attainment Area Permits), section 
206
    2. Chapter 7, (Volatile Organic Compounds), sections 707, 708, 
738 through 742 inclusive, and 750.
    3. Chapter 10 (Air Quality--Non EGU Limits on Nitrogen Oxides 
Emissions), sections 1005 through 1014 inclusive, and 1099.

II. EPA Action

    In this action, EPA is doing the following:

A. In 40 CFR 52.470(b)

    Announcing the update to the IBR material as of July 1, 2016 and 
revising the text within 40 CFR 52.470(b).

B. In 40 CFR 52.470(c)

    1. Correcting a typographical error in the title for chapter 7, 
section 702.
    2. Removing the five existing entries for chapter 7, section 799 
with an EPA approval date prior to April 29, 2013.

C. In 40 CFR 52.470(e)

    Revising the Applicable Geographic Area from ``Statewide'' to 
``District of Columbia'' for the following titled areas currently 
found within 52.470(e): Regional Haze Plan; Section 110(a)(2) 
Infrastructure Requirements for the 2008 Lead NAAQS; the Clean Air 
Act (CAA) section 128 requirements in relation to State Boards; 
section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen 
Dioxide (NO2) National Ambient Air Quality Standards 
(NAAQS); Section 110(a)(2) Infrastructure Requirements for the 2008 
Ozone NAAQS; Section 110(a)(2) Infrastructure Requirements for the 
2010 Sulfur Dioxide (SO2) NAAQS; Emergency Air Pollution 
Plan; and the Interstate Pollution Transport Requirements for the 
2010 NO2 NAAQS.

III. Good Cause Exemption

    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). This 
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 Code 
of Federal Register benefits the public by removing outdated citations 
and incorrect table entries.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of 
previously EPA approved regulations promulgated by the District of 
Columbia and federally effective prior to July 1, 2016. Therefore, 
these materials have been approved by EPA for inclusion in the SIP, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the

[[Page 14459]]

Director of the Federal Register in the next update to the SIP 
compilation.\1\ The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region III Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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V. 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) 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).
    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 recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 7, 2017.
Cecil Rodrigues,
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. Section 52.470 is amended by:
0
a. Revising paragraph (b);
0
b. Revising paragraph (c) table entry for Section 702;
0
c. Removing the second through sixth entries for Section 799 from 
paragraph (c) table; and
0
d. In paragraph (e), by revising the following entries: Regional Haze 
Plan; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead 
NAAQS; CAA section 128 requirements in relation to State Boards; 
Section 110(a)(2) Infrastructure Requirements for the 2010 
NO2 NAAQS; Section 110(a)(2) Infrastructure Requirements for 
the 2008 Ozone NAAQS; Section 110(a)(2) Infrastructure Requirements for 
the 2010 SO2 NAAQS; Emergency Air Pollution Plan; and 
Interstate Pollution Transport Requirements for the 2010 NO2 
NAAQS.
    The amendments read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to July 1, 
2016, 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. Material is incorporated as it exists on the date of 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 the 
EPA approval dates after July 1, 2016 for the District of Columbia, 
will be incorporated by reference in the next update to the SIP 
compilation.
    (2) EPA Region III certifies that the materials 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 the 
dates referenced in paragraph (b)(1). No additional revisions were made 
to paragraph (d) between December 1, 2010 and July 1, 2016.

[[Page 14460]]

    (3) Copies of the materials incorporated by reference into the 
state implementation plan may be inspected at the Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. To obtain the material, please call the Regional 
Office at (215) 814-3376. You may also inspect the material with an EPA 
approval date prior to July 1, 2016 for the District of Columbia at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *

                      EPA-Approved Regulations and Statutes in the District of Columbia SIP
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                                                               State                              Additional
         State citation               Title/subject       effective date  EPA approval date      explanation
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                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
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                                      Chapter 7 Volatile Organic Compounds
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                                                  * * * * * * *
Section 702....................  Control of Volatile             3/15/85  10/27/99, 64 FR
                                  Organic Compound Leaks                   57777.
                                  from Petroleum
                                  Refinery Equipment.
 
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* * * * *
    (e) * * *

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                                     Applicable
   Name of non-regulatory SIP       geographic or         State       EPA approval date   Additional explanation
            revision             nonattainment area  submittal date
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                                                  * * * * * * *
Regional Haze Plan.............  District of               10/27/11  2/2/12, 77 FR 5191
                                  Columbia.
 
                                                  * * * * * * *
Section 110(a)(2)                District of                7/18/13  10/22/13, 78 FR     This action addresses
 Infrastructure Requirements      Columbia.                           62455.              the following CAA
 for the 2008 Lead NAAQS.                                                                 elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M), or
                                                                                          portions thereof.
CAA section 128 requirements in  District of                7/18/13  10/22/13, 78 FR
 relation to State Boards.        Columbia.                           62455.
 
                                                  * * * * * * *
Section 110(a)(2)                District of                 6/9/14  4/13/15, 80 FR      This action addresses
 Infrastructure Requirements      Columbia.                           19538.              the following CAA
 for the 2010 NO2 NAAQS.                                                                  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)                District of                6/13/14  4/13/15, 80 FR      This action addresses
 Infrastructure Requirements      Columbia.                           19538.              the following CAA
 for the 2008 Ozone NAAQS.                                                                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)                District of                6/13/14  4/13/15, 80 FR      This action addresses
 Infrastructure Requirements      Columbia.                           19538.              the following CAA
 for the 2010 SO2 NAAQS.                                                                  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...  District of                6/13/14  4/13/15, 80 FR      This action addresses
                                  Columbia.                           19538.              the requirements of 40
                                                                                          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.
 
                                                  * * * * * * *
Interstate Pollution Transport   District of                 6/6/14  2/19/16, 81 FR      This action addresses
 Requirements for the 2010 NO2    Columbia.                           8406.               the infrastructure
 NAAQS.                                                                                   element of CAA section
                                                                                          110(a)(2)(D)(i)(I), or
                                                                                          the good neighbor
                                                                                          provision, for the
                                                                                          2010 NO2 NAAQS.
 

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[FR Doc. 2017-05201 Filed 3-20-17; 8:45 am]
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