[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37305-37307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16821]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0267; FRL-9965-73-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Regional Haze Five-Year Progress Report State 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the District of Columbia state implementation plan (SIP) 
submitted by the District of Columbia (the District) through the 
District of Columbia Department of Energy and Environment (DOEE). The 
District's SIP submittal addresses requirements of the Clean Air Act 
(CAA) and EPA's rules that require states to submit periodic reports 
describing progress towards reasonable progress goals (RPGs) 
established for regional haze and a determination of the adequacy of 
the state's existing SIP addressing regional haze (regional haze SIP). 
No comments were received in response to EPA's proposed rulemaking 
action published on May 30, 2017. EPA is approving the District's SIP 
submittal because EPA has determined that it satisfactorily addresses 
the progress report and adequacy determination requirements for the 
first implementation period for regional haze.

DATES: This final rule is effective on September 11, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0267. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., 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 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 30, 2017 (82 FR 24617), EPA published a notice of proposed 
rulemaking (NPRM) for the District. In the NPRM, EPA proposed approval 
of the District's regional haze five-year progress report SIP, a report 
on progress towards RPGs, for the first implementation period. This 
progress report SIP and accompanying cover letter also included a 
determination that the District's existing regional haze SIP requires 
no substantive revision to achieve the established regional haze 
visibility improvement and emissions reduction goals for 2018. No 
comments were received in response to EPA's proposed rulemaking notice.
    States were required to submit, in the form of a SIP revision, a 
progress report every five years that evaluates progress towards the 
RPGs for each mandatory Class I Federal area within the state and in 
each mandatory Class I Federal area outside the state which may be 
affected by emissions from within the state. See 40 CFR 51.308(g). In 
addition, the provisions under 40 CFR 51.308(h) require states to 
submit, at the same time as the 40 CFR 51.308(g) progress report, a 
determination of the adequacy of the state's existing regional haze 
SIP. On October 27, 2011, DOEE submitted its first regional haze SIP in 
accordance with the requirements of 40 CFR 51.308 as they existed at 
the time. The progress report SIP revision was submitted by DOEE on 
March 2, 2016 and EPA finds that it satisfies the requirements of 40 
CFR 51.308(g) and (h).

II. Summary of SIP Revision

    On March 2, 2016, the District submitted a SIP revision to address 
progress made towards RPGs. This progress report SIP submittal also 
included a determination of the adequacy of the District's existing 
regional haze SIP.
    The provisions in 40 CFR 51.308(g) require a progress report SIP to 
address seven elements. EPA finds that the District's progress report 
SIP addressed each element under 40 CFR 51.308(g). The seven elements 
and EPA's conclusion are briefly summarized later in this preamble; 
however, the detailed rationale for EPA's action is explained in the 
NPR and will not be restated here.
    The provisions in 40 CFR 51.308(g) require progress reports SIPs to 
include a description of the status of measures in the approved 
regional haze SIP; a summary of emissions reductions achieved; an 
assessment of visibility conditions for each Class I area in the state; 
an analysis of changes in emissions from source and activities within 
the state; an assessment of any significant changes in anthropogenic 
emissions within or outside the state that have limited or impeded 
progress in Class I areas impacted by the state's sources; an 
assessment of the sufficiency of the approved regional haze SIP; and a 
review of the state's visibility monitoring strategy. As explained in 
detail in the NPR, EPA finds that the District's progress report SIP 
submittal addressed each element and has therefore satisfied the 
requirements under 40 CFR 51.308(g).

[[Page 37306]]

    In addition, pursuant to 40 CFR 51.308(h), states are required to 
submit, at the same time as the progress report submission, a 
determination of the adequacy of their existing regional haze SIP and 
to take one of four possible actions based on information in the 
progress report. One possible action is submission of a negative 
declaration to EPA that no further substantive revision to the state's 
existing regional haze SIP is needed. In its progress report, the 
District submitted a negative declaration that it had determined that 
the existing regional haze SIP requires no substantive revision to 
achieve the RPGs for Class I areas. As explained in detail in the NPR, 
EPA concludes that the District adequately addressed 40 CFR 51.308(h) 
because decreasing emissions of visibility impairing pollutants, lack 
of Class I area impact from pollution sources within the District,\1\ 
and progress of regional Class I areas near the District towards RPGs 
for 2018 indicate that no further revisions to the District's SIP are 
necessary for this first regional haze implementation period. 
Therefore, EPA concludes that the District's progress report SIP meets 
the requirements of 40 CFR 52.308(h).
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    \1\ See 77 FR 5191, February 2, 2012 (discussing the District's 
lack of impacts on Class I areas).
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III. Final Action

    In accordance with section 110 of the CAA, EPA is approving the 
District's regional haze five-year progress report SIP revision, 
submitted on March 2, 2016, as meeting the applicable regional haze 
requirements set forth in 40 CFR 51.308(g) and (h).

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).
    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 October 10, 2017. 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 to approve the District's regional haze five-year 
progress report SIP revision 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 21, 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. In Sec.  52.470, the table in paragraph (e) is amended by adding an 
entry entitled ``Regional Haze Five-Year Progress Report'' to the end 
of the table to read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

[[Page 37307]]



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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 Five-Year        District of Columbia.....        03/02/16  08/10/17 [Insert  Addresses
 Progress Report.                                                          Federal           requirements of 40
                                                                           Register          CFR 51.308(g) and
                                                                           citation].        (h) for Regional
                                                                                             Haze Five-Year
                                                                                             Progress Report.
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[FR Doc. 2017-16821 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P