[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48439-48442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22253]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0701; FRL-9969-51-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Interstate Transport Requirements for the 2010 1-
Hour Sulfur Dioxide Standard

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 state implementation plan (SIP) revision 
submitted by the District of Columbia (the District). This revision 
pertains to the infrastructure requirement for interstate transport of 
pollution with respect to the 2010 1-hour sulfur dioxide 
(SO2) national ambient air quality standards (NAAQS). EPA is 
approving this revision in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This rule is effective on December 18, 2017 without further 
notice, unless EPA receives adverse written comment by November 17, 
2017. 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-2014-0701 at https://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, 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. 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: Joseph Schulingkamp, (215) 814-2021, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: On July 17, 2014, the District of Columbia 
(the District) through the District Department of Energy and the 
Environment (DDOEE) submitted a SIP revision addressing the 
infrastructure requirements under section 110(a)(2) of the CAA for the 
2010 1-hour SO2 NAAQS.

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I. Background

    On June 2, 2010, the EPA strengthened the SO2 primary 
standards, establishing a new 1-hour primary standard at the level of 
75 parts per billion (ppb), based on the 3-year average of the annual 
99th percentile of 1-hour daily maximum concentrations (hereafter ``the 
2010 1-hour SO2 NAAQS''). At the same time, the EPA also 
revoked the previous 24-hour and annual primary SO2 
standards. See 75 FR 35520 (June 22, 2010). See 40 CFR 50.11. The 
previous SO2 air quality standards were set in 1971, 
including a 24-hour average primary standard at 140 ppb and an annual 
average primary standard at 30 ppb. See 36 FR 8186 (April 30, 1971).
    SO2 is one of a group of highly reactive gases known as 
``oxides of sulfur.'' Nationally, the largest sources of SO2 
emissions are fossil fuel combustion at power plants and other 
industrial facilities. Smaller sources of SO2 emissions 
include industrial processes such as extracting metal from ore, and the 
burning of high sulfur containing fuels by locomotives, large ships, 
and non-road equipment. SO2 is linked with a number of 
adverse effects on the respiratory system.
    The CAA requires states to submit, within three years after 
promulgation of a new or revised NAAQS, SIPs meeting the applicable 
elements of sections 110(a)(1) and (2).\1\ Several of these applicable 
elements are delineated within section 110(a)(2)(D)(i) of the CAA. 
Section 110(a)(2)(D)(i) generally requires SIPs to contain adequate 
provisions to prohibit in-state emissions activities from having 
certain adverse air quality effects on neighboring states due to 
interstate transport of air pollution. There are four prongs within 
section 110(a)(2)(D)(i) of the CAA; section 110(a)(2)(D)(i)(I) contains 
prongs 1 and 2, while section 110(a)(2)(D)(i)(II) includes prongs 3 and 
4. According to the CAA's good neighbor provision located within 
section 110(a)(2)(D)(i)(I), a state's SIP must contain adequate 
provisions to prohibit any source or other type of emissions activity 
within the state from emitting air pollutants that ``contribute 
significantly to nonattainment in, or interfere with maintenance by, 
any other state with respect to any such national primary or secondary 
ambient air quality standard.'' Under section 110(a)(2)(D)(i)(I) of the 
CAA, EPA gives independent significance to the matter of nonattainment 
(prong 1) and to that of maintenance (prong 2).
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    \1\ SIP revisions that are intended to meet the requirements of 
section 110(a) of the CAA are often referred to as infrastructure 
SIPs and the elements under 110(a) are referred to as infrastructure 
requirements.
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II. Summary of SIP Revisions and EPA Analysis

    On July 17, 2014, the District, through DDOEE, submitted a revision 
to its SIP to satisfy the infrastructure requirements of section 
110(a)(2) of the CAA for the 2010 1-hour SO2 NAAQS, 
including section 110(a)(2)(D)(i)(I). On April 13, 2015 (80 FR 19538), 
the EPA approved the District's infrastructure SIP submittal for the 
2010 1-hour SO2 NAAQS for all applicable elements of section 
110(a)(2) with the exception of 110(a)(2)(D)(i)(I).\2\ This rulemaking 
action is addressing the portions of the District's infrastructure 
submittal for the 2010 1-hour SO2 NAAQS that pertain to 
transport requirements.\3\
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    \2\ In the April 13, 2015 action, the EPA also approved the 
District's infrastructure SIPs for the 2008 ozone and 2010 
NO2 NAAQS, with the exception of the transport elements 
in 110(a)(2)(D)(i)(I).
    \3\ For the EPA's explanation of its ability to act on discrete 
elements of section 110(a)(2), see 80 FR 2865 (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 
(January 21, 2015)).
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    The portion of the District's July 17, 2014 SIP submittal 
addressing interstate transport (for section 110(a)(2)(D)(i)(I)) 
includes an emissions inventory and air quality data that concludes 
that the District does not have sources that can contribute with 
respect to the 2010 1-hour SO2 NAAQS to nonattainment in, or 
interfere with maintenance in, any other state. The submittal also 
included currently available air quality monitoring data which alleged 
that SO2 levels continue to be well below the 2010 1-hour 
SO2 NAAQS in the District and in any areas surrounding or 
bordering the District. EPA has reviewed current monitoring data for 
SO2 and finds monitor data within the District, and in areas 
surrounding the District, continue to show no nonattainment issues with 
regards to the SO2 NAAQS.
    Additionally, the District described in its submittal several 
existing SIP-approved measures and other federally enforceable source-
specific measures, including measures pursuant to permitting 
requirements under the CAA, that apply to SO2 sources within 
the District. The District alleges with these measures, SO2 
emissions within the District are minimal. The EPA finds that the 
District's existing SIP provisions, as identified in the July 17, 2014 
SIP submittal, are adequate to prevent the District's emission sources 
from significantly contributing to nonattainment or interfering with 
maintenance in another state with respect to the 2010 1-hour 
SO2 NAAQS. In light of these measures, the EPA does not 
expect SO2 emissions in the District to increase 
significantly, and therefore does not expect monitors in the District 
and nearby states to have difficulty continuing to attain or maintain 
attainment of the NAAQS. A detailed summary of EPA's review and 
rationale for approval of this SIP revision as meeting CAA section 
110(a)(2)(D)(i)(I) for the 2010 1-hour SO2 NAAQS may be 
found in the Technical Support Document (TSD) for this rulemaking 
action, which is available online at www.regulations.gov, Docket number 
EPA-R03-OAR-2014-0701.

III. Final Action

    EPA is approving the portions of the District's July 17, 2014 SIP 
revision addressing interstate transport for the 2010 1-hour 
SO2 NAAQS as these portions meet the requirements in section 
110(a)(2)(D)(i)(I) of the CAA. 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 this 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 December 18, 2017 
without further notice unless EPA receives adverse comment by November 
17, 2017. 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.

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

[[Page 48441]]

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 December 18, 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. 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 this 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, addressing the District's interstate 
transport for the 2010 1-hour SO2 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, Sulfur oxides.

    Dated: September 29, 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 a 
second entry for ``Section 110(a)(2) Infrastructure Requirements for 
the 2010 SO2 NAAQS'' before the entry for ``Emergency Air 
Pollution Plan'' to read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

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                                                                 State
   Name of non-regulatory SIP     Applicable geographic area   submittal    EPA approval date      Additional
            revision                                              date                            explanation
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                                                  * * * * * * *
Section 110(a)(2)                District-wide..............     07/18/14  10/18/2017,         This action
 Infrastructure Requirements                                                [Insert Federal     addresses the
 for the 2010 SO2 NAAQS                                                     Register            infrastructure
 District-wide.                                                             citation].          element of CAA
                                                                                                section
                                                                                                110(a)(2)(D)(i)(
                                                                                                I), or the good
                                                                                                neighbor
                                                                                                provision, for
                                                                                                the 2010 SO2
                                                                                                NAAQS.
 
                                                  * * * * * * *
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[FR Doc. 2017-22253 Filed 10-17-17; 8:45 am]
 BILLING CODE 6560-50-P