[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Rules and Regulations]
[Pages 44498-44500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18855]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0701; FRL-9983-11--Region 3]
Air Plan Approval; District of Columbia; State Implementation
Plan for the Interstate Transport Requirements for the 2008 Ozone
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the District of
Columbia (the District) that pertains to the good neighbor and
interstate transport requirements of the Clean Air Act (CAA) for the
2008 ozone national ambient air quality standards (NAAQS). The CAA's
good neighbor provision requires EPA and states to address the
interstate transport of air pollution that affects the ability of other
states to attain and maintain the NAAQS. Specifically, the good
neighbor provision requires each state in its SIP to prohibit emissions
that will significantly contribute to nonattainment, or interfere with
maintenance, of a NAAQS in another state. The District submitted a SIP
revision on June 13, 2014 that addresses the interstate transport
requirements for the 2008 ozone NAAQS. On July 5, 2018, EPA published a
proposed rule for just the good neighbor provision of the District's
June 13, 2014 submittal. EPA is approving the District's SIP as having
adequate provisions to meet the requirements of the good neighbor
provision for the 2008 ozone NAAQS in accordance with section 110 of
the CAA.
DATES: This final rule is effective on October 1, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0701. All documents in the docket are listed on
the http://www.regulations.gov website. 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
http://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 13, 2014, the District Department of the Environment (DDOE)
on behalf of the District submitted a revision to its SIP to satisfy
the requirements of section 110(a)(2) of the CAA for the 2008 ozone
NAAQS. On April 13, 2015 (80 FR 19538), EPA approved all parts of the
District's June 13, 2014 submittal with the exception of the portion of
the submittal that addressed section 110(a)(2)(D)(i)(I) of the CAA.
Section 110(a)(2)(D)(i)(I), also called the good neighbor provision,
consists of two prongs that require that a state's \1\ 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\ The term state has the same meaning as provided in CAA
section 302(d) which specifically includes the District of Columbia.
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On July 5, 2018 (83 FR 31350), EPA published a notice of proposed
rulemaking (NPR) for the District of Columbia, approving the portion of
the June 13, 2014 District SIP revision addressing prongs 1 and 2 of
the interstate transport requirements for section 110(a)(2)(D)(i)(I)
for the 2008 ozone NAAQS.\2\
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\2\ All the other infrastructure SIP elements for the District
for the 2008 ozone NAAQS were addressed in a separate rulemaking.
See 80 FR 19538 (April 13, 2015).
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II. Summary of SIP Revision and EPA Analysis
In its June 13, 2014 submittal, the District identified the
implemented regulations within its SIP that limit nitrogen dioxide
(NOX) and/or volatile organic compound (VOC) emissions from
District sources.\3\ The District indicates that there are no electric
generating units (EGUs) \4\ or other large industrial sources of
NOX emissions within the District. In the submittal, the
District also included information on non-EGUs and mobile sources and
listed the SIP-approved measures that help to reduce NOX and
VOC emissions from non-EGU and mobile sources within the District. In
the submittal, the District points out that it will continue to rely on
federal measures to reduce NOX emissions from onroad and
nonroad engines. The District states its sources are already well
controlled, and states further reductions beyond the District's current
SIP measures are not economically feasible.
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\3\ Both NOX and VOCs are precursors to ozone
formation.
\4\ The District's last remaining EGUs were decommissioned in
2012, in part to meet permit requirements incorporated into the
District's Regional Haze SIP. 77 FR 5191 (February 2, 2012).
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EPA evaluated the District's submittal for the 2008 ozone NAAQS,
considering: Ozone precursor emissions; an analysis of District source
sectors; and in-place controls and regulations. Due to the District's
small number of sources and the high cost of further reductions, EPA
proposed in its July 5, 2018 NPR that the District's SIP, as presently
approved, contains adequate measures to prevent District sources from
interfering with maintenance or contributing significantly to
nonattainment in another state for the 2008 ozone NAAQS. The rationale
for EPA's proposed action was discussed in greater detail in the NPR
and accompanying technical support document (TSD) and will not be
restated here.
[[Page 44499]]
In this rulemaking action, EPA is approving one portion of the
District's June 13, 2014 submittal--the portion addressing prongs 1 and
2 of section 110(a)(2)(D)(i)(I) of the CAA. EPA previously acted on
other portions of Delaware's June 13, 2014 SIP submittal for the 2008
ozone NAAQS.\5\
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\5\ On April 13, 2015 (80 FR 19538), EPA approved portions of
the District's June 13, 2014 submittal for the 2008 ozone NAAQS
addressing the following: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). In
that action, EPA stated it would take later action on the portion of
the June 13, 2014 SIP submittal addressing section
110(a)(2)(D)(i)(I) of the CAA.
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III. Comments and EPA's Response
EPA received a total of four anonymous comments on the July 5, 2018
NPR. All of the comments received are included in the docket for this
action. Three of the comments did not concern any of the specific
issues raised in the NPR, nor did they address EPA's rationale for the
proposed approval of the District's submittal. Therefore, EPA is not
responding to those comments. EPA did receive one comment considered to
be relevant to this rulemaking action.
The commenter indicates that EPA was supposed to take action on the
District's SIP revision within 12 months of receiving the SIP
submittal. The commenter also indicates the length of time (4 years) it
took for EPA to approve the SIP revision from the time of its submittal
and questions if transported pollution could have been eliminated if
SIP revisions like this one were approved in a timely manner. The
commenter asks what air quality and human health impacts the delay of
this action has had on neighboring states.
EPA acknowledges that it missed the statutory deadline to take
action on the good neighbor portion of the District's June 13, 2014 SIP
submittal.\6\ However, at this time, EPA is taking final action on this
SIP revision, and by doing so it will meet all such outstanding
obligations under the CAA. The commenter provided no analysis of the
statutory consequences, if any, from the action. Further, EPA disagrees
with the commenter's questioning that the delayed action on the good
neighbor portions of the District's SIP revision has impacted air
quality and human health in neighboring states. As explained in the
NPR, EPA believes that the District's SIP, as presently approved,
contains adequate measures to prevent District sources from interfering
with other states' attainment and/or maintenance for the 2008 ozone
NAAQS. Thus, EPA's late action on the good neighbor portion of the
District of Columbia's June 13, 2014 SIP submittal did not cause any
delay in air quality and human health protections as the SIP relies on
already in-place regulations and controls that prevent District sources
from significantly contributing to nonattainment, or interfering with
maintenance, of the 2008 ozone NAAQS in another state.
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\6\ For clarification, section 110(k)(2) requires EPA to take
action 12 months after a SIP revision becomes complete, not 12
months after it is submitted, as the commenter indicates.
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IV. Final Action
EPA is approving the portion of the June 13, 2014 District SIP
revision addressing prongs 1 and 2 of the interstate transport
requirements for section 110(a)(2)(D)(i)(I) of the CAA for the 2008
ozone NAAQS.
On April 13, 2015 (80 FR 19538), EPA approved the following
infrastructure elements or portions thereof from the June 13, 2014
submittal: CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M). This action approves the
remaining portions of the June 13, 2014 SIP revision, which address
prongs 1 and 2 of section 110(a)(2)(D)(i)(I) of the CAA, also known as
the good neighbor provision. EPA did not take action upon these
elements in the Agency's prior SIP approval action, published on April
13, 2015 (80 FR 19538).
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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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
[[Page 44500]]
Court of Appeals for the appropriate circuit by October 30, 2018.
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 of Columbia's good neighbor provision for the 2008 ozone
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, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: August 21, 2018.
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
new entry for ``Section 110(a)(2) Infrastructure Requirements for the
2008 Ozone NAAQS'' after the existing entry for ``Section 110(a)(2)
Infrastructure Requirements for the 2008 Ozone NAAQS'' to read as
follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
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* * * * * * *
Section 110(a)(2) Infrastructure District of 6/13/14 8/31/18, [Insert This action
Requirements for the 2008 Ozone Columbia. Federal Register addresses CAA
NAAQS. citation]. element
110(a)(2)(D)(i)(I)
.
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[FR Doc. 2018-18855 Filed 8-30-18; 8:45 am]
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