[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Rules and Regulations]
[Pages 20237-20239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8567]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0139; FRL-9292-9]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Section 110(a)(2) Infrastructure Requirements for 
the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving submittals from the District of Columbia (the 
District) pursuant to the Clean Air Act (CAA or the Act) sections 
110(k)(2) and (3). These submittals address the infrastructure elements 
specified in the CAA section 110(a)(2), necessary to implement, 
maintain, and enforce the 1997 8-hour ozone and fine particulate matter 
(PM<INF>2.5</INF>) national ambient air quality standards (NAAQS) and 
the 2006 PM<INF>2.5</INF> NAAQS. This final rule is limited to the 
following infrastructure elements which were subject to EPA's 
completeness findings pursuant to CAA section 110(k)(1) for the 1997 8-
hour ozone NAAQS dated March 27, 2008, and the 1997 PM<INF>2.5</INF> 
NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M).

DATES: Effective Date: This final rule is effective on May 12, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2010-0139. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
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 either electronically through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the State submittal are available at the 
District of Columbia Department of the Environment, Air Quality 
Division, 51 N Street, NE., Fifth Floor, Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at <a href="/cdn-cgi/l/email-protection#9cede9f5f2e8f3b2eef3eff9dcf9ecfdb2fbf3ea"><span class="__cf_email__" data-cfemail="ee9f9b87809a81c09c819d8bae8b9e8fc0898198">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 17, 2010 (75 FR 27512), EPA published a notice of proposed 
rulemaking (NPR) for the District. The NPR proposed approval of the 
District's submittals that provide the basic program elements specified 
in the CAA sections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), 
(H), (J), (K), (L), and (M) necessary to implement, maintain, and 
enforce the 1997 8-hour ozone and PM<INF>2.5</INF> NAAQS and the 2006 
PM<INF>2.5</INF> NAAQS. The formal submittals submitted by the District 
Department of the Environment on December 6, 2007 and January 11, 2008 
addressed the section 110(a)(2) requirements for the 1997 8-hour ozone 
NAAQS; the submittals dated August 25, 2008 and September 22, 2008 
addressed the section 110(a)(2) requirements for the 1997 
PM<INF>2.5</INF> NAAQS; and the submittal dated September 21, 2009 
addressed the section 110(a)(2) requirements for the 2006 
PM<INF>2.5</INF> NAAQS.

II. Summary of Relevant Submissions

    The above referenced submittals address the infrastructure elements 
specified in the CAA section 110(a)(2). These submittals refer to the 
implementation, maintenance and enforcement of the 1997 8-hour ozone, 
the 1997 PM<INF>2.5</INF> NAAQS, and the 2006 PM<INF>2.5</INF> NAAQS. 
The rationale supporting EPA's proposed action is explained in the NPR 
and the technical support document (TSD) and will not be restated here. 
No public comments were received on the NPR. However, the portion of 
the TSD relating to section 110(a)(2)(D)(ii) is being revised because 
the TSD did not give the correct reason for the proposed approval. The 
TSD is available on line at http://www.regulations.gov, Docket number 
EPA-R03-OAR-2010-0139.

III. Final Action

    EPA is approving the District's submittals that provide the basic 
program elements specified in CAA sections 110(a)(2)(A), (B), (C), 
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) necessary to 
implement, maintain, and enforce the 1997 8-hour ozone and 
PM<INF>2.5</INF> NAAQS and the 2006 PM<INF>2.5</INF> NAAQS.
    EPA made completeness findings for the 1997 8-hour ozone NAAQS on 
March 27, 2008 (73 FR 16205) and on October 22, 2008 (73 FR 62902) for 
the 1997 PM<INF>2.5</INF> NAAQS. These findings pertained only to 
whether the submissions were complete, pursuant to section 
110(k)(1)(A), and did not constitute EPA approval or disapproval of 
such submissions. Each of these findings noted that the District failed 
to submit a complete SIP addressing the portions of (C) and (J) 
relating to the Part C permit programs for the 1997 8-hour ozone and 
the 1997 PM<INF>2.5</INF> NAAQS.
    The District has not submitted a permit program required under 
sections 110(a)(2)(C) and (J). Therefore, EPA is not approving the 
submissions with respect to sections 110(a)(2)(C) and (J) relating to 
the Part C permit programs for the 1997 8-hour ozone, the 1997 
PM<INF>2.5</INF> NAAQS or the 2006 PM<INF>2.5</INF> NAAQS. However, 
these requirements with respect to the permit programs have already 
been addressed by a Federal Implementation Plan (FIP) that remains in 
place (see 40 CFR 52.499), and therefore this action will not trigger 
any additional FIP obligation with respect to this requirement.
    Two elements identified in section 110(a)(2) are not governed by 
the three year submission deadline of section 110(a)(1) because SIPs 
incorporating necessary local nonattainment area controls are not due 
within three years after promulgation of a new or revised NAAQS, but 
rather are due at the time the nonattainment area plan requirements are 
due pursuant to section 172. These elements are: (1) Submissions 
required by section 110(a)(2)(C) to the extent that subsection pertains 
to a permit program in Part D Title I of the CAA; and (2) any 
submissions required by section 110(a)(2)(I), which pertain to the 
nonattainment planning requirements of Part D Title I of the CAA. This 
action does not cover these specific elements. This action also does 
not address the requirements of section 110(a)(2)(D)(i) for the 1997 8-
hour ozone NAAQS and 1997 PM<INF>2.5</INF> NAAQS, since they have been 
addressed by separate findings issued by EPA. See April 25, 2005 (70 FR 
21147) and June 9, 2010 (75 FR 32673).
    This notice does not take any action to approve or disapprove any 
existing state provisions with regard to excess emissions during 
startup, shutdown, or malfunction (SSM) of operations at a facility. 
EPA believes that a number of states have SSM provisions which are 
contrary to the CAA and existing EPA

[[Page 20238]]

guidance (August 11, 1999 Steven Herman and Robert Perciasepe Guidance 
Memorandum, ``State Implementation Plans: Policy Regarding Excess 
Emissions During Malfunctions, Startup, and Shutdown'') and EPA plans 
to address such state regulations in the future. In the meantime, EPA 
encourages any state having a deficient SSM provision to take steps to 
correct it as soon as possible.
    This notice also does not take any action to approve or disapprove 
any existing state rules with regard to Director's discretion or 
variance provisions. EPA believes that a number of states have such 
provisions which are contrary to the CAA and existing EPA guidance (52 
FR 45109, November 24, 1987), and EPA plans to take action in the 
future to address such state regulations. In the meantime, EPA 
encourages any state having a Director's discretion or variance 
provision which is contrary to the CAA to take steps to correct the 
deficiency as soon as possible.

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 Act 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 June 13, 2011. 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 pertaining to the District of Columbia's section 
110(a)(2) infrastructure requirements for the 1997 8-hour ozone and 
PM<INF>2.5</INF> NAAQS, and the 2006 PM<INF>2.5</INF> 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: April 1, 2011.
W.C. Early,
Acting Regional Administrator, EPA Region III.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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 
entries at the end of the table for ``Section 110(a)(2) Infrastructure 
Requirements for the 1997 8-Hour Ozone NAAQS'', ``Section 110(a)(2) 
Infrastructure Requirements for the 1997 PM<INF>2.5</INF> NAAQS'', and 
``Section 110(a)(2) Infrastructure Requirements for the 2006 
PM<INF>2.5</INF> NAAQ'' to read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

[[Page 20239]]



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                                       Applicable
   Name of non-regulatory SIP        geographic or      State submittal    EPA approval date      Additional
            revision               nonattainment area         date                                explanation
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
Section 110(a)(2) Infrastructure  District of                   12/06/07  4/12/11 [Insert     This action
 Requirements for the 1997 8-      Columbia.                     1/11/08   Federal Register    addresses the
 Hour Ozone NAAQS.                                                         page number where   following CAA
                                                                           the document        elements:
                                                                           begins and date].   110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).
Section 110(a)(2) Infrastructure  District of                    8/25/08  4/12/11 [Insert     This action
 Requirements for the 1997 PM2.5   Columbia.                     9/22/08   Federal Register    addresses the
 NAAQS.                                                                    page number where   following CAA
                                                                           the document        elements:
                                                                           begins and date].   110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).
Section 110(a)(2) Infrastructure  District of                    9/21/09  4/12/11 [Insert     This action
 Requirements for the 2006 PM2.5   Columbia.                               Federal Register    addresses the
 NAAQS.                                                                    page number where   following CAA
                                                                           the document        elements:
                                                                           begins and date].   110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).
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[FR Doc. 2011-8567 Filed 4-11-11; 8:45 am]
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