Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations 20237 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2011–8689 Filed 4–11–11; 8:45 am] 

BILLING CODE 6750–01–P 

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. 

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 (PM2.5) national ambient air 

quality standards (NAAQS) and the 

2006 PM2.5 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 PM2.5 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 

quinto.rose@epa.gov. 

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 

PM2.5 NAAQS and the 2006 PM2.5

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 PM2.5 NAAQS; and the submittal 

dated September 21, 2009 addressed the 

section 110(a)(2) requirements for the 

2006 PM2.5 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 PM2.5 NAAQS, and the 2006 

PM2.5 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 

PM2.5 NAAQS and the 2006 PM2.5

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 PM2.5 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 PM2.5 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 

PM2.5 NAAQS or the 2006 PM2.5

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 PM2.5 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 


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20238 Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations 

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: 

• 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); 

• 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 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 PM2.5 NAAQS, and the 2006 PM2.5

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] 

■ 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 

■ 2. In § 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 PM2.5 NAAQS’’, and 

‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2006 PM2.5

NAAQ’’ to read as follows: 

§ 52.470 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations 20239 

Name of non-regulatory SIP 

revision 

Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Additional explanation 

******

Section 110(a)(2) Infrastructure Requirements for the 

1997 8-Hour Ozone 

NAAQS.

District of Columbia .............. 12/06/07 

1/11/08 

4/12/11 [Insert Federal Register page number where 

the document begins and 

date].

This action addresses the 

following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

Section 110(a)(2) Infrastructure Requirements for the 

1997 PM2.5 NAAQS.

District of Columbia .............. 8/25/08 

9/22/08 

4/12/11 [Insert Federal Register page number where 

the document begins and 

date].

This action addresses the 

following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

Section 110(a)(2) Infrastructure Requirements for the 

2006 PM2.5 NAAQS.

District of Columbia .............. 9/21/09 4/12/11 [Insert Federal Register page number where 

the document begins and 

date].

This action addresses the 

following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

[FR Doc. 2011–8567 Filed 4–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0130–201111(a); 

FRL–9293–4] 

Approval and Promulgation of 

Implementation Plans: Florida; 

Prevention of Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to convert a conditional approval 

of provisions in the Florida State 

Implementation Plan (SIP) to a full 

approval under the federal Clean Air 

Act (CAA or Act). On June 17, 2009, the 

State of Florida, through the Florida 

Department of Environmental Protection 

(FDEP), submitted a SIP revision in 

response to the conditional approval of 

its New Source Review (NSR) 

permitting program. The revision 

includes changes to certain parts of the 

Prevention of Significant Deterioration 

(PSD) construction permit program in 

Florida, including the definition of ‘‘new 

emissions unit,’’ ‘‘regulated air 

pollutant’’ and ‘‘significant emissions 

rate’’ as well as recordkeeping 

requirements. In addition, Florida 

provided a clarification that the 

significant emissions rate for mercury in 

the Florida regulations is intended to 

apply as a state-only provision. EPA has 

determined that this revision addresses 

the conditions identified in the 

conditional approval, and is therefore 

approvable. This action is being taken 

pursuant to section 110 of the CAA. 

DATES: This direct final rule is effective 

June 13, 2011 without further notice, 

unless EPA receives adverse comment 

by May 12, 2011. 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–R04– 

OAR–2006–0130, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: adams.yolanda@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2006–0130, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Yolanda Adams, Air Planning Branch, 

Air, Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2006– 

0130.’’ EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 


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