14310 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 

1 72 FR 20586 (April 25, 2007). 

2 706 F.3d 428 (D.C. Cir. 2013). 

3The DC Circuit’s opinion did not specifically 

address the point that implementation under 

subpart 4 requirements would still require 

consideration of subpart 1 requirements, to the 

extent that subpart 4 did not override subpart 1. 

EPA assumes that the court presumed that EPA 

would address this issue of potential overlap 

between subpart 1 and subpart 4 requirements in 

subsequent actions. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0186; FRL–9924–57– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Preconstruction 

Requirements—Nonattainment New 

Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the District Department of 

the Environment (DDOE) for the District 

of Columbia (DC) on April 5, 2013. EPA 

is approving this revision to DC’s 

nonattainment New Source Review 

(NSR) program in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

April 20, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0186. All 

documents in the docket are listed in 

the 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 

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, 1200 1st Street NE., 

5th Floor, Washington, DC 20002. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 11, 2014 (79 FR 73508), 

EPA published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia. In the NPR, EPA proposed 

approval of revisions to DC’s 

nonattainment NSR program, notably 

provisions for Plantwide Applicability 

Limits (PALs) and preconstruction 

permitting requirements for major 

sources of fine particulate matter 

(PM2.5). The formal SIP revision was 

submitted by DDOE on April 5, 2013. 

II. Summary of SIP Revision 

Generally, the revision submitted by 

DDOE involves amendments to sections 

199.1 (Definitions and Abbreviations) 

and 200 (General Permit Requirements), 

repealing and replacing section 204 

(Permit Requirements for Sources 

Affecting Non-attainment Areas), 

repealing section 206 (Notice and 

Comment Prior to Permit Issuance), 

adding sections 208 (General and Nonattainment Areas) and 210 (Notice and 

Comment Prior to Permit Issuance), and 

adding specific definitions to section 

299 (Definitions and Abbreviations). 

Additionally, several non-substantive, 

clarifying and organizational revisions 

to the sections mentioned herein were 

submitted. As described in detail in the 

NPR, the revisions incorporate 

provisions related to two Federal 

rulemaking actions: The 2002 

‘‘Prevention of Significant Deterioration 

(PSD) and Nonattainment NSR (NSR): 

Baseline Emissions Determination, 

Actual-to-Future-Actual Methodology, 

Plantwide Applicability Limitations, 

Clean Units, Pollution Control Projects’’ 

(2002 NSR Rules); and the 2008 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (2008 NSR PM2.5 Rule). 67 FR 

80186 (December 31, 2002) (2002 NSR 

Rules) and 73 FR 28321 (May 16, 2008) 

(2008 NSR Rule). The 2008 NSR PM2.5

Rule (as well as the 2007 ‘‘Final Clean 

Air Fine Particle Implementation Rule’’ 

(2007 PM2.5 Implementation Rule) 1), 

was the subject of litigation before the 

United States Court of Appeals for the 

District of Columbia Circuit (DC Circuit) 

in Natural Resources Defense Council v. 

EPA.2 On January 4, 2013, the court 

remanded to EPA both the 2007 PM2.5

Implementation Rule and the 2008 NSR 

PM2.5 Rule. The court found that in both 

rules EPA erred in implementing the 

1997 PM2.5 National Ambient Air 

Quality Standard (NAAQS) solely 

pursuant to the general implementation 

provisions of subpart 1 of part D of title 

I of the CAA (subpart 1), rather than 

pursuant to the additional 

implementation provisions specific to 

particulate matter in subpart 4 of part D 

of title I (subpart 4).3 As a result, the 

court remanded both rules and 

instructed EPA ‘‘to re-promulgate these 

rules pursuant to subpart 4 consistent 

with this opinion.’’ 

As was noted in the NPR, with respect 

to PM2.5, DDOE submitted an attainment 

plan for the Metropolitan Washington, 

DC–MD–VA nonattainment area on 

April 2, 2008. On January 12, 2009, EPA 

finalized a clean data determination for 

the area for the 1997 PM2.5 NAAQS, 

which suspended the requirement for 

DDOE to submit, among other things, an 

attainment plan SIP for the area. 74 FR 

1146. Accordingly, on February 6, 2012, 

DDOE withdrew the attainment plan 

SIP, and it is no longer before EPA. 

Moreover, on October 6, 2014, EPA took 

final action to redesignate the MetroWashington area to attainment for the 

1997 PM2.5 NAAQS. 79 FR 60081. As a 

result, DDOE is no longer obligated to 

submit a nonattainment NSR SIP 

revision under section 189 of the CAA 

addressing nonattainment NSR 

permitting requirements for PM2.5, 

including the requirements under 

subpart 4. Therefore, EPA has not 

evaluated the April 5, 2013 submittal for 

the purposes of determining compliance 

with the subpart 4 requirements. To the 

extent that any area is designated 

nonattainment for PM2.5 in the future in 

the Metropolitan Washington, DC area, 

DDOE will have to make a submission 

under Section 189 of the CAA 

addressing how its nonattainment 

permitting program in the D.C. SIP 

satisfies the CAA statutory requirements 

as to PM2.5, including subpart 4 and any 

applicable PM2.5 Federal 

implementation rules. 

Other specific requirements of 

DDOE’s April 5, 2013 submittal and the 

rationale for EPA’s approval are 

explained in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

III. Final Action 

EPA is approving DDOE’s April 5, 

2013 submittal as a revision to the D.C. 

SIP. 

IV. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 


Rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14311 

incorporation by reference of revisions 

to D.C.’s nonattainment NSR program, 

notably provisions for PALs and 

preconstruction permitting 

requirements for major sources of PM2.5

as discussed in section II of this action. 

The EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

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 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 May 18, 2015. 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 D.C.’s nonattainment NSR 

program 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: March 6, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

Therefore, 40 CFR part 52 is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 

(c) is amended by: 

■ a. Revising the entries for sections 

199, 200, 204, and 299. 

■ b. Removing the entry for section 206. 

■ c. Adding in numerical order entries 

for sections 208 and 210. 

The revisions and additions read as 

follows: 

§ 52.470 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP 

State citation Title/subject State effective 

date EPA Approval date Additional explanation 

District of Columbia Municipal Regulations (DCMR), Title 20—Environment 

Chapter 1 General 

*******

Section 199 ....................... Definitions and Abbreviations ..................................... 11/16/12 3/19/2015 [Insert Federal 

Register Citation].


Rmajette on DSK2VPTVN1PROD with RULES
14312 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP—Continued 

State citation Title/subject State effective 

date EPA Approval date Additional explanation 

*******

Chapter 2 General and Non-attainment Area Permits 

Section 200 ....................... General Permit Requirements .................................... 11/16/12 3/19/2015 [Insert Federal 

Register Citation].

* * * * * * * 

Section 204 ....................... Permit Requirements for Sources Affecting Non-attainment Areas.11/16/12 3/19/2015 [Insert Federal 

Register Citation].

Previous 

version of 

Section 204 

is replaced 

in its entirety 

Section 208 ....................... Plantwide Applicability Limit (PAL) Permits for Major 

Sources.

11/16/12 3/19/2015 [Insert Federal 

Register Citation].

Added 

Section 210 ....................... Notice and Comment Prior to Permit Issuance ......... 11/16/12 3/19/2015 [Insert Federal 

Register Citation].

Added 

Section 299 ....................... Definitions and Abbreviations ..................................... 11/16/12 3/19/2015 [ [Insert Federal Register Citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–06217 Filed 3–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2015–0134; FRL–9924–44– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Missouri; Reporting Emission Data, 

Emission Fees and Process 

Information 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) and the 

Operating Permits Program for the State 

of Missouri submitted on October 2, 

2013. These revisions remove 

definitions that were in this rule but 

have been moved to the state’s general 

definitions rule. These revisions also 

clarify the information required in 

emission reports and clarify the types 

and frequency of reports for the 

emission inventory. In addition, a 

revision to the emission fees section of 

this rule clarifies that the current 

emissions fee is only applicable for 

years 2013, 2014, and 2015 as set by 

Missouri statute. 

DATES: This direct final rule will be 

effective May 18, 2015, without further 

notice, unless EPA receives adverse 

comment by April 20, 2015. If EPA 

receives adverse comment, we will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0134, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Higbee.paula@epa.gov 

3. Mail or Hand Delivery: Paula 

Higbee, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2015– 

0134. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The 

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 email comment directly 

to EPA without going through 

www.regulations.gov, your email 

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. 

Docket: All documents in the docket 

are listed in the 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, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 to 4:30 excluding 

legal holidays. The interested persons 

wanting to examine these documents 


Rmajette on DSK2VPTVN1PROD with RULES