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[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19538-19541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08182]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0701; FRL-9925-93-Region 3]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of three State Implementation Plan (SIP) revision submittals 
from the District of Columbia (the District) pursuant to the Clean Air 
Act (CAA). Whenever new or revised national ambient air quality 
standards (NAAQS) are promulgated, the CAA requires states to submit a 
plan for the implementation, maintenance, and enforcement of such 
NAAQS. The plan is required to address basic program elements, 
including, but not limited to, regulatory structure, monitoring, 
modeling, legal authority, and adequate resources necessary to assure 
attainment and maintenance of the standards. These elements are 
referred to as infrastructure requirements. The District has made three 
separate submittals addressing the infrastructure requirements for the 
2008 ozone NAAQS, the 2010 nitrogen dioxide (NO2) NAAQS, and 
the 2010 sulfur dioxide (SO2) NAAQS. One of the submittals 
also includes the ``Revised Air Quality Emergency Plan for the District 
of Columbia'' for satisfying EPA's requirements for air quality 
emergency episodes.

DATES: This final rule is effective on May 13, 2015.

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 in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business

[[Page 19539]]

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: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 21, 2014 (80 FR 2865), EPA published a notice of 
proposed rulemaking (NPR) for the District. In the NPR, EPA proposed 
approval of portions of the District's three infrastructure SIP 
submissions addressing the requirements of section 110(a)(2) of the CAA 
for the 2008 ozone NAAQS, the 2010 NO2 NAAQS, and the 2010 
SO2 NAAQS. The NPR also proposed approval of the District's 
Air Quality Emergency Plan to meet EPA's requirements for air pollution 
prevention contingency plans in 40 CFR part 51, subpart H and section 
110(a)(2)(G) of the CAA.

II. Summary of SIP Revision

    The District, through the District Department of the Environment 
(DDOE), submitted three separate revisions to its SIP to satisfy the 
requirements of section 110(a)(2) of the CAA for the different NAAQS. 
On June 6, 2014, DDOE submitted a SIP revision addressing the 
infrastructure requirements for the 2010 NO2 NAAQS. On June 
13, 2014, DDOE submitted an infrastructure SIP revision for the 2008 
ozone NAAQS. On July 17, 2014, DDOE submitted an infrastructure SIP 
revision for the 2010 SO2 NAAQS. Each of the infrastructure 
SIP revisions addressed the following infrastructure elements for the 
applicable NAAQS: Section 110(a)(2)(A), (B), (C), (D)(i)(I), 
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the 
CAA. The infrastructure SIP submittals do not address section 
110(a)(2)(I) which pertains to the nonattainment requirements of part 
D, Title I of the CAA, because this element is not required to be 
submitted by the 3-year submission deadline of CAA section 110(a)(1) 
and will be addressed in a separate process, if necessary.
    As discussed in the NPR, EPA will take separate action on the 
portions of the three infrastructure submittals addressing section 
110(a)(2)(D)(i)(I) requiring the SIP to address emissions from sources 
which significantly contribute to nonattainment or interference with 
maintenance of the NAAQS (also referred to as transport) in another 
state. In addition, EPA is not required to take rulemaking action on 
the PSD-related portions of section 110(a)(2)(C), (D)(i)(II), (D)(ii), 
and (J) for the District's infrastructure SIP submittals, as EPA found 
these portions of each of the infrastructure SIP submittals technically 
incomplete, because the District has not adequately addressed the SIP 
requirements of part C of Title I of the CAA for having a SIP-approved 
PSD program.\1\ However, EPA recognizes that the District is already 
subject to a Federal Implementation Plan (FIP) containing the Federal 
PSD program that addresses the relevant SIP requirements.\2\ EPA does 
not anticipate any adverse consequences to DDOE from these 
incompleteness findings. In addition, EPA is not subject to any further 
FIP duties from these incompleteness findings because a FIP has already 
been issued to address this SIP deficiency.
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    \1\ EPA sent letters to DDOE in July 21, 2014 and November 4, 
2014 notifying the District of these determinations for each of the 
applicable NAAQS. Copies of these letters are included in the docket 
for this rulemaking action.
    \2\ At present, the PSD FIP, incorporated by reference in the 
District SIP in 40 CFR 52.499, specifically contains the provisions 
of 40 CFR 52.21, with the exception of paragraph (a)(1).
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    In addition, the June 13, 2014 SIP submittal included the ``Revised 
Air Quality Emergency Plan for the District of Columbia'' to satisfy 
the requirements for preventing air pollution emergency episodes in 40 
CFR part 51, subpart H for all applicable pollutants (i.e., those for 
which the District is classified as a Priority I region under 40 CFR 
52.471, including particulate matter, sulfur oxides (SOX), 
carbon monoxide (CO), and ozone), as well as section 110(a)(2)(G) of 
the CAA for the three subject NAAQS.
    EPA's rationale for taking this rulemaking action, including the 
scope of infrastructure SIPs in general, is explained in the NPR and 
the technical support document (TSD) accompanying the NPR and will not 
be restated here. The TSD for this rulemaking is available at 
www.regulations.gov, Docket number EPA-R03-OAR-2014-0701. No public 
comments were received on the NPR.

III. Final Action

    EPA is approving the District's infrastructure submittals dated 
June 6, 2014, June 13, 2014, and July 17, 2014 for the 2010 
NO2 NAAQS, the 2008 ozone NAAQS, and the 2010 SO2 
NAAQS, respectively, as meeting the following requirements of section 
110(a)(2) of the CAA for the three relevant NAAQS: 110(a)(2)(A), (B), 
(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). 
EPA will take later separate action on the portions of each of the 
submittals addressing section 110(a)(2)(D)(i)(I), pertaining to 
transport. EPA is also approving as a SIP revision the ``Revised Air 
Quality Emergency Plan for the District of Columbia,'' submitted on 
June 13, 2014, as it satisfies the requirements of 40 CFR part 51, 
subpart H for all applicable pollutants and section 110(a)(2)(G) of the 
CAA for the 2008 ozone NAAQS, the 2010 NO2 NAAQS, and the 
2010 SO2 NAAQS.

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 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

[[Page 19540]]

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 12, 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 the District of Columbia's section 
110(a)(2) infrastructure requirements for the 2008 ozone, the 2010 
NO2, and the 2010 SO2 NAAQS and to the District 
of Columbia's contingency plan for the prevention of air pollution 
episodes, 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, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 24, 2015.
William C. Early,
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 the 
following four entries at the end of the table:
0
a. ``Section 110(a)(2) Infrastructure Requirements for the 2010 
NO2 NAAQS'';
0
b. ``Section 110(a)(2) Infrastructure Requirements for the 2008 Ozone 
NAAQS'';
0
c. ``Section 110(a)(2) Infrastructure Requirements for the 2010 
SO2 NAAQS''; and
0
d. ``Emergency Air Pollution Plan''.
    The additions read as follows:

Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

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   Name of non-regulatory SIP        Applicable           State
            revision               geographic area   submittal date   EPA approval date   Additional explanation
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                                                  * * * * * * *
Section 110(a)(2)                Statewide.........          6/9/14  4/13/15 [Insert     This action addresses
 Infrastructure Requirements                                          Federal Register    the following CAA
 for the 2010 NO2 NAAQS.                                              Citation].          elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D)(i)(II),
                                                                                          (D)(ii), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M). PSD
                                                                                          related portions are
                                                                                          addressed by FIP in 40
                                                                                          CFR 52.499.
Section 110(a)(2)                Statewide.........         6/13/14  4/13/15 [Insert     This action addresses
 Infrastructure Requirements                                          Federal Register    the following CAA
 for the 2008 Ozone NAAQS.                                            Citation].          elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D)(i)(II),
                                                                                          (D)(ii), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M). PSD
                                                                                          related portions are
                                                                                          addressed by FIP in 40
                                                                                          CFR 52.499.
Section 110(a)(2)                Statewide.........         7/17/14  4/13/15 [Insert     This action addresses
 Infrastructure Requirements                                          Federal Register    the following CAA
 for the 2010 SO2 NAAQS.                                              Citation].          elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D)(i)(II),
                                                                                          (D)(ii), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M). PSD
                                                                                          related portions are
                                                                                          addressed by FIP in 40
                                                                                          CFR 52.499.
Emergency Air Pollution Plan...  Statewide.........         6/13/14  4/13/15 [Insert     This action addresses
                                                                      Federal Register    the requirements of 40
                                                                      Citation].          CFR 51, subpart H for
                                                                                          particulate matter,
                                                                                          sulfur oxides (SOX),
                                                                                          carbon monoxide (CO),
                                                                                          and ozone, as well as
                                                                                          section 110(a)(2)(G)
                                                                                          of the CAA for the
                                                                                          2008 ozone, 2010 SO2,
                                                                                          and 2010 NO2 NAAQS.
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[FR Doc. 2015-08182 Filed 4-10-15; 8:45 am]
 BILLING CODE 6560-50-P
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