Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Rules and Regulations 28447 

[FR Doc. E9–14018 Filed 6–15–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0595; FRL–8918–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Reasonably Available 

Control Technology Under the 8-Hour 

Ozone National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the District of Columbia. 

This SIP revision consists of a 

demonstration that the District of 

Columbia meets the requirements of 

reasonably available control technology 

(RACT) for nitrogen oxides (NOX) and 

volatile organic compounds (VOCs) set 

forth by the Clean Air Act (CAA). This 

SIP revision demonstrates that all 

requirements for RACT are met either 

through: Certification that previously 

adopted RACT controls in the District of 

Columbia’s SIP that were approved by 

EPA under the 1-hour ozone National 

Ambient Air Quality Standard (NAAQS) 

are based on the currently available 

technically and economically feasible 

controls, and that they continue to 

represent RACT for the 8-hour 

implementation purposes; and a 

negative declaration demonstrating that 

no facilities exist in the District of 

Columbia for the applicable control 

technology guideline (CTG) categories. 

This action is being taken under the 

CAA. 

DATES: Effective Date: The final rule is 

effective on July 16, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0595. 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., 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 in http:// 

www.regulations.gov or in hard copy 

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, 51 N 

Street, NE., 6th Floor, Washington, DC 

20002. 

FOR FURTHER INFORMATION CONTACT: 

Patrick J. Egan, (215) 814–3167, or by 

e-mail at egan.patrick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 25, 2009 (75 FR 12778), 

EPA published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia. The NPR proposed approval 

of the requirements of RACT under the 

8-hour Ozone NAAQS. EPA received no 

comments on the proposal to approve 

the District of Columbia SIP revision. 

The formal SIP revision was submitted 

by the District of Columbia on 

September 22, 2008. 

II. Summary of SIP Revision 

On September 22, 2008, the District of 

Columbia Department of Environment 

(DDOE) submitted a revision to its SIP 

that addresses the requirements of 

RACT under the 8-hour ozone NAAQS 

set forth by the CAA. The District of 

Columbia’s SIP revision is consistent 

with the process in the Phase 2 Rule 

preamble, and satisfies the requirements 

of RACT set forth by the CAA under the 

8-hour ozone NAAQS. The District of 

Columbia’s SIP revision satisfies the 8- 

hour RACT requirements through a 

certification that previously adopted 

RACT controls in the District of 

Columbia’s SIP that were approved by 

EPA under the 1-hour ozone NAAQS 

are based on the currently available 

technically and economically feasible 

controls, and continues to represent 

RACT for the 8-hour implementation 

purposes and a negative declaration 

demonstrating that facilities exist in the 

District of Columbia for the applicable 

control technology guideline (CTG) 

categories. 

III. Final Action 

EPA is approving the District of 

Columbia SIP revision that addresses 

the requirements of RACT under the 8- 

hour ozone NAAQS. The District of 

Columbia’s SIP revision was submitted 

on September 22, 2008. 

IV. Statutory and Executive Order 

Reviews 

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 Clean Air Act. Accordingly, this 

action merely proposes to approve 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 


cprice-sewell on PRODPC61 with RULES
28448 Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Rules and Regulations 

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 August 17, 2009. 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 

RACT provisions under the 8-hour 

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, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 5, 2009. 

William C. Early, 

Acting Regional Administrator, 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 the entry for 

‘‘RACT under the 8-hour ozone 

NAAQS’’—District of Columbia—at the 

end of the table to read as follows: 

§ 52.470 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation 

* * * * * * * 

RACT under the 8-Hour ozone 

NAAQS.

District of Columbia ........................... 9/22/08 6/16/09, [Insert page number where 

the document begins].

[FR Doc. E9–14017 Filed 6–15–09; 8:45 am] 

BILLING CODE 6560–50–P 


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