Air Plan Approval; District of Columbia; Update to Materials Incorporated by Reference, 14458-14461 [2017-05201]
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Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations
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[FR Doc. 2017–05059 Filed 3–20–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[DC104–2052; FRL–9955–98–Region 3]
Air Plan Approval; District of
Columbia; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the District of Columbia state
implementation plan (SIP). The
regulations affected by this update have
been previously submitted by the
District of Columbia Department of
Energy and Environment (DoEE) and
approved by EPA. This update affects
the SIP materials that are available for
public inspection at the National
Archives and Records Administration
(NARA) and the EPA Regional Office.
DATES: This action is effective March 21,
2017.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; and
NARA. For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html. To view the material at
the EPA, Region III Office, EPA requests
that you email the contact listed in the
SUMMARY:
FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376 or by
email at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
The SIP is a living document which
the state revises as necessary to address
its unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference federally
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approved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
December 7, 1998 (63 FR 67407), EPA
published a document in the Federal
Register beginning the new IBR
procedure for the District of Columbia.
On August 6, 2004 (69 FR 47773),
September 6, 2005 (70 FR 52919), March
19, 2009 (74 FR 11647), and February
22, 2011 (76 FR 9652), EPA published
updates to the IBR material for the
District of Columbia.
Since the publication of the last IBR
update, EPA has approved the following
regulatory changes to the following
District of Columbia regulations:
A. Added Regulations and Statutes
1. Chapter 2 (General and Non-attainment
Area Permits), sections 208 and 210.
2. Chapter 7 (Volatile Organic
Compounds), sections 714, 755 through 758
inclusive, and 763 through 778 inclusive.
3. DC Official Code, Title I, Chapter 11A,
(Government Ethics and Accountability),
sections 1–1161.01(Definitions), 1–1161.23
(Conflicts of Interest), 1–1161.24 (Public
Reporting), and 1–1161.25 (Confidential
Disclosure of Financial Interest).
B. Revised Regulations
1. Chapter 1 (General), sections 100 and
199.
2. Chapter 2 (General and Non-attainment
Area Permits), sections 200, 204, and 299.
3. Chapter 7, (Volatile Organic
Compounds), sections 700, 710, 715 through
737 inclusive, 743 through 749, 751 through
754 inclusive, and 799.
4. Chapter 10, title change to Air Quality—
Non EGU Limits on Nitrogen Oxides
Emissions, as well as title changes and
revisions to sections 1001 through 1004.
C. Removed Regulations
1. Chapter 2 (General and Non-attainment
Area Permits), section 206
2. Chapter 7, (Volatile Organic
Compounds), sections 707, 708, 738 through
742 inclusive, and 750.
3. Chapter 10 (Air Quality—Non EGU
Limits on Nitrogen Oxides Emissions),
sections 1005 through 1014 inclusive, and
1099.
II. EPA Action
In this action, EPA is doing the
following:
A. In 40 CFR 52.470(b)
Announcing the update to the IBR material
as of July 1, 2016 and revising the text within
40 CFR 52.470(b).
B. In 40 CFR 52.470(c)
1. Correcting a typographical error in the
title for chapter 7, section 702.
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2. Removing the five existing entries for
chapter 7, section 799 with an EPA approval
date prior to April 29, 2013.
C. In 40 CFR 52.470(e)
Revising the Applicable Geographic Area
from ‘‘Statewide’’ to ‘‘District of Columbia’’
for the following titled areas currently found
within 52.470(e): Regional Haze Plan; Section
110(a)(2) Infrastructure Requirements for the
2008 Lead NAAQS; the Clean Air Act (CAA)
section 128 requirements in relation to State
Boards; section 110(a)(2) Infrastructure
Requirements for the 2010 Nitrogen Dioxide
(NO2) National Ambient Air Quality
Standards (NAAQS); Section 110(a)(2)
Infrastructure Requirements for the 2008
Ozone NAAQS; Section 110(a)(2)
Infrastructure Requirements for the 2010
Sulfur Dioxide (SO2) NAAQS; Emergency Air
Pollution Plan; and the Interstate Pollution
Transport Requirements for the 2010 NO2
NAAQS.
III. Good Cause Exemption
EPA has determined that today’s rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This rule simply codifies
provisions which are already in effect as
a matter of law in federal and approved
state programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the Code of Federal Register
benefits the public by removing
outdated citations and incorrect table
entries.
IV. Incorporation by Reference
In this rule, 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
incorporation by reference of previously
EPA approved regulations promulgated
by the District of Columbia and
federally effective prior to July 1, 2016.
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference by the
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Director of the Federal Register in the
next update to the SIP compilation.1
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and/or at the EPA Region III Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
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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) and 13563 (76 FR 3821,
January 21, 2011);
• 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
1 62
FR 27968 (May 22, 1997).
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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 rule 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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the District of
Columbia SIP compilations had
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day
period for filing such petitions for
judicial review for this ‘‘Identification of
plan’’ update action for the District of
Columbia.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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14459
Dated: March 7, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
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. Section 52.470 is amended by:
a. Revising paragraph (b);
b. Revising paragraph (c) table entry
for Section 702;
■ c. Removing the second through sixth
entries for Section 799 from paragraph
(c) table; and
■ d. In paragraph (e), by revising the
following entries: Regional Haze Plan;
Section 110(a)(2) Infrastructure
Requirements for the 2008 Lead
NAAQS; CAA section 128 requirements
in relation to State Boards; Section
110(a)(2) Infrastructure Requirements
for the 2010 NO2 NAAQS; Section
110(a)(2) Infrastructure Requirements
for the 2008 Ozone NAAQS; Section
110(a)(2) Infrastructure Requirements
for the 2010 SO2 NAAQS; Emergency
Air Pollution Plan; and Interstate
Pollution Transport Requirements for
the 2010 NO2 NAAQS.
The amendments read as follows:
■
■
■
§ 52.470
Identification of plan.
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(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to July 1, 2016, was approved
for incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Material is incorporated as
it exists on the date of approval, and
notice of any change in the material will
be published in the Federal Register.
Entries in paragraphs (c) and (d) of this
section with the EPA approval dates
after July 1, 2016 for the District of
Columbia, will be incorporated by
reference in the next update to the SIP
compilation.
(2) EPA Region III certifies that the
materials provided by EPA at the
addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated state rules/
regulations which have been approved
as part of the state implementation plan
as of the dates referenced in paragraph
(b)(1). No additional revisions were
made to paragraph (d) between
December 1, 2010 and July 1, 2016.
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(3) Copies of the materials
incorporated by reference into the state
implementation plan may be inspected
at the Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. To
obtain the material, please call the
Regional Office at (215) 814–3376. You
may also inspect the material with an
EPA approval date prior to July 1, 2016
for the District of Columbia at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) * * *
EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP
State citation
State effective
date
Title/subject
EPA approval
date
Additional
explanation
District of Columbia Municipal Regulations (DCMR), Title 20—Environment
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Chapter 7
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Section 702 .......................
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3/15/85
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10/27/99, 64 FR 57777.
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(e) * * *
Name of non-regulatory SIP revision
Applicable geographic or
nonattainment area
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Regional Haze Plan ....
State submittal
date
EPA approval date
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District of Columbia ...................
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10/27/11
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2/2/12, 77 FR 5191.
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Section 110(a)(2) Infrastructure Requirements for the 2008
Lead NAAQS.
CAA section 128 requirements in relation to State Boards.
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District of Columbia ...................
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7/18/13
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10/22/13, 78 FR
62455.
District of Columbia ...................
7/18/13
10/22/13, 78 FR
62455.
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Section 110(a)(2) Infrastructure Requirements for the 2010
NO2 NAAQS.
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District of Columbia ...................
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6/9/14
Section 110(a)(2) Infrastructure Requirements for the 2008
Ozone NAAQS.
District of Columbia ...................
6/13/14
4/13/15, 80 FR
19538.
Section 110(a)(2) Infrastructure Requirements for the 2010
SO2 NAAQS.
District of Columbia ...................
6/13/14
4/13/15, 80 FR
19538.
Emergency Air Pollution Plan.
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Volatile Organic Compounds
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Control of Volatile Organic Compound Leaks from
Petroleum Refinery Equipment.
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District of Columbia ...................
6/13/14
4/13/15, 80 FR
19538.
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Interstate Pollution
Transport Requirements for the 2010
NO2 NAAQS.
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District of Columbia ...................
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6/6/14
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4/13/15, 80 FR
19538.
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2/19/16, 81 FR 8406
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Additional explanation
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This action addresses the following CAA
elements: 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M), or
portions thereof.
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This action addresses the following CAA
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.
This action addresses the following CAA
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.
This action addresses the following CAA
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.
This action addresses the requirements of
40 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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This action addresses the infrastructure
element
of
CAA
section
110(a)(2)(D)(i)(I), or the good neighbor
provision, for the 2010 NO2 NAAQS.
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Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations
Name of non-regulatory SIP revision
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Applicable geographic or
nonattainment area
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[FR Doc. 2017–05201 Filed 3–20–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0695; FRL–9957–41–
Region 6]
Approval and Promulgation of
Implementation Plans; New Mexico;
Albuquerque/Bernalillo County;
Inspection and Maintenance Program
Error Correction
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or Act), the
Environmental Protection Agency (EPA)
is taking direct final action to correct a
previously approved diesel inspection
and maintenance (I/M) program
provision in Albuquerque/Bernalillo
County’s State Implementation Plan
(SIP). This action is based on our
determination that at the time EPA
approved the diesel I/M Program the
State did not have the legal authority to
expand its program to require the testing
of 1998 and newer diesel motor vehicles
greater than 1,000 and less than 10,001
pounds.
DATES: This rule is effective on May 22,
2017 without further notice, unless the
EPA receives relevant adverse comment
by April 20, 2017. If the EPA receives
such comment, the EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2011–0695, at https://
www.regulations.gov or via email to
walser.john@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
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SUMMARY:
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State submittal
date
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EPA approval date
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official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Mr. John Walser, 214–665–7128,
walser.john@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr.
John Walser, 214–665–7128,
walser.john@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Mr. John Walser or
Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
A. Requirements for SIP Submittals and
EPA Action on SIP Submittals
Congress enacted the National
Ambient Air Quality Standards
(NAAQS) and SIP requirements in the
1970 CAA Amendments. CAA section
110(a)(1) requires that states adopt and
submit to EPA for approval SIPs that
implement the NAAQS. CAA section
110(a)(2) contains a detailed list of
requirements that all SIPs must include
to be approvable by EPA. Of particular
relevance to this action is subparagraph
(E)(i) of CAA section 110(a)(2) which
provides that SIPs must provide
‘‘necessary assurances that the state . . .
will have adequate . . . authority under
State (and as appropriate, local) law to
carry out such [an] implementation
plan.’’ As applicable to inspection and
maintenance programs, this provision
means that EPA may approve the
submitted I/M provisions as part of the
SIP only if EPA is satisfied that the state
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will have adequate legal authority under
state law to implement the program.
B. Authority for EPA To Revise Previous
Action on SIPs
EPA has authority to revise its
previous actions taken on SIP
submittals. Two mechanisms are
available to EPA: The error correction
mechanism provided under CAA
section 110(k)(6), and EPA’s general
administrative authority to reconsider
its own actions under CAA sections 110
and 301(a), in light of case law. CAA
section 110(k)(6) provides as follows:
Whenever the Administrator determines
that the Administrator’s action approving,
disapproving, or promulgating any plan or
plan revision (or part thereof), area
designation, redesignation, classification, or
reclassification was in error, the
Administrator may in the same manner as the
approval, disapproval, or promulgation
revise such action as appropriate without
requiring any further submission from the
State. Such determination and the basis
thereof shall be provided to the State and
public.
Therefore, the Administrator has the
authority to ‘‘determine[ ]’’ when a SIP
approval was ‘‘in error,’’ and may then
revise the SIP approval ‘‘as
appropriate,’’ in the same manner as the
approval, and without requiring any
further submission from the state.1
C. Albuquerque/Bernalillo County
Submission
On August 1, 2012, EPA proposed to
approve revisions to the SIP for Air
Quality submitted by the City of
Albuquerque/Bernalillo County (the
County) area on July 28, 2011 pursuant
to the Clean Air Act. (77 FR 45530).
These revisions included provisions
that expanded the County’s I/M program
to include 1998 and newer diesel motor
vehicles greater than 1,000 and less than
10,001 pounds. The County submitted a
SIP Completeness Checklist pursuant to
40 CFR 51, Appendix V in which it
certified that it had the necessary legal
authority to include compression
ignition powered (diesel) engine testing
in its I/M program. We received no
comments on this proposal and
finalized our approval on October 31,
2012. (77 FR 65821).
1 Please see the ‘‘Legal Support’’ document in the
docket for a more in depth explanations of the
EPA’s authority to revise previous SIP actions.
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]]>Agencies
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14458-14461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05201]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DC104-2052; FRL-9955-98-Region 3]
Air Plan Approval; District of Columbia; Update to Materials
Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the District of
Columbia state implementation plan (SIP). The regulations affected by
this update have been previously submitted by the District of Columbia
Department of Energy and Environment (DoEE) and approved by EPA. This
update affects the SIP materials that are available for public
inspection at the National Archives and Records Administration (NARA)
and the EPA Regional Office.
DATES: This action is effective March 21, 2017.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and NARA. For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. To view the material at
the EPA, Region III Office, EPA requests that you email the contact
listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376 or by
email at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which the state revises as necessary
to address its unique air pollution problems. Therefore, EPA, from time
to time, must take action on SIP revisions containing new and/or
revised regulations as being part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for incorporating by reference
federally approved SIPs, as a result of consultations between EPA and
the Office of the Federal Register (OFR). The description of the
revised SIP document, IBR procedures and ``Identification of plan''
format are discussed in further detail in the May 22, 1997 Federal
Register document. On December 7, 1998 (63 FR 67407), EPA published a
document in the Federal Register beginning the new IBR procedure for
the District of Columbia. On August 6, 2004 (69 FR 47773), September 6,
2005 (70 FR 52919), March 19, 2009 (74 FR 11647), and February 22, 2011
(76 FR 9652), EPA published updates to the IBR material for the
District of Columbia.
Since the publication of the last IBR update, EPA has approved the
following regulatory changes to the following District of Columbia
regulations:
A. Added Regulations and Statutes
1. Chapter 2 (General and Non-attainment Area Permits), sections
208 and 210.
2. Chapter 7 (Volatile Organic Compounds), sections 714, 755
through 758 inclusive, and 763 through 778 inclusive.
3. DC Official Code, Title I, Chapter 11A, (Government Ethics
and Accountability), sections 1-1161.01(Definitions), 1-1161.23
(Conflicts of Interest), 1-1161.24 (Public Reporting), and 1-1161.25
(Confidential Disclosure of Financial Interest).
B. Revised Regulations
1. Chapter 1 (General), sections 100 and 199.
2. Chapter 2 (General and Non-attainment Area Permits), sections
200, 204, and 299.
3. Chapter 7, (Volatile Organic Compounds), sections 700, 710,
715 through 737 inclusive, 743 through 749, 751 through 754
inclusive, and 799.
4. Chapter 10, title change to Air Quality--Non EGU Limits on
Nitrogen Oxides Emissions, as well as title changes and revisions to
sections 1001 through 1004.
C. Removed Regulations
1. Chapter 2 (General and Non-attainment Area Permits), section
206
2. Chapter 7, (Volatile Organic Compounds), sections 707, 708,
738 through 742 inclusive, and 750.
3. Chapter 10 (Air Quality--Non EGU Limits on Nitrogen Oxides
Emissions), sections 1005 through 1014 inclusive, and 1099.
II. EPA Action
In this action, EPA is doing the following:
A. In 40 CFR 52.470(b)
Announcing the update to the IBR material as of July 1, 2016 and
revising the text within 40 CFR 52.470(b).
B. In 40 CFR 52.470(c)
1. Correcting a typographical error in the title for chapter 7,
section 702.
2. Removing the five existing entries for chapter 7, section 799
with an EPA approval date prior to April 29, 2013.
C. In 40 CFR 52.470(e)
Revising the Applicable Geographic Area from ``Statewide'' to
``District of Columbia'' for the following titled areas currently
found within 52.470(e): Regional Haze Plan; Section 110(a)(2)
Infrastructure Requirements for the 2008 Lead NAAQS; the Clean Air
Act (CAA) section 128 requirements in relation to State Boards;
section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen
Dioxide (NO2) National Ambient Air Quality Standards
(NAAQS); Section 110(a)(2) Infrastructure Requirements for the 2008
Ozone NAAQS; Section 110(a)(2) Infrastructure Requirements for the
2010 Sulfur Dioxide (SO2) NAAQS; Emergency Air Pollution
Plan; and the Interstate Pollution Transport Requirements for the
2010 NO2 NAAQS.
III. Good Cause Exemption
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
rule simply codifies provisions which are already in effect as a matter
of law in federal and approved state programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the Code
of Federal Register benefits the public by removing outdated citations
and incorrect table entries.
IV. Incorporation by Reference
In this rule, 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 incorporation by reference of
previously EPA approved regulations promulgated by the District of
Columbia and federally effective prior to July 1, 2016. Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the
[[Page 14459]]
Director of the Federal Register in the next update to the SIP
compilation.\1\ The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region III Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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) and 13563 (76 FR 3821, January 21,
2011);
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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the District of Columbia SIP compilations had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
sees no need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for the District of Columbia.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 7, 2017.
Cecil Rodrigues,
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. Section 52.470 is amended by:
0
a. Revising paragraph (b);
0
b. Revising paragraph (c) table entry for Section 702;
0
c. Removing the second through sixth entries for Section 799 from
paragraph (c) table; and
0
d. In paragraph (e), by revising the following entries: Regional Haze
Plan; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead
NAAQS; CAA section 128 requirements in relation to State Boards;
Section 110(a)(2) Infrastructure Requirements for the 2010
NO2 NAAQS; Section 110(a)(2) Infrastructure Requirements for
the 2008 Ozone NAAQS; Section 110(a)(2) Infrastructure Requirements for
the 2010 SO2 NAAQS; Emergency Air Pollution Plan; and
Interstate Pollution Transport Requirements for the 2010 NO2
NAAQS.
The amendments read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
2016, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with the
EPA approval dates after July 1, 2016 for the District of Columbia,
will be incorporated by reference in the next update to the SIP
compilation.
(2) EPA Region III certifies that the materials provided by EPA at
the addresses in paragraph (b)(3) of this section are an exact
duplicate of the officially promulgated state rules/regulations which
have been approved as part of the state implementation plan as of the
dates referenced in paragraph (b)(1). No additional revisions were made
to paragraph (d) between December 1, 2010 and July 1, 2016.
[[Page 14460]]
(3) Copies of the materials incorporated by reference into the
state implementation plan may be inspected at the Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. To obtain the material, please call the Regional
Office at (215) 814-3376. You may also inspect the material with an EPA
approval date prior to July 1, 2016 for the District of Columbia at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) * * *
EPA-Approved Regulations and Statutes in the District of Columbia SIP
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
District of Columbia Municipal Regulations (DCMR), Title 20--Environment
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 7 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 702.................... Control of Volatile 3/15/85 10/27/99, 64 FR
Organic Compound Leaks 57777.
from Petroleum
Refinery Equipment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA approval date Additional explanation
revision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regional Haze Plan............. District of 10/27/11 2/2/12, 77 FR 5191
Columbia.
* * * * * * *
Section 110(a)(2) District of 7/18/13 10/22/13, 78 FR This action addresses
Infrastructure Requirements Columbia. 62455. the following CAA
for the 2008 Lead NAAQS. elements:
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M), or
portions thereof.
CAA section 128 requirements in District of 7/18/13 10/22/13, 78 FR
relation to State Boards. Columbia. 62455.
* * * * * * *
Section 110(a)(2) District of 6/9/14 4/13/15, 80 FR This action addresses
Infrastructure Requirements Columbia. 19538. the following CAA
for the 2010 NO2 NAAQS. 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) District of 6/13/14 4/13/15, 80 FR This action addresses
Infrastructure Requirements Columbia. 19538. the following CAA
for the 2008 Ozone NAAQS. 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) District of 6/13/14 4/13/15, 80 FR This action addresses
Infrastructure Requirements Columbia. 19538. the following CAA
for the 2010 SO2 NAAQS. 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... District of 6/13/14 4/13/15, 80 FR This action addresses
Columbia. 19538. the requirements of 40
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.
* * * * * * *
Interstate Pollution Transport District of 6/6/14 2/19/16, 81 FR This action addresses
Requirements for the 2010 NO2 Columbia. 8406. the infrastructure
NAAQS. element of CAA section
110(a)(2)(D)(i)(I), or
the good neighbor
provision, for the
2010 NO2 NAAQS.
[[Page 14461]]
* * * * * * *
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[FR Doc. 2017-05201 Filed 3-20-17; 8:45 am]
BILLING CODE 6560-50-P
