Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Regional Haze Five-Year Progress Report State Implementation Plan, 37305-37307 [2017-16821]
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Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued
State citation
Title/subject
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State effective date
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EPA
approval
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Federal Register Notice
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1 EPA
did not take action on the version of Regulation 61–62.5, Standard No. 7, paragraph (b)(32)(i)(a) state effective on December 27, 2013,
included in a SIP revision submitted by the State on April 10, 2014, because this version contains changes to a phrase regarding ethanol production facilities that is not in the SIP. South Carolina submitted a SIP revision on April 14, 2009, that includes the phrase ‘‘except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or
312140,’’ as amended in the Ethanol Rule (72 FR 24060 (May 1, 2007)), at Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and
(i)1(vii)(t) and at Standard No. 7.1, paragraphs (c)7(C)(xx) and (e)(T). EPA has not taken action to approve that portion of the April 14, 2009, SIP
revision and incorporate this phrase into the SIP. The version of Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and
Standard No. 7.1, paragraphs (c)(7)(C)(xx) and (e)(T) was state effective on June 24, 2005 and conditionally approved by EPA on June 2, 2008
(73 FR 31369), and were fully approved on June 23, 2011 (76 FR 36875).
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[FR Doc. 2017–16810 Filed 8–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0267; FRL–9965–73–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Regional Haze Five-Year
Progress Report State Implementation
Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the District of Columbia state
implementation plan (SIP) submitted by
the District of Columbia (the District)
through the District of Columbia
Department of Energy and Environment
(DOEE). The District’s SIP submittal
addresses requirements of the Clean Air
Act (CAA) and EPA’s rules that require
states to submit periodic reports
describing progress towards reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the state’s existing SIP
addressing regional haze (regional haze
SIP). No comments were received in
response to EPA’s proposed rulemaking
action published on May 30, 2017. EPA
is approving the District’s SIP submittal
because EPA has determined that it
satisfactorily addresses the progress
report and adequacy determination
requirements for the first
implementation period for regional
haze.
DATES: This final rule is effective on
September 11, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2016–0267. All
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SUMMARY:
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documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Sara
Calcinore, (215) 814–2043, or by email
at calcinore.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 30, 2017 (82 FR 24617), EPA
published a notice of proposed
rulemaking (NPRM) for the District. In
the NPRM, EPA proposed approval of
the District’s regional haze five-year
progress report SIP, a report on progress
towards RPGs, for the first
implementation period. This progress
report SIP and accompanying cover
letter also included a determination that
the District’s existing regional haze SIP
requires no substantive revision to
achieve the established regional haze
visibility improvement and emissions
reduction goals for 2018. No comments
were received in response to EPA’s
proposed rulemaking notice.
States were required to submit, in the
form of a SIP revision, a progress report
every five years that evaluates progress
towards the RPGs for each mandatory
Class I Federal area within the state and
in each mandatory Class I Federal area
outside the state which may be affected
by emissions from within the state. See
40 CFR 51.308(g). In addition, the
provisions under 40 CFR 51.308(h)
require states to submit, at the same
time as the 40 CFR 51.308(g) progress
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Sfmt 4700
report, a determination of the adequacy
of the state’s existing regional haze SIP.
On October 27, 2011, DOEE submitted
its first regional haze SIP in accordance
with the requirements of 40 CFR 51.308
as they existed at the time. The progress
report SIP revision was submitted by
DOEE on March 2, 2016 and EPA finds
that it satisfies the requirements of 40
CFR 51.308(g) and (h).
II. Summary of SIP Revision
On March 2, 2016, the District
submitted a SIP revision to address
progress made towards RPGs. This
progress report SIP submittal also
included a determination of the
adequacy of the District’s existing
regional haze SIP.
The provisions in 40 CFR 51.308(g)
require a progress report SIP to address
seven elements. EPA finds that the
District’s progress report SIP addressed
each element under 40 CFR 51.308(g).
The seven elements and EPA’s
conclusion are briefly summarized later
in this preamble; however, the detailed
rationale for EPA’s action is explained
in the NPR and will not be restated here.
The provisions in 40 CFR 51.308(g)
require progress reports SIPs to include
a description of the status of measures
in the approved regional haze SIP; a
summary of emissions reductions
achieved; an assessment of visibility
conditions for each Class I area in the
state; an analysis of changes in
emissions from source and activities
within the state; an assessment of any
significant changes in anthropogenic
emissions within or outside the state
that have limited or impeded progress
in Class I areas impacted by the state’s
sources; an assessment of the
sufficiency of the approved regional
haze SIP; and a review of the state’s
visibility monitoring strategy. As
explained in detail in the NPR, EPA
finds that the District’s progress report
SIP submittal addressed each element
and has therefore satisfied the
requirements under 40 CFR 51.308(g).
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Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
In addition, pursuant to 40 CFR
51.308(h), states are required to submit,
at the same time as the progress report
submission, a determination of the
adequacy of their existing regional haze
SIP and to take one of four possible
actions based on information in the
progress report. One possible action is
submission of a negative declaration to
EPA that no further substantive revision
to the state’s existing regional haze SIP
is needed. In its progress report, the
District submitted a negative declaration
that it had determined that the existing
regional haze SIP requires no
substantive revision to achieve the RPGs
for Class I areas. As explained in detail
in the NPR, EPA concludes that the
District adequately addressed 40 CFR
51.308(h) because decreasing emissions
of visibility impairing pollutants, lack of
Class I area impact from pollution
sources within the District,1 and
progress of regional Class I areas near
the District towards RPGs for 2018
indicate that no further revisions to the
District’s SIP are necessary for this first
regional haze implementation period.
Therefore, EPA concludes that the
District’s progress report SIP meets the
requirements of 40 CFR 52.308(h).
III. Final Action
In accordance with section 110 of the
CAA, EPA is approving the District’s
regional haze five-year progress report
SIP revision, submitted on March 2,
2016, as meeting the applicable regional
haze requirements set forth in 40 CFR
51.308(g) and (h).
IV. Statutory and Executive Order
Reviews
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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
1 See 77 FR 5191, February 2, 2012 (discussing
the District’s lack of impacts on Class I areas).
VerDate Sep<11>2014
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Executive Orders 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 action and other
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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 October 10, 2017. 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 to
approve the District’s regional haze fiveyear progress report SIP revision 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: July 21, 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. In § 52.470, the table in paragraph
(e) is amended by adding an entry
entitled ‘‘Regional Haze Five-Year
Progress Report’’ to the end of the table
to read as follows:
■
§ 52.470
*
Identification of plan.
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(e) * * *
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Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
Name of non-regulatory SIP revision
Applicable
geographic area
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Regional Haze Five-Year Progress Report.
*
District of Columbia
[FR Doc. 2017–16821 Filed 8–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0040; FRL–9965–76–
Region 10]
Air Plan Approval; Alaska:
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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State submittal
date
EPA approval date
Additional explanation
*
03/02/16
*
08/10/17 [Insert
Federal Register
citation].
*
*
Addresses requirements of 40 CFR
51.308(g) and (h) for Regional Haze
Five-Year Progress Report.
Regional Office’s official hours of
business are Monday through Friday,
8:30 to 4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall, Air Planning Unit, Office of
Air and Waste (OAW–150),
Environmental Protection Agency—
Region 10, 1200 Sixth Ave., Seattle, WA
98101; telephone number: (206) 553–
6357; email address: hall.kristin@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
Whenever a new or revised
National Ambient Air Quality Standard
(NAAQS) is promulgated, each state
must submit a plan for the
implementation, maintenance, and
enforcement of such standard,
commonly referred to as infrastructure
requirements. On July 9, 2012, Alaska
submitted a plan to address the
infrastructure requirements for the lead
(Pb) NAAQS promulgated on October
15, 2008. The Environmental Protection
Agency (EPA) is approving the plan as
meeting Clean Air Act (CAA)
requirements.
DATES: This final rule is effective
September 11, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2017–0040. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the Internet and is publicly available
only in hard copy form. Public docket
materials are available at https://
www.regulations.gov or at the EPA
Region 10 Office of Air and Waste, 1200
Sixth Avenue, Seattle, Washington
98101. The EPA requests that you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
below, to schedule your inspection. The
SUMMARY:
I. Background
II. Final Action
III. Statutory and Executive Orders Review
I. Background
On July 9, 2012, Alaska submitted a
SIP to meet the infrastructure
requirements of CAA sections 110(a)(1)
and (2) for multiple NAAQS, including
the Pb NAAQS. On May 31, 2017, the
EPA proposed to approve the
submission as meeting certain
infrastructure requirements for the Pb
NAAQS (82 FR 24914). Please see our
proposed rulemaking for further
explanation and the basis for our
finding. The public comment period for
this proposal ended on June 30, 2017.
We received no comments.
II. Final Action
The EPA is approving Alaska’s July 9,
2012, SIP submission as meeting the
following CAA section 110(a)(2)
infrastructure elements for the 2008 Pb
NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M). We
note that this action does not address
CAA section 110(a)(2)(D)(i)(I) for the
2008 Pb NAAQS, which was approved
on August 4, 2014 (79 FR 45103).
III. Statutory and Executive Orders
Review
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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
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37307
Fmt 4700
Sfmt 4700
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 Orders 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
this action does not involve technical
standards; and
• Does not provide the 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian Tribe has demonstrated that a
Tribe has jurisdiction. In those areas of
Indian country, the rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000).
E:\FR\FM\10AUR1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37305-37307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16821]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0267; FRL-9965-73-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Regional Haze Five-Year Progress Report State
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the District of Columbia state implementation plan (SIP)
submitted by the District of Columbia (the District) through the
District of Columbia Department of Energy and Environment (DOEE). The
District's SIP submittal addresses requirements of the Clean Air Act
(CAA) and EPA's rules that require states to submit periodic reports
describing progress towards reasonable progress goals (RPGs)
established for regional haze and a determination of the adequacy of
the state's existing SIP addressing regional haze (regional haze SIP).
No comments were received in response to EPA's proposed rulemaking
action published on May 30, 2017. EPA is approving the District's SIP
submittal because EPA has determined that it satisfactorily addresses
the progress report and adequacy determination requirements for the
first implementation period for regional haze.
DATES: This final rule is effective on September 11, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0267. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., 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 through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by
email at calcinore.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 30, 2017 (82 FR 24617), EPA published a notice of proposed
rulemaking (NPRM) for the District. In the NPRM, EPA proposed approval
of the District's regional haze five-year progress report SIP, a report
on progress towards RPGs, for the first implementation period. This
progress report SIP and accompanying cover letter also included a
determination that the District's existing regional haze SIP requires
no substantive revision to achieve the established regional haze
visibility improvement and emissions reduction goals for 2018. No
comments were received in response to EPA's proposed rulemaking notice.
States were required to submit, in the form of a SIP revision, a
progress report every five years that evaluates progress towards the
RPGs for each mandatory Class I Federal area within the state and in
each mandatory Class I Federal area outside the state which may be
affected by emissions from within the state. See 40 CFR 51.308(g). In
addition, the provisions under 40 CFR 51.308(h) require states to
submit, at the same time as the 40 CFR 51.308(g) progress report, a
determination of the adequacy of the state's existing regional haze
SIP. On October 27, 2011, DOEE submitted its first regional haze SIP in
accordance with the requirements of 40 CFR 51.308 as they existed at
the time. The progress report SIP revision was submitted by DOEE on
March 2, 2016 and EPA finds that it satisfies the requirements of 40
CFR 51.308(g) and (h).
II. Summary of SIP Revision
On March 2, 2016, the District submitted a SIP revision to address
progress made towards RPGs. This progress report SIP submittal also
included a determination of the adequacy of the District's existing
regional haze SIP.
The provisions in 40 CFR 51.308(g) require a progress report SIP to
address seven elements. EPA finds that the District's progress report
SIP addressed each element under 40 CFR 51.308(g). The seven elements
and EPA's conclusion are briefly summarized later in this preamble;
however, the detailed rationale for EPA's action is explained in the
NPR and will not be restated here.
The provisions in 40 CFR 51.308(g) require progress reports SIPs to
include a description of the status of measures in the approved
regional haze SIP; a summary of emissions reductions achieved; an
assessment of visibility conditions for each Class I area in the state;
an analysis of changes in emissions from source and activities within
the state; an assessment of any significant changes in anthropogenic
emissions within or outside the state that have limited or impeded
progress in Class I areas impacted by the state's sources; an
assessment of the sufficiency of the approved regional haze SIP; and a
review of the state's visibility monitoring strategy. As explained in
detail in the NPR, EPA finds that the District's progress report SIP
submittal addressed each element and has therefore satisfied the
requirements under 40 CFR 51.308(g).
[[Page 37306]]
In addition, pursuant to 40 CFR 51.308(h), states are required to
submit, at the same time as the progress report submission, a
determination of the adequacy of their existing regional haze SIP and
to take one of four possible actions based on information in the
progress report. One possible action is submission of a negative
declaration to EPA that no further substantive revision to the state's
existing regional haze SIP is needed. In its progress report, the
District submitted a negative declaration that it had determined that
the existing regional haze SIP requires no substantive revision to
achieve the RPGs for Class I areas. As explained in detail in the NPR,
EPA concludes that the District adequately addressed 40 CFR 51.308(h)
because decreasing emissions of visibility impairing pollutants, lack
of Class I area impact from pollution sources within the District,\1\
and progress of regional Class I areas near the District towards RPGs
for 2018 indicate that no further revisions to the District's SIP are
necessary for this first regional haze implementation period.
Therefore, EPA concludes that the District's progress report SIP meets
the requirements of 40 CFR 52.308(h).
---------------------------------------------------------------------------
\1\ See 77 FR 5191, February 2, 2012 (discussing the District's
lack of impacts on Class I areas).
---------------------------------------------------------------------------
III. Final Action
In accordance with section 110 of the CAA, EPA is approving the
District's regional haze five-year progress report SIP revision,
submitted on March 2, 2016, as meeting the applicable regional haze
requirements set forth in 40 CFR 51.308(g) and (h).
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 Orders
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 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 October 10, 2017. 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 to approve the District's regional haze five-year
progress report SIP revision 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: July 21, 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. In Sec. 52.470, the table in paragraph (e) is amended by adding an
entry entitled ``Regional Haze Five-Year Progress Report'' to the end
of the table to read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
[[Page 37307]]
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State EPA approval Additional
revision area submittal date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regional Haze Five-Year District of Columbia..... 03/02/16 08/10/17 [Insert Addresses
Progress Report. Federal requirements of 40
Register CFR 51.308(g) and
citation]. (h) for Regional
Haze Five-Year
Progress Report.
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[FR Doc. 2017-16821 Filed 8-9-17; 8:45 am]
BILLING CODE 6560-50-P
