Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Update to Materials Incorporated by Reference, 9652-9655 [2011-3868]

Download as PDF 9652 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations circuit by April 25, 2011. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action which pertains to Maryland’s amendment to the definition of ‘‘fuel-burning equipment’’ may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart V—Maryland List of Subjects in 40 CFR Part 52 2. In § 52.1070, the table in paragraph (c) is amended by revising the entries for COMAR 26.11.01.01 and COMAR 26.11.09.01 to read as follows: Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Sulfur oxides. ■ Dated: February 1, 2011. W.C. Early, Acting Regional Administrator, Region III. § 52.1070 * 40 CFR part 52 is amended as follows: Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE MARYLAND SIP Code of Maryland administrative regulations (COMAR) citation State effective date Title/subject 26.11.01 26.11.01.01 .............................. * 26.11.09 * * * 2/22/11, [Insert page number where the document begins]. * Definitions ......................... * Revision to paragraph .01B(17). * * * * EVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 * * Revision removes definition ‘‘fuel-burning equipment’’. * * of * federal_register/ code_of_federal_regulations/ ibr_locations.html. FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814–2108 or by e-mail at frankford.harold@epa.gov. SUPPLEMENTARY INFORMATION: DATES: I. Background 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; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West Building, Washington, DC 20460; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ 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 Federallyapproved SIPs, as a result of consultations between EPA and 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 Effective Date: This action is effective February 22, 2011. [DC103–2051; FRL–9267–6] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Update to Materials Incorporated by Reference Environmental Protection Agency (EPA). ACTION: Final rule; administrative change. AGENCY: EPA is updating the materials submitted by the District of Columbia that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the State agency and approved by SUMMARY: 16:03 Feb 18, 2011 2/22/11, [Insert page number where the document begins]. EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC and the EPA Regional Office. * BILLING CODE 6560–50–P VerDate Mar<15>2010 9/20/10 * [FR Doc. 2011–3722 Filed 2–18–11; 8:45 am] mstockstill on DSKH9S0YB1PROD with RULES 9/20/10 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations 26.11.09.01 .............................. * General Administrative Provisions Definitions ......................... * Additional explanation/ citation at 40 CFR 52.1100 EPA approval date Jkt 223001 ADDRESSES: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\22FER1.SGM 22FER1 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 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) and March 19, 2009 (74 FR 11647), 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 IBR materials in paragraph 40 CFR 52.470(c): 1. The addition of 20 DCMR Chapter 15. 2. A revision to the Title of 20 DCMR Chapter 4. 3. The removal of Section 403 of 20 DCMR, Chapter 4. II. EPA Action In this action, EPA is doing the following: 1. Announcing the update to the IBR material as of December 1, 2010. 2. Correcting the title entry for 20 DCMR Chapter 4 in paragraph 52.470(c). 3. Making corrections to several table entries in paragraph 52.470(e) so that the date format in the ‘‘state submittal date’’ and ‘‘EPA approval date’’ columns are consistent with that of the table. 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). Today’s 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 CFR benefits the public by removing outdated citations and incorrect table entries. III. Statutory and Executive Order Reviews mstockstill on DSKH9S0YB1PROD with RULES A. General Requirements Under the Clean Air Act (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 VerDate Mar<15>2010 16:03 Feb 18, 2011 Jkt 223001 the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 9653 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 record keeping requirements, Sulfur oxides, Volatile organic compounds. Dated: February 1, 2011. W.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. Section 52.470 is amended by: a. Revising paragraph (b). b. In paragraph(c), revising the title heading for Chapter 4. ■ c. Revising the following entries in paragraph(e): 15% Rate of Progress Plan, 1996–1999 Rate-of-Progress plan SIP, 1990 Base Year Inventory Revisions, 1999–2005 Rate-of-Progress Plan SIP Revision and the Transportation Control Measures (TCMs) in Appendix J, VMT Offset SIP Revision, Contingency Measure Plan, and 1-hour Ozone Modeled Demonstration of Attainment and Attainment Plan. The amendments read as follows: ■ ■ ■ E:\FR\FM\22FER1.SGM 22FER1 9654 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations § 52.470 Identification of plan. * * * * * (b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) 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. The material incorporated is as it exists on the date of the 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 EPA approval dates on or after December 1, 2010 will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region III certifies that the rules/regulations 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 December 1, 2010. (3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103. For further information, call (215) 814–2108; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20460. For further information, call (202) 566–1742; or at the National Archives and Records Administration (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. (c) EPA-approved regulations. EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS State citation State effective date Title/subject EPA approval date Additional explanation District of Columbia Municipal Regulations (DCMR), Title 20—Environment * * * Chapter 4 * * * * * * * * * Applicable geographic or nonattainment area * 15% Rate of Progress Plan. * Metropolitan Washington Ozone Nonattainment Area. * * * 4/16/98 ...................... 08/05/99, 64 FR 42600 * 1996–1999 Rate-ofProgress plan SIP. * Washington 1-hour ozone nonattainment area. Washington 1-hour ozone nonattainment area. Washington 1-hour ozone nonattainment area. * * * 11/3/97, 5/25/99 ........ 5/13/05, 70 FR 25688 ... 1999-2005 Rate-ofProgress Plan SIP Revision and the Transportation Control Measures (TCMs) in Appendix J. VMT Offset SIP Revision. mstockstill on DSKH9S0YB1PROD with RULES Contingency Measure Plan. 1-hour Ozone Modeled Demonstration of Attainment and Attainment Plan. * VerDate Mar<15>2010 * * * (e) EPA-approved non-regulatory and quasi-regulatory material. Name of non-regulatory SIP revision 1990 Base Year inventory Revisions. * Ambient Monitoring, Emergency Procedures, and Chemical Accident Prevention * * * Washington 1-hour ozone nonattainment area. Washington 1-hour ozone nonattainment area. Washington 1-hour ozone nonattainment area. * 16:03 Feb 18, 2011 State submittal date Additional explanation * * 52.476(a). * * 1999 motor vehicle emissions budgets of 128.5 tons per day (tpy) of VOC and 196.4 tpy of NOx, effective 6/13/05. Effective date: 6/13/05. 9/5/03, 2/25/04 .......... 5/13/05, 70 FR 25688 ... 9/5/03, 2/25/04 .......... 5/13/05, 70 FR 25688 ... Only the TCMs in Appendix J of the 2/25/ 2004 revision, 2002 motor vehicle emissions budgets (MVEBs) of 125.2 tons per day (tpy) for VOC and 290.3 tpy of NOx, and, 2005 MVEBs of 97.4 tpy for VOC and 234.7 tpy of NOx, effective 6/13/05. 9/5/03, 2/25/04 .......... 5/13/05, 70 FR 25688 ... Effective date: 6/13/05. 9/5/03, 2/25/04 .......... 5/13/05, 70 FR 25688 ... Effective date: 6/13/05. 9/5/03, 2/25/04 .......... 5/13/05, 70 FR 25688 ... 2005 motor vehicle emissions budgets of 97.4 tons per day (tpy) for VOC and 234.7 tpy of NOx, effective 6/13/05. * Jkt 223001 EPA approval date PO 00000 * Frm 00016 Fmt 4700 * Sfmt 4700 E:\FR\FM\22FER1.SGM * 22FER1 * Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations [FR Doc. 2011–3868 Filed 2–18–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P Edward Doty, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6057, doty.edward@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This SUPPLEMENTARY INFORMATION section is arranged as follows: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2010–0671; FRL–9267–8] Approval and Promulgation of Air Quality Implementation Plans; Illinois Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is approving a July 29, 2010, request from the State of Illinois to exempt sources of Oxides of Nitrogen (NOX) in the Illinois portions of the Chicago-Gary-Lake County, IllinoisIndiana and St. Louis, Missouri-Illinois 8-hour ozone nonattainment areas from Clean Air Act (CAA) requirements for NOX Reasonably Available Control Technology (RACT) for purposes of attaining the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS or standard). This NOX RACT waiver is based on the most recent three years of complete, quality assured ozone monitoring data, which show attainment of the 1997 8-hour ozone standard in the subject nonattainment areas and demonstrate that additional reduction of NOX emissions in these areas would not contribute to attainment of the 1997 8-hour ozone NAAQS. DATES: This final rule is effective March 24, 2011. ADDRESSES: EPA has established a docket for this action: Docket ID No. EPA–R05–OAR–2010–0671. 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, 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 https:// www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Edward Doty, Environmental Scientist, at (312) 886–6057 before visiting the Region 5 office. mstockstill on DSKH9S0YB1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:03 Feb 18, 2011 Jkt 223001 I. What is the background for this rule? II. What comments did we receive on the proposed rule? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is the background for this rule? On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone standard of 0.08 parts per million parts of air (ppm). EPA published a final rule designating and classifying areas under the 1997 8-hour ozone standard on April 30, 2004 (69 FR 23857). In that rulemaking, the Chicago-Gary-Lake County, Illinois-Indiana (IL–IN) and St. Louis, Missouri-Illinois (MO–IL) areas were designated as nonattainment for the 1997 8-hour ozone standard. The designations became effective on June 15, 2004. Since the Illinois ozone nonattainment areas were classified as moderate nonattainment for ozone under subpart 2 of the CAA in the April 30, 2004, designation rulemaking, they became subject to the Oxides of Nitrogen (NOX) emission control requirements of section 182(f) of the CAA. Section 182(f) requires States with areas classified as moderate nonattainment and above to adopt and implement the same level of NOX emission controls for major stationary sources as are required for major stationary sources of Volatile Organic Compounds (VOC). Major stationary VOC sources are subject to RACT requirements. Therefore, major NOX sources are also subject to RACT requirements. Section 182(f) also provides that these NOX emission control requirements do not apply to an area (outside of a designated ozone transport region) if EPA determines that additional reductions of NOX emissions would not contribute to attainment of the ozone standard. In areas where the ozone standard is attained, as demonstrated by complete, qualityassured air quality data, without the implementation of the additional section 182(f) NOX emission controls, it is clear that additional NOX emission controls required by section 182(f) would not contribute to attainment of PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 9655 the ozone standard since the standard has already been attained. On July 29, 2010, the Illinois Environmental Protection Agency (Illinois EPA) submitted a request for a waiver of the NOX RACT requirements that would apply under section 182(f) of the CAA to the Illinois portions of the Chicago-Gary-Lake County, IL–IN and St. Louis, MO–IL ozone nonattainment areas.1 Although Illinois has adopted NOX RACT rules for the ozone nonattainment areas, the 1997 8-hour ozone standard has been attained in the two ozone nonattainment area prior to the implementation of Illinois’ NOX RACT rules. On December 8, 2010 (75 FR 76332), EPA published a proposed rule reviewing Illinois’ NOX control waiver request and proposing to grant this waiver under section 182(f) of the CAA. This proposed rule provides a detailed discussion of Illinois’ requested NOX RACT waiver and the ozone air quality data supporting the granting of this waiver. II. What comments did we receive on the proposed rule? EPA received no comments on the December 8, 2010, proposed rule. III. What action is EPA taking? The 2007–2009 ozone data for the Chicago-Gary-Lake County, IL–IN and St. Louis, MO–IL 8-hour ozone nonattainment areas show attainment of the 1997 8-hour ozone standard. Based on this conclusion, we are approving Illinois’ request for a waiver from the NOX RACT requirements of the CAA in the Illinois portions of the ChicagoGary-Lake County, IL–IN and St. Louis, MO–IL 8-hour ozone nonattainment areas. 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 CAA. Accordingly, this action merely approves State law as meeting 1 The Illinois portion of the Chicago-Gary-Lake County, IL–IN 8-hour ozone nonattainment area includes Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and portions of Grundy (Aux Sable and Goose Lake Townships) and Kendall (Oswego Township) Counties. The Illinois portion of the St. Louis, MO–IL 8-hour ozone nonattainment area includes Jersey, Madison, Monroe, and St. Clair Counties. These nonattainment areas are not part of a designated ozone transport region. See section 184(a) of the CAA. E:\FR\FM\22FER1.SGM 22FER1

Agencies

[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9652-9655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3868]


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EVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC103-2051; FRL-9267-6]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

-----------------------------------------------------------------------

SUMMARY: EPA is updating the materials submitted by the District of 
Columbia that are incorporated by reference (IBR) into the State 
implementation plan (SIP). The regulations affected by this update have 
been previously submitted by the State agency and approved by EPA. This 
update affects the SIP materials that are available for public 
inspection at the National Archives and Records Administration (NARA), 
the Air and Radiation Docket and Information Center located at EPA 
Headquarters in Washington, DC and the EPA Regional Office.

DATES: Effective Date: This action is effective February 22, 2011.

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; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West 
Building, Washington, DC 20460; or the National Archives and Records 
Administration (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.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108 or 
by e-mail at frankford.harold@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 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

[[Page 9653]]

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) and March 19, 2009 (74 FR 
11647), 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 IBR materials in paragraph 40 CFR 
52.470(c):
    1. The addition of 20 DCMR Chapter 15.
    2. A revision to the Title of 20 DCMR Chapter 4.
    3. The removal of Section 403 of 20 DCMR, Chapter 4.

II. EPA Action

    In this action, EPA is doing the following:
    1. Announcing the update to the IBR material as of December 1, 
2010.
    2. Correcting the title entry for 20 DCMR Chapter 4 in paragraph 
52.470(c).
    3. Making corrections to several table entries in paragraph 
52.470(e) so that the date format in the ``state submittal date'' and 
``EPA approval date'' columns are consistent with that of the table.
    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). 
Today's 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 CFR benefits the public by removing outdated citations 
and incorrect table entries.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the CAA 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this 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 record keeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 1, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. In paragraph(c), revising the title heading for Chapter 4.
0
c. Revising the following entries in paragraph(e): 15% Rate of Progress 
Plan, 1996-1999 Rate-of-Progress plan SIP, 1990 Base Year Inventory 
Revisions, 1999-2005 Rate-of-Progress Plan SIP Revision and the 
Transportation Control Measures (TCMs) in Appendix J, VMT Offset SIP 
Revision, Contingency Measure Plan, and 1-hour Ozone Modeled 
Demonstration of Attainment and Attainment Plan.
    The amendments read as follows:

[[Page 9654]]

Sec.  52.470  Identification of plan.

* * * * *
    (b) Incorporation by reference.
    (1) Material listed as incorporated by reference in paragraphs (c) 
and (d) 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. The material incorporated is as it exists on the date of the 
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 EPA approval dates on or after December 1, 2010 will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region III certifies that the rules/regulations 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 
December 1, 2010.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region III Office at 1650 Arch Street, 
Philadelphia, PA 19103. For further information, call (215) 814-2108; 
the EPA, Air and Radiation Docket and Information Center, Room Number 
3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 
20460. For further information, call (202) 566-1742; or at the National 
Archives and Records Administration (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.
    (c) EPA-approved regulations.

                                  EPA-Approved District of Columbia Regulations
----------------------------------------------------------------------------------------------------------------
                                                                State       EPA approval         Additional
          State citation                Title/subject      effective date       date            explanation
----------------------------------------------------------------------------------------------------------------
                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Chapter 4 Ambient Monitoring, Emergency Procedures, and Chemical Accident Prevention
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) EPA-approved non-regulatory and quasi-regulatory material.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of non-regulatory SIP         geographic or           State submittal date                EPA approval date             Additional explanation
             revision               nonattainment area
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
15% Rate of Progress Plan........  Metropolitan          4/16/98........................  08/05/99, 64 FR 42600..............  52.476(a).
                                    Washington Ozone
                                    Nonattainment Area.
 
                                                                      * * * * * * *
1996-1999 Rate-of-Progress plan    Washington 1-hour     11/3/97, 5/25/99...............  5/13/05, 70 FR 25688...............  1999 motor vehicle
 SIP.                               ozone nonattainment                                                                         emissions budgets of
                                    area.                                                                                       128.5 tons per day (tpy)
                                                                                                                                of VOC and 196.4 tpy of
                                                                                                                                NOx, effective 6/13/05.
1990 Base Year inventory           Washington 1-hour     9/5/03, 2/25/04................  5/13/05, 70 FR 25688...............  Effective date: 6/13/05.
 Revisions.                         ozone nonattainment
                                    area.
1999[dash]2005 Rate-of-Progress    Washington 1-hour     9/5/03, 2/25/04................  5/13/05, 70 FR 25688...............  Only the TCMs in Appendix
 Plan SIP Revision and the          ozone nonattainment                                                                         J of the 2/25/2004
 Transportation Control Measures    area.                                                                                       revision, 2002 motor
 (TCMs) in Appendix J.                                                                                                          vehicle emissions
                                                                                                                                budgets (MVEBs) of 125.2
                                                                                                                                tons per day (tpy) for
                                                                                                                                VOC and 290.3 tpy of
                                                                                                                                NOx, and, 2005 MVEBs of
                                                                                                                                97.4 tpy for VOC and
                                                                                                                                234.7 tpy of NOx,
                                                                                                                                effective 6/13/05.
VMT Offset SIP Revision..........  Washington 1-hour     9/5/03, 2/25/04................  5/13/05, 70 FR 25688...............  Effective date: 6/13/05.
                                    ozone nonattainment
                                    area.
Contingency Measure Plan.........  Washington 1-hour     9/5/03, 2/25/04................  5/13/05, 70 FR 25688...............  Effective date: 6/13/05.
                                    ozone nonattainment
                                    area.
1-hour Ozone Modeled               Washington 1-hour     9/5/03, 2/25/04................  5/13/05, 70 FR 25688...............  2005 motor vehicle
 Demonstration of Attainment and    ozone nonattainment                                                                         emissions budgets of
 Attainment Plan.                   area.                                                                                       97.4 tons per day (tpy)
                                                                                                                                for VOC and 234.7 tpy of
                                                                                                                                NOx, effective 6/13/05.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 9655]]

[FR Doc. 2011-3868 Filed 2-18-11; 8:45 am]
BILLING CODE 6560-50-P
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