Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 20237-20239 [2011-8567]
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Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations
By direction of the Commission.
40 CFR Part 52
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the District of Columbia
Department of the Environment, Air
Quality Division, 51 N Street, NE., Fifth
Floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
[EPA–R03–OAR–2010–0139; FRL–9292–9]
I. Background
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Section 110(a)(2)
Infrastructure Requirements for the
1997 8-Hour Ozone and the 1997 and
2006 Fine Particulate Matter National
Ambient Air Quality Standards
On May 17, 2010 (75 FR 27512), EPA
published a notice of proposed
rulemaking (NPR) for the District. The
NPR proposed approval of the District’s
submittals that provide the basic
program elements specified in the CAA
sections 110(a)(2)(A), (B), (C), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M)
necessary to implement, maintain, and
enforce the 1997 8-hour ozone and
PM2.5 NAAQS and the 2006 PM2.5
NAAQS. The formal submittals
submitted by the District Department of
the Environment on December 6, 2007
and January 11, 2008 addressed the
section 110(a)(2) requirements for the
1997 8-hour ozone NAAQS; the
submittals dated August 25, 2008 and
September 22, 2008 addressed the
section 110(a)(2) requirements for the
1997 PM2.5 NAAQS; and the submittal
dated September 21, 2009 addressed the
section 110(a)(2) requirements for the
2006 PM2.5 NAAQS.
Donald S. Clark,
Secretary.
[FR Doc. 2011–8689 Filed 4–11–11; 8:45 am]
BILLING CODE 6750–01–P
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving submittals
from the District of Columbia (the
District) pursuant to the Clean Air Act
(CAA or the Act) sections 110(k)(2) and
(3). These submittals address the
infrastructure elements specified in the
CAA section 110(a)(2), necessary to
implement, maintain, and enforce the
1997 8-hour ozone and fine particulate
matter (PM2.5) national ambient air
quality standards (NAAQS) and the
2006 PM2.5 NAAQS. This final rule is
limited to the following infrastructure
elements which were subject to EPA’s
completeness findings pursuant to CAA
section 110(k)(1) for the 1997 8-hour
ozone NAAQS dated March 27, 2008,
and the 1997 PM2.5 NAAQS dated
October 22, 2008: 110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M).
DATES: Effective Date: This final rule is
effective on May 12, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0139. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, 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 through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
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SUMMARY:
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II. Summary of Relevant Submissions
The above referenced submittals
address the infrastructure elements
specified in the CAA section 110(a)(2).
These submittals refer to the
implementation, maintenance and
enforcement of the 1997 8-hour ozone,
the 1997 PM2.5 NAAQS, and the 2006
PM2.5 NAAQS. The rationale supporting
EPA’s proposed action is explained in
the NPR and the technical support
document (TSD) and will not be restated
here. No public comments were
received on the NPR. However, the
portion of the TSD relating to section
110(a)(2)(D)(ii) is being revised because
the TSD did not give the correct reason
for the proposed approval. The TSD is
available on line at https://
www.regulations.gov, Docket number
EPA–R03–OAR–2010–0139.
III. Final Action
EPA is approving the District’s
submittals that provide the basic
program elements specified in CAA
sections 110(a)(2)(A), (B), (C), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M)
necessary to implement, maintain, and
enforce the 1997 8-hour ozone and
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20237
PM2.5 NAAQS and the 2006 PM2.5
NAAQS.
EPA made completeness findings for
the 1997 8-hour ozone NAAQS on
March 27, 2008 (73 FR 16205) and on
October 22, 2008 (73 FR 62902) for the
1997 PM2.5 NAAQS. These findings
pertained only to whether the
submissions were complete, pursuant to
section 110(k)(1)(A), and did not
constitute EPA approval or disapproval
of such submissions. Each of these
findings noted that the District failed to
submit a complete SIP addressing the
portions of (C) and (J) relating to the Part
C permit programs for the 1997 8-hour
ozone and the 1997 PM2.5 NAAQS.
The District has not submitted a
permit program required under sections
110(a)(2)(C) and (J). Therefore, EPA is
not approving the submissions with
respect to sections 110(a)(2)(C) and (J)
relating to the Part C permit programs
for the 1997 8-hour ozone, the 1997
PM2.5 NAAQS or the 2006 PM2.5
NAAQS. However, these requirements
with respect to the permit programs
have already been addressed by a
Federal Implementation Plan (FIP) that
remains in place (see 40 CFR 52.499),
and therefore this action will not trigger
any additional FIP obligation with
respect to this requirement.
Two elements identified in section
110(a)(2) are not governed by the three
year submission deadline of section
110(a)(1) because SIPs incorporating
necessary local nonattainment area
controls are not due within three years
after promulgation of a new or revised
NAAQS, but rather are due at the time
the nonattainment area plan
requirements are due pursuant to
section 172. These elements are: (1)
Submissions required by section
110(a)(2)(C) to the extent that subsection
pertains to a permit program in Part D
Title I of the CAA; and (2) any
submissions required by section
110(a)(2)(I), which pertain to the
nonattainment planning requirements of
Part D Title I of the CAA. This action
does not cover these specific elements.
This action also does not address the
requirements of section 110(a)(2)(D)(i)
for the 1997 8-hour ozone NAAQS and
1997 PM2.5 NAAQS, since they have
been addressed by separate findings
issued by EPA. See April 25, 2005 (70
FR 21147) and June 9, 2010 (75 FR
32673).
This notice does not take any action
to approve or disapprove any existing
state provisions with regard to excess
emissions during startup, shutdown, or
malfunction (SSM) of operations at a
facility. EPA believes that a number of
states have SSM provisions which are
contrary to the CAA and existing EPA
E:\FR\FM\12APR1.SGM
12APR1
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Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations
guidance (August 11, 1999 Steven
Herman and Robert Perciasepe
Guidance Memorandum, ‘‘State
Implementation Plans: Policy Regarding
Excess Emissions During Malfunctions,
Startup, and Shutdown’’) and EPA plans
to address such state regulations in the
future. In the meantime, EPA
encourages any state having a deficient
SSM provision to take steps to correct
it as soon as possible.
This notice also does not take any
action to approve or disapprove any
existing state rules with regard to
Director’s discretion or variance
provisions. EPA believes that a number
of states have such provisions which are
contrary to the CAA and existing EPA
guidance (52 FR 45109, November 24,
1987), and EPA plans to take action in
the future to address such state
regulations. In the meantime, EPA
encourages any state having a Director’s
discretion or variance provision which
is contrary to the CAA to take steps to
correct the deficiency as soon as
possible.
IV. Statutory and Executive Order
Reviews
A. General Requirements
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Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act 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.);
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• 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.
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This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 13, 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. This action
pertaining to the District of Columbia’s
section 110(a)(2) infrastructure
requirements for the 1997 8-hour ozone
and PM2.5 NAAQS, and the 2006 PM2.5
NAAQS, may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 1, 2011.
W.C. Early,
Acting Regional Administrator, EPA Region
III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart J—District of Columbia
2. In § 52.470, the table in paragraph
(e) is amended by adding entries at the
end of the table for ‘‘Section 110(a)(2)
Infrastructure Requirements for the 1997
8-Hour Ozone NAAQS’’, ‘‘Section
110(a)(2) Infrastructure Requirements
for the 1997 PM2.5 NAAQS’’, and
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2006 PM2.5
NAAQ’’ to read as follows:
■
§ 52.470
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\12APR1.SGM
12APR1
*
*
Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations
Name of non-regulatory SIP
revision
*
Section 110(a)(2) Infrastructure Requirements for the
1997 8-Hour Ozone
NAAQS.
Applicable geographic or
nonattainment area
*
State submittal
date
*
District of Columbia ..............
*
12/06/07
1/11/08
Section 110(a)(2) Infrastructure Requirements for the
1997 PM2.5 NAAQS.
District of Columbia ..............
8/25/08
9/22/08
Section 110(a)(2) Infrastructure Requirements for the
2006 PM2.5 NAAQS.
District of Columbia ..............
9/21/09
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2006–0130–201111(a);
FRL–9293–4]
Approval and Promulgation of
Implementation Plans: Florida;
Prevention of Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to convert a conditional approval
of provisions in the Florida State
Implementation Plan (SIP) to a full
approval under the federal Clean Air
Act (CAA or Act). On June 17, 2009, the
State of Florida, through the Florida
Department of Environmental Protection
(FDEP), submitted a SIP revision in
response to the conditional approval of
its New Source Review (NSR)
permitting program. The revision
includes changes to certain parts of the
Prevention of Significant Deterioration
(PSD) construction permit program in
Florida, including the definition of ‘‘new
emissions unit,’’ ‘‘regulated air
pollutant’’ and ‘‘significant emissions
rate’’ as well as recordkeeping
requirements. In addition, Florida
provided a clarification that the
significant emissions rate for mercury in
the Florida regulations is intended to
apply as a state-only provision. EPA has
determined that this revision addresses
the conditions identified in the
conditional approval, and is therefore
approvable. This action is being taken
pursuant to section 110 of the CAA.
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SUMMARY:
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Additional explanation
*
*
4/12/11 [Insert Federal RegThis action addresses the
ister page number where
following CAA elements:
the document begins and
110(a)(2)(A), (B), (C),
date].
(D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
4/12/11 [Insert Federal RegThis action addresses the
ister page number where
following CAA elements:
the document begins and
110(a)(2)(A), (B), (C),
date].
(D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
4/12/11 [Insert Federal RegThis action addresses the
ister page number where
following CAA elements:
the document begins and
110(a)(2)(A), (B), (C),
date].
(D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
This direct final rule is effective
June 13, 2011 without further notice,
unless EPA receives adverse comment
by May 12, 2011. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2006–0130, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: adams.yolanda@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2006–0130,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Yolanda Adams, Air Planning Branch,
Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2006–
0130.’’ EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
DATES:
[FR Doc. 2011–8567 Filed 4–11–11; 8:45 am]
EPA approval date
20239
through https://www.regulations.gov or
e-mail, information that you consider to
be CBI or otherwise protected. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., 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 Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
E:\FR\FM\12APR1.SGM
12APR1
]]>Agencies
[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Rules and Regulations]
[Pages 20237-20239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8567]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0139; FRL-9292-9]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Section 110(a)(2) Infrastructure Requirements for
the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving submittals from the District of Columbia (the
District) pursuant to the Clean Air Act (CAA or the Act) sections
110(k)(2) and (3). These submittals address the infrastructure elements
specified in the CAA section 110(a)(2), necessary to implement,
maintain, and enforce the 1997 8-hour ozone and fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS) and
the 2006 PM2.5 NAAQS. This final rule is limited to the
following infrastructure elements which were subject to EPA's
completeness findings pursuant to CAA section 110(k)(1) for the 1997 8-
hour ozone NAAQS dated March 27, 2008, and the 1997 PM2.5
NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M).
DATES: Effective Date: This final rule is effective on May 12, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0139. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, 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 through https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
District of Columbia Department of the Environment, Air Quality
Division, 51 N Street, NE., Fifth Floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 17, 2010 (75 FR 27512), EPA published a notice of proposed
rulemaking (NPR) for the District. The NPR proposed approval of the
District's submittals that provide the basic program elements specified
in the CAA sections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M) necessary to implement, maintain, and
enforce the 1997 8-hour ozone and PM2.5 NAAQS and the 2006
PM2.5 NAAQS. The formal submittals submitted by the District
Department of the Environment on December 6, 2007 and January 11, 2008
addressed the section 110(a)(2) requirements for the 1997 8-hour ozone
NAAQS; the submittals dated August 25, 2008 and September 22, 2008
addressed the section 110(a)(2) requirements for the 1997
PM2.5 NAAQS; and the submittal dated September 21, 2009
addressed the section 110(a)(2) requirements for the 2006
PM2.5 NAAQS.
II. Summary of Relevant Submissions
The above referenced submittals address the infrastructure elements
specified in the CAA section 110(a)(2). These submittals refer to the
implementation, maintenance and enforcement of the 1997 8-hour ozone,
the 1997 PM2.5 NAAQS, and the 2006 PM2.5 NAAQS.
The rationale supporting EPA's proposed action is explained in the NPR
and the technical support document (TSD) and will not be restated here.
No public comments were received on the NPR. However, the portion of
the TSD relating to section 110(a)(2)(D)(ii) is being revised because
the TSD did not give the correct reason for the proposed approval. The
TSD is available on line at https://www.regulations.gov, Docket number
EPA-R03-OAR-2010-0139.
III. Final Action
EPA is approving the District's submittals that provide the basic
program elements specified in CAA sections 110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) necessary to
implement, maintain, and enforce the 1997 8-hour ozone and
PM2.5 NAAQS and the 2006 PM2.5 NAAQS.
EPA made completeness findings for the 1997 8-hour ozone NAAQS on
March 27, 2008 (73 FR 16205) and on October 22, 2008 (73 FR 62902) for
the 1997 PM2.5 NAAQS. These findings pertained only to
whether the submissions were complete, pursuant to section
110(k)(1)(A), and did not constitute EPA approval or disapproval of
such submissions. Each of these findings noted that the District failed
to submit a complete SIP addressing the portions of (C) and (J)
relating to the Part C permit programs for the 1997 8-hour ozone and
the 1997 PM2.5 NAAQS.
The District has not submitted a permit program required under
sections 110(a)(2)(C) and (J). Therefore, EPA is not approving the
submissions with respect to sections 110(a)(2)(C) and (J) relating to
the Part C permit programs for the 1997 8-hour ozone, the 1997
PM2.5 NAAQS or the 2006 PM2.5 NAAQS. However,
these requirements with respect to the permit programs have already
been addressed by a Federal Implementation Plan (FIP) that remains in
place (see 40 CFR 52.499), and therefore this action will not trigger
any additional FIP obligation with respect to this requirement.
Two elements identified in section 110(a)(2) are not governed by
the three year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the time the nonattainment area plan requirements are
due pursuant to section 172. These elements are: (1) Submissions
required by section 110(a)(2)(C) to the extent that subsection pertains
to a permit program in Part D Title I of the CAA; and (2) any
submissions required by section 110(a)(2)(I), which pertain to the
nonattainment planning requirements of Part D Title I of the CAA. This
action does not cover these specific elements. This action also does
not address the requirements of section 110(a)(2)(D)(i) for the 1997 8-
hour ozone NAAQS and 1997 PM2.5 NAAQS, since they have been
addressed by separate findings issued by EPA. See April 25, 2005 (70 FR
21147) and June 9, 2010 (75 FR 32673).
This notice does not take any action to approve or disapprove any
existing state provisions with regard to excess emissions during
startup, shutdown, or malfunction (SSM) of operations at a facility.
EPA believes that a number of states have SSM provisions which are
contrary to the CAA and existing EPA
[[Page 20238]]
guidance (August 11, 1999 Steven Herman and Robert Perciasepe Guidance
Memorandum, ``State Implementation Plans: Policy Regarding Excess
Emissions During Malfunctions, Startup, and Shutdown'') and EPA plans
to address such state regulations in the future. In the meantime, EPA
encourages any state having a deficient SSM provision to take steps to
correct it as soon as possible.
This notice also does not take any action to approve or disapprove
any existing state rules with regard to Director's discretion or
variance provisions. EPA believes that a number of states have such
provisions which are contrary to the CAA and existing EPA guidance (52
FR 45109, November 24, 1987), and EPA plans to take action in the
future to address such state regulations. In the meantime, EPA
encourages any state having a Director's discretion or variance
provision which is contrary to the CAA to take steps to correct the
deficiency as soon as possible.
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 Act 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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 13, 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. This action pertaining to the District of Columbia's section
110(a)(2) infrastructure requirements for the 1997 8-hour ozone and
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS, may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: April 1, 2011.
W.C. Early,
Acting Regional Administrator, EPA 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. In Sec. 52.470, the table in paragraph (e) is amended by adding
entries at the end of the table for ``Section 110(a)(2) Infrastructure
Requirements for the 1997 8-Hour Ozone NAAQS'', ``Section 110(a)(2)
Infrastructure Requirements for the 1997 PM2.5 NAAQS'', and
``Section 110(a)(2) Infrastructure Requirements for the 2006
PM2.5 NAAQ'' to read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
[[Page 20239]]
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Applicable
Name of non-regulatory SIP geographic or State submittal EPA approval date Additional
revision nonattainment area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * *
Section 110(a)(2) Infrastructure District of 12/06/07 4/12/11 [Insert This action
Requirements for the 1997 8- Columbia. 1/11/08 Federal Register addresses the
Hour Ozone NAAQS. page number where following CAA
the document elements:
begins and date]. 110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
Section 110(a)(2) Infrastructure District of 8/25/08 4/12/11 [Insert This action
Requirements for the 1997 PM2.5 Columbia. 9/22/08 Federal Register addresses the
NAAQS. page number where following CAA
the document elements:
begins and date]. 110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
Section 110(a)(2) Infrastructure District of 9/21/09 4/12/11 [Insert This action
Requirements for the 2006 PM2.5 Columbia. Federal Register addresses the
NAAQS. page number where following CAA
the document elements:
begins and date]. 110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2011-8567 Filed 4-11-11; 8:45 am]
BILLING CODE 6560-50-P
