Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; The 2002 Base Year Emissions Inventory for the Washington DC-MD-VA Nonattainment Area for the 1997 Fine Particulate Matter National Ambient Air Quality Standard, 65630-65631 [2012-26530]
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65630
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Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Rules and Regulations
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[FR Doc. 2012–26539 Filed 10–29–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0152; FRL–9746–1]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; The 2002 Base Year
Emissions Inventory for the
Washington DC–MD–VA
Nonattainment Area for the 1997 Fine
Particulate Matter National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the fine
particulate matter (PM2.5) 2002 base year
emissions inventory portion of the
District of Columbia State
Implementation Plan (SIP) revision
submitted by the District of Columbia,
through the District Department of the
Environment (DDOE), on April 2, 2008.
The emissions inventory is part of the
April 2, 2008 SIP revision that was
submitted to meet nonattainment
requirements related to the District of
Columbia’s portion of the Washington
DC–MD–VA nonattainment area
(hereafter referred to as DC Area or
Area) for the 1997 PM2.5 National
Ambient Air Quality Standard (NAAQS)
SIP. EPA is approving the 2002 base
year PM2.5 emissions inventory in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
November 29, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0152. All
documents in the docket are listed in
the 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
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,
wreier-aviles on DSK7SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:15 Oct 29, 2012
Jkt 229001
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the District of Columbia
Department of the Environment, Air
Quality Division, 1200 1st Street NE.,
5th floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On August 23, 2012 (77 FR 50964),
EPA published a notice of proposed
rulemaking (NPR) for the District of
Columbia. The NPR proposed approval
of the 2002 base year emissions
inventory portion of the District of
Columbia SIP revision. The formal SIP
revision was submitted by the District of
Columbia on April 2, 2008.
II. Summary of SIP Revision
The 2002 base year emissions
inventory submitted by DDOE on April
2, 2008 includes emissions estimates
that cover the general source categories
of point sources, non-road mobile
sources, area sources, on-road mobile
sources, and biogenic sources. The
pollutants that comprise the inventory
are nitrogen oxides (NOX), volatile
organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3),
and sulfur dioxide (SO2). EPA has
reviewed the results, procedures and
methodologies for the base year
emissions inventory submitted by
DDOE. The year 2002 was selected by
DDOE as the base year for the emissions
inventory per 40 CFR 51.1008(b). A
discussion of the emissions inventory
development as well as the emissions
inventory can be found in Appendix B
of the April 2, 2008 SIP submittal and
in the NPR. Specific requirements of the
base year inventory and the rationale for
EPA’s action are explained in the NPR
and will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is approving the 2002 base year
PM2.5 emissions inventory as a revision
to the District of Columbia SIP.
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,
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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
E:\FR\FM\30OCR1.SGM
30OCR1
65631
Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Rules and Regulations
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 December 31, 2012. 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 PM2.5 2002 base year
emissions inventory portion of the
District of Columbia SIP 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, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: October 11, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
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2002 Base Year Emissions Inventory for the 1997 fine particulate
matter (PM2.5) standard.
*
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District of Columbia portion of the
Washington DC–MD–VA 1997
PM2.5 nonattainment area.
§ 52.474
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(e) EPA approves as a revision to the
District of Columbia State
Implementation Plan the 2002 base year
emissions inventory for the District of
Columbia portion of the Washington
DC–MD–VA 1997 fine particulate matter
(PM2.5) nonattainment area submitted by
the District Department of the
Environment on April 2, 2008. The 2002
base year emissions inventory includes
emissions estimates that cover the
general source categories of point
sources, non-road mobile sources, area
sources, on-road mobile sources, and
biogenic sources. The pollutants that
comprise the inventory are nitrogen
oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse
particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2).
[FR Doc. 2012–26530 Filed 10–29–12; 8:45 am]
BILLING CODE 6560–50–P
VerDate Mar<15>2010
13:15 Oct 29, 2012
Jkt 229001
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 at the end of
the table an entry for 2002 Base Year
Emissions Inventory for the 1997 fine
particulate matter (PM2.5) standard to
read as follows:
■
§ 52.470
Identification of plan.
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(e) EPA-approved nonregulatory and
quasi-regulatory material.
4/2/08
EPA approval date
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10/30/12 [Insert page number
where the document begins].
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Base Year Emissions inventory.
*
wreier-aviles on DSK7SPTVN1PROD with RULES
State
submittal
date
Applicable geographic area
3. In § 52.474, paragraph (e) is added
to read as follows:
1. The authority citation for part 52
continues to read as follows:
■
40 CFR part 52 is amended as follows:
Name of non-regulatory SIP
revision
■
PART 52—[AMENDED]
46 CFR Part 327
[Docket No. MARAD 2012–0005]
RIN 2133–AB79
Retrospective Review Under E.O.
13563: Seamen’s Claims; Admiralty
Extension Act Claims; and Admiralty
Claims
Maritime Administration,
Department of Transportation.
ACTION: Final rule.
AGENCY:
In accordance with Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review,’’ the Maritime
Administration (MarAd) solicited public
comment concerning clarification of its
regulations pertaining to seamen’s
claims, administrative action taken
against MarAd, and litigation pertaining
to such matters. No comments were
received as a result of the agency’s
solicitation. By this rulemaking, MarAd
is updating and modernizing the
existing regulations and adopting a
procedural process to more effectively
address claims arising under the Suits
in Admiralty Act, the Admiralty
Extension Act and the Clarification Act.
SUMMARY:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
Additional
explanation
*
§ 52.474(e)
The existing regulations implement the
Clarification Act. The newly added
regulations implement a process to
resolve administrative claims arising
under the Admiralty Extension Act, and
both the Suits in Admiralty Act and the
Public Vessels Act, respectively.
DATES: This rule is effective November
29, 2012.
FOR FURTHER INFORMATION CONTACT: You
may contact Jay Gordon, Assistant Chief
Counsel for Litigation and General Law,
at (202) 366–5173. You may send mail
to Mr. Gordon at Office of Chief
Counsel, MAR–221, Maritime
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. You may send electronic mail to
jay.gordon@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On January 18, 2011, President
Obama issued Executive Order 13563,
which outlined a plan to improve
regulation and regulatory review (76 FR
3821, January 21, 2011). Executive
Order 13563 reaffirms and builds upon
governing principles of contemporary
regulatory review, including Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ (58 FR 51735, October 4,
1993), by requiring Federal agencies to
design cost-effective, evidence-based
E:\FR\FM\30OCR1.SGM
30OCR1
]]>Agencies
[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Rules and Regulations]
[Pages 65630-65631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26530]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0152; FRL-9746-1]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; The 2002 Base Year Emissions Inventory for the
Washington DC-MD-VA Nonattainment Area for the 1997 Fine Particulate
Matter National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the fine particulate matter
(PM2.5) 2002 base year emissions inventory portion of the
District of Columbia State Implementation Plan (SIP) revision submitted
by the District of Columbia, through the District Department of the
Environment (DDOE), on April 2, 2008. The emissions inventory is part
of the April 2, 2008 SIP revision that was submitted to meet
nonattainment requirements related to the District of Columbia's
portion of the Washington DC-MD-VA nonattainment area (hereafter
referred to as DC Area or Area) for the 1997 PM2.5 National
Ambient Air Quality Standard (NAAQS) SIP. EPA is approving the 2002
base year PM2.5 emissions inventory in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on November 29, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0152. All documents in the docket are listed in
the 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 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, 1200 1st Street NE., 5th floor,
Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On August 23, 2012 (77 FR 50964), EPA published a
notice of proposed rulemaking (NPR) for the District of Columbia. The
NPR proposed approval of the 2002 base year emissions inventory portion
of the District of Columbia SIP revision. The formal SIP revision was
submitted by the District of Columbia on April 2, 2008.
II. Summary of SIP Revision
The 2002 base year emissions inventory submitted by DDOE on April
2, 2008 includes emissions estimates that cover the general source
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise
the inventory are nitrogen oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse particles (PM10),
ammonia (NH3), and sulfur dioxide (SO2). EPA has
reviewed the results, procedures and methodologies for the base year
emissions inventory submitted by DDOE. The year 2002 was selected by
DDOE as the base year for the emissions inventory per 40 CFR
51.1008(b). A discussion of the emissions inventory development as well
as the emissions inventory can be found in Appendix B of the April 2,
2008 SIP submittal and in the NPR. Specific requirements of the base
year inventory and the rationale for EPA's action are explained in the
NPR and will not be restated here. No public comments were received on
the NPR.
III. Final Action
EPA is approving the 2002 base year PM2.5 emissions
inventory as a revision to the District of Columbia SIP.
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 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
[[Page 65631]]
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 December 31, 2012. 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 PM2.5 2002 base year
emissions inventory portion of the District of Columbia SIP 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, Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 11, 2012.
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. In Sec. 52.470, the table in paragraph (e) is amended by adding at
the end of the table an entry for 2002 Base Year Emissions Inventory
for the 1997 fine particulate matter (PM2.5) standard to
read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) EPA-approved nonregulatory and quasi-regulatory material.
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State Additional
revision area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2002 Base Year Emissions Inventory District of Columbia 4/2/08 10/30/12 [Insert page Sec.
for the 1997 fine particulate portion of the number where the 52.474(e)
matter (PM2.5) standard. Washington DC-MD-VA document begins].
1997 PM2.5
nonattainment area.
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 52.474, paragraph (e) is added to read as follows:
Sec. 52.474 Base Year Emissions inventory.
* * * * *
(e) EPA approves as a revision to the District of Columbia State
Implementation Plan the 2002 base year emissions inventory for the
District of Columbia portion of the Washington DC-MD-VA 1997 fine
particulate matter (PM2.5) nonattainment area submitted by
the District Department of the Environment on April 2, 2008. The 2002
base year emissions inventory includes emissions estimates that cover
the general source categories of point sources, non-road mobile
sources, area sources, on-road mobile sources, and biogenic sources.
The pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2).
[FR Doc. 2012-26530 Filed 10-29-12; 8:45 am]
BILLING CODE 6560-50-P
