Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Preconstruction Requirements-Nonattainment New Source Review, 14310-14312 [2015-06217]

Download as PDF 14310 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2014–0186; FRL–9924–57– Region 3] Rmajette on DSK2VPTVN1PROD with RULES Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Preconstruction Requirements—Nonattainment New Source Review nonattainment NSR program, notably provisions for Plantwide Applicability Limits (PALs) and preconstruction permitting requirements for major sources of fine particulate matter (PM2.5). The formal SIP revision was submitted by DDOE on April 5, 2013. II. Summary of SIP Revision Generally, the revision submitted by DDOE involves amendments to sections 199.1 (Definitions and Abbreviations) and 200 (General Permit Requirements), AGENCY: Environmental Protection repealing and replacing section 204 Agency (EPA). (Permit Requirements for Sources ACTION: Final rule. Affecting Non-attainment Areas), SUMMARY: The Environmental Protection repealing section 206 (Notice and Agency (EPA) is approving a State Comment Prior to Permit Issuance), Implementation Plan (SIP) revision adding sections 208 (General and Nonsubmitted by the District Department of attainment Areas) and 210 (Notice and the Environment (DDOE) for the District Comment Prior to Permit Issuance), and of Columbia (DC) on April 5, 2013. EPA adding specific definitions to section is approving this revision to DC’s 299 (Definitions and Abbreviations). nonattainment New Source Review Additionally, several non-substantive, (NSR) program in accordance with the clarifying and organizational revisions requirements of the Clean Air Act to the sections mentioned herein were (CAA). submitted. As described in detail in the NPR, the revisions incorporate DATES: This final rule is effective on provisions related to two Federal April 20, 2015. rulemaking actions: The 2002 ADDRESSES: EPA has established a ‘‘Prevention of Significant Deterioration docket for this action under Docket ID Number EPA–R03–OAR–2014–0186. All (PSD) and Nonattainment NSR (NSR): Baseline Emissions Determination, documents in the docket are listed in Actual-to-Future-Actual Methodology, the www.regulations.gov Web site. Although listed in the electronic docket, Plantwide Applicability Limitations, Clean Units, Pollution Control Projects’’ some information is not publicly (2002 NSR Rules); and the 2008 available, i.e., confidential business ‘‘Implementation of the New Source information (CBI) or other information whose disclosure is restricted by statute. Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers Certain other material, such as (PM2.5)’’ (2008 NSR PM2.5 Rule). 67 FR copyrighted material, is not placed on 80186 (December 31, 2002) (2002 NSR the Internet and will be publicly available only in hard copy form. Rules) and 73 FR 28321 (May 16, 2008) Publicly available docket materials are (2008 NSR Rule). The 2008 NSR PM2.5 available either electronically through Rule (as well as the 2007 ‘‘Final Clean www.regulations.gov or in hard copy for Air Fine Particle Implementation Rule’’ public inspection during normal (2007 PM2.5 Implementation Rule) 1), business hours at the Air Protection was the subject of litigation before the Division, U.S. Environmental Protection United States Court of Appeals for the Agency, Region III, 1650 Arch Street, District of Columbia Circuit (DC Circuit) Philadelphia, Pennsylvania 19103. in Natural Resources Defense Council v. Copies of the State submittal are EPA.2 On January 4, 2013, the court available at the District of Columbia remanded to EPA both the 2007 PM2.5 Department of the Environment, Air Implementation Rule and the 2008 NSR Quality Division, 1200 1st Street NE., PM2.5 Rule. The court found that in both 5th Floor, Washington, DC 20002. rules EPA erred in implementing the 1997 PM2.5 National Ambient Air FOR FURTHER INFORMATION CONTACT: Quality Standard (NAAQS) solely David Talley, (215) 814–2117, or by pursuant to the general implementation email at talley.david@epa.gov. provisions of subpart 1 of part D of title SUPPLEMENTARY INFORMATION: I of the CAA (subpart 1), rather than I. Background pursuant to the additional On December 11, 2014 (79 FR 73508), implementation provisions specific to particulate matter in subpart 4 of part D EPA published a notice of proposed rulemaking (NPR) for the District of 1 72 FR 20586 (April 25, 2007). Columbia. In the NPR, EPA proposed 2 706 F.3d 428 (D.C. Cir. 2013). approval of revisions to DC’s VerDate Sep<11>2014 21:50 Mar 18, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 of title I (subpart 4).3 As a result, the court remanded both rules and instructed EPA ‘‘to re-promulgate these rules pursuant to subpart 4 consistent with this opinion.’’ As was noted in the NPR, with respect to PM2.5, DDOE submitted an attainment plan for the Metropolitan Washington, DC–MD–VA nonattainment area on April 2, 2008. On January 12, 2009, EPA finalized a clean data determination for the area for the 1997 PM2.5 NAAQS, which suspended the requirement for DDOE to submit, among other things, an attainment plan SIP for the area. 74 FR 1146. Accordingly, on February 6, 2012, DDOE withdrew the attainment plan SIP, and it is no longer before EPA. Moreover, on October 6, 2014, EPA took final action to redesignate the MetroWashington area to attainment for the 1997 PM2.5 NAAQS. 79 FR 60081. As a result, DDOE is no longer obligated to submit a nonattainment NSR SIP revision under section 189 of the CAA addressing nonattainment NSR permitting requirements for PM2.5, including the requirements under subpart 4. Therefore, EPA has not evaluated the April 5, 2013 submittal for the purposes of determining compliance with the subpart 4 requirements. To the extent that any area is designated nonattainment for PM2.5 in the future in the Metropolitan Washington, DC area, DDOE will have to make a submission under Section 189 of the CAA addressing how its nonattainment permitting program in the D.C. SIP satisfies the CAA statutory requirements as to PM2.5, including subpart 4 and any applicable PM2.5 Federal implementation rules. Other specific requirements of DDOE’s April 5, 2013 submittal and the rationale for EPA’s approval 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 DDOE’s April 5, 2013 submittal as a revision to the D.C. SIP. IV. Incorporation by Reference In this rulemaking action, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the 3 The DC Circuit’s opinion did not specifically address the point that implementation under subpart 4 requirements would still require consideration of subpart 1 requirements, to the extent that subpart 4 did not override subpart 1. EPA assumes that the court presumed that EPA would address this issue of potential overlap between subpart 1 and subpart 4 requirements in subsequent actions. E:\FR\FM\19MRR1.SGM 19MRR1 14311 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations incorporation by reference of revisions to D.C.’s nonattainment NSR program, notably provisions for PALs and preconstruction permitting requirements for major sources of PM2.5 as discussed in section II of this action. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • 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. action must be filed in the United States Court of Appeals for the appropriate circuit by May 18, 2015. 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 D.C.’s nonattainment NSR program may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: March 6, 2015. William C. Early, Acting Regional Administrator, Region III. 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). Therefore, 40 CFR part 52 is amended as follows: C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this § 52.470 PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart J—District of Columbia 2. In § 52.470, the table in paragraph (c) is amended by: ■ a. Revising the entries for sections 199, 200, 204, and 299. ■ b. Removing the entry for section 206. ■ c. Adding in numerical order entries for sections 208 and 210. The revisions and additions read as follows: ■ * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP State citation State effective date Title/subject EPA Approval date Additional explanation Rmajette on DSK2VPTVN1PROD with RULES District of Columbia Municipal Regulations (DCMR), Title 20—Environment Chapter 1 General * Section 199 ....................... VerDate Sep<11>2014 * * * Definitions and Abbreviations ..................................... 15:06 Mar 18, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 * 11/16/12 * 3/19/2015 [Insert Federal Register Citation]. E:\FR\FM\19MRR1.SGM 19MRR1 * 14312 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP—Continued State citation State effective date Title/subject * * * * EPA Approval date * * Additional explanation * Chapter 2 General and Non-attainment Area Permits Section 200 ....................... General Permit Requirements .................................... 11/16/12 3/19/2015 [Insert Federal Register Citation]. * Section 204 ....................... * * * Permit Requirements for Sources Affecting Non-attainment Areas. * 11/16/12 * 3/19/2015 [Insert Federal Register Citation]. Section 208 ....................... 11/16/12 Section 210 ....................... Plantwide Applicability Limit (PAL) Permits for Major Sources. Notice and Comment Prior to Permit Issuance ......... Section 299 ....................... Definitions and Abbreviations ..................................... 11/16/12 3/19/2015 [Insert Federal Register Citation]. 3/19/2015 [Insert Federal Register Citation]. 3/19/2015 [ [Insert Federal Register Citation]. * * * * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA–R07–OAR–2015–0134; FRL–9924–44– Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Missouri; Reporting Emission Data, Emission Fees and Process Information Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) and the Operating Permits Program for the State of Missouri submitted on October 2, 2013. These revisions remove definitions that were in this rule but have been moved to the state’s general definitions rule. These revisions also clarify the information required in emission reports and clarify the types and frequency of reports for the emission inventory. In addition, a revision to the emission fees section of this rule clarifies that the current emissions fee is only applicable for years 2013, 2014, and 2015 as set by Missouri statute. Rmajette on DSK2VPTVN1PROD with RULES SUMMARY: 15:06 Mar 18, 2015 * This direct final rule will be effective May 18, 2015, without further notice, unless EPA receives adverse comment by April 20, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2015–0134, by one of the following methods: 1. www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: Higbee.paula@epa.gov 3. Mail or Hand Delivery: Paula Higbee, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Instructions: Direct your comments to Docket ID No. EPA–R07–OAR–2015– 0134. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at 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 through www.regulations.gov or email information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you DATES: [FR Doc. 2015–06217 Filed 3–18–15; 8:45 am] VerDate Sep<11>2014 * Jkt 235001 11/16/12 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 * * Previous version of Section 204 is replaced in its entirety Added Added * provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email 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. Docket: All documents in the docket are listed in the 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, will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office’s official hours of business are Monday through Friday, 8:00 to 4:30 excluding legal holidays. The interested persons wanting to examine these documents E:\FR\FM\19MRR1.SGM 19MRR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Rules and Regulations]
[Pages 14310-14312]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06217]

[[Page 14310]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0186; FRL-9924-57-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Preconstruction Requirements--Nonattainment New
Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the District Department
of the Environment (DDOE) for the District of Columbia (DC) on April 5,
2013. EPA is approving this revision to DC's nonattainment New Source
Review (NSR) program in accordance with the requirements of the Clean
Air Act (CAA).

DATES: This final rule is effective on April 20, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0186. 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: David Talley, (215) 814-2117, or by
email at talley.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On December 11, 2014 (79 FR 73508), EPA published a notice of
proposed rulemaking (NPR) for the District of Columbia. In the NPR, EPA
proposed approval of revisions to DC's nonattainment NSR program,
notably provisions for Plantwide Applicability Limits (PALs) and
preconstruction permitting requirements for major sources of fine
particulate matter (PM2.5). The formal SIP revision was
submitted by DDOE on April 5, 2013.

II. Summary of SIP Revision

Generally, the revision submitted by DDOE involves amendments to
sections 199.1 (Definitions and Abbreviations) and 200 (General Permit
Requirements), repealing and replacing section 204 (Permit Requirements
for Sources Affecting Non-attainment Areas), repealing section 206
(Notice and Comment Prior to Permit Issuance), adding sections 208
(General and Non-attainment Areas) and 210 (Notice and Comment Prior to
Permit Issuance), and adding specific definitions to section 299
(Definitions and Abbreviations). Additionally, several non-substantive,
clarifying and organizational revisions to the sections mentioned
herein were submitted. As described in detail in the NPR, the revisions
incorporate provisions related to two Federal rulemaking actions: The
2002 ``Prevention of Significant Deterioration (PSD) and Nonattainment
NSR (NSR): Baseline Emissions Determination, Actual-to-Future-Actual
Methodology, Plantwide Applicability Limitations, Clean Units,
Pollution Control Projects'' (2002 NSR Rules); and the 2008
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR
PM2.5 Rule). 67 FR 80186 (December 31, 2002) (2002 NSR
Rules) and 73 FR 28321 (May 16, 2008) (2008 NSR Rule). The 2008 NSR
PM2.5 Rule (as well as the 2007 ``Final Clean Air Fine
Particle Implementation Rule'' (2007 PM2.5 Implementation
Rule) \1\), was the subject of litigation before the United States
Court of Appeals for the District of Columbia Circuit (DC Circuit) in
Natural Resources Defense Council v. EPA.\2\ On January 4, 2013, the
court remanded to EPA both the 2007 PM2.5 Implementation
Rule and the 2008 NSR PM2.5 Rule. The court found that in
both rules EPA erred in implementing the 1997 PM2.5 National
Ambient Air Quality Standard (NAAQS) solely pursuant to the general
implementation provisions of subpart 1 of part D of title I of the CAA
(subpart 1), rather than pursuant to the additional implementation
provisions specific to particulate matter in subpart 4 of part D of
title I (subpart 4).\3\ As a result, the court remanded both rules and
instructed EPA ``to re-promulgate these rules pursuant to subpart 4
consistent with this opinion.''
---------------------------------------------------------------------------

\1\ 72 FR 20586 (April 25, 2007).
\2\ 706 F.3d 428 (D.C. Cir. 2013).
\3\ The DC Circuit's opinion did not specifically address the
point that implementation under subpart 4 requirements would still
require consideration of subpart 1 requirements, to the extent that
subpart 4 did not override subpart 1. EPA assumes that the court
presumed that EPA would address this issue of potential overlap
between subpart 1 and subpart 4 requirements in subsequent actions.
---------------------------------------------------------------------------

As was noted in the NPR, with respect to PM2.5, DDOE
submitted an attainment plan for the Metropolitan Washington, DC-MD-VA
nonattainment area on April 2, 2008. On January 12, 2009, EPA finalized
a clean data determination for the area for the 1997 PM2.5
NAAQS, which suspended the requirement for DDOE to submit, among other
things, an attainment plan SIP for the area. 74 FR 1146. Accordingly,
on February 6, 2012, DDOE withdrew the attainment plan SIP, and it is
no longer before EPA. Moreover, on October 6, 2014, EPA took final
action to redesignate the Metro-Washington area to attainment for the
1997 PM2.5 NAAQS. 79 FR 60081. As a result, DDOE is no
longer obligated to submit a nonattainment NSR SIP revision under
section 189 of the CAA addressing nonattainment NSR permitting
requirements for PM2.5, including the requirements under
subpart 4. Therefore, EPA has not evaluated the April 5, 2013 submittal
for the purposes of determining compliance with the subpart 4
requirements. To the extent that any area is designated nonattainment
for PM2.5 in the future in the Metropolitan Washington, DC
area, DDOE will have to make a submission under Section 189 of the CAA
addressing how its nonattainment permitting program in the D.C. SIP
satisfies the CAA statutory requirements as to PM2.5,
including subpart 4 and any applicable PM2.5 Federal
implementation rules.
Other specific requirements of DDOE's April 5, 2013 submittal and
the rationale for EPA's approval 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 DDOE's April 5, 2013 submittal as a revision to
the D.C. SIP.

IV. Incorporation by Reference

In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the

[[Page 14311]]

incorporation by reference of revisions to D.C.'s nonattainment NSR
program, notably provisions for PALs and preconstruction permitting
requirements for major sources of PM2.5 as discussed in
section II of this action. The EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 May 18, 2015. 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 D.C.'s nonattainment NSR program may
not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: March 6, 2015.
William C. Early,
Acting Regional Administrator, Region III.
Therefore, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart J--District of Columbia

0
2. In Sec. 52.470, the table in paragraph (c) is amended by:
0
a. Revising the entries for sections 199, 200, 204, and 299.
0
b. Removing the entry for section 206.
0
c. Adding in numerical order entries for sections 208 and 210.
The revisions and additions read as follows:

Sec. 52.470 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Regulations and Statutes in the District of Columbia SIP
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective date EPA Approval date explanation
----------------------------------------------------------------------------------------------------------------
District of Columbia Municipal Regulations (DCMR), Title 20--Environment
----------------------------------------------------------------------------------------------------------------
Chapter 1 General
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Section 199.................... Definitions and 11/16/12 3/19/2015 [Insert ...................
Abbreviations. Federal
Register
Citation].

[[Page 14312]]

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 2 General and Non-attainment Area Permits
----------------------------------------------------------------------------------------------------------------
Section 200.................... General Permit 11/16/12 3/19/2015 [Insert ...................
Requirements. Federal
Register
Citation].

* * * * * * *
Section 204.................... Permit Requirements for 11/16/12 3/19/2015 [Insert Previous version of
Sources Affecting Non- Federal Register Section 204 is
attainment Areas. Citation]. replaced in its
entirety
Section 208.................... Plantwide Applicability 11/16/12 3/19/2015 [Insert Added
Limit (PAL) Permits Federal Register
for Major Sources. Citation].
Section 210.................... Notice and Comment 11/16/12 3/19/2015 [Insert Added
Prior to Permit Federal Register
Issuance. Citation].
Section 299.................... Definitions and 11/16/12 3/19/2015 [ ...................
Abbreviations. [Insert Federal
Register
Citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2015-06217 Filed 3-18-15; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.