Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Regulation To Limit Nitrogen Oxides Emissions From Large Non-Electric Generating Units, 8656-8658 [2016-03489]
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8656
Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations
• 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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).
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 April 22, 2016. 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
VerDate Sep<11>2014
16:09 Feb 19, 2016
Jkt 238001
and address the comment in the
proposed rulemaking. This action 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, Particulate matter, Volatile
organic compounds.
Dated: February 5, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2584 is amended by
adding paragraph (f) to read as follows:
■
§ 52.2584
matter.
Control strategy; Particulate
*
*
*
*
*
(f) Approval—On December 23, 2015,
the State of Wisconsin submitted a
revision to its State Implementation
Plan for the Milwaukee-RacineWaukesha (Milwaukee), Wisconsin 2006
24-Hour Particulate Matter Maintenance
Plan. The submittal established new
Motor Vehicle Emissions Budgets
(MVEB) for Volatile Organic
Compounds (VOC) for the years 2020
and 2025. The VOC MVEBs for the
Milwaukee area are now: 18.274 tons
per day for 2020 and 13.778 tons per
day for the year 2025.
[FR Doc. 2016–03498 Filed 2–19–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0666; FRL–9942–59–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Regulation To Limit
Nitrogen Oxides Emissions From
Large Non-Electric Generating Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the District of Columbia.
SUMMARY:
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Fmt 4700
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The revision caps emissions of nitrogen
oxides (NOX) from large non-electric
generating units (non-EGUs) to meet the
requirements of EPA’s NOX SIP Call.
EPA is approving this revision to cap
emissions of NOX from non-EGUs in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
March 23, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0666. 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 through www.regulations.gov
or may be viewed 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 District submittal are
available at the District of Columbia.
Department of Energy and Environment,
Air Quality Division, 1200 1st Street
NE., 5th Floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 19, 2015 (80 FR 72406),
EPA published a notice of proposed
rulemaking (NPR) for the District of
Columbia. In the NPR, EPA proposed
approval of the District’s regulation to
cap NOX emissions from large nonEGUs to meet the requirements of EPA’s
NOX SIP Call. The formal SIP revision
was submitted by the District of
Columbia on June 19, 2015.
II. Summary of SIP Revision
On June 19, 2015, the District
Department of the Environment (DOEE)
submitted a SIP revision that addresses
NOX reductions from its non-EGUs to
meet its obligations under the NOX SIP
Call. The submission also removes, from
the District’s SIP, regulation Title 20
DCMR Chapter 10—Nitrogen Oxides
Emissions Budget Program. Sections
1000 through 1013 of 20 DCMR Chapter
10 comprised the District’s Ozone
Transport Commission (OTC) NOX
Budget Program, which preceded the
NOX SIP Call trading program, and
E:\FR\FM\22FER1.SGM
22FER1
Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations
section 1014 of 20 DCMR Chapter 10
incorporated by reference the trading
program established under the NOX SIP
Call. Both the OTC and the NOX SIP
Call trading programs have been
discontinued, and the NOX SIP Call
requirements for electric generating
units (EGUs) are now being met under
other trading programs.1 The June 19,
2015 submission removes the existing
Chapter 10 from the District’s SIP, and
replaces it with a new Chapter 10. The
new Chapter 10, entitled Air Quality—
Non-EGU Limits on Nitrogen Oxides
Emissions, establishes an ozone season
NOX emissions cap of 25 tons on
applicable non-EGUs in the District, and
allocates the cap to the non-EGUs
located at the U.S. General Services
Administration Central Heating and
Refrigeration Plant, with a reallocation
required whenever a new non-EGU in
the District becomes subject to the NOX
SIP Call.2 The regulation also requires
continuous emissions monitoring of
NOX emissions, recordkeeping and
reporting pursuant to 40 CFR part 75 to
ensure compliance with the District’s
non-EGU emissions cap.
Other specific requirements of the
District’s SIP submittal and the rationale
for EPA’s proposed action are explained
in the NPR and will not be restated here.
No public comments were received on
the NPR.
mstockstill on DSK4VPTVN1PROD with RULES
III. Final Action
EPA is approving the District of
Columbia’s June 19, 2015 submittal,
which establishes an ozone season NOX
limit of 25 tons for non-EGUs, as a
revision to the District’s SIP. The
submission removes, from the District’s
SIP, regulation Title 20 DCMR Chapter
10—Nitrogen Oxides Emissions Budget
Program, and replaces it with new
Chapter 10—Non-EGU Limits on
Nitrogen Oxides Emissions.
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
incorporation by reference of revised
District of Columbia regulation Title 20
DCMR, Environment, Chapter 10—Air
Quality—Non-EGU limits on Nitrogen
Oxides Emissions, and the revised
definition of ‘‘Fossil fuel-fired’’ in
Chapter 1, General Rules. The EPA has
made, and will continue to make, these
1 There
are presently no EGUs in the District.
2 Applicable non-EGUs are the non-EGUs that
were subject to the NOX SIP Call, including large
industrial boilers and turbines with a maximum
rated heat input capacity greater than 250 million
British thermal units per hour (mmBtu/hr).
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16:09 Feb 19, 2016
Jkt 238001
documents generally available
electronically through
www.regulations.gov and/or may be
viewed 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 rulemaking action does
not have tribal implications as specified
PO 00000
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Fmt 4700
Sfmt 4700
8657
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 April 22, 2016. 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 approving the District of
Columbia SIP submittal to cap NOX
emissions from large non-EGUs 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.
Dated: February 4, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
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8658
Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
b. Removing ‘‘Chapter 10 Nitrogen
Oxides Emissions Budget Program
(Sections 1000–1099).’’
■ c. Adding a new Chapter 10 entitled
‘‘Air Quality—Non-EGU Limits on
Nitrogen Oxides Emissions.’’
The revision and addition read as
follows:
■
Subpart J—District of Columbia
2. In § 52.470, the table in paragraph
(c) is amended by:
■ a. Revising the entry for ‘‘Section
199.’’
■
§ 52.470
*
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
District of Columbia Municipal Regulations (DCMR), Title 20—Environment
Chapter 1 General
*
*
Section 199 ..................................
*
*
Definitions and Abbreviations ......
*
*
*
03/08/15
*
*
02/22/16, [insert Federal
Register citation].
*
*
*
Amended definition of
‘‘Fossil fuel-fired’’
*
*
Chapter 10 Air Quality—Non-EGU Limits on Nitrogen Oxides Emissions
Section 1000 ................................
Applicability ..................................
03/08/15
Section 1001 ................................
03/08/15
Section 1002 ................................
NOX Emissions Budget and NOX
Limit Per Source.
Emissions Monitoring ..................
Section 1003 ................................
Record-Keeping and Reporting ...
03/08/15
Section 1004 ................................
Excess Emissions ........................
03/08/15
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–1012; FRL–9941–38]
Pyriproxyfen; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation increases the
currently established tolerance for
residues of pyriproxyfen in or on tea
from 0.02 parts per million (ppm) to 15
ppm. Sumitomo Chemical Company,
Ltd., c/o Valent U.S.A. Corporation,
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective
February 22, 2016. Objections and
requests for hearings must be received
on or before April 22, 2016, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
16:09 Feb 19, 2016
*
*
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–1012, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
[FR Doc. 2016–03489 Filed 2–19–16; 8:45 am]
VerDate Sep<11>2014
03/08/15
02/22/16, [insert Federal
Register citation].
02/22/16, [insert Federal
Register citation].
02/22/16, [insert Federal
Register citation].
02/22/16, [insert Federal
Register citation].
02/22/16, [insert Federal
Register citation].
Jkt 238001
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
*
*
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
E:\FR\FM\22FER1.SGM
22FER1
Agencies
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8656-8658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03489]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0666; FRL-9942-59-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Regulation To Limit Nitrogen Oxides Emissions
From Large Non-Electric Generating Units
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 of
Columbia. The revision caps emissions of nitrogen oxides
(NOX) from large non-electric generating units (non-EGUs) to
meet the requirements of EPA's NOX SIP Call. EPA is
approving this revision to cap emissions of NOX from non-
EGUs in accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on March 23, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0666. 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 through www.regulations.gov or may be viewed 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 District submittal are available at
the District of Columbia. Department of Energy and Environment, Air
Quality Division, 1200 1st Street NE., 5th Floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 19, 2015 (80 FR 72406), EPA published a notice of
proposed rulemaking (NPR) for the District of Columbia. In the NPR, EPA
proposed approval of the District's regulation to cap NOX
emissions from large non-EGUs to meet the requirements of EPA's
NOX SIP Call. The formal SIP revision was submitted by the
District of Columbia on June 19, 2015.
II. Summary of SIP Revision
On June 19, 2015, the District Department of the Environment (DOEE)
submitted a SIP revision that addresses NOX reductions from
its non-EGUs to meet its obligations under the NOX SIP Call.
The submission also removes, from the District's SIP, regulation Title
20 DCMR Chapter 10--Nitrogen Oxides Emissions Budget Program. Sections
1000 through 1013 of 20 DCMR Chapter 10 comprised the District's Ozone
Transport Commission (OTC) NOX Budget Program, which
preceded the NOX SIP Call trading program, and
[[Page 8657]]
section 1014 of 20 DCMR Chapter 10 incorporated by reference the
trading program established under the NOX SIP Call. Both the
OTC and the NOX SIP Call trading programs have been
discontinued, and the NOX SIP Call requirements for electric
generating units (EGUs) are now being met under other trading
programs.\1\ The June 19, 2015 submission removes the existing Chapter
10 from the District's SIP, and replaces it with a new Chapter 10. The
new Chapter 10, entitled Air Quality--Non-EGU Limits on Nitrogen Oxides
Emissions, establishes an ozone season NOX emissions cap of
25 tons on applicable non-EGUs in the District, and allocates the cap
to the non-EGUs located at the U.S. General Services Administration
Central Heating and Refrigeration Plant, with a reallocation required
whenever a new non-EGU in the District becomes subject to the
NOX SIP Call.\2\ The regulation also requires continuous
emissions monitoring of NOX emissions, recordkeeping and
reporting pursuant to 40 CFR part 75 to ensure compliance with the
District's non-EGU emissions cap.
---------------------------------------------------------------------------
\1\ There are presently no EGUs in the District.
\2\ Applicable non-EGUs are the non-EGUs that were subject to
the NOX SIP Call, including large industrial boilers and
turbines with a maximum rated heat input capacity greater than 250
million British thermal units per hour (mmBtu/hr).
---------------------------------------------------------------------------
Other specific requirements of the District's SIP submittal and the
rationale for EPA's proposed 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 District of Columbia's June 19, 2015
submittal, which establishes an ozone season NOX limit of 25
tons for non-EGUs, as a revision to the District's SIP. The submission
removes, from the District's SIP, regulation Title 20 DCMR Chapter 10--
Nitrogen Oxides Emissions Budget Program, and replaces it with new
Chapter 10--Non-EGU Limits on Nitrogen Oxides Emissions.
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 incorporation by
reference of revised District of Columbia regulation Title 20 DCMR,
Environment, Chapter 10--Air Quality--Non-EGU limits on Nitrogen Oxides
Emissions, and the revised definition of ``Fossil fuel-fired'' in
Chapter 1, General Rules. The EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or may be viewed 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 rulemaking action 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 April 22, 2016. 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 approving the District of Columbia SIP submittal to cap
NOX emissions from large non-EGUs 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.
Dated: February 4, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
[[Page 8658]]
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 entry for ``Section 199.''
0
b. Removing ``Chapter 10 Nitrogen Oxides Emissions Budget Program
(Sections 1000-1099).''
0
c. Adding a new Chapter 10 entitled ``Air Quality--Non-EGU Limits on
Nitrogen Oxides Emissions.''
The revision and addition read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations and Statutes in the District of Columbia SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/Subject effective date EPA Approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia Municipal Regulations (DCMR), Title 20--Environment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 1 General
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 199....................... Definitions and 03/08/15 02/22/16, [insert Federal Register Amended definition of ``Fossil fuel-
Abbreviations. citation]. fired''
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 10 Air Quality--Non-EGU Limits on Nitrogen Oxides Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1000...................... Applicability........ 03/08/15 02/22/16, [insert Federal Register
citation].
Section 1001...................... NOX Emissions Budget 03/08/15 02/22/16, [insert Federal Register
and NOX Limit Per citation].
Source.
Section 1002...................... Emissions Monitoring. 03/08/15 02/22/16, [insert Federal Register
citation].
Section 1003...................... Record-Keeping and 03/08/15 02/22/16, [insert Federal Register
Reporting. citation].
Section 1004...................... Excess Emissions..... 03/08/15 02/22/16, [insert Federal Register
citation].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-03489 Filed 2-19-16; 8:45 am]
BILLING CODE 6560-50-P