Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standard, 5570-5572 [2020-00885]
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
33 CFR Part 165
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Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons stated in the
preamble, the Coast Guard amends 33
CFR parts 100 and 165 as follows:
§ 165.160
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*
[Amended]
7. In § 165.160, in Table 1 to § 165.60,
remove event 1.1, Macy’s 4th of July
Fireworks.
§ 165.169
[Amended]
7. In § 165.169, remove paragraph
(a)(9)(ii) and redesignate paragraph
(a)(9)(iii) as paragraph (a)(9)(ii).
■
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
Dated: January 8, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2020–01294 Filed 1–30–20; 8:45 am]
§ 100.114
BILLING CODE 9110–04–P
[Removed]
2. Remove § 100.114
§ 100.150
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*
■
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
■
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
4. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
[EPA–R03–OAR–2019–0362; FRL–10004–
09–Region 3]
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Infrastructure
Requirements for the 2015 Ozone
National Ambient Air Quality Standard
§ 165.130
AGENCY:
[Removed]
5. Remove § 165.130
■ 6. In § 165.151, amend Table 1 to
§ 165.151 as follows:
■ a. In item 5.1, Jones Beach Airshow,
remove the text ‘‘from 9:30 a.m. until
3:30 p.m. each day’’, and add in its
place the text ‘‘at a time to be
determined annually’’;
■ b. In item 7.24, Village of Ashroken
Fireworks, revise the reference
‘‘41°55′54.04″ N,073°21′27.97″ W (NAD
83)’’ to read ‘‘40°45′39.93″ N,
072°39′49.14″ W (NAD 83)’’; and
■ c. Add an entry for item 7.48 in
numerical order.
The addition reads as follows:
■
§ 165.151 Safety Zones; Fireworks
Displays, Air Shows and Swim Events in the
Captain of the Port Long Island Sound
Zone.
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*
*
*
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TABLE 1 TO § 165.151
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7.49 Bayville
Crescent
Club Fireworks.
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VerDate Sep<11>2014
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• Sponsor: Bayville Crescent
Club, Bayville, NY.
• Time: 8 p.m. to 10 p.m.
• Location: Cooper Bluff,
Cove Neck, NY.
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16:28 Jan 30, 2020
FOR FURTHER INFORMATION CONTACT:
Joseph Schulingkamp, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2021. Mr. Schulingkamp can also
be reached via electronic mail at
schulingkamp.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
[Removed]
3. Remove § 100.150
*
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
*
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the District of Columbia
(the District). The SIP revision addresses
certain infrastructure requirements to
implement, maintain, and enforce the
2015 ozone national ambient air quality
standards (NAAQS), including the
requirements for interstate transport.
EPA is approving the District’s
infrastructure SIP revision for the 2015
ozone NAAQS, with exception of
certain portions, in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
March 2, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0362. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
DATES:
PO 00000
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I. Background
On August 16, 2019 (84 FR 41942),
EPA published a notice of proposed
rulemaking (NPRM) for the District of
Columbia. In the NPRM, EPA proposed
approval of most portions of the District
of Columbia’s SIP revision addressing
infrastructure requirements for the 2015
ozone NAAQS. The formal SIP revision
was submitted by the District through
the Department of Environment and
Energy (DOEE) on August 24, 2018.
On October 26, 2015, EPA issued a
final rule strengthening both the
primary and secondary ozone NAAQS
for ground-level ozone to 70 parts per
billion (ppb), based on the fourthhighest maximum daily 8-hour ozone
concentration per year (hereafter the
2015 ozone NAAQS). 80 FR 65292.
Whenever EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. This particular type of SIP
revision is commonly referred to as an
‘‘infrastructure SIP revision.’’
Infrastructure SIP revisions must meet
the various requirements of CAA section
110(a)(2), as applicable. Section
110(a)(2) includes a list of specific
elements that each infrastructure SIP
revision must address.
II. Summary of SIP Revision and EPA
Analysis
The District’s August 24, 2018
infrastructure SIP revision addresses the
following infrastructure elements, or
portions thereof, for the 2015 ozone
NAAQS: CAA section 110(a)(2)(A), (B),
(C), (D)(i)(I), D(i)(II), D(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). The August 24,
2018 SIP revision addresses the
interstate transport requirements of
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CAA section 110(a)(2)(D)(i)(I) for the
2015 ozone NAAQS (also known as
good neighbor provisions). The SIP
revision provides technical information
supporting the conclusion that the
emissions from the District do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2015 ozone NAAQS
in any other state.
The August 24, 2018 SIP revision did
not address the portion of element (C)
or element (I) referring to the
nonattainment requirements of part D,
title I of the CAA. Part D, title I of the
CAA addresses SIP requirements and
submission deadlines for designated
nonattainment areas for each NAAQS.
Such nonattainment SIP revisions are
required if an area is designated
nonattainment and would be due to
EPA by the dates statutorily prescribed
in subparts 1 through 5 under part D,
title I of the CAA. EPA believes that
because the CAA directs states to submit
these nonattainment SIP requirements
on a separate schedule, it is not
necessary for states to include neither
element (I) nor the portion of element
(C) referring to part D as part of the
infrastructure SIP revisions due three
years after adoption or revision of any
NAAQS.1
On February 27, 2019, EPA
determined that the District’s August 24,
2018 SIP revision submittal was
technically incomplete, in accordance
with 40 CFR part 51, appendix V, with
respect to the portions of the
infrastructure elements in CAA section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J)
relating to the Prevention of Significant
Deterioration (PSD) permitting program
under part C, title I of the CAA, because
the District has not adequately
addressed its part C requirement of
having a SIP-approved PSD program. By
contrast, EPA found the remainder of
the August 24, 2018 SIP revision
submittal to be administratively and
technically complete in accordance with
40 CFR part 51, appendix V. As a result
of this finding, EPA can only proceed in
taking rulemaking action on the
complete portions of the District’s
August 24, 2018 submittal.
Mandatory sanctions would not apply
to the District under CAA section 179 as
a result of EPA’s incompleteness
finding, because the failure to submit a
PSD SIP revision is neither with respect
to a submission that is required under
CAA title I part D, nor in response to a
SIP call under CAA section 110(k)(5). In
addition, EPA is not subject to any
further Federal implementation plan
(FIP) duties, because there is already a
PSD FIP for the District, which
addresses the District’s SIP deficiency,2
which EPA issued to correct the
District’s PSD SIP deficiency, and that
DOEE does not have to take further
action for the FIP-based permitting
program to be implemented.
1 See ‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2),’’
Memorandum from Stephen D. Page, September 13,
2013, (available at https://www3.epa.gov/airquality/
urbanair/sipstatus/docs/Guidance_on_
Infrastructure_SIP_Elements_Multipollutant_
FINAL_Sept_2013.pdf).
2 EPA promulgated the PSD FIP in 1980, and later
amended it in 2003. The PSD FIP for the District
is incorporated by reference in the District’s SIP in
40 CFR 52.499, and it contains the provisions of 40
CFR 52.21, with the exception of paragraph (a)(1).
See 45 FR 52676, at 52741 (August 7, 1980), 68 FR
11316, at 11322 (March 10, 2003), and 68 FR 74483,
at 74488 (December 24, 2003).
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15:45 Jan 30, 2020
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III. Final Action
EPA is approving the District’s August
24, 2018 infrastructure submittal as a
revision to the District of Columbia SIP.
EPA is approving the District’s August
24, 2018 SIP revision as meeting the
requirements of section 110(a)(2) of the
CAA to implement, maintain, and
enforce the 2015 ozone NAAQS,
including specifically section
110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M) for this NAAQS, with exception of
those portions addressing requirements
related to the PSD permitting program of
part C, title I of the CAA in section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J), as
these were found incomplete pursuant
to 40 CFR part 51, appendix V. This
final rulemaking action does not include
action on section 110(a)(2)(I) or portions
of section 110(a)(2)(C) referring to the
permit program under part D, title I of
the CAA.
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 Orders 12866 (58 FR 51735,
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October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
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 March 31, 2020. 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
Name of
non-regulatory
SIP revision
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Section 110(a)(2) Infrastructure
Requirements for the 2015
Ozone NAAQS.
40 CFR part 52 is amended as follows:
State
submittal
date
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2008–0108; FRL–10004–
34–Region 1]
Air Plan Approval; Massachusetts;
Transport State Implementation Plan
for the 2015 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Massachusetts that address the
interstate transport of air pollution
requirements of section 110(a)(2)(D)(i)(I)
of the Clean Air Act for the 2015 ozone
national ambient air quality standard
(NAAQS) (i.e., ozone transport SIP). The
EPA is approving the submission as
meeting the requirement that each SIP
contain adequate provisions to prohibit
emissions that will significantly
contribute to nonattainment or interfere
with maintenance of the 2015 ozone
NAAQS in any other state. This action
SUMMARY:
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Dated: December 26, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
District of Columbia.
BILLING CODE 6560–50–P
15:45 Jan 30, 2020
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.
Applicable
geographic
area
[FR Doc. 2020–00885 Filed 1–30–20; 8:45 am]
VerDate Sep<11>2014
shall not postpone the effectiveness of
such rule or action. This action,
pertaining to the District of Columbia’s
infrastructure requirements for the 2015
ozone NAAQS under CAA section
110(a)(2), may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
Jkt 250001
08/24/18
Frm 00018
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. Amend § 52.470 in the table in
paragraph (e) by adding an entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2015 Ozone
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.470
*
Identification of plan.
*
*
(e) * * *
*
*
EPA
approval
date
Additional explanation
*
1/31/2020, [Insert Federal
Register citation].
*
*
*
This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M). PSD related portions are
addressed by the FIP in 40 CFR 52.499.
is being taken in accordance with the
Clean Air Act.
DATES: This rule is effective on March 2,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2008–0108. All documents in the docket
are listed on the https://
www.regulations.gov website. 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 at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency,
EPA Region 1, 5 Post Office Square—
PO 00000
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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Suite 100, (Mail code 05–2), Boston, MA
02109—3912, tel. (617) 918–1684, email
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background
II. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On August 14, 2019 (84 FR 40344),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Massachusetts. The
NPRM proposed approval of SIP
revisions that address the interstate
transport of air pollution requirements
of section 110(a)(2)(D)(i)(I) of the Clean
Air Act for the 1997, 2008, and 2015
ozone national ambient air quality
standards (NAAQS) (i.e., transport
SIPs). The formal SIP revisions were
submitted by Massachusetts on January
31, 2008; February 9, 2018; and
September 27, 2018, respectively. In this
action, we are approving the transport
SIP for the 2015 ozone NAAQS. We
previously approved the transport SIPs
for the 1997 and 2008 ozone NAAQS.
See 84 FR 59728 (November 6, 2019).
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]]>Agencies
[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5570-5572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00885]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0362; FRL-10004-09-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Infrastructure Requirements for the 2015 Ozone
National Ambient Air Quality Standard
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 District). The SIP revision addresses certain
infrastructure requirements to implement, maintain, and enforce the
2015 ozone national ambient air quality standards (NAAQS), including
the requirements for interstate transport. EPA is approving the
District's infrastructure SIP revision for the 2015 ozone NAAQS, with
exception of certain portions, in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on March 2, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0362. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., 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
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2021. Mr. Schulingkamp can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 16, 2019 (84 FR 41942), EPA published a notice of
proposed rulemaking (NPRM) for the District of Columbia. In the NPRM,
EPA proposed approval of most portions of the District of Columbia's
SIP revision addressing infrastructure requirements for the 2015 ozone
NAAQS. The formal SIP revision was submitted by the District through
the Department of Environment and Energy (DOEE) on August 24, 2018.
On October 26, 2015, EPA issued a final rule strengthening both the
primary and secondary ozone NAAQS for ground-level ozone to 70 parts
per billion (ppb), based on the fourth-highest maximum daily 8-hour
ozone concentration per year (hereafter the 2015 ozone NAAQS). 80 FR
65292. Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This
particular type of SIP revision is commonly referred to as an
``infrastructure SIP revision.'' Infrastructure SIP revisions must meet
the various requirements of CAA section 110(a)(2), as applicable.
Section 110(a)(2) includes a list of specific elements that each
infrastructure SIP revision must address.
II. Summary of SIP Revision and EPA Analysis
The District's August 24, 2018 infrastructure SIP revision
addresses the following infrastructure elements, or portions thereof,
for the 2015 ozone NAAQS: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(I), D(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
The August 24, 2018 SIP revision addresses the interstate transport
requirements of
[[Page 5571]]
CAA section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS (also known as
good neighbor provisions). The SIP revision provides technical
information supporting the conclusion that the emissions from the
District do not significantly contribute to nonattainment or interfere
with maintenance of the 2015 ozone NAAQS in any other state.
The August 24, 2018 SIP revision did not address the portion of
element (C) or element (I) referring to the nonattainment requirements
of part D, title I of the CAA. Part D, title I of the CAA addresses SIP
requirements and submission deadlines for designated nonattainment
areas for each NAAQS. Such nonattainment SIP revisions are required if
an area is designated nonattainment and would be due to EPA by the
dates statutorily prescribed in subparts 1 through 5 under part D,
title I of the CAA. EPA believes that because the CAA directs states to
submit these nonattainment SIP requirements on a separate schedule, it
is not necessary for states to include neither element (I) nor the
portion of element (C) referring to part D as part of the
infrastructure SIP revisions due three years after adoption or revision
of any NAAQS.\1\
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\1\ See ``Guidance on Infrastructure State Implementation Plan
(SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013,
(available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf).
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On February 27, 2019, EPA determined that the District's August 24,
2018 SIP revision submittal was technically incomplete, in accordance
with 40 CFR part 51, appendix V, with respect to the portions of the
infrastructure elements in CAA section 110(a)(2)(C), (D)(i)(II),
(D)(ii), and (J) relating to the Prevention of Significant
Deterioration (PSD) permitting program under part C, title I of the
CAA, because the District has not adequately addressed its part C
requirement of having a SIP-approved PSD program. By contrast, EPA
found the remainder of the August 24, 2018 SIP revision submittal to be
administratively and technically complete in accordance with 40 CFR
part 51, appendix V. As a result of this finding, EPA can only proceed
in taking rulemaking action on the complete portions of the District's
August 24, 2018 submittal.
Mandatory sanctions would not apply to the District under CAA
section 179 as a result of EPA's incompleteness finding, because the
failure to submit a PSD SIP revision is neither with respect to a
submission that is required under CAA title I part D, nor in response
to a SIP call under CAA section 110(k)(5). In addition, EPA is not
subject to any further Federal implementation plan (FIP) duties,
because there is already a PSD FIP for the District, which addresses
the District's SIP deficiency,\2\ which EPA issued to correct the
District's PSD SIP deficiency, and that DOEE does not have to take
further action for the FIP-based permitting program to be implemented.
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\2\ EPA promulgated the PSD FIP in 1980, and later amended it in
2003. The PSD FIP for the District is incorporated by reference in
the District's SIP in 40 CFR 52.499, and it contains the provisions
of 40 CFR 52.21, with the exception of paragraph (a)(1). See 45 FR
52676, at 52741 (August 7, 1980), 68 FR 11316, at 11322 (March 10,
2003), and 68 FR 74483, at 74488 (December 24, 2003).
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III. Final Action
EPA is approving the District's August 24, 2018 infrastructure
submittal as a revision to the District of Columbia SIP. EPA is
approving the District's August 24, 2018 SIP revision as meeting the
requirements of section 110(a)(2) of the CAA to implement, maintain,
and enforce the 2015 ozone NAAQS, including specifically section
110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M) for this NAAQS, with exception of those
portions addressing requirements related to the PSD permitting program
of part C, title I of the CAA in section 110(a)(2)(C), (D)(i)(II),
(D)(ii), and (J), as these were found incomplete pursuant to 40 CFR
part 51, appendix V. This final rulemaking action does not include
action on section 110(a)(2)(I) or portions of section 110(a)(2)(C)
referring to the permit program under part D, title I of the CAA.
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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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
[[Page 5572]]
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 March 31, 2020. 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
infrastructure requirements for the 2015 ozone NAAQS under CAA section
110(a)(2), 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: December 26, 2019.
Diana Esher,
Acting 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:
Authority: 42 U.S.C. 7401 et seq.
Subpart J--District of Columbia
0
2. Amend Sec. 52.470 in the table in paragraph (e) by adding an entry
for ``Section 110(a)(2) Infrastructure Requirements for the 2015 Ozone
NAAQS'' at the end of the table to read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional explanation
revision geographic area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure District of 08/24/18 1/31/2020, [Insert This action addresses
Requirements for the 2015 Ozone Columbia. Federal Register the following CAA
NAAQS. citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(I),
(D)(i)(II), (D)(ii),
(E), (F), (G), (H),
(J), (K), (L), and
(M). PSD related
portions are addressed
by the FIP in 40 CFR
52.499.
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[FR Doc. 2020-00885 Filed 1-30-20; 8:45 am]
BILLING CODE 6560-50-P
