[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Rules and Regulations]
[Pages 8406-8408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03394]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0750; FRL-9942-58-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Interstate Pollution Transport Requirements for
the 2010 Nitrogen Dioxide Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the District of
Columbia (the District). This revision pertains to the infrastructure
requirement of interstate transport pollution with respect to the 2010
nitrogen dioxide (NO2) National Ambient Air Quality
Standards (NAAQS). EPA is approving this revision in accordance with
the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on March 21, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0750. 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 State 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: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Whenever new or revised NAAQS are promulgated, the CAA requires
states to submit a plan for the implementation, maintenance, and
enforcement of such NAAQS. The plan is required to address basic
program elements, including, but not limited to, regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the standards. These elements
are referred to as infrastructure requirements and are specified in
section 110(a)(2) of the CAA. Particularly, section 110(a)(2)(D)(i)(I)
of the CAA requires state SIPs to address any emissions activity in one
state that contributes significantly to nonattainment, or interferes
with maintenance, of the NAAQS in any downwind state. EPA sometimes
refers to these requirements as prong 1 (significant contribution to
nonattainment) and prong 2 (interference with maintenance), or
conjointly as the ``good neighbor'' provision of the CAA.
On December 4, 2015 (80 FR 75845), EPA published a notice of
proposed rulemaking (NPR) for the District. In the NPR, EPA proposed
approval of a SIP revision by the District addressing section
110(a)(2)(D)(i)(I) with respect to the 2010 NO2 NAAQS. The
formal SIP revision was submitted by the District on June 6, 2014.
II. Summary of SIP Revision
The District submitted on June 6, 2014 a SIP revision to satisfy
the infrastructure requirements of section 110(a)(2) of the CAA for the
2010 NO2 NAAQS, including section 110(a)(2)(D)(i)(I) that
pertains to interstate transport. This rulemaking action is addressing
the portions of the District's June 6, 2014 infrastructure submittal
for the 2010 NO2 NAAQS that pertain to transport
requirements.\1\
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\1\ EPA has previously taken rulemaking action on the June 6,
2014 SIP revision to address all other applicable infrastructure
requirements for the 2010 NO2 NAAQS, with the exception
of the transport elements in 110(a)(2)(D)(i)(I). See 80 FR 19538
(April 13, 2015).
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[[Page 8407]]
The District's June 6, 2014 transport submittal concludes that the
District does not have sources that can contribute to nonattainment in,
or interfere with maintenance by, any other state with respect to the
2010 NO2 NAAQS. A detailed summary of EPA's review and
rationale for proposing approval of this SIP revision as meeting
section 110(a)(2)(D)(i)(I) of the CAA for the 2010 NO2 NAAQS
may be found in the NPR and the Technical Support Document (TSD) for
this rulemaking action and will not be restated here. Both the NPR and
TSD are available online at www.regulations.gov, Docket number EPA-R03-
OAR-2015-0750. No public adverse comments were received on the NPR.
III. Final Action
EPA is approving the portions of the District's June 6, 2014 SIP
revision submittal addressing interstate transport for the 2010
NO2 NAAQS as a revision to the District SIP for purposes of
meeting section 110(a)(2)(D)(i)(I) requirements with respect to this
NAAQS.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Publ. 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).
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 19, 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, addressing the District's interstate transport
requirements under the CAA for the 2010 NO2 NAAQS, may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide.
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:
Authority: 42 U.S.C. 7401 et seq.
Subpart J--District of Columbia
0
2. In Sec. 52.470, the table in paragraph (e) is amended by adding an
entry for ``Interstate Pollution Transport Requirements for the 2010
NO2 NAAQS'' to the end of the table to read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
[[Page 8408]]
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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
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* * * * * * *
Interstate Pollution Transport Statewide.......... 6/6/14 2/19/16 [Insert This action
Requirements for the 2010 NO2 Federal Register addresses the
NAAQS. citation]. infrastructure
element of CAA
section
110(a)(2)(D)(i)(I)
, or the good
neighbor
provision, for the
2010 NO2 NAAQS.
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[FR Doc. 2016-03394 Filed 2-18-16; 8:45 am]
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