[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54504-54506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19390]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0350; FRL-9950-73-Region 3]
Air Plan Approval; DC; Infrastructure Requirements for the 2012
PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the District of Columbia (the
District) state implementation plan (SIP). Whenever new or revised
national ambient air quality standards (NAAQS) are promulgated, the
Clean Air Act (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. The District has made a submittal addressing the
infrastructure requirements for the 2012 annual fine particulate matter
(PM2.5) NAAQS. EPA is approving these revisions addressing
the infrastructure requirements for the 2012 PM2.5 NAAQS in
accordance with the requirements of the CAA.
DATES: This rule is effective on October 17, 2016 without further
notice, unless EPA receives adverse written comment by September 15,
2016. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0350 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On December 28, 2015, the District submitted a formal SIP revision
to its SIP. The District's SIP revision submittal addresses the
following infrastructure elements for the implementation of the 2012
annual PM2.5 NAAQS: section 110(a)(2)(A), (B), (C),
(D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M) of the CAA. The infrastructure SIP submittal does not address
section 110(a)(2)(I) which pertains to the nonattainment requirements
of part D, title I of the CAA, since this element is not required to be
submitted by the 3-year submission deadline of CAA section 110(a)(1),
and will be addressed in a separate process.
II. Summary of EPA's Rationale for Proposing Approval
In accordance with 40 CFR part 51, appendix V, EPA found that the
District's December 28, 2015 infrastructure SIP submittal is
technically incomplete for the portions addressing the infrastructure
elements in section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) relating
to the permitting program for prevention of significant deterioration
(PSD), because the District has not adequately addressed the
requirements of part C of title I of the CAA for having a SIP approved
PSD permit program. EPA found the remainder of the SIP submittal to be
administratively and technically complete. On May 11, 2016, EPA sent a
letter to the District Department of Environment and Energy (DDOEE)
notifying the District of this determination.
As a result of this incompleteness finding, EPA is not taking
rulemaking action on the PSD related portions of section 110(a)(2)(C),
(D)(i)(II), (D)(ii), and (J) for the 2012 annual PM2.5
NAAQS, until the District through DDOEE submits a SIP to address the
PSD permit program requirements of part C of title I of the CAA. EPA
recognizes, however, that the District is
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already subject to a Federal Implementation Plan (FIP) containing the
federal PSD program to correct the SIP deficiency and that DDOEE would
not have to take further action for the FIP based permitting process to
continue operating, as incorporated by reference in the District SIP in
40 CFR 52.499.\1\ EPA's PSD FIP for the District consists of the
implementation of the federal PSD provisions as codified in 40 CFR
51.21, with the exception of paragraph (a)(1).
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\1\ On August 7, 1980 (45 FR 52676, at 52741), EPA disapproved a
number of states SIPs for PSD purposes, including the District of
Columbia, and incorporated by reference portions of the federal PSD
provisions in 40 CFR 52.21 into the implementation plans for those
states. This FIP was subsequently amended to reflect amendments to
the federal PSD rule, on March 10, 2003 (68 FR 11316, at 11322) and
December 24, 2003 (68 FR 74483, at 74488). The PSD FIP is
incorporated by reference in the District SIP in 40 CFR 52.499.
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EPA does not anticipate any adverse consequences to DDOEE as a
result of this incompleteness finding for the PSD related portions of
section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for the District's
2012 annual PM2.5 infrastructure SIP revision. First,
mandatory sanctions would not apply to the District under CAA section
179 because the failure to submit a PSD SIP is neither required under
title I part D of the CAA, nor in response to a SIP call under section
110(k)(5) of the CAA. Second, EPA is not subject to any further FIP
duty from our finding of incompleteness because of the PSD FIP that is
already been approved, which addresses the SIP deficiency.
EPA finds that the remainder of the District's December 28, 2015
infrastructure submittal provides the basic program elements specified
in section 110(a)(2) of the CAA necessary to implement, maintain, and
enforce the 2012 annual PM2.5 NAAQS. A detailed summary of
EPA's review and rationale for approving the District's infrastructure
SIP submittal for the 2012 annual PM2.5 NAAQS may be found
in the technical support document (TSD) for this rulemaking action
which is available on line at www.regulations.gov, Docket ID Number
EPA-R03-OAR-2016-0350.
III. Final Action
EPA is approving the District's December 28, 2015 infrastructure
submittal for the 2012 annual PM2.5 NAAQS as meeting the
requirements of section 110(a)(2) of the CAA, 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 the
exception of the 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). This rulemaking does not include action on section
110(a)(2)(I) which pertains to the nonattainment planning requirements
of part D, title I of the CAA, because this element is not required to
be submitted by the 3-year submission deadline of section 110(a)(1) of
the CAA, and will be addressed in a separate process where necessary
and applicable. EPA is publishing this rule without prior proposal
because EPA views this as a noncontroversial amendment and anticipates
no adverse comment. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on October 17, 2016
without further notice unless EPA receives adverse comment by September
15, 2016. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
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);
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).
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 October 17, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the
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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 and address the comment in
the proposed rulemaking action. This action which satisfies certain
infrastructure requirements of section 110(a)(2) of the CAA for the
2012 annual PM2.5 NAAQS for the District 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, Reporting and recordkeeping
requirements.
Dated: August 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
In Sec. 52.470, the table in paragraph (e) is amended by adding an
entry for Section 110(a)(2) Infrastructure Requirements for the 2012
PM2.5 NAAQS to read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable State
revision geographic area submittal date EPA Approval date Additional explanation
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* * * * * * *
Section 110(a)(2) District of 12/28/15 8/16/16, [Insert This action addresses
Infrastructure Requirements Columbia. Federal Register the following CAA
for the 2012 PM2.5 NAAQS. citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(I),
D(i)(II), (E), (F),
(G), (H), (J), (K),
(L), and (M). PSD
related portions are
addressed by FIP in 40
CFR 52.499.
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[FR Doc. 2016-19390 Filed 8-15-16; 8:45 am]
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