[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14458-14461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05201]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DC104-2052; FRL-9955-98-Region 3]
Air Plan Approval; District of Columbia; Update to Materials
Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the District of
Columbia state implementation plan (SIP). The regulations affected by
this update have been previously submitted by the District of Columbia
Department of Energy and Environment (DoEE) and approved by EPA. This
update affects the SIP materials that are available for public
inspection at the National Archives and Records Administration (NARA)
and the EPA Regional Office.
DATES: This action is effective March 21, 2017.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and NARA. For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. To view the material at
the EPA, Region III Office, EPA requests that you email the contact
listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376 or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which the state revises as necessary
to address its unique air pollution problems. Therefore, EPA, from time
to time, must take action on SIP revisions containing new and/or
revised regulations as being part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for incorporating by reference
federally approved SIPs, as a result of consultations between EPA and
the Office of the Federal Register (OFR). The description of the
revised SIP document, IBR procedures and ``Identification of plan''
format are discussed in further detail in the May 22, 1997 Federal
Register document. On December 7, 1998 (63 FR 67407), EPA published a
document in the Federal Register beginning the new IBR procedure for
the District of Columbia. On August 6, 2004 (69 FR 47773), September 6,
2005 (70 FR 52919), March 19, 2009 (74 FR 11647), and February 22, 2011
(76 FR 9652), EPA published updates to the IBR material for the
District of Columbia.
Since the publication of the last IBR update, EPA has approved the
following regulatory changes to the following District of Columbia
regulations:
A. Added Regulations and Statutes
1. Chapter 2 (General and Non-attainment Area Permits), sections
208 and 210.
2. Chapter 7 (Volatile Organic Compounds), sections 714, 755
through 758 inclusive, and 763 through 778 inclusive.
3. DC Official Code, Title I, Chapter 11A, (Government Ethics
and Accountability), sections 1-1161.01(Definitions), 1-1161.23
(Conflicts of Interest), 1-1161.24 (Public Reporting), and 1-1161.25
(Confidential Disclosure of Financial Interest).
B. Revised Regulations
1. Chapter 1 (General), sections 100 and 199.
2. Chapter 2 (General and Non-attainment Area Permits), sections
200, 204, and 299.
3. Chapter 7, (Volatile Organic Compounds), sections 700, 710,
715 through 737 inclusive, 743 through 749, 751 through 754
inclusive, and 799.
4. Chapter 10, title change to Air Quality--Non EGU Limits on
Nitrogen Oxides Emissions, as well as title changes and revisions to
sections 1001 through 1004.
C. Removed Regulations
1. Chapter 2 (General and Non-attainment Area Permits), section
206
2. Chapter 7, (Volatile Organic Compounds), sections 707, 708,
738 through 742 inclusive, and 750.
3. Chapter 10 (Air Quality--Non EGU Limits on Nitrogen Oxides
Emissions), sections 1005 through 1014 inclusive, and 1099.
II. EPA Action
In this action, EPA is doing the following:
A. In 40 CFR 52.470(b)
Announcing the update to the IBR material as of July 1, 2016 and
revising the text within 40 CFR 52.470(b).
B. In 40 CFR 52.470(c)
1. Correcting a typographical error in the title for chapter 7,
section 702.
2. Removing the five existing entries for chapter 7, section 799
with an EPA approval date prior to April 29, 2013.
C. In 40 CFR 52.470(e)
Revising the Applicable Geographic Area from ``Statewide'' to
``District of Columbia'' for the following titled areas currently
found within 52.470(e): Regional Haze Plan; Section 110(a)(2)
Infrastructure Requirements for the 2008 Lead NAAQS; the Clean Air
Act (CAA) section 128 requirements in relation to State Boards;
section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen
Dioxide (NO2) National Ambient Air Quality Standards
(NAAQS); Section 110(a)(2) Infrastructure Requirements for the 2008
Ozone NAAQS; Section 110(a)(2) Infrastructure Requirements for the
2010 Sulfur Dioxide (SO2) NAAQS; Emergency Air Pollution
Plan; and the Interstate Pollution Transport Requirements for the
2010 NO2 NAAQS.
III. Good Cause Exemption
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
rule simply codifies provisions which are already in effect as a matter
of law in federal and approved state programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the Code
of Federal Register benefits the public by removing outdated citations
and incorrect table entries.
IV. Incorporation by Reference
In this rule, 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
previously EPA approved regulations promulgated by the District of
Columbia and federally effective prior to July 1, 2016. Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the
[[Page 14459]]
Director of the Federal Register in the next update to the SIP
compilation.\1\ The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region III Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
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\1\ 62 FR 27968 (May 22, 1997).
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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) 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).
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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the District of Columbia SIP compilations had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
sees no need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for the District of Columbia.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 7, 2017.
Cecil Rodrigues,
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. Section 52.470 is amended by:
0
a. Revising paragraph (b);
0
b. Revising paragraph (c) table entry for Section 702;
0
c. Removing the second through sixth entries for Section 799 from
paragraph (c) table; and
0
d. In paragraph (e), by revising the following entries: Regional Haze
Plan; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead
NAAQS; CAA section 128 requirements in relation to State Boards;
Section 110(a)(2) Infrastructure Requirements for the 2010
NO2 NAAQS; Section 110(a)(2) Infrastructure Requirements for
the 2008 Ozone NAAQS; Section 110(a)(2) Infrastructure Requirements for
the 2010 SO2 NAAQS; Emergency Air Pollution Plan; and
Interstate Pollution Transport Requirements for the 2010 NO2
NAAQS.
The amendments read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
2016, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with the
EPA approval dates after July 1, 2016 for the District of Columbia,
will be incorporated by reference in the next update to the SIP
compilation.
(2) EPA Region III certifies that the materials provided by EPA at
the addresses in paragraph (b)(3) of this section are an exact
duplicate of the officially promulgated state rules/regulations which
have been approved as part of the state implementation plan as of the
dates referenced in paragraph (b)(1). No additional revisions were made
to paragraph (d) between December 1, 2010 and July 1, 2016.
[[Page 14460]]
(3) Copies of the materials incorporated by reference into the
state implementation plan may be inspected at the Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. To obtain the material, please call the Regional
Office at (215) 814-3376. You may also inspect the material with an EPA
approval date prior to July 1, 2016 for the District of Columbia at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) * * *
EPA-Approved Regulations and Statutes in the District of Columbia SIP
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State Additional
State citation Title/subject effective date EPA approval date explanation
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District of Columbia Municipal Regulations (DCMR), Title 20--Environment
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Chapter 7 Volatile Organic Compounds
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* * * * * * *
Section 702.................... Control of Volatile 3/15/85 10/27/99, 64 FR
Organic Compound Leaks 57777.
from Petroleum
Refinery Equipment.
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(e) * * *
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Applicable
Name of non-regulatory SIP geographic or State EPA approval date Additional explanation
revision nonattainment area submittal date
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* * * * * * *
Regional Haze Plan............. District of 10/27/11 2/2/12, 77 FR 5191
Columbia.
* * * * * * *
Section 110(a)(2) District of 7/18/13 10/22/13, 78 FR This action addresses
Infrastructure Requirements Columbia. 62455. the following CAA
for the 2008 Lead NAAQS. elements:
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M), or
portions thereof.
CAA section 128 requirements in District of 7/18/13 10/22/13, 78 FR
relation to State Boards. Columbia. 62455.
* * * * * * *
Section 110(a)(2) District of 6/9/14 4/13/15, 80 FR This action addresses
Infrastructure Requirements Columbia. 19538. the following CAA
for the 2010 NO2 NAAQS. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). PSD
related portions are
addressed by FIP in 40
CFR 52.499.
Section 110(a)(2) District of 6/13/14 4/13/15, 80 FR This action addresses
Infrastructure Requirements Columbia. 19538. the following CAA
for the 2008 Ozone NAAQS. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). PSD
related portions are
addressed by FIP in 40
CFR 52.499.
Section 110(a)(2) District of 6/13/14 4/13/15, 80 FR This action addresses
Infrastructure Requirements Columbia. 19538. the following CAA
for the 2010 SO2 NAAQS. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). PSD
related portions are
addressed by FIP in 40
CFR 52.499.
Emergency Air Pollution Plan... District of 6/13/14 4/13/15, 80 FR This action addresses
Columbia. 19538. the requirements of 40
CFR 51, subpart H for
particulate matter,
sulfur oxides (SOX),
carbon monoxide (CO),
and ozone, as well as
section 110(a)(2)(G)
of the CAA for the
2008 ozone, 2010 SO2,
and 2010 NO2 NAAQS.
* * * * * * *
Interstate Pollution Transport District of 6/6/14 2/19/16, 81 FR This action addresses
Requirements for the 2010 NO2 Columbia. 8406. the infrastructure
NAAQS. element of CAA section
110(a)(2)(D)(i)(I), or
the good neighbor
provision, for the
2010 NO2 NAAQS.
[[Page 14461]]
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[FR Doc. 2017-05201 Filed 3-20-17; 8:45 am]
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