80_FR_14363 80 FR 14310 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Preconstruction Requirements-Nonattainment New Source Review

80 FR 14310 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Preconstruction Requirements-Nonattainment New Source Review

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 53 (March 19, 2015)

Page Range14310-14312
FR Document2015-06217

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the District Department of the Environment (DDOE) for the District of Columbia (DC) on April 5, 2013. EPA is approving this revision to DC's nonattainment New Source Review (NSR) program in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 53 (Thursday, March 19, 2015)
[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Rules and Regulations]
[Pages 14310-14312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06217]



[[Page 14310]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0186; FRL-9924-57-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Preconstruction Requirements--Nonattainment New 
Source Review

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 Department 
of the Environment (DDOE) for the District of Columbia (DC) on April 5, 
2013. EPA is approving this revision to DC's nonattainment New Source 
Review (NSR) program in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: This final rule is effective on April 20, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0186. 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 either electronically through www.regulations.gov or in hard 
copy for public inspection 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 the 
Environment, Air Quality Division, 1200 1st Street NE., 5th Floor, 
Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 11, 2014 (79 FR 73508), EPA published a notice of 
proposed rulemaking (NPR) for the District of Columbia. In the NPR, EPA 
proposed approval of revisions to DC's nonattainment NSR program, 
notably provisions for Plantwide Applicability Limits (PALs) and 
preconstruction permitting requirements for major sources of fine 
particulate matter (PM2.5). The formal SIP revision was 
submitted by DDOE on April 5, 2013.

II. Summary of SIP Revision

    Generally, the revision submitted by DDOE involves amendments to 
sections 199.1 (Definitions and Abbreviations) and 200 (General Permit 
Requirements), repealing and replacing section 204 (Permit Requirements 
for Sources Affecting Non-attainment Areas), repealing section 206 
(Notice and Comment Prior to Permit Issuance), adding sections 208 
(General and Non-attainment Areas) and 210 (Notice and Comment Prior to 
Permit Issuance), and adding specific definitions to section 299 
(Definitions and Abbreviations). Additionally, several non-substantive, 
clarifying and organizational revisions to the sections mentioned 
herein were submitted. As described in detail in the NPR, the revisions 
incorporate provisions related to two Federal rulemaking actions: The 
2002 ``Prevention of Significant Deterioration (PSD) and Nonattainment 
NSR (NSR): Baseline Emissions Determination, Actual-to-Future-Actual 
Methodology, Plantwide Applicability Limitations, Clean Units, 
Pollution Control Projects'' (2002 NSR Rules); and the 2008 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR 
PM2.5 Rule). 67 FR 80186 (December 31, 2002) (2002 NSR 
Rules) and 73 FR 28321 (May 16, 2008) (2008 NSR Rule). The 2008 NSR 
PM2.5 Rule (as well as the 2007 ``Final Clean Air Fine 
Particle Implementation Rule'' (2007 PM2.5 Implementation 
Rule) \1\), was the subject of litigation before the United States 
Court of Appeals for the District of Columbia Circuit (DC Circuit) in 
Natural Resources Defense Council v. EPA.\2\ On January 4, 2013, the 
court remanded to EPA both the 2007 PM2.5 Implementation 
Rule and the 2008 NSR PM2.5 Rule. The court found that in 
both rules EPA erred in implementing the 1997 PM2.5 National 
Ambient Air Quality Standard (NAAQS) solely pursuant to the general 
implementation provisions of subpart 1 of part D of title I of the CAA 
(subpart 1), rather than pursuant to the additional implementation 
provisions specific to particulate matter in subpart 4 of part D of 
title I (subpart 4).\3\ As a result, the court remanded both rules and 
instructed EPA ``to re-promulgate these rules pursuant to subpart 4 
consistent with this opinion.''
---------------------------------------------------------------------------

    \1\ 72 FR 20586 (April 25, 2007).
    \2\ 706 F.3d 428 (D.C. Cir. 2013).
    \3\ The DC Circuit's opinion did not specifically address the 
point that implementation under subpart 4 requirements would still 
require consideration of subpart 1 requirements, to the extent that 
subpart 4 did not override subpart 1. EPA assumes that the court 
presumed that EPA would address this issue of potential overlap 
between subpart 1 and subpart 4 requirements in subsequent actions.
---------------------------------------------------------------------------

    As was noted in the NPR, with respect to PM2.5, DDOE 
submitted an attainment plan for the Metropolitan Washington, DC-MD-VA 
nonattainment area on April 2, 2008. On January 12, 2009, EPA finalized 
a clean data determination for the area for the 1997 PM2.5 
NAAQS, which suspended the requirement for DDOE to submit, among other 
things, an attainment plan SIP for the area. 74 FR 1146. Accordingly, 
on February 6, 2012, DDOE withdrew the attainment plan SIP, and it is 
no longer before EPA. Moreover, on October 6, 2014, EPA took final 
action to redesignate the Metro-Washington area to attainment for the 
1997 PM2.5 NAAQS. 79 FR 60081. As a result, DDOE is no 
longer obligated to submit a nonattainment NSR SIP revision under 
section 189 of the CAA addressing nonattainment NSR permitting 
requirements for PM2.5, including the requirements under 
subpart 4. Therefore, EPA has not evaluated the April 5, 2013 submittal 
for the purposes of determining compliance with the subpart 4 
requirements. To the extent that any area is designated nonattainment 
for PM2.5 in the future in the Metropolitan Washington, DC 
area, DDOE will have to make a submission under Section 189 of the CAA 
addressing how its nonattainment permitting program in the D.C. SIP 
satisfies the CAA statutory requirements as to PM2.5, 
including subpart 4 and any applicable PM2.5 Federal 
implementation rules.
    Other specific requirements of DDOE's April 5, 2013 submittal and 
the rationale for EPA's approval 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 DDOE's April 5, 2013 submittal as a revision to 
the D.C. SIP.

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

[[Page 14311]]

incorporation by reference of revisions to D.C.'s nonattainment NSR 
program, notably provisions for PALs and preconstruction permitting 
requirements for major sources of PM2.5 as discussed in 
section II of this action. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy 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 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 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 May 18, 2015. 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 D.C.'s nonattainment NSR program 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 6, 2015.
William C. Early,
Acting Regional Administrator, Region III.
    Therefore, 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 (c) is amended by:
0
a. Revising the entries for sections 199, 200, 204, and 299.
0
b. Removing the entry for section 206.
0
c. Adding in numerical order entries for sections 208 and 210.
    The revisions and additions read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (c) * * *

                      EPA-Approved Regulations and Statutes in the District of Columbia SIP
----------------------------------------------------------------------------------------------------------------
                                                               State                              Additional
         State citation               Title/subject       effective date  EPA Approval date      explanation
----------------------------------------------------------------------------------------------------------------
                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
----------------------------------------------------------------------------------------------------------------
                                                Chapter 1 General
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 199....................  Definitions and                11/16/12  3/19/2015 [Insert  ...................
                                  Abbreviations.                            Federal
                                                                           Register
                                                                           Citation].
 

[[Page 14312]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Chapter 2 General and Non-attainment Area Permits
----------------------------------------------------------------------------------------------------------------
Section 200....................  General Permit                 11/16/12  3/19/2015 [Insert  ...................
                                  Requirements.                             Federal
                                                                           Register
                                                                           Citation].
 
                                                  * * * * * * *
Section 204....................  Permit Requirements for        11/16/12  3/19/2015 [Insert  Previous version of
                                  Sources Affecting Non-                   Federal Register   Section 204 is
                                  attainment Areas.                        Citation].         replaced in its
                                                                                              entirety
Section 208....................  Plantwide Applicability        11/16/12  3/19/2015 [Insert  Added
                                  Limit (PAL) Permits                      Federal Register
                                  for Major Sources.                       Citation].
Section 210....................  Notice and Comment             11/16/12  3/19/2015 [Insert  Added
                                  Prior to Permit                          Federal Register
                                  Issuance.                                Citation].
Section 299....................  Definitions and                11/16/12  3/19/2015 [        ...................
                                  Abbreviations.                           [Insert  Federal
                                                                           Register
                                                                           Citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2015-06217 Filed 3-18-15; 8:45 am]
 BILLING CODE 6560-50-P



                                             14310             Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations

                                             ENVIRONMENTAL PROTECTION                                nonattainment NSR program, notably                    of title I (subpart 4).3 As a result, the
                                             AGENCY                                                  provisions for Plantwide Applicability                court remanded both rules and
                                                                                                     Limits (PALs) and preconstruction                     instructed EPA ‘‘to re-promulgate these
                                             40 CFR Part 52                                          permitting requirements for major                     rules pursuant to subpart 4 consistent
                                             [EPA–R03–OAR–2014–0186; FRL–9924–57–                    sources of fine particulate matter                    with this opinion.’’
                                             Region 3]                                               (PM2.5). The formal SIP revision was                     As was noted in the NPR, with respect
                                                                                                     submitted by DDOE on April 5, 2013.                   to PM2.5, DDOE submitted an attainment
                                             Approval and Promulgation of Air                                                                              plan for the Metropolitan Washington,
                                             Quality Implementation Plans; District                  II. Summary of SIP Revision                           DC–MD–VA nonattainment area on
                                             of Columbia; Preconstruction                                                                                  April 2, 2008. On January 12, 2009, EPA
                                                                                            Generally, the revision submitted by                           finalized a clean data determination for
                                             Requirements—Nonattainment New             DDOE involves amendments to sections
                                             Source Review                                                                                                 the area for the 1997 PM2.5 NAAQS,
                                                                                        199.1 (Definitions and Abbreviations)                              which suspended the requirement for
                                             AGENCY: Environmental Protection           and 200 (General Permit Requirements),                             DDOE to submit, among other things, an
                                             Agency (EPA).                              repealing and replacing section 204                                attainment plan SIP for the area. 74 FR
                                             ACTION: Final rule.                        (Permit Requirements for Sources                                   1146. Accordingly, on February 6, 2012,
                                                                                        Affecting Non-attainment Areas),                                   DDOE withdrew the attainment plan
                                             SUMMARY: The Environmental Protection repealing section 206 (Notice and                                       SIP, and it is no longer before EPA.
                                             Agency (EPA) is approving a State          Comment Prior to Permit Issuance),                                 Moreover, on October 6, 2014, EPA took
                                             Implementation Plan (SIP) revision         adding sections 208 (General and Non-                              final action to redesignate the Metro-
                                             submitted by the District Department of attainment Areas) and 210 (Notice and                                 Washington area to attainment for the
                                             the Environment (DDOE) for the District Comment Prior to Permit Issuance), and                                1997 PM2.5 NAAQS. 79 FR 60081. As a
                                             of Columbia (DC) on April 5, 2013. EPA adding specific definitions to section                                 result, DDOE is no longer obligated to
                                             is approving this revision to DC’s         299 (Definitions and Abbreviations).                               submit a nonattainment NSR SIP
                                             nonattainment New Source Review            Additionally, several non-substantive,                             revision under section 189 of the CAA
                                             (NSR) program in accordance with the       clarifying and organizational revisions                            addressing nonattainment NSR
                                             requirements of the Clean Air Act          to the sections mentioned herein were                              permitting requirements for PM2.5,
                                             (CAA).                                     submitted. As described in detail in the                           including the requirements under
                                             DATES: This final rule is effective on     NPR, the revisions incorporate                                     subpart 4. Therefore, EPA has not
                                             April 20, 2015.                            provisions related to two Federal                                  evaluated the April 5, 2013 submittal for
                                             ADDRESSES: EPA has established a           rulemaking actions: The 2002                                       the purposes of determining compliance
                                             docket for this action under Docket ID     ‘‘Prevention of Significant Deterioration                          with the subpart 4 requirements. To the
                                             Number EPA–R03–OAR–2014–0186. All (PSD) and Nonattainment NSR (NSR):                                          extent that any area is designated
                                             documents in the docket are listed in      Baseline Emissions Determination,                                  nonattainment for PM2.5 in the future in
                                             the www.regulations.gov Web site.          Actual-to-Future-Actual Methodology,                               the Metropolitan Washington, DC area,
                                             Although listed in the electronic docket, Plantwide Applicability Limitations,                                DDOE will have to make a submission
                                             some information is not publicly           Clean Units, Pollution Control Projects’’                          under Section 189 of the CAA
                                             available, i.e., confidential business     (2002 NSR Rules); and the 2008                                     addressing how its nonattainment
                                             information (CBI) or other information     ‘‘Implementation of the New Source                                 permitting program in the D.C. SIP
                                             whose disclosure is restricted by statute. Review (NSR) Program for Particulate                               satisfies the CAA statutory requirements
                                                                                        Matter Less than 2.5 Micrometers                                   as to PM2.5, including subpart 4 and any
                                             Certain other material, such as
                                                                                        (PM2.5)’’ (2008 NSR PM2.5 Rule). 67 FR                             applicable PM2.5 Federal
                                             copyrighted material, is not placed on
                                                                                                                                                           implementation rules.
                                             the Internet and will be publicly          80186 (December 31, 2002) (2002 NSR                                   Other specific requirements of
                                             available only in hard copy form.          Rules) and 73 FR 28321 (May 16, 2008)                              DDOE’s April 5, 2013 submittal and the
                                             Publicly available docket materials are    (2008 NSR Rule). The 2008 NSR PM2.5                                rationale for EPA’s approval are
                                             available either electronically through    Rule (as well as the 2007 ‘‘Final Clean                            explained in the NPR and will not be
                                             www.regulations.gov or in hard copy for Air Fine Particle Implementation Rule’’                               restated here. No public comments were
                                             public inspection during normal            (2007 PM2.5 Implementation Rule) 1),                               received on the NPR.
                                             business hours at the Air Protection       was the subject of litigation before the
                                             Division, U.S. Environmental Protection United States Court of Appeals for the                                III. Final Action
                                             Agency, Region III, 1650 Arch Street,      District of Columbia Circuit (DC Circuit)                             EPA is approving DDOE’s April 5,
                                             Philadelphia, Pennsylvania 19103.          in Natural Resources Defense Council v.                            2013 submittal as a revision to the D.C.
                                             Copies of the State submittal are          EPA.2 On January 4, 2013, the court                                SIP.
                                             available at the District of Columbia      remanded to EPA both the 2007 PM2.5
                                             Department of the Environment, Air                                                                            IV. Incorporation by Reference
                                                                                        Implementation Rule and the 2008 NSR
                                             Quality Division, 1200 1st Street NE.,     PM2.5 Rule. The court found that in both                              In this rulemaking action, the EPA is
                                             5th Floor, Washington, DC 20002.           rules EPA erred in implementing the                                finalizing regulatory text that includes
                                             FOR FURTHER INFORMATION CONTACT:           1997 PM2.5 National Ambient Air                                    incorporation by reference. In
                                             David Talley, (215) 814–2117, or by        Quality Standard (NAAQS) solely                                    accordance with requirements of 1 CFR
                                             email at talley.david@epa.gov.             pursuant to the general implementation                             51.5, the EPA is finalizing the
                                             SUPPLEMENTARY INFORMATION:                 provisions of subpart 1 of part D of title
Rmajette on DSK2VPTVN1PROD with RULES




                                                                                                                                                             3 The DC Circuit’s opinion did not specifically
                                                                                        I of the CAA (subpart 1), rather than
                                             I. Background                                                                                                 address the point that implementation under
                                                                                        pursuant to the additional                                         subpart 4 requirements would still require
                                                On December 11, 2014 (79 FR 73508), implementation provisions specific to                                  consideration of subpart 1 requirements, to the
                                             EPA published a notice of proposed         particulate matter in subpart 4 of part D                          extent that subpart 4 did not override subpart 1.
                                                                                                                                                           EPA assumes that the court presumed that EPA
                                             rulemaking (NPR) for the District of                                                                          would address this issue of potential overlap
                                             Columbia. In the NPR, EPA proposed            1 72 FR 20586 (April 25, 2007).
                                                                                                                                                           between subpart 1 and subpart 4 requirements in
                                             approval of revisions to DC’s                 2 706 F.3d 428 (D.C. Cir. 2013).                                subsequent actions.



                                        VerDate Sep<11>2014   21:50 Mar 18, 2015   Jkt 235001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\19MRR1.SGM   19MRR1


                                                                  Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations                                                            14311

                                             incorporation by reference of revisions                           • Is not an economically significant                    action must be filed in the United States
                                             to D.C.’s nonattainment NSR program,                           regulatory action based on health or                       Court of Appeals for the appropriate
                                             notably provisions for PALs and                                safety risks subject to Executive Order                    circuit by May 18, 2015. Filing a
                                             preconstruction permitting                                     13045 (62 FR 19885, April 23, 1997);                       petition for reconsideration by the
                                             requirements for major sources of PM2.5                           • Is not a significant regulatory action                Administrator of this final rule does not
                                             as discussed in section II of this action.                     subject to Executive Order 13211 (66 FR                    affect the finality of this action for the
                                             The EPA has made, and will continue                            28355, May 22, 2001);                                      purposes of judicial review nor does it
                                             to make, these documents generally                                • Is not subject to requirements of                     extend the time within which a petition
                                             available electronically through                               Section 12(d) of the National                              for judicial review may be filed, and
                                             www.regulations.gov and/or in hard                             Technology Transfer and Advancement                        shall not postpone the effectiveness of
                                             copy at the appropriate EPA office (see                        Act of 1995 (15 U.S.C. 272 note) because                   such rule or action. This action
                                             the ADDRESSES section of this preamble                         application of those requirements would                    pertaining to D.C.’s nonattainment NSR
                                             for more information).                                         be inconsistent with the CAA; and                          program may not be challenged later in
                                                                                                               • Does not provide EPA with the                         proceedings to enforce its requirements.
                                             V. Statutory and Executive Order                               discretionary authority to address, as                     (See section 307(b)(2).)
                                             Reviews                                                        appropriate, disproportionate human
                                                                                                            health or environmental effects, using                     List of Subjects in 40 CFR Part 52
                                             A. General Requirements
                                                                                                            practicable and legally permissible                          Environmental protection, Air
                                                Under the CAA, the Administrator is                         methods, under Executive Order 12898                       pollution control, Carbon monoxide,
                                             required to approve a SIP submission                           (59 FR 7629, February 16, 1994).                           Incorporation by reference,
                                             that complies with the provisions of the                          In addition, this rule does not have
                                                                                                                                                                       Intergovernmental relations, Nitrogen
                                             CAA and applicable Federal regulations.                        tribal implications as specified by
                                                                                                                                                                       dioxide, Ozone, Particulate matter,
                                             42 U.S.C. 7410(k); 40 CFR 52.02(a).                            Executive Order 13175 (65 FR 67249,
                                                                                                                                                                       Reporting and recordkeeping
                                             Thus, in reviewing SIP submissions,                            November 9, 2000), because the SIP is
                                                                                                                                                                       requirements, Sulfur oxides, Volatile
                                             EPA’s role is to approve state choices,                        not approved to apply in Indian country
                                                                                                                                                                       organic compounds.
                                             provided that they meet the criteria of                        located in the state, and EPA notes that
                                             the CAA. Accordingly, this action                              it will not impose substantial direct                       Dated: March 6, 2015.
                                             merely approves state law as meeting                           costs on tribal governments or preempt                     William C. Early,
                                             Federal requirements and does not                              tribal law.                                                Acting Regional Administrator, Region III.
                                             impose additional requirements beyond                          B. Submission to Congress and the                            Therefore, 40 CFR part 52 is amended
                                             those imposed by state law. For that                           Comptroller General                                        as follows:
                                             reason, this action:
                                                • Is not a ‘‘significant regulatory                            The Congressional Review Act, 5                         PART 52—APPROVAL AND
                                             action’’ subject to review by the Office                       U.S.C. 801 et seq., as added by the Small                  PROMULGATION OF
                                             of Management and Budget under                                 Business Regulatory Enforcement                            IMPLEMENTATION PLANS
                                             Executive Order 12866 (58 FR 51735,                            Fairness Act of 1996, generally provides
                                             October 4, 1993);                                              that before a rule may take effect, the                    ■ 1. The authority citation for part 52
                                                • Does not impose an information                            agency promulgating the rule must                          continues to read as follows:
                                                                                                            submit a rule report, which includes a
                                             collection burden under the provisions                                                                                        Authority: 42 U.S.C. 7401 et seq.
                                                                                                            copy of the rule, to each House of the
                                             of the Paperwork Reduction Act (44
                                                                                                            Congress and to the Comptroller General                    Subpart J—District of Columbia
                                             U.S.C. 3501 et seq.);
                                                                                                            of the United States. EPA will submit a
                                                • Is certified as not having a                              report containing this action and other
                                             significant economic impact on a                                                                                          ■ 2. In § 52.470, the table in paragraph
                                                                                                            required information to the U.S. Senate,                   (c) is amended by:
                                             substantial number of small entities                           the U.S. House of Representatives, and
                                             under the Regulatory Flexibility Act (5                                                                                   ■ a. Revising the entries for sections
                                                                                                            the Comptroller General of the United
                                             U.S.C. 601 et seq.);                                                                                                      199, 200, 204, and 299.
                                                                                                            States prior to publication of the rule in
                                                • Does not contain any unfunded                             the Federal Register. A major rule                         ■ b. Removing the entry for section 206.
                                             mandate or significantly or uniquely                           cannot take effect until 60 days after it                  ■ c. Adding in numerical order entries
                                             affect small governments, as described                         is published in the Federal Register.                      for sections 208 and 210.
                                             in the Unfunded Mandates Reform Act                            This action is not a ‘‘major rule’’ as                        The revisions and additions read as
                                             of 1995 (Pub. L. 104–4);                                       defined by 5 U.S.C. 804(2).                                follows:
                                                • Does not have Federalism
                                             implications as specified in Executive                         C. Petitions for Judicial Review                           § 52.470    Identification of plan.
                                             Order 13132 (64 FR 43255, August 10,                             Under section 307(b)(1) of the CAA,                      *       *    *      *      *
                                             1999);                                                         petitions for judicial review of this                          (c) * * *

                                                                           EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP
                                                                                                                                                         State effective                                      Additional
                                                      State citation                                        Title/subject                                                      EPA Approval date
                                                                                                                                                              date                                           explanation

                                                                                       District of Columbia Municipal Regulations (DCMR), Title 20—Environment
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                                                                                                                             Chapter 1 General


                                                      *                             *                   *                            *                           *                      *                      *
                                             Section 199 .......................   Definitions and Abbreviations .....................................         11/16/12     3/19/2015 [Insert Federal
                                                                                                                                                                              Register Citation].




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                                             14312                Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations

                                                                 EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP—Continued
                                                                                                                                                         State effective                                  Additional
                                                      State citation                                        Title/subject                                                      EPA Approval date
                                                                                                                                                              date                                       explanation

                                                         *                          *                         *                          *                       *                      *                  *

                                                                                                      Chapter 2 General and Non-attainment Area Permits

                                             Section 200 .......................   General Permit Requirements ....................................            11/16/12    3/19/2015 [Insert Federal
                                                                                                                                                                             Register Citation].

                                                      *                             *                 *                    *                                     *                     *                     *
                                             Section 204 .......................   Permit Requirements for Sources Affecting Non-at-                           11/16/12    3/19/2015 [Insert Federal    Previous
                                                                                      tainment Areas.                                                                        Register Citation].          version of
                                                                                                                                                                                                          Section 204
                                                                                                                                                                                                          is replaced
                                                                                                                                                                                                          in its en-
                                                                                                                                                                                                          tirety
                                             Section 208 .......................   Plantwide Applicability Limit (PAL) Permits for Major                       11/16/12    3/19/2015 [Insert Federal    Added
                                                                                     Sources.                                                                                Register Citation].
                                             Section 210 .......................   Notice and Comment Prior to Permit Issuance .........                       11/16/12    3/19/2015 [Insert Federal    Added
                                                                                                                                                                             Register Citation].
                                             Section 299 .......................   Definitions and Abbreviations .....................................         11/16/12    3/19/2015 [ [Insert Fed-
                                                                                                                                                                             eral Register Citation].

                                                         *                          *                         *                          *                       *                      *                  *



                                             *       *       *       *       *                              DATES:  This direct final rule will be                     provide it in the body of your comment.
                                             [FR Doc. 2015–06217 Filed 3–18–15; 8:45 am]                    effective May 18, 2015, without further                    If you send an email comment directly
                                             BILLING CODE 6560–50–P
                                                                                                            notice, unless EPA receives adverse                        to EPA without going through
                                                                                                            comment by April 20, 2015. If EPA                          www.regulations.gov, your email
                                                                                                            receives adverse comment, we will                          address will be automatically captured
                                             ENVIRONMENTAL PROTECTION                                       publish a timely withdrawal of the                         and included as part of the comment
                                             AGENCY                                                         direct final rule in the Federal Register                  that is placed in the public docket and
                                                                                                            informing the public that the rule will                    made available on the Internet. If you
                                             40 CFR Parts 52 and 70                                         not take effect.                                           submit an electronic comment, EPA
                                                                                                            ADDRESSES: Submit your comments,                           recommends that you include your
                                             [EPA–R07–OAR–2015–0134; FRL–9924–44–                           identified by Docket ID No. EPA–R07–                       name and other contact information in
                                             Region 7]                                                      OAR–2015–0134, by one of the                               the body of your comment and with any
                                                                                                            following methods:                                         disk or CD–ROM you submit. If EPA
                                             Approval and Promulgation of Air                                  1. www.regulations.gov. Follow the                      cannot read your comment due to
                                             Quality Implementation Plans; State of                         on-line instructions for submitting                        technical difficulties and cannot contact
                                             Missouri; Reporting Emission Data,                             comments.                                                  you for clarification, EPA may not be
                                             Emission Fees and Process                                         2. Email: Higbee.paula@epa.gov                          able to consider your comment.
                                             Information                                                       3. Mail or Hand Delivery: Paula                         Electronic files should avoid the use of
                                                                                                            Higbee, Environmental Protection                           special characters, any form of
                                             AGENCY: Environmental Protection                               Agency, Air Planning and Development
                                             Agency (EPA).                                                                                                             encryption, and be free of any defects or
                                                                                                            Branch, 11201 Renner Boulevard,
                                                                                                                                                                       viruses.
                                             ACTION: Direct final rule.                                     Lenexa, Kansas 66219.
                                                                                                               Instructions: Direct your comments to                      Docket: All documents in the docket
                                             SUMMARY:   The Environmental Protection                        Docket ID No. EPA–R07–OAR–2015–                            are listed in the www.regulations.gov
                                             Agency (EPA) is taking direct final                            0134. EPA’s policy is that all comments                    index. Although listed in the index,
                                             action to approve revisions to the State                       received will be included in the public                    some information is not publicly
                                             Implementation Plan (SIP) and the                              docket without change and may be                           available, i.e., CBI or other information
                                             Operating Permits Program for the State                        made available online at                                   whose disclosure is restricted by statute.
                                             of Missouri submitted on October 2,                            www.regulations.gov, including any                         Certain other material, such as
                                             2013. These revisions remove                                   personal information provided, unless                      copyrighted material, will be publicly
                                             definitions that were in this rule but                         the comment includes information                           available only in hard copy form.
                                             have been moved to the state’s general                         claimed to be Confidential Business                        Publicly available docket materials are
                                             definitions rule. These revisions also                         Information (CBI) or other information                     available either electronically in
                                             clarify the information required in                            whose disclosure is restricted by statute.                 www.regulations.gov or in hard copy at
                                             emission reports and clarify the types                         Do not submit through                                      the Environmental Protection Agency,
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                                             and frequency of reports for the                               www.regulations.gov or email                               Air Planning and Development Branch,
                                             emission inventory. In addition, a                             information that you consider to be CBI                    11201 Renner Boulevard, Lenexa,
                                             revision to the emission fees section of                       or otherwise protected. The                                Kansas 66219. The Regional Office’s
                                             this rule clarifies that the current                           www.regulations.gov Web site is an                         official hours of business are Monday
                                             emissions fee is only applicable for                           ‘‘anonymous access’’ system, which                         through Friday, 8:00 to 4:30 excluding
                                             years 2013, 2014, and 2015 as set by                           means EPA will not know your identity                      legal holidays. The interested persons
                                             Missouri statute.                                              or contact information unless you                          wanting to examine these documents


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Document Created: 2018-02-21 09:42:22
Document Modified: 2018-02-21 09:42:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on April 20, 2015.
ContactDavid Talley, (215) 814-2117, or by email at [email protected]
FR Citation80 FR 14310 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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