80 FR 75845 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Interstate Pollution Transport Requirements for the 2010 Nitrogen Dioxide Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 233 (December 4, 2015)

Page Range		75845-75847
FR Document		2015-30685
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the District of Columbia (the District). This revision pertains to the infrastructure requirement for interstate transport pollution with respect to the 2010 nitrogen dioxide (NO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). This action is being taken under the Clean Air Act (CAA).
Federal Register, Volume 80 Issue 233 (Friday, December 4, 2015)
[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Proposed Rules]
[Pages 75845-75847]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30685]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0750; FRL- 9939-65-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Interstate Pollution Transport Requirements for 
the 2010 Nitrogen Dioxide Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
District of Columbia (the District). This revision pertains to the 
infrastructure requirement for interstate transport pollution with 
respect to the 2010 nitrogen dioxide (NO2) National Ambient 
Air Quality Standards (NAAQS). This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before January 4, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0750 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2015-0750 Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0750. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI, or otherwise protected, through www.regulations.gov or email. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form

[[Page 75846]]

of encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available in www.regulations.gov or may be viewed during 
normal business hours at the Air Protection Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the State submittal are 
available at the District of Columbia Department of Energy and 
Environment, Air Quality Division, 1200 1st Street NE., 5th floor, 
Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Emlyn Velez-Rosa, (215) 814-2038, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: On June 6, 2014, the District Department of 
Energy and the Environment (DDOEE) submitted a SIP revision addressing 
the infrastructure requirements for the 2010 NO2 NAAQS.

I. Background

A. General

    Whenever new or revised NAAQS are promulgated, the CAA requires 
states to submit a plan for the implementation, maintenance, and 
enforcement of such NAAQS. The plan is required to address basic 
program elements, including, but not limited to, regulatory structure, 
monitoring, modeling, legal authority, and adequate resources necessary 
to assure attainment and maintenance of the standards. These elements 
are referred to as infrastructure requirements.
    On February 9, 2010 (75 FR 6474), EPA established a new 1-hour 
primary NAAQS for NO2 at a level of 100 parts per billion 
(ppb), based on a 3-year average of the 98th percentile of the yearly 
distribution of 1-hour daily maximum concentrations. See 40 CFR 50.11. 
NO2 is a subset, and often considered an indicator, of the 
broader pollutant nitrogen oxides (NOX). On February 17, 2012 (77 FR 
9532), EPA published its final designations for the 2010 NO2 
NAAQS, based upon 2008-2010 design values. In this rulemaking, EPA 
determined that no area in the country was violating the standard, 
designating all the areas of the country as unclassifiable/attainment. 
The 2008-2010 design values reflect conditions at the time throughout 
the country well below the 2010 NO2 NAAQS, including the 
District and nearby states.

B. EPA's Infrastructure Requirements

    Pursuant to section 110(a)(1), states must make infrastructure SIP 
submissions ``within 3 years (or such shorter period as the 
Administrator may prescribe) after the promulgation of a national 
primary ambient air quality standard (or any revision thereof).'' 
Infrastructure SIP submissions should provide for the ``implementation, 
maintenance, and enforcement'' of such NAAQS. The statute directly 
imposes on states the duty to make these SIP submissions, and the 
requirement to make the submissions is not conditioned upon EPA's 
taking any action other than promulgating a new or revised NAAQS. 
Section 110(a)(2) includes a list of specific elements that ``[e]ach 
such plan'' submission must address.
    Historically, EPA has elected to use guidance documents to make 
recommendations to states for infrastructure SIPs, in some cases 
conveying needed interpretations on newly arising issues and in some 
cases conveying interpretations that have already been developed and 
applied to individual SIP submissions for particular elements. EPA most 
recently issued guidance for infrastructure SIPs on September 13, 2013 
(2013 Infrastructure Guidance).\1\ EPA developed this document to 
provide states with up-to-date guidance for infrastructure SIPs for any 
new or revised NAAQS. Within this guidance, EPA describes the duty of 
states to make infrastructure SIP submissions to meet basic structural 
SIP requirements within three years of promulgation of a new or revised 
NAAQS. EPA also made recommendations about many specific subsections of 
section 110(a)(2) that are relevant in the context of infrastructure 
SIP submissions. The guidance also discusses the substantively 
important issues that are germane to certain subsections of section 
110(a)(2).\2\ EPA interprets section 110(a)(1) and (2) such that 
infrastructure SIP submissions need to address certain issues and need 
not address others. Accordingly, EPA reviews each infrastructure SIP 
submission for compliance with the applicable statutory provisions of 
section 110(a)(2), as appropriate.
---------------------------------------------------------------------------

    \1\ ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' 
Memorandum from Stephen D. Page, September 13, 2013. This guidance 
is available online at http://www.epa.gov/oar/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
    \2\ On September 25, 2009, EPA issued ``Guidance on SIP Elements 
Required Under Sections 110(a)(l) and (2) for the 2006 24-Hour Fine 
Particle (PM2.5) National Ambient Air Quality Standards 
(NAAQS),'' Memorandum from William T. Hartnett, Director, Air 
Quality Policy Division. This guidance provided that each state's 
SIP submission for the 2006 24-hour PM2.5 NAAQS must 
discuss whether emissions from the state significantly contribute to 
nonattainment of the NAAQS or interference with maintenance of the 
NAAQS in any other state and must address any such impact. This 
guidance is available online at http://www.epa.gov/ttn/caaa/t1/memoranda/20090925_harnett_pm25_sip_110a12.pdf.
---------------------------------------------------------------------------

    Additionally, EPA has provided in previous rulemaking actions a 
detailed discussion of the Agency's approach in reviewing 
infrastructure SIPs, including the Agency's longstanding interpretation 
of requirements for section 110(a)(1) and (2), the interpretation that 
the CAA allows states to make multiple SIP submissions separately 
addressing infrastructure SIP elements in section 110(a)(2) for a 
specific NAAQS, and the interpretation that EPA has the ability to act 
on separate elements of 110(a)(2) for a NAAQS in separate rulemaking 
actions.\3\
---------------------------------------------------------------------------

    \3\ See 80 FR 2865 (January 21, 2015) (EPA's rulemaking action 
proposing approval of portions of the District's infrastructure SIP 
submissions for the 2008 ozone NAAQS and the 2010 NO2 and 
sulfur dioxide (SO2) NAAQS).
---------------------------------------------------------------------------

C. Interstate Pollution Transport Requirements

    Section 110(a)(2)(D)(i)(I) of the CAA requires state SIPs to 
address any emissions activity in one state that contributes 
significantly to nonattainment, or interferes with maintenance, of the 
NAAQS in any downwind state. EPA sometimes refers to these requirements 
as prong 1 (significant contribution to nonattainment) and prong 2 
(interference with maintenance), or conjointly as the ``good neighbor'' 
provision of the CAA. Specifically, section 110(a)(2)(D)(i)(I) requires 
the elimination of upwind state emissions that significantly contribute 
to nonattainment or interference with maintenance of the NAAQS in 
another state.

II. Summary of SIP Revisions

    On June 6, 2014, the District through DDOEE submitted a revision to 
its SIP to satisfy the infrastructure requirements of section 110(a)(2) 
of the CAA for the 2010 NO2 NAAQS, including section 
110(a)(2)(D)(i)(I), pertaining to interstate transport requirements. On 
April 13, 2015 (80 FR 19538), EPA approved the District's 
infrastructure SIP submittal for the 2010 NO2 NAAQS for all 
applicable elements

[[Page 75847]]

of section 110(a)(2) with the exception of 110(a)(2)(D)(i)(I).\4\ This 
rulemaking action is addressing the portions of the District's 
infrastructure submittal for the 2010 NO2 NAAQS that pertain 
to transport requirements.\5\
---------------------------------------------------------------------------

    \4\ In this final rulemaking action, EPA also approved the 
District's infrastructure SIPs for the 2008 ozone and 2010 
SO2 NAAQS with the exception of the transport elements in 
110(a)(2)(D)(i)(I).
    \5\ For EPA's explanation of its ability to act on discrete 
elements of section 110(a)(2), see EPA's proposed rulemaking action 
regarding approval of portions of the District's infrastructure SIP 
submissions for the 2008 ozone NAAQS and the 2010 NO2 and 
SO2 NAAQS; 80 FR 2865 (January 21, 2015).
---------------------------------------------------------------------------

    The District's June 6, 2014 transport submittal includes emissions 
inventory and air quality data that concludes that the District does 
not have sources that can contribute to nonattainment in, or interfere 
with maintenance by, any other state with respect to the 2010 
NO2 NAAQS. Currently available air quality monitoring data 
included in the submittal confirms that NO2 levels continue 
to be well below the 2010 NO2 NAAQS in the District and in 
any areas surrounding or bordering the District.\6\ Additionally, the 
District describes existing SIP-approved measures and other Federally-
enforceable source-specific measures, pursuant to permitting 
requirements under the CAA, that apply to NOX sources within 
the District. EPA finds that the District's existing SIP provisions, as 
identified in the submittal, are adequate to prevent its emission 
sources from significantly contributing to nonattainment or interfering 
with maintenance in another state with respect to the 2010 
NO2 NAAQS. In light of these measures, EPA does not expect 
NOX emissions in the District to increase significantly, and 
therefore does not expect monitors in the District and nearby states, 
all currently measuring NO2 concentrations well below the 
2010 NO2 NAAQS, to have difficulty continuing to attain or 
maintaining attainment of the NAAQS. A detailed summary of EPA's review 
and rationale for proposing approval of this SIP revision as meeting 
section 110(a)(2)(D)(i)(I) of the CAA for the 2010 NO2 ozone 
NAAQS may be found in the Technical Support Document (TSD) for this 
rulemaking action, which is available online at www.regulations.gov, 
Docket number EPA-R03-OAR-2015-0750.
---------------------------------------------------------------------------

    \6\ The District's June 6, 2014 submittal included recent air 
quality monitoring data for the states surrounding or bordering the 
District within a 50 kilometer radius, which are Maryland and 
Virginia. The 50 kilometers radius is the standard distance for 
modeling analysis in EPA's Guideline on Air Quality Models (Appendix 
W to 40 CFR part 51).
---------------------------------------------------------------------------

III. Proposed Action

    EPA is proposing to approve the portions of the District's June 6, 
2014 SIP revision addressing interstate transport for the 2010 
NO2 NAAQS for purposes of meeting section 110(a)(2)(D)(i)(I) 
requirements with respect to this NAAQS. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    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 proposed 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 proposed rule, addressing the District's 
interstate transport requirements under the CAA for the 2010 
NO2 NAAQS, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: November 23, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2015-30685 Filed 12-3-15; 8:45 am]
 BILLING CODE 6560-50-P
75845

Proposed Rules Federal Register
Vol. 80, No. 233

Friday, December 4, 2015

This section of the FEDERAL REGISTER Baltimore moderate nonattainment area DATES: Written comments must be
contains notices to the public of the proposed (Baltimore Area). On May 26, 2015 (80 received on or before January 4, 2016.
issuance of rules and regulations. The FR 29970), EPA determined that the
purpose of these notices is to give interested ADDRESSES: Submit your comments,
Baltimore Area attained the 1997 8-hour identified by Docket ID Number EPA–
persons an opportunity to participate in the ozone NAAQS, thereby suspending the
rule making prior to the adoption of the final R03–OAR–2015–0750 by one of the
area’s obligations to submit an following methods:
rules.
attainment demonstration and other
planning requirements related to A. www.regulations.gov. Follow the
attainment of the 1997 8-hour ozone on-line instructions for submitting
ENVIRONMENTAL PROTECTION comments.
AGENCY NAAQS for as long as the area continues
to attain the standard. On October 20, B. Email: Fernandez.cristina@epa.gov.
40 CFR Part 52 2015, the State of Maryland withdrew C. Mail: EPA–R03–OAR–2015–0750
the attainment demonstration (including Cristina Fernandez, Associate Director,
[EPA–R03–OAR–2008–0931; FRL–9939–29– Office of Air Program Planning,
modeling and weight of evidence), 2009
Region 3]
attainment year inventory, contingency Mailcode 3AP30, U.S. Environmental
Approval and Promulgation of Air measures for attainment, and 2009 Protection Agency, Region III, 1650
Quality Implementation Plans; transportation conformity budgets Arch Street, Philadelphia, Pennsylvania
Maryland; Attainment Demonstration contained in Maryland’s June 4, 2007 19103.
for the Baltimore 8-Hour Ozone SIP revision request. D. Hand Delivery: At the previously-
Moderate Nonattainment Area; List of Subjects in 40 CFR Part 52 listed EPA Region III address. Such
Withdrawal of Proposed Rule deliveries are only accepted during the
Environmental protection, Air Docket’s normal hours of operation, and
AGENCY: Environmental Protection pollution control, Carbon monoxide, special arrangements should be made
Agency (EPA). Incorporation by reference, Nitrogen for deliveries of boxed information.
ACTION: Withdrawal of proposed rule. dioxide, Ozone, Reporting and Instructions: Direct your comments to
recordkeeping requirements, Volatile Docket ID No. EPA–R03–OAR–2015–
SUMMARY: The EPA is withdrawing its organic compounds. 0750. EPA’s policy is that all comments
proposed rule to disapprove Maryland’s Dated: November 10, 2015. received will be included in the public
June 4, 2007 ozone attainment
Shawn M. Garvin, docket without change, and may be
demonstration for the Baltimore Area.
Regional Administrator, Region III. made available online at
This withdrawal action is being taken
[FR Doc. 2015–30100 Filed 12–3–15; 8:45 am] www.regulations.gov, including any
under section 110 of the CAA.
BILLING CODE 6560–50–P personal information provided, unless
DATES: The proposed rule published on
the comment includes information
May 8, 2009 (74 FR 21594), regarding claimed to be Confidential Business
the ozone attainment demonstration ENVIRONMENTAL PROTECTION Information (CBI) or other information
portion of Maryland’s June 4, 2007 AGENCY whose disclosure is restricted by statute.
comprehensive SIP revision request for Do not submit information that you
the Baltimore Area, is withdrawn as of 40 CFR Part 52 consider to be CBI, or otherwise
December 4, 2015. protected, through www.regulations.gov
[EPA–R03–OAR–2015–0750; FRL- 9939–65-
ADDRESSES: EPA has established docket Region 3] or email. The www.regulations.gov Web
number EPA–R03–OAR–2008–0931 for site is an ‘‘anonymous access’’ system,
this action. The index to the docket is Approval and Promulgation of Air which means EPA will not know your
available electronically at http:// Quality Implementation Plans; District identity or contact information unless
www.regulations.gov and in hard copy of Columbia; Interstate Pollution you provide it in the body of your
at Air Protection Division, U.S. Transport Requirements for the 2010 comment. If you send an email
Environmental Protection Agency, Nitrogen Dioxide Standard comment directly to EPA without going
Region III, 1650 Arch Street, through www.regulations.gov, your
Philadelphia, Pennsylvania 19103. AGENCY: Environmental Protection
Agency (EPA). email address will be automatically
FOR FURTHER INFORMATION CONTACT: captured and included as part of the
ACTION: Proposed rule.
Maria A. Pino, 215–814–2181, or by comment that is placed in the public
email at pino.maria@epa.gov. SUMMARY: The Environmental Protection docket and made available on the
SUPPLEMENTARY INFORMATION: On May 8, Agency (EPA) is proposing to approve a Internet. If you submit an electronic
2009 (74 FR 21594), EPA published a State Implementation Plan (SIP) comment, EPA recommends that you
proposed rule to disapprove the ozone revision submitted by the District of include your name and other contact
wgreen on DSK2VPTVN1PROD with PROPOSALS

attainment demonstration portion of a Columbia (the District). This revision information in the body of your
comprehensive State Implementation pertains to the infrastructure comment and with any disk or CD–ROM
Plan (SIP) revision request submitted by requirement for interstate transport you submit. If EPA cannot read your
the State of Maryland on June 4, 2007 pollution with respect to the 2010 comment due to technical difficulties
to meet the Clean Air Act (CAA) nitrogen dioxide (NO2) National and cannot contact you for clarification,
requirements for attaining the 1997 8- Ambient Air Quality Standards EPA may not be able to consider your
hour ozone National Ambient Air (NAAQS). This action is being taken comment. Electronic files should avoid
Quality Standard (NAAQS) for the under the Clean Air Act (CAA). the use of special characters, any form

VerDate Sep<11>2014 15:16 Dec 03, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1
75846 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Proposed Rules

of encryption, and be free of any defects the time throughout the country well interprets section 110(a)(1) and (2) such
or viruses. below the 2010 NO2 NAAQS, including that infrastructure SIP submissions need
Docket: All documents in the the District and nearby states. to address certain issues and need not
electronic docket are listed in the address others. Accordingly, EPA
www.regulations.gov index. Although B. EPA’s Infrastructure Requirements
reviews each infrastructure SIP
listed in the index, some information is Pursuant to section 110(a)(1), states submission for compliance with the
not publicly available, i.e., CBI or other must make infrastructure SIP applicable statutory provisions of
information whose disclosure is submissions ‘‘within 3 years (or such section 110(a)(2), as appropriate.
restricted by statute. Certain other shorter period as the Administrator may Additionally, EPA has provided in
material, such as copyrighted material, prescribe) after the promulgation of a previous rulemaking actions a detailed
is not placed on the Internet and will be national primary ambient air quality discussion of the Agency’s approach in
publicly available only in hard copy standard (or any revision thereof).’’ reviewing infrastructure SIPs, including
form. Publicly available docket Infrastructure SIP submissions should the Agency’s longstanding
materials are available in provide for the ‘‘implementation, interpretation of requirements for
www.regulations.gov or may be viewed maintenance, and enforcement’’ of such section 110(a)(1) and (2), the
during normal business hours at the Air NAAQS. The statute directly imposes interpretation that the CAA allows
Protection Division, U.S. Environmental on states the duty to make these SIP states to make multiple SIP submissions
Protection Agency, Region III, 1650 submissions, and the requirement to separately addressing infrastructure SIP
Arch Street, Philadelphia, Pennsylvania make the submissions is not elements in section 110(a)(2) for a
19103. Copies of the State submittal are conditioned upon EPA’s taking any specific NAAQS, and the interpretation
available at the District of Columbia action other than promulgating a new or that EPA has the ability to act on
Department of Energy and Environment, revised NAAQS. Section 110(a)(2) separate elements of 110(a)(2) for a
Air Quality Division, 1200 1st Street includes a list of specific elements that NAAQS in separate rulemaking
NE., 5th floor, Washington, DC 20002. ‘‘[e]ach such plan’’ submission must actions.3
FOR FURTHER INFORMATION CONTACT: address.
Historically, EPA has elected to use C. Interstate Pollution Transport
Emlyn Velez-Rosa, (215) 814–2038, or Requirements
by email at velez-rosa.emlyn@epa.gov. guidance documents to make
recommendations to states for Section 110(a)(2)(D)(i)(I) of the CAA
SUPPLEMENTARY INFORMATION: On June 6,
infrastructure SIPs, in some cases requires state SIPs to address any
2014, the District Department of Energy
conveying needed interpretations on emissions activity in one state that
and the Environment (DDOEE)
newly arising issues and in some cases contributes significantly to
submitted a SIP revision addressing the
conveying interpretations that have nonattainment, or interferes with
infrastructure requirements for the 2010 already been developed and applied to maintenance, of the NAAQS in any
NO2 NAAQS. individual SIP submissions for downwind state. EPA sometimes refers
I. Background particular elements. EPA most recently to these requirements as prong 1
issued guidance for infrastructure SIPs (significant contribution to
A. General on September 13, 2013 (2013 nonattainment) and prong 2
Whenever new or revised NAAQS are Infrastructure Guidance).1 EPA (interference with maintenance), or
promulgated, the CAA requires states to developed this document to provide conjointly as the ‘‘good neighbor’’
submit a plan for the implementation, states with up-to-date guidance for provision of the CAA. Specifically,
maintenance, and enforcement of such infrastructure SIPs for any new or section 110(a)(2)(D)(i)(I) requires the
NAAQS. The plan is required to address revised NAAQS. Within this guidance, elimination of upwind state emissions
basic program elements, including, but EPA describes the duty of states to make that significantly contribute to
not limited to, regulatory structure, infrastructure SIP submissions to meet nonattainment or interference with
monitoring, modeling, legal authority, basic structural SIP requirements within maintenance of the NAAQS in another
and adequate resources necessary to three years of promulgation of a new or state.
assure attainment and maintenance of revised NAAQS. EPA also made
the standards. These elements are II. Summary of SIP Revisions
recommendations about many specific
referred to as infrastructure subsections of section 110(a)(2) that are On June 6, 2014, the District through
requirements. relevant in the context of infrastructure DDOEE submitted a revision to its SIP
On February 9, 2010 (75 FR 6474), SIP submissions. The guidance also to satisfy the infrastructure
EPA established a new 1-hour primary discusses the substantively important requirements of section 110(a)(2) of the
NAAQS for NO2 at a level of 100 parts issues that are germane to certain CAA for the 2010 NO2 NAAQS,
per billion (ppb), based on a 3-year subsections of section 110(a)(2).2 EPA including section 110(a)(2)(D)(i)(I),
average of the 98th percentile of the pertaining to interstate transport
yearly distribution of 1-hour daily 1 ‘‘Guidance on Infrastructure State requirements. On April 13, 2015 (80 FR
maximum concentrations. See 40 CFR Implementation Plan (SIP) Elements under Clean 19538), EPA approved the District’s
50.11. NO2 is a subset, and often Air Act Sections 110(a)(1) and 110(a)(2),’’ infrastructure SIP submittal for the 2010
Memorandum from Stephen D. Page, September 13,
considered an indicator, of the broader 2013. This guidance is available online at http:// NO2 NAAQS for all applicable elements
pollutant nitrogen oxides (NOX). On www.epa.gov/oar/urbanair/sipstatus/docs/
February 17, 2012 (77 FR 9532), EPA Guidance_on_Infrastructure_SIP_Elements_ nonattainment of the NAAQS or interference with
wgreen on DSK2VPTVN1PROD with PROPOSALS

published its final designations for the Multipollutant_FINAL_Sept_2013.pdf. maintenance of the NAAQS in any other state and
2 On September 25, 2009, EPA issued ‘‘Guidance must address any such impact. This guidance is
2010 NO2 NAAQS, based upon 2008– on SIP Elements Required Under Sections 110(a)(l) available online at http://www.epa.gov/ttn/caaa/t1/
2010 design values. In this rulemaking, and (2) for the 2006 24-Hour Fine Particle (PM2.5) memoranda/20090925_harnett_pm25_sip_
EPA determined that no area in the National Ambient Air Quality Standards 110a12.pdf.
country was violating the standard, (NAAQS),’’ Memorandum from William T. Hartnett, 3 See 80 FR 2865 (January 21, 2015) (EPA’s

Director, Air Quality Policy Division. This guidance rulemaking action proposing approval of portions of
designating all the areas of the country provided that each state’s SIP submission for the the District’s infrastructure SIP submissions for the
as unclassifiable/attainment. The 2008– 2006 24-hour PM2.5 NAAQS must discuss whether 2008 ozone NAAQS and the 2010 NO2 and sulfur
2010 design values reflect conditions at emissions from the state significantly contribute to dioxide (SO2) NAAQS).

VerDate Sep<11>2014 15:16 Dec 03, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1
Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Proposed Rules 75847

of section 110(a)(2) with the exception III. Proposed Action health or environmental effects, using
of 110(a)(2)(D)(i)(I).4 This rulemaking EPA is proposing to approve the practicable and legally permissible
action is addressing the portions of the portions of the District’s June 6, 2014 methods, under Executive Order 12898
District’s infrastructure submittal for the SIP revision addressing interstate (59 FR 7629, February 16, 1994).
2010 NO2 NAAQS that pertain to In addition, this proposed rule,
transport for the 2010 NO2 NAAQS for
transport requirements.5 addressing the District’s interstate
purposes of meeting section
The District’s June 6, 2014 transport transport requirements under the CAA
110(a)(2)(D)(i)(I) requirements with
submittal includes emissions inventory for the 2010 NO2 NAAQS, does not have
respect to this NAAQS. EPA is soliciting
tribal implications as specified by
and air quality data that concludes that public comments on the issues
discussed in this document. These Executive Order 13175 (65 FR 67249,
the District does not have sources that
comments will be considered before November 9, 2000), because the SIP is
can contribute to nonattainment in, or
taking final action. not approved to apply in Indian country
interfere with maintenance by, any
located in the state, and EPA notes that
other state with respect to the 2010 NO2
IV. Statutory and Executive Order it will not impose substantial direct
NAAQS. Currently available air quality Reviews costs on tribal governments or preempt
monitoring data included in the
Under the CAA, the Administrator is tribal law.
submittal confirms that NO2 levels
continue to be well below the 2010 NO2 required to approve a SIP submission List of Subjects in 40 CFR Part 52
NAAQS in the District and in any areas that complies with the provisions of the
Environmental protection, Air
surrounding or bordering the District.6 CAA and applicable Federal regulations.
pollution control, Incorporation by
Additionally, the District describes 42 U.S.C. 7410(k); 40 CFR 52.02(a).
reference, Intergovernmental relations,
existing SIP-approved measures and Thus, in reviewing SIP submissions,
Nitrogen dioxide.
other Federally-enforceable source- EPA’s role is to approve state choices,
provided that they meet the criteria of Authority: 42 U.S.C. 7401 et seq.
specific measures, pursuant to
permitting requirements under the CAA, the CAA. Accordingly, this action Dated: November 23, 2015.
that apply to NOX sources within the merely approves state law as meeting Shawn M. Garvin,
District. EPA finds that the District’s Federal requirements and does not Regional Administrator, Region III.
existing SIP provisions, as identified in impose additional requirements beyond [FR Doc. 2015–30685 Filed 12–3–15; 8:45 am]
the submittal, are adequate to prevent those imposed by state law. For that
BILLING CODE 6560–50–P
its emission sources from significantly reason, this proposed action:
contributing to nonattainment or • Is not a ‘‘significant regulatory
interfering with maintenance in another action’’ subject to review by the Office
of Management and Budget under LEGAL SERVICES CORPORATION
state with respect to the 2010 NO2
NAAQS. In light of these measures, EPA Executive Order 12866 (58 FR 51735, 45 CFR Parts 1604, 1609, 1611, 1614,
does not expect NOX emissions in the October 4, 1993); 1626, and 1635
District to increase significantly, and • does not impose an information
therefore does not expect monitors in collection burden under the provisions Outside Practice of Law; Fee-
the District and nearby states, all of the Paperwork Reduction Act (44 Generating Cases; Financial Eligibility;
currently measuring NO2 concentrations U.S.C. 3501 et seq.); Private Attorney Involvement;
well below the 2010 NO2 NAAQS, to • is certified as not having a Restrictions on Legal Assistance to
have difficulty continuing to attain or significant economic impact on a Aliens; Timekeeping Requirement
maintaining attainment of the NAAQS. substantial number of small entities
under the Regulatory Flexibility Act (5 AGENCY: Legal Services Corporation.
A detailed summary of EPA’s review
and rationale for proposing approval of U.S.C. 601 et seq.); ACTION: Notice of proposed changes and
this SIP revision as meeting section • does not contain any unfunded request for comments.
110(a)(2)(D)(i)(I) of the CAA for the 2010 mandate or significantly or uniquely
affect small governments, as described SUMMARY: The Legal Services
NO2 ozone NAAQS may be found in the Corporation (‘‘LSC’’) Office of Inspector
Technical Support Document (TSD) for in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4); General (‘‘OIG’’) intends to revise the
this rulemaking action, which is Compliance Supplement for Audits of
available online at www.regulations.gov, • does not have Federalism
implications as specified in Executive LSC Recipients for the fiscal year ending
Docket number EPA–R03–OAR–2015– December 31, 2015, and thereafter and
0750. Order 13132 (64 FR 43255, August 10,
1999); is soliciting public comment on the
• is not an economically significant proposed changes. The proposed
4 In this final rulemaking action, EPA also
regulatory action based on health or revisions primarily affect certain
approved the District’s infrastructure SIPs for the
2008 ozone and 2010 SO2 NAAQS with the safety risks subject to Executive Order regulatory requirements to be audited
exception of the transport elements in 13045 (62 FR 19885, April 23, 1997); pursuant to LSC regulations. In
110(a)(2)(D)(i)(I).
• is not a significant regulatory action addition, the LSC OIG is proposing to
5 For EPA’s explanation of its ability to act on
subject to Executive Order 13211 (66 FR include for audit certain regulatory
discrete elements of section 110(a)(2), see EPA’s
proposed rulemaking action regarding approval of 28355, May 22, 2001); requirements which impact recipient
portions of the District’s infrastructure SIP • is not subject to requirements of staff’s involvement in the outside
practice of law. Finally, suggested audit
wgreen on DSK2VPTVN1PROD with PROPOSALS

submissions for the 2008 ozone NAAQS and the Section 12(d) of the National
2010 NO2 and SO2 NAAQS; 80 FR 2865 (January procedures for several regulations have
21, 2015). Technology Transfer and Advancement
6 The District’s June 6, 2014 submittal included Act of 1995 (15 U.S.C. 272 note) because been updated and revised for
recent air quality monitoring data for the states application of those requirements would clarification and simplification
surrounding or bordering the District within a 50 be inconsistent with the CAA; and purposes.
kilometer radius, which are Maryland and Virginia.
The 50 kilometers radius is the standard distance
• does not provide EPA with the DATES: All comments and
for modeling analysis in EPA’s Guideline on Air discretionary authority to address, as recommendations must be received by
Quality Models (Appendix W to 40 CFR part 51). appropriate, disproportionate human January 4, 2016.

VerDate Sep<11>2014 15:16 Dec 03, 2015 Jkt 238001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1
Document Created: 2015-12-14 13:52:54
Document Modified: 2015-12-14 13:52:54
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before January 4, 2016.
Contact		Emlyn Velez-Rosa, (215) 814-2038, or by email at [email protected]
FR Citation		80 FR 75845
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Nitrogen Dioxide