81_FR_54662 81 FR 54504 - Air Plan Approval; DC; Infrastructure Requirements for the 2012 PM2.5

81 FR 54504 - Air Plan Approval; DC; Infrastructure Requirements for the 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 158 (August 16, 2016)

Page Range54504-54506
FR Document2016-19390

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the District of Columbia (the District) state implementation plan (SIP). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the Clean Air Act (CAA) requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The District has made a submittal addressing the infrastructure requirements for the 2012 annual fine particulate matter (PM<INF>2.5</INF>) NAAQS. EPA is approving these revisions addressing the infrastructure requirements for the 2012 PM<INF>2.5</INF> NAAQS in accordance with the requirements of the CAA.

Federal Register, Volume 81 Issue 158 (Tuesday, August 16, 2016)
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54504-54506]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19390]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0350; FRL-9950-73-Region 3]


Air Plan Approval; DC; Infrastructure Requirements for the 2012 
PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the District of Columbia (the 
District) state implementation plan (SIP). Whenever new or revised 
national ambient air quality standards (NAAQS) are promulgated, the 
Clean Air Act (CAA) requires states to submit a plan for the 
implementation, maintenance, and enforcement of such NAAQS. The plan is 
required to address basic program elements including, but not limited 
to, regulatory structure, monitoring, modeling, legal authority, and 
adequate resources necessary to assure attainment and maintenance of 
the standards. These elements are referred to as infrastructure 
requirements. The District has made a submittal addressing the 
infrastructure requirements for the 2012 annual fine particulate matter 
(PM2.5) NAAQS. EPA is approving these revisions addressing 
the infrastructure requirements for the 2012 PM2.5 NAAQS in 
accordance with the requirements of the CAA.

DATES: This rule is effective on October 17, 2016 without further 
notice, unless EPA receives adverse written comment by September 15, 
2016. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0350 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

    On December 28, 2015, the District submitted a formal SIP revision 
to its SIP. The District's SIP revision submittal addresses the 
following infrastructure elements for the implementation of the 2012 
annual PM2.5 NAAQS: section 110(a)(2)(A), (B), (C), 
(D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and 
(M) of the CAA. The infrastructure SIP submittal does not address 
section 110(a)(2)(I) which pertains to the nonattainment requirements 
of part D, title I of the CAA, since this element is not required to be 
submitted by the 3-year submission deadline of CAA section 110(a)(1), 
and will be addressed in a separate process.

II. Summary of EPA's Rationale for Proposing Approval

    In accordance with 40 CFR part 51, appendix V, EPA found that the 
District's December 28, 2015 infrastructure SIP submittal is 
technically incomplete for the portions addressing the infrastructure 
elements in section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) relating 
to the permitting program for prevention of significant deterioration 
(PSD), because the District has not adequately addressed the 
requirements of part C of title I of the CAA for having a SIP approved 
PSD permit program. EPA found the remainder of the SIP submittal to be 
administratively and technically complete. On May 11, 2016, EPA sent a 
letter to the District Department of Environment and Energy (DDOEE) 
notifying the District of this determination.
    As a result of this incompleteness finding, EPA is not taking 
rulemaking action on the PSD related portions of section 110(a)(2)(C), 
(D)(i)(II), (D)(ii), and (J) for the 2012 annual PM2.5 
NAAQS, until the District through DDOEE submits a SIP to address the 
PSD permit program requirements of part C of title I of the CAA. EPA 
recognizes, however, that the District is

[[Page 54505]]

already subject to a Federal Implementation Plan (FIP) containing the 
federal PSD program to correct the SIP deficiency and that DDOEE would 
not have to take further action for the FIP based permitting process to 
continue operating, as incorporated by reference in the District SIP in 
40 CFR 52.499.\1\ EPA's PSD FIP for the District consists of the 
implementation of the federal PSD provisions as codified in 40 CFR 
51.21, with the exception of paragraph (a)(1).
---------------------------------------------------------------------------

    \1\ On August 7, 1980 (45 FR 52676, at 52741), EPA disapproved a 
number of states SIPs for PSD purposes, including the District of 
Columbia, and incorporated by reference portions of the federal PSD 
provisions in 40 CFR 52.21 into the implementation plans for those 
states. This FIP was subsequently amended to reflect amendments to 
the federal PSD rule, on March 10, 2003 (68 FR 11316, at 11322) and 
December 24, 2003 (68 FR 74483, at 74488). The PSD FIP is 
incorporated by reference in the District SIP in 40 CFR 52.499.
---------------------------------------------------------------------------

    EPA does not anticipate any adverse consequences to DDOEE as a 
result of this incompleteness finding for the PSD related portions of 
section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for the District's 
2012 annual PM2.5 infrastructure SIP revision. First, 
mandatory sanctions would not apply to the District under CAA section 
179 because the failure to submit a PSD SIP is neither required under 
title I part D of the CAA, nor in response to a SIP call under section 
110(k)(5) of the CAA. Second, EPA is not subject to any further FIP 
duty from our finding of incompleteness because of the PSD FIP that is 
already been approved, which addresses the SIP deficiency.
    EPA finds that the remainder of the District's December 28, 2015 
infrastructure submittal provides the basic program elements specified 
in section 110(a)(2) of the CAA necessary to implement, maintain, and 
enforce the 2012 annual PM2.5 NAAQS. A detailed summary of 
EPA's review and rationale for approving the District's infrastructure 
SIP submittal for the 2012 annual PM2.5 NAAQS may be found 
in the technical support document (TSD) for this rulemaking action 
which is available on line at www.regulations.gov, Docket ID Number 
EPA-R03-OAR-2016-0350.

III. Final Action

    EPA is approving the District's December 28, 2015 infrastructure 
submittal for the 2012 annual PM2.5 NAAQS as meeting the 
requirements of section 110(a)(2) of the CAA, including specifically 
section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M) for this NAAQS, with the 
exception of the requirements related to the PSD permitting program of 
part C, title I of the CAA in section 110(a)(2)(C), (D)(i)(II), 
(D)(ii), and (J). This rulemaking does not include action on section 
110(a)(2)(I) which pertains to the nonattainment planning requirements 
of part D, title I of the CAA, because this element is not required to 
be submitted by the 3-year submission deadline of section 110(a)(1) of 
the CAA, and will be addressed in a separate process where necessary 
and applicable. EPA is publishing this rule without prior proposal 
because EPA views this as a noncontroversial amendment and anticipates 
no adverse comment. However, in the ``Proposed Rules'' section of 
today's Federal Register, EPA is publishing a separate document that 
will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective on October 17, 2016 
without further notice unless EPA receives adverse comment by September 
15, 2016. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 17, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the

[[Page 54506]]

purposes of judicial review nor does it extend the time within which a 
petition for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. Parties with objections to this 
direct final rule are encouraged to file a comment in response to the 
parallel notice of proposed rulemaking for this action published in the 
proposed rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking action. This action which satisfies certain 
infrastructure requirements of section 110(a)(2) of the CAA for the 
2012 annual PM2.5 NAAQS for the District may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: August 4, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart J--District of Columbia

    In Sec.  52.470, the table in paragraph (e) is amended by adding an 
entry for Section 110(a)(2) Infrastructure Requirements for the 2012 
PM2.5 NAAQS to read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable           State
            revision               geographic area   submittal date   EPA Approval date   Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2)                District of               12/28/15  8/16/16, [Insert    This action addresses
 Infrastructure Requirements      Columbia.                           Federal Register    the following CAA
 for the 2012 PM2.5 NAAQS.                                            citation].          elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D)(i)(I),
                                                                                          D(i)(II), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M). PSD
                                                                                          related portions are
                                                                                          addressed by FIP in 40
                                                                                          CFR 52.499.
 
                                                  * * * * * * *
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[FR Doc. 2016-19390 Filed 8-15-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  54504             Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations

                                                                                               EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS
                                                                                          Applicable
                                                        Name of                         geographic or                  State submittal
                                                      non-regulatory                                                                              EPA Approval date                          Explanation
                                                                                        nonattainment                       date
                                                       SIP revision                         area


                                                            *                     *                             *                           *                     *                      *                      *
                                                  (45) Sections              Statewide ............................               3/21/08   8/16/16 [Insert Federal         This action addresses the following CAA
                                                    110(a)(1) and (2)                                                                         Register citation].             elements:      110(a)(2)(A),     (B),   (C),
                                                    Infrastructure Re-                                                                                                        (D)(i)(II), prong 3, (E), (F), (G), (H), (J),
                                                    quirements 1997                                                                                                           (K), (L), and (M). 110(a)(2)(I) is not ap-
                                                    PM2.5 NAAQS.                                                                                                              plicable.
                                                  (46) Sections              Statewide ............................               7/23/13     8/16/16 [Insert Federal       This action addresses the following CAA
                                                    110(a)(1) and (2)                                                                           Register citation].           elements:      110(a)(2)(A),     (B),   (C),
                                                    Infrastructure Re-                                                                                                        (D)(i)(II), prong 3, (E), (F), (G), (H), (J),
                                                    quirements 2006                                                                                                           (K), (L), and (M). 110(a)(2)(I) is not ap-
                                                    PM2.5 NAAQS.                                                                                                              plicable.



                                                  [FR Doc. 2016–19386 Filed 8–15–16; 8:45 am]                such comments, it will publish a timely                    submittal addresses the following
                                                  BILLING CODE 6560–50–P                                     withdrawal of the direct final rule in the                 infrastructure elements for the
                                                                                                             Federal Register and inform the public                     implementation of the 2012 annual
                                                                                                             that the rule will not take effect.                        PM2.5 NAAQS: section 110(a)(2)(A), (B),
                                                  ENVIRONMENTAL PROTECTION                                   ADDRESSES: Submit your comments,                           (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F),
                                                  AGENCY                                                     identified by Docket ID No. EPA–R03–                       (G), (H), (J), (K), (L), and (M) of the CAA.
                                                                                                             OAR–2016–0350 at http://                                   The infrastructure SIP submittal does
                                                  40 CFR Part 52                                             www.regulations.gov, or via email to                       not address section 110(a)(2)(I) which
                                                  [EPA–R03–OAR–2016–0350; FRL–9950–73–                       Fernandez.cristina@epa.gov. For                            pertains to the nonattainment
                                                  Region 3]                                                  comments submitted at Regulations.gov,                     requirements of part D, title I of the
                                                                                                             follow the online instructions for                         CAA, since this element is not required
                                                  Air Plan Approval; DC; Infrastructure                      submitting comments. Once submitted,                       to be submitted by the 3-year
                                                  Requirements for the 2012 PM2.5                            comments cannot be edited or removed                       submission deadline of CAA section
                                                  NAAQS                                                      from Regulations.gov. For either manner                    110(a)(1), and will be addressed in a
                                                  AGENCY: Environmental Protection                           of submission, the EPA may publish any                     separate process.
                                                  Agency (EPA).                                              comment received to its public docket.
                                                                                                                                                                        II. Summary of EPA’s Rationale for
                                                  ACTION: Direct final rule.
                                                                                                             Do not submit electronically any
                                                                                                                                                                        Proposing Approval
                                                                                                             information you consider to be
                                                  SUMMARY:    The Environmental Protection                   confidential business information (CBI)                       In accordance with 40 CFR part 51,
                                                  Agency (EPA) is taking direct final                        or other information whose disclosure is                   appendix V, EPA found that the
                                                  action to approve a revision to the                        restricted by statute. Multimedia                          District’s December 28, 2015
                                                  District of Columbia (the District) state                  submissions (audio, video, etc.) must be                   infrastructure SIP submittal is
                                                  implementation plan (SIP). Whenever                        accompanied by a written comment.                          technically incomplete for the portions
                                                  new or revised national ambient air                        The written comment is considered the                      addressing the infrastructure elements
                                                  quality standards (NAAQS) are                              official comment and should include                        in section 110(a)(2)(C), (D)(i)(II), (D)(ii),
                                                  promulgated, the Clean Air Act (CAA)                       discussion of all points you wish to                       and (J) relating to the permitting
                                                  requires states to submit a plan for the                   make. The EPA will generally not                           program for prevention of significant
                                                  implementation, maintenance, and                           consider comments or comment                               deterioration (PSD), because the District
                                                  enforcement of such NAAQS. The plan                        contents located outside of the primary                    has not adequately addressed the
                                                  is required to address basic program                       submission (i.e. on the web, cloud, or                     requirements of part C of title I of the
                                                  elements including, but not limited to,                    other file sharing system). For                            CAA for having a SIP approved PSD
                                                  regulatory structure, monitoring,                          additional submission methods, please                      permit program. EPA found the
                                                  modeling, legal authority, and adequate                    contact the person identified in the FOR                   remainder of the SIP submittal to be
                                                  resources necessary to assure attainment                   FURTHER INFORMATION CONTACT section.                       administratively and technically
                                                  and maintenance of the standards.                          For the full EPA public comment policy,                    complete. On May 11, 2016, EPA sent a
                                                  These elements are referred to as                          information about CBI or multimedia                        letter to the District Department of
                                                  infrastructure requirements. The District                  submissions, and general guidance on                       Environment and Energy (DDOEE)
                                                  has made a submittal addressing the                        making effective comments, please visit                    notifying the District of this
                                                  infrastructure requirements for the 2012                   http://www2.epa.gov/dockets/                               determination.
                                                  annual fine particulate matter (PM2.5)                     commenting-epa-dockets.                                       As a result of this incompleteness
                                                  NAAQS. EPA is approving these                              FOR FURTHER INFORMATION CONTACT:                           finding, EPA is not taking rulemaking
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  revisions addressing the infrastructure                    Ruth Knapp, (215) 814–2191, or by                          action on the PSD related portions of
                                                  requirements for the 2012 PM2.5 NAAQS                      email at knapp.ruth@epa.gov.                               section 110(a)(2)(C), (D)(i)(II), (D)(ii),
                                                  in accordance with the requirements of                     SUPPLEMENTARY INFORMATION:                                 and (J) for the 2012 annual PM2.5
                                                  the CAA.                                                                                                              NAAQS, until the District through
                                                  DATES: This rule is effective on October                   I. Summary of SIP Revision                                 DDOEE submits a SIP to address the
                                                  17, 2016 without further notice, unless                       On December 28, 2015, the District                      PSD permit program requirements of
                                                  EPA receives adverse written comment                       submitted a formal SIP revision to its                     part C of title I of the CAA. EPA
                                                  by September 15, 2016. If EPA receives                     SIP. The District’s SIP revision                           recognizes, however, that the District is


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                                                                    Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations                                         54505

                                                  already subject to a Federal                            permitting program of part C, title I of              of the Paperwork Reduction Act (44
                                                  Implementation Plan (FIP) containing                    the CAA in section 110(a)(2)(C),                      U.S.C. 3501 et seq.);
                                                  the federal PSD program to correct the                  (D)(i)(II), (D)(ii), and (J). This rulemaking            • is certified as not having a
                                                  SIP deficiency and that DDOEE would                     does not include action on section                    significant economic impact on a
                                                  not have to take further action for the                 110(a)(2)(I) which pertains to the                    substantial number of small entities
                                                  FIP based permitting process to                         nonattainment planning requirements of                under the Regulatory Flexibility Act (5
                                                  continue operating, as incorporated by                  part D, title I of the CAA, because this              U.S.C. 601 et seq.);
                                                  reference in the District SIP in 40 CFR                 element is not required to be submitted                  • does not contain any unfunded
                                                  52.499.1 EPA’s PSD FIP for the District                 by the 3-year submission deadline of                  mandate or significantly or uniquely
                                                  consists of the implementation of the                   section 110(a)(1) of the CAA, and will                affect small governments, as described
                                                  federal PSD provisions as codified in 40                be addressed in a separate process                    in the Unfunded Mandates Reform Act
                                                  CFR 51.21, with the exception of                        where necessary and applicable. EPA is                of 1995 (Pub. L. 104–4);
                                                  paragraph (a)(1).                                       publishing this rule without prior                       • does not have federalism
                                                    EPA does not anticipate any adverse                   proposal because EPA views this as a                  implications as specified in Executive
                                                  consequences to DDOEE as a result of                    noncontroversial amendment and                        Order 13132 (64 FR 43255, August 10,
                                                  this incompleteness finding for the PSD                 anticipates no adverse comment.                       1999);
                                                  related portions of section 110(a)(2)(C),               However, in the ‘‘Proposed Rules’’                       • is not an economically significant
                                                  (D)(i)(II), (D)(ii), and (J) for the District’s         section of today’s Federal Register, EPA              regulatory action based on health or
                                                  2012 annual PM2.5 infrastructure SIP                    is publishing a separate document that                safety risks subject to Executive Order
                                                  revision. First, mandatory sanctions                    will serve as the proposal to approve the             13045 (62 FR 19885, April 23, 1997);
                                                  would not apply to the District under                   SIP revision if adverse comments are                     • is not a significant regulatory action
                                                  CAA section 179 because the failure to                  filed. This rule will be effective on                 subject to Executive Order 13211 (66 FR
                                                  submit a PSD SIP is neither required                    October 17, 2016 without further notice               28355, May 22, 2001);
                                                  under title I part D of the CAA, nor in                 unless EPA receives adverse comment                      • is not subject to requirements of
                                                  response to a SIP call under section                    by September 15, 2016. If EPA receives                Section 12(d) of the National
                                                  110(k)(5) of the CAA. Second, EPA is                    adverse comment, EPA will publish a                   Technology Transfer and Advancement
                                                  not subject to any further FIP duty from                timely withdrawal in the Federal                      Act of 1995 (15 U.S.C. 272 note) because
                                                  our finding of incompleteness because                   Register informing the public that the                application of those requirements would
                                                  of the PSD FIP that is already been                     rule will not take effect. EPA will                   be inconsistent with the CAA; and
                                                  approved, which addresses the SIP                                                                                • does not provide EPA with the
                                                                                                          address all public comments in a
                                                  deficiency.                                                                                                   discretionary authority to address, as
                                                                                                          subsequent final rule based on the
                                                    EPA finds that the remainder of the                                                                         appropriate, disproportionate human
                                                                                                          proposed rule. EPA will not institute a
                                                  District’s December 28, 2015                                                                                  health or environmental effects, using
                                                                                                          second comment period on this action.
                                                  infrastructure submittal provides the                                                                         practicable and legally permissible
                                                                                                          Any parties interested in commenting
                                                  basic program elements specified in                                                                           methods, under Executive Order 12898
                                                                                                          must do so at this time. Please note that
                                                  section 110(a)(2) of the CAA necessary                                                                        (59 FR 7629, February 16, 1994).
                                                                                                          if EPA receives adverse comment on an
                                                  to implement, maintain, and enforce the
                                                                                                          amendment, paragraph, or section of                   B. Submission to Congress and the
                                                  2012 annual PM2.5 NAAQS. A detailed
                                                                                                          this rule and if that provision may be                Comptroller General
                                                  summary of EPA’s review and rationale
                                                                                                          severed from the remainder of the rule,                  The Congressional Review Act, 5
                                                  for approving the District’s
                                                                                                          EPA may adopt as final those provisions               U.S.C. 801 et seq., as added by the Small
                                                  infrastructure SIP submittal for the 2012
                                                                                                          of the rule that are not the subject of an            Business Regulatory Enforcement
                                                  annual PM2.5 NAAQS may be found in
                                                                                                          adverse comment.                                      Fairness Act of 1996, generally provides
                                                  the technical support document (TSD)
                                                  for this rulemaking action which is                     IV. Statutory and Executive Order                     that before a rule may take effect, the
                                                  available on line at                                    Reviews                                               agency promulgating the rule must
                                                  www.regulations.gov, Docket ID Number                                                                         submit a rule report, which includes a
                                                                                                          A. General Requirements                               copy of the rule, to each House of the
                                                  EPA–R03–OAR–2016–0350.
                                                                                                            Under the CAA, the Administrator is                 Congress and to the Comptroller General
                                                  III. Final Action                                       required to approve a SIP submission                  of the United States. EPA will submit a
                                                     EPA is approving the District’s                      that complies with the provisions of the              report containing this action and other
                                                  December 28, 2015 infrastructure                        CAA and applicable Federal regulations.               required information to the U.S. Senate,
                                                  submittal for the 2012 annual PM2.5                     42 U.S.C. 7410(k); 40 CFR 52.02(a).                   the U.S. House of Representatives, and
                                                  NAAQS as meeting the requirements of                    Thus, in reviewing SIP submissions,                   the Comptroller General of the United
                                                  section 110(a)(2) of the CAA, including                 EPA’s role is to approve state choices,               States prior to publication of the rule in
                                                  specifically section 110(a)(2)(A), (B), (C),            provided that they meet the criteria of               the Federal Register. A major rule
                                                  (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G),          the CAA. Accordingly, this action                     cannot take effect until 60 days after it
                                                  (H), (J), (K), (L), and (M) for this                    merely approves state law as meeting                  is published in the Federal Register.
                                                  NAAQS, with the exception of the                        federal requirements and does not                     This action is not a ‘‘major rule’’ as
                                                  requirements related to the PSD                         impose additional requirements beyond                 defined by 5 U.S.C. 804(2).
                                                                                                          those imposed by state law. For that
                                                                                                                                                                C. Petitions for Judicial Review
                                                     1 On August 7, 1980 (45 FR 52676, at 52741), EPA
                                                                                                          reason, this action:
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                                                  disapproved a number of states SIPs for PSD               • Is not a ‘‘significant regulatory                    Under section 307(b)(1) of the CAA,
                                                  purposes, including the District of Columbia, and
                                                  incorporated by reference portions of the federal       action’’ subject to review by the Office              petitions for judicial review of this
                                                  PSD provisions in 40 CFR 52.21 into the                 of Management and Budget under                        action must be filed in the United States
                                                  implementation plans for those states. This FIP was     Executive Orders 12866 (58 FR 51735,                  Court of Appeals for the appropriate
                                                  subsequently amended to reflect amendments to the       October 4, 1993) and 13563 (76 FR 3821,               circuit by October 17, 2016. Filing a
                                                  federal PSD rule, on March 10, 2003 (68 FR 11316,
                                                  at 11322) and December 24, 2003 (68 FR 74483, at        January 21, 2011);                                    petition for reconsideration by the
                                                  74488). The PSD FIP is incorporated by reference          • does not impose an information                    Administrator of this final rule does not
                                                  in the District SIP in 40 CFR 52.499.                   collection burden under the provisions                affect the finality of this action for the


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                                                  54506             Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations

                                                  purposes of judicial review nor does it                 CAA for the 2012 annual PM2.5 NAAQS                   PART 52—APPROVAL AND
                                                  extend the time within which a petition                 for the District may not be challenged                PROMULGATION OF
                                                  for judicial review may be filed, and                   later in proceedings to enforce its                   IMPLEMENTATION PLANS
                                                  shall not postpone the effectiveness of                 requirements. (See section 307(b)(2).)
                                                  such rule or action. Parties with                                                                             ■ 1. The authority citation for part 52
                                                  objections to this direct final rule are                List of Subjects in 40 CFR Part 52                    continues to read as follows:
                                                  encouraged to file a comment in                           Environmental protection, Air                           Authority: 42 U.S.C. 7401 et seq.
                                                  response to the parallel notice of                      pollution control, Incorporation by
                                                  proposed rulemaking for this action                                                                           Subpart J—District of Columbia
                                                                                                          reference, Particulate matter, Reporting
                                                  published in the proposed rules section                 and recordkeeping requirements.                          In § 52.470, the table in paragraph (e)
                                                  of today’s Federal Register, rather than                                                                      is amended by adding an entry for
                                                  file an immediate petition for judicial                   Dated: August 4, 2016.
                                                                                                                                                                Section 110(a)(2) Infrastructure
                                                  review of this direct final rule, so that               Shawn M. Garvin,
                                                                                                                                                                Requirements for the 2012 PM2.5
                                                  EPA can withdraw this direct final rule                 Regional Administrator, Region III.                   NAAQS to read as follows:
                                                  and address the comment in the
                                                  proposed rulemaking action. This action                   40 CFR part 52 is amended as follows:               § 52.470    Identification of plan.
                                                  which satisfies certain infrastructure                                                                        *       *    *        *     *
                                                  requirements of section 110(a)(2) of the                                                                          (e) * * *

                                                   Name of non-regulatory        Applicable geographic          State submittal        EPA Approval date                     Additional explanation
                                                       SIP revision                      area                        date


                                                            *                      *                      *                        *                     *                       *                     *
                                                  Section 110(a)(2) Infra-      District of Columbia .....            12/28/15    8/16/16, [Insert Federal     This action addresses the following CAA ele-
                                                    structure Require-                                                               Register citation].         ments: 110(a)(2)(A), (B), (C), (D)(i)(I), D(i)(II),
                                                    ments for the 2012                                                                                           (E), (F), (G), (H), (J), (K), (L), and (M). PSD
                                                    PM2.5 NAAQS.                                                                                                 related portions are addressed by FIP in 40
                                                                                                                                                                 CFR 52.499.

                                                            *                       *                       *                      *                       *                      *                     *



                                                  [FR Doc. 2016–19390 Filed 8–15–16; 8:45 am]             reasonably available control technology               discussion of all points you wish to
                                                  BILLING CODE 6560–50–P                                  (RACT) determinations required under                  make. The EPA will generally not
                                                                                                          the 2008 8-hour ozone NAAQS. EPA is                   consider comments or comment
                                                                                                          approving this revision to the Virginia               contents located outside of the primary
                                                  ENVIRONMENTAL PROTECTION                                SIP in accordance with the requirements               submission (i.e. on the web, cloud, or
                                                  AGENCY                                                  of the Clean Air Act (CAA).                           other file sharing system). For
                                                                                                                                                                additional submission methods, please
                                                  40 CFR Part 52                                          DATES:  This rule is effective on October
                                                                                                                                                                contact the person identified in the FOR
                                                                                                          17, 2016 without further notice, unless
                                                  [EPA–R03–OAR–2016–0210; FRL–9950–71–                                                                          FURTHER INFORMATION CONTACT section.
                                                                                                          EPA receives adverse written comment
                                                  Region 3]                                                                                                     For the full EPA public comment policy,
                                                                                                          by September 15, 2016. If EPA receives
                                                                                                                                                                information about CBI or multimedia
                                                  Approval and Promulgation of Air                        such comments, it will publish a timely
                                                                                                                                                                submissions, and general guidance on
                                                  Quality Implementation Plans; Virginia;                 withdrawal of the direct final rule in the
                                                                                                                                                                making effective comments, please visit
                                                  Case-by-Case Reasonably Available                       Federal Register and inform the public
                                                                                                                                                                http://www2.epa.gov/dockets/
                                                  Control Technology for the 2008 8-                      that the rule will not take effect.
                                                                                                                                                                commenting-epa-dockets.
                                                  Hour Ozone National Ambient Air                         ADDRESSES:   Submit your comments,                    FOR FURTHER INFORMATION CONTACT:
                                                  Quality Standard (NAAQS)                                identified by Docket ID No. EPA–R03–                  Leslie Jones Doherty, (215) 814–3409, or
                                                  AGENCY: Environmental Protection                        OAR–2016–0210 at http://                              by email at jones.leslie@epa.gov.
                                                  Agency (EPA).                                           www.regulations.gov, or via email to                  SUPPLEMENTARY INFORMATION:
                                                                                                          fernandez.cristina@epa.gov. For
                                                  ACTION: Direct final rule.                                                                                    I. Background
                                                                                                          comments submitted at Regulations.gov,
                                                  SUMMARY:   The Environmental Protection                 follow the online instructions for                       On February 5, 2016, the
                                                  Agency (EPA) is taking direct final                     submitting comments. Once submitted,                  Commonwealth of Virginia, through the
                                                  action to approve a revision to the                     comments cannot be edited or removed                  Virginia Department of Environmental
                                                  Commonwealth of Virginia’s state                        from Regulations.gov. For either manner               Quality (VADEQ), submitted a formal
                                                  implementation plan (SIP). The SIP                      of submission, the EPA may publish any                revision to the Virginia SIP. The SIP
                                                  revision includes revised Virginia                      comment received to its public docket.                revision submittal includes revised
                                                  regulations which incorporate                           Do not submit electronically any                      provisions within 9VAC5 Chapter 40,
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                                                  compliance dates necessary for                          information you consider to be                        Existing Stationary Sources, to include
                                                  implementing planning requirements                      confidential business information (CBI)               revised notification and compliance
                                                  for the 2008 8-hour ozone national                      or other information whose disclosure is              dates for sources subject to RACT for the
                                                  ambient air quality standard (NAAQS).                   restricted by statute. Multimedia                     2008 8-hour ozone NAAQS to submit a
                                                  Specifically, the SIP revision includes                 submissions (audio, video, etc.) must be              case-by-case RACT demonstration to
                                                  revised Virginia regulations which                      accompanied by a written comment.                     VADEQ.
                                                  added notification and compliance                       The written comment is considered the                    On March 27, 2008, EPA revised the
                                                  dates for sources seeking case-by-case                  official comment and should include                   8-hour ozone standard to a new 0.075


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Document Created: 2016-08-16 03:20:41
Document Modified: 2016-08-16 03:20:41
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
ActionDirect final rule.
DatesThis rule is effective on October 17, 2016 without further notice, unless EPA receives adverse written comment by September 15, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
ContactRuth Knapp, (215) 814-2191, or by email at [email protected]
FR Citation81 FR 54504 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements

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