81_FR_70216 81 FR 70020 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Revision of Regulations for Sulfur Content of Fuel Oil

81 FR 70020 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Revision of Regulations for Sulfur Content of Fuel Oil

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 196 (October 11, 2016)

Page Range70020-70023
FR Document2016-24372

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the District of Columbia state implementation plan (SIP). The revision pertains to the update of the District of Columbia Municipal Regulations (DCMR) to lower the sulfur content of fuel oil. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 196 (Tuesday, October 11, 2016)
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Rules and Regulations]
[Pages 70020-70023]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24372]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0199; FRL-9953-74-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Revision of Regulations for Sulfur Content of 
Fuel Oil

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 revisions to the District of Columbia state 
implementation plan (SIP). The revision pertains to the update of the 
District of Columbia Municipal Regulations (DCMR) to lower the sulfur 
content of fuel oil. This action is being taken under the Clean Air Act 
(CAA).

DATES: This rule is effective on December 12, 2016 without further 
notice, unless EPA receives adverse written comment by November 10, 
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-2016-0199 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, 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. 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

[[Page 70021]]

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: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On January 20, 2016, the District of 
Columbia (the District) through the District of Columbia Department of 
Energy and Environment submitted a revision to the District's SIP. The 
SIP revision consists of revisions to the DCMR for sulfur content of 
fuel oil which is used for combustion. The revisions to the DCMR reduce 
the sulfur content of fuel oil that can be combusted within the 
District and prohibit the combustion of certain higher sulfur content 
fuel oils.

I. Background

    The combustion of fuel oil which contains sulfur leads to emissions 
of fine particulate matter (PM2.5) and sulfur dioxide 
(SO2), which is a precursor to PM2.5. In 
addition, SO2 oxidizes to form sulfates, which are one of 
the largest contributors to the formation of regional haze. Sulfates 
cause visibility impairment, also known as regional haze, by the 
scattering and absorption of sunlight by fine particles. Visibility 
impairment reduces the clarity, color, and visible distance that one 
can see. The District asserts these regulations will decrease 
SO2 emissions in the District from certain fuel combustion 
sources and therefore strengthen the District's SIP. The reduction to 
SO2 emissions helps the District to maintain the national 
ambient air quality standards (NAAQS) for SO2 and 
PM2.5. Additional SO2 emission reductions and 
subsequent reductions in sulfates from District sources combusting 
lower sulfur fuel will assist the District in achieving further 
reasonable progress towards reducing regional haze. Under section 169A 
of the CAA, it is a national goal to remedy and prevent regional haze 
in any Class I areas.\1\ Section 169A requires states which contain 
Class I areas and states from which emissions may reasonably be 
anticipated to cause or contribute to visibility impairment in Class I 
areas to submit SIP revisions to make reasonable progress toward 
meeting the national goal (``regional haze SIPs''). The District's 
regional haze program to address visibility impairment requirements in 
Class I areas was fully approved into the District's SIP by EPA on 
February 2, 2012. See 77 FR 5191.\2\ The District has submitted revised 
regulations for SIP approval to implement its low sulfur fuel oil 
program.
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    \1\ Class I areas are areas of national parks, wilderness areas 
or other areas of national importance that have visibility 
protection requirements.
    \2\ The District's regional haze SIP addressing the planning 
period from 2008 to 2018 is consistent with EPA's requirements in 40 
CFR 51.308 and 51.309. The SIP addressed contribution to visibility 
impairment related to emissions of PM2.5 and its 
precursors, and included measures to address emissions that would 
interfere with reasonable progress goals of neighboring states set 
to protect Class I areas. During the development of the first round 
of regional haze SIPs, the regional planning organization for the 
Northeastern and Mid-Atlantic states, Mid-atlantic/Northeast 
Visibility Union (MANE-VU), established a strategy for these states 
to meet the requirements of reasonable progress goals by 
implementing certain measures, including pursuing a low sulfur fuel 
oil strategy to reduce sulfur content in fuels by 2018.
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II. Summary of SIP Revision and EPA Analysis

    The SIP revision consists of revisions to the DCMR Chapters 1, 5, 
and 8 of Title 20. These revisions to the DCMR reduce the allowable 
sulfur content of fuel oils that are used in oil-burning combustion 
units in the District. These revisions require that the sulfur content 
of number 2 (No. 2) fuel oil be no greater than 500 parts per million 
(ppm); the sulfur content of No. 4 fuel oil be no greater than 2,500 
ppm; and prohibit the use of No. 5 and heavier fuel oils in the 
District. Additionally, beginning July 1, 2018, the sulfur content of 
No. 2 fuel can be no greater than 15 ppm. Any fuel oil stored by the 
ultimate consumer in the District prior to the applicable compliance 
date may be used after the applicable compliance date. The revisions 
also include changes to reporting and recordkeeping requirements 
related to the use and storage of the aforementioned fuel oils. 
Definitions for terminology which relate to reporting and recordkeeping 
requirements were added.
    The updates to Chapter 1 include amendments to the definitions of 
American Standards of Testing Materials (ASTM) and distillate oil. The 
revision to Chapter 5 includes updates to the sampling and testing 
practices for fuel oils. The amended Chapter 5 regulations require the 
use of various ASTM methods for the sampling of petroleum; an ASTM 
standard for the determination of fuel oil grade; and various ASTM 
methods for the determination of sulfur content in fuel oil. Chapter 8 
includes the revised sulfur content for No. 2 and No. 4 fuel oils and 
prohibits combustion of No. 5 and heavier fuel oils in the District. 
Chapter 8 also includes the aforementioned compliance provision and 
definitions related to reporting and recordkeeping requirements.\3\
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    \3\ Chapter 8 also includes provisions allowing waiver of fuel 
oil limits when EPA has granted fuel waivers. Chapter 8 also 
addresses fuel oil sulfur limits when a person, owner, or operator 
of a stationary source employs equipment or a process to reduce 
sulfur emissions from burning fuel oil.
---------------------------------------------------------------------------

    By reducing the sulfur in fuel oils, sulfur oxide emissions and 
PM2.5 emissions will be reduced, which will improve 
visibility while also helping the District to maintain the NAAQS for 
SO2 and PM2.5. EPA believes these regulations 
strengthen the District's SIP. EPA notes that existing provisions and 
the adoption of a low sulfur fuel oil program in the District will lead 
to SO2 emission reductions and provide additional 
SO2 and PM2.5 emission reductions from the 
District to achieve further reasonable progress towards reducing 
regional haze in Class I areas which may be impacted by emissions from 
the District.

III. Final Action

    EPA is approving revisions to the DCMR Chapters 1, 5, and 8 of 
Title 20 as meeting the requirements of the CAA in section 110 with 
limits on sulfur content in fuels to be combusted within the District. 
EPA is approving the amendments to the District's regulations for fuel 
oil sulfur limits for combustion units. 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 December 12, 2016 without further notice unless EPA 
receives adverse comment by November 10, 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.

[[Page 70022]]

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the DCMR 
Chapters 1, 5, and 8 of Title 20. Therefore, these materials have been 
approved by EPA for inclusion in the SIP, have been incorporated by 
reference by EPA into that plan, are fully Federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update of the SIP 
compilation.\4\ EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region III Office (please contact the person identified in the 
``For Further Information Contact'' section of this preamble for more 
information).
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    \4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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 (Public Law 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 12, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. 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 proposes to approve revisions to 
the District of Columbia's regulations to lower the sulfur content of 
fuel oil 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: September 23, 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

0
2. In Sec.  52.470, the table in paragraph (c) is amended by revising 
the entries ``Section 199'', ``Sections 502.1 through 502.15'', 
``Section 801'', and ``Section 899'' to read as follows:


Sec.  52.470   Identification of plan.

* * * * *
    (c) * * *

[[Page 70023]]



                      EPA-Approved Regulations and Statutes in the District of Columbia SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
----------------------------------------------------------------------------------------------------------------
                                                Chapter 1 General
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 199......................  Definitions and          08/16/15  10/11/16, [Insert     Added two new
                                    Abbreviations.                     Federal Register      definitions.
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Chapter 5 Source Monitoring and Testing
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sections 502.1 through 502.15....  Sampling, Tests, and     08/16/15  10/11/16, [Insert     Updates to sampling
                                    Measurements.                      Federal Register      and testing
                                                                       citation].            practices for fuel
                                                                                             oils. Exceptions:
                                                                                             Paragraphs 502.11,
                                                                                             502.12 and 502.14
                                                                                             are not part of the
                                                                                             SIP.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Chapter 8 Asbestos, Sulfur and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section 801......................  Sulfur Content of        08/16/15  10/11/16, [Insert     Updates to the
                                    Fuel Oils.                         Federal Register      sulfur content of
                                                                       citation].            No. 2 and No.4 fuel
                                                                                             oils and the
                                                                                             prohibition of the
                                                                                             use of No. 5 fuel
                                                                                             oil.
 
                                                  * * * * * * *
Section 899......................  Definitions and          08/16/15  10/11/16, [Insert     Addition of new
                                    Abbreviations.                     Federal Register      definitions that
                                                                       citation].            relate to the
                                                                                             handling and
                                                                                             storage of fuel
                                                                                             oil.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-24372 Filed 10-7-16; 8:45 am]
 BILLING CODE 6560-50-P



                                           70020            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations

                                              • does not contain any unfunded                      this final rule does not affect the finality          Exemptions’’ amended on August 27,
                                           mandate or significantly or uniquely                    of this action for the purposes of judicial           2015.
                                           affect small governments, as described                  review nor does it extend the time                    *     *  *     *   *
                                           in the Unfunded Mandates Reform Act                     within which a petition for judicial                  [FR Doc. 2016–24498 Filed 10–7–16; 8:45 am]
                                           of 1995 (Public Law 104–4);                             review may be filed, and shall not                    BILLING CODE 6560–50–P
                                              • does not have Federalism                           postpone the effectiveness of such rule
                                           implications as specified in Executive                  or action. Parties with objections to this
                                           Order 13132 (64 FR 43255, August 10,                    direct final rule are encouraged to file a            ENVIRONMENTAL PROTECTION
                                           1999);                                                  comment in response to the parallel                   AGENCY
                                              • is not an economically significant                 notice of proposed rulemaking for this
                                           regulatory action based on health or                    action published in the Proposed Rules                40 CFR Part 52
                                           safety risks subject to Executive Order                 section of today’s Federal Register,                  [EPA–R03–OAR–2016–0199; FRL–9953–74–
                                           13045 (62 FR 19885, April 23, 1997);                    rather than file an immediate petition                Region 3]
                                              • is not a significant regulatory action             for judicial review of this direct final
                                           subject to Executive Order 13211 (66 FR                 rule, so that the EPA can withdraw this               Approval and Promulgation of Air
                                           28355, May 22, 2001);                                   direct final rule and address the                     Quality Implementation Plans; District
                                              • is not subject to requirements of                  comment in the proposed rulemaking.                   of Columbia; Revision of Regulations
                                           Section 12(d) of the National                           This action may not be challenged later               for Sulfur Content of Fuel Oil
                                           Technology Transfer and Advancement
                                                                                                   in proceedings to enforce its                         AGENCY: Environmental Protection
                                           Act of 1995 (15 U.S.C. 272 note) because
                                                                                                   requirements (see section 307(b)(2)).                 Agency (EPA).
                                           application of those requirements would
                                           be inconsistent with the Clean Air Act;                 List of Subjects in 40 CFR Part 52                    ACTION: Direct final rule.
                                           and                                                       Environmental protection, Air
                                              • does not provide the EPA with the                                                                        SUMMARY:    The Environmental Protection
                                                                                                   pollution control, Incorporation by                   Agency (EPA) is taking direct final
                                           discretionary authority to address, as                  reference, Intergovernmental relations,
                                           appropriate, disproportionate human                                                                           action to approve revisions to the
                                                                                                   Particulate matter, Reporting and                     District of Columbia state
                                           health or environmental effects, using                  recordkeeping requirements.
                                           practicable and legally permissible                                                                           implementation plan (SIP). The revision
                                           methods, under Executive Order 12898                      Dated: July 21, 2016.                               pertains to the update of the District of
                                           (59 FR 7629, February 16, 1994).                        Alexis Strauss,                                       Columbia Municipal Regulations
                                              In addition, the SIP is not approved                 Acting Regional Administrator, Region IX.             (DCMR) to lower the sulfur content of
                                           to apply on any Indian reservation land                                                                       fuel oil. This action is being taken under
                                                                                                     Part 52, Chapter I, Title 40 of the Code            the Clean Air Act (CAA).
                                           or in any other area where the EPA or                   of Federal Regulations is amended as
                                           an Indian tribe has demonstrated that a                                                                       DATES: This rule is effective on
                                                                                                   follows:
                                           tribe has jurisdiction. In those areas of                                                                     December 12, 2016 without further
                                           Indian country, the rule does not have                  PART 52—APPROVAL AND                                  notice, unless EPA receives adverse
                                           tribal implications and will not impose                 PROMULGATION OF                                       written comment by November 10,
                                           substantial direct costs on tribal                      IMPLEMENTATION PLANS                                  2016. If EPA receives such comments, it
                                           governments or preempt tribal law as                                                                          will publish a timely withdrawal of the
                                           specified by Executive Order 13175 (65                  ■ 1. The authority citation for part 52               direct final rule in the Federal Register
                                           FR 67249, November 9, 2000).                            continues to read as follows:                         and inform the public that the rule will
                                              The Congressional Review Act, 5                          Authority: 42 U.S.C. 7401 et seq.                 not take effect.
                                           U.S.C. 801 et seq., as added by the Small                                                                     ADDRESSES: Submit your comments,
                                           Business Regulatory Enforcement                         Subpart F—California                                  identified by Docket ID No. EPA–R03–
                                           Fairness Act of 1996, generally provides                                                                      OAR–2016–0199 at http://
                                           that before a rule may take effect, the                 ■ 2. Section 52.220 is amended by                     www.regulations.gov, or via email to
                                           agency promulgating the rule must                       adding paragraphs (c)(423)(i)(G)(2) and               pino.maria@epa.gov. For comments
                                           submit a rule report, which includes a                  (c)(474)(i)(C)(1) to read as follows:                 submitted at Regulations.gov, follow the
                                           copy of the rule, to each House of the                  § 52.220    Identification of plan.                   online instructions for submitting
                                           Congress and to the Comptroller General                                                                       comments. Once submitted, comments
                                                                                                   *      *     *     *    *
                                           of the United States. The EPA will                         (c) * * *                                          cannot be edited or removed from
                                           submit a report containing this action                     (423) * * *                                        Regulations.gov. For either manner of
                                           and other required information to the                      (i) * * *                                          submission, EPA may publish any
                                           U.S. Senate, the U.S. House of                             (G) * * *                                          comment received to its public docket.
                                           Representatives, and the Comptroller                       (2) Previously approved on July 8,                 Do not submit electronically any
                                           General of the United States prior to                   2015 in paragraph (c)(423)(i)(G)(1) of                information you consider to be
                                           publication of the rule in the Federal                  this section and now deleted with                     confidential business information (CBI)
                                           Register. A major rule cannot take effect               replacement in paragraph                              or other information whose disclosure is
                                           until 60 days after it is published in the              (c)(474)(i)(C)(1), Rule 300, ‘‘Open                   restricted by statute. Multimedia
                                           Federal Register. This action is not a                  Burning Requirements, Prohibitions and                submissions (audio, video, etc.) must be
                                           ‘‘major rule’’ as defined by 5 U.S.C.                   Exemptions,’’ approved on February 24,                accompanied by a written comment.
                                           804(2).                                                 2011.                                                 The written comment is considered the
                                              Under section 307(b)(1) of the Clean                 *      *     *     *    *                             official comment and should include
ehiers on DSK5VPTVN1PROD with RULES




                                           Air Act, petitions for judicial review of                  (474) * * *                                        discussion of all points you wish to
                                           this action must be filed in the United                    (i) * * *                                          make. EPA will generally not consider
                                           States Court of Appeals for the                            (C) Butte County Air Quality                       comments or comment contents located
                                           appropriate circuit by December 12,                     Management District                                   outside of the primary submission (i.e.
                                           2016. Filing a petition for                                (1) Rule 300, ‘‘Open Burning                       on the web, cloud, or other file sharing
                                           reconsideration by the Administrator of                 Requirements, Prohibitions and                        system). For additional submission


                                      VerDate Sep<11>2014   14:37 Oct 07, 2016   Jkt 241001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\11OCR1.SGM   11OCR1


                                                             Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations                                                70021

                                           methods, please contact the person                       meeting the national goal (‘‘regional                 oils and prohibits combustion of No. 5
                                           identified in the FOR FURTHER                            haze SIPs’’). The District’s regional haze            and heavier fuel oils in the District.
                                           INFORMATION CONTACT section. For the                     program to address visibility                         Chapter 8 also includes the
                                           full EPA public comment policy,                          impairment requirements in Class I                    aforementioned compliance provision
                                           information about CBI or multimedia                      areas was fully approved into the                     and definitions related to reporting and
                                           submissions, and general guidance on                     District’s SIP by EPA on February 2,                  recordkeeping requirements.3
                                           making effective comments, please visit                  2012. See 77 FR 5191.2 The District has                 By reducing the sulfur in fuel oils,
                                           http://www2.epa.gov/dockets/                             submitted revised regulations for SIP                 sulfur oxide emissions and PM2.5
                                           commenting-epa-dockets.                                  approval to implement its low sulfur                  emissions will be reduced, which will
                                           FOR FURTHER INFORMATION CONTACT:                         fuel oil program.                                     improve visibility while also helping
                                           Asrah Khadr, (215) 814–2071, or by                                                                             the District to maintain the NAAQS for
                                                                                      II. Summary of SIP Revision and EPA                                 SO2 and PM2.5. EPA believes these
                                           email at khadr.asrah@epa.gov.              Analysis
                                           SUPPLEMENTARY INFORMATION: On                                                                                  regulations strengthen the District’s SIP.
                                           January 20, 2016, the District of             The SIP revision consists of revisions                           EPA notes that existing provisions and
                                           Columbia (the District) through the        to the DCMR Chapters 1, 5, and 8 of                                 the adoption of a low sulfur fuel oil
                                           District of Columbia Department of         Title 20. These revisions to the DCMR                               program in the District will lead to SO2
                                           Energy and Environment submitted a         reduce the allowable sulfur content of                              emission reductions and provide
                                           revision to the District’s SIP. The SIP    fuel oils that are used in oil-burning                              additional SO2 and PM2.5 emission
                                           revision consists of revisions to the      combustion units in the District. These                             reductions from the District to achieve
                                           DCMR for sulfur content of fuel oil        revisions require that the sulfur content                           further reasonable progress towards
                                           which is used for combustion. The          of number 2 (No. 2) fuel oil be no greater                          reducing regional haze in Class I areas
                                           revisions to the DCMR reduce the sulfur    than 500 parts per million (ppm); the                               which may be impacted by emissions
                                           content of fuel oil that can be            sulfur content of No. 4 fuel oil be no                              from the District.
                                           combusted within the District and          greater than 2,500 ppm; and prohibit the
                                                                                      use of No. 5 and heavier fuel oils in the                           III. Final Action
                                           prohibit the combustion of certain
                                                                                      District. Additionally, beginning July 1,                              EPA is approving revisions to the
                                           higher sulfur content fuel oils.
                                                                                      2018, the sulfur content of No. 2 fuel                              DCMR Chapters 1, 5, and 8 of Title 20
                                           I. Background                              can be no greater than 15 ppm. Any fuel                             as meeting the requirements of the CAA
                                              The combustion of fuel oil which        oil stored by the ultimate consumer in                              in section 110 with limits on sulfur
                                           contains sulfur leads to emissions of      the District prior to the applicable                                content in fuels to be combusted within
                                           fine particulate matter (PM2.5) and sulfur compliance date may be used after the                               the District. EPA is approving the
                                           dioxide (SO2), which is a precursor to     applicable compliance date. The                                     amendments to the District’s regulations
                                           PM2.5. In addition, SO2 oxidizes to form revisions also include changes to                                     for fuel oil sulfur limits for combustion
                                           sulfates, which are one of the largest     reporting and recordkeeping                                         units. EPA is publishing this rule
                                           contributors to the formation of regional requirements related to the use and                                  without prior proposal because EPA
                                           haze. Sulfates cause visibility            storage of the aforementioned fuel oils.                            views this as a noncontroversial
                                           impairment, also known as regional         Definitions for terminology which relate                            amendment and anticipates no adverse
                                                                                                                                                          comment. However, in the ‘‘Proposed
                                           haze, by the scattering and absorption of to reporting and recordkeeping
                                                                                      requirements were added.                                            Rules’’ section of today’s Federal
                                           sunlight by fine particles. Visibility
                                                                                         The updates to Chapter 1 include                                 Register, EPA is publishing a separate
                                           impairment reduces the clarity, color,
                                                                                      amendments         to the definitions of                            document that will serve as the proposal
                                           and visible distance that one can see.
                                                                                      American Standards of Testing                                       to approve the SIP revision if adverse
                                           The District asserts these regulations
                                                                                      Materials (ASTM) and distillate oil. The                            comments are filed. This rule will be
                                           will decrease SO2 emissions in the
                                                                                      revision to Chapter 5 includes updates                              effective on December 12, 2016 without
                                           District from certain fuel combustion
                                                                                      to the sampling and testing practices for                           further notice unless EPA receives
                                           sources and therefore strengthen the
                                                                                      fuel oils. The amended Chapter 5                                    adverse comment by November 10,
                                           District’s SIP. The reduction to SO2
                                                                                                                                                          2016. If EPA receives adverse comment,
                                           emissions helps the District to maintain regulations require the use of various                                EPA will publish a timely withdrawal in
                                           the national ambient air quality           ASTM methods for the sampling of
                                                                                      petroleum; an ASTM standard for the                                 the Federal Register informing the
                                           standards (NAAQS) for SO2 and PM2.5.                                                                           public that the rule will not take effect.
                                           Additional SO2 emission reductions and determination of fuel oil grade; and                                    EPA will address all public comments
                                           subsequent reductions in sulfates from     various ASTM methods for the
                                                                                                                                                          in a subsequent final rule based on the
                                           District sources combusting lower sulfur determination of sulfur content in fuel                               proposed rule. EPA will not institute a
                                           fuel will assist the District in achieving oil. Chapter 8 includes the revised
                                                                                      sulfur content for No. 2 and No. 4 fuel                             second comment period on this action.
                                           further reasonable progress towards                                                                            Any parties interested in commenting
                                           reducing regional haze. Under section        2 The District’s regional haze SIP addressing the                 must do so at this time. Please note that
                                           169A of the CAA, it is a national goal     planning period from 2008 to 2018 is consistent                     if EPA receives adverse comment on an
                                           to remedy and prevent regional haze in     with EPA’s requirements in 40 CFR 51.308 and                        amendment, paragraph, or section of
                                           any Class I areas.1 Section 169A           51.309. The SIP addressed contribution to visibility
                                                                                                                                                          this rule and if that provision may be
                                           requires states which contain Class I      impairment related to emissions of PM2.5 and its
                                                                                      precursors, and included measures to address                        severed from the remainder of the rule,
                                           areas and states from which emissions      emissions that would interfere with reasonable                      EPA may adopt as final those provisions
                                           may reasonably be anticipated to cause     progress goals of neighboring states set to protect                 of the rule that are not the subject of an
                                           or contribute to visibility impairment in Class I areas. During the development of the first                   adverse comment.
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                                           Class I areas to submit SIP revisions to   round of regional haze SIPs, the regional planning
                                                                                      organization for the Northeastern and Mid-Atlantic
                                           make reasonable progress toward            states, Mid-atlantic/Northeast Visibility Union                       3 Chapter 8 also includes provisions allowing

                                                                                                    (MANE–VU), established a strategy for these states    waiver of fuel oil limits when EPA has granted fuel
                                             1 Class I areas are areas of national parks,           to meet the requirements of reasonable progress       waivers. Chapter 8 also addresses fuel oil sulfur
                                           wilderness areas or other areas of national              goals by implementing certain measures, including     limits when a person, owner, or operator of a
                                           importance that have visibility protection               pursuing a low sulfur fuel oil strategy to reduce     stationary source employs equipment or a process
                                           requirements.                                            sulfur content in fuels by 2018.                      to reduce sulfur emissions from burning fuel oil.



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                                           70022              Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations

                                           IV. Incorporation by Reference                            affect small governments, as described                action must be filed in the United States
                                             In this rule, EPA is finalizing                         in the Unfunded Mandates Reform Act                   Court of Appeals for the appropriate
                                           regulatory text that includes                             of 1995 (Public Law 104–4);                           circuit by December 12, 2016. Filing a
                                           incorporation by reference. In                               • Does not have federalism                         petition for reconsideration by the
                                           accordance with requirements of 1 CFR                     implications as specified in Executive                Administrator of this final rule does not
                                           51.5, EPA is finalizing the incorporation                 Order 13132 (64 FR 43255, August 10,                  affect the finality of this action for the
                                           by reference of the DCMR Chapters 1, 5,                   1999);                                                purposes of judicial review nor does it
                                           and 8 of Title 20. Therefore, these                          • Is not an economically significant               extend the time within which a petition
                                           materials have been approved by EPA                       regulatory action based on health or                  for judicial review may be filed, and
                                           for inclusion in the SIP, have been                       safety risks subject to Executive Order               shall not postpone the effectiveness of
                                           incorporated by reference by EPA into                     13045 (62 FR 19885, April 23, 1997);                  such rule or action. Parties with
                                           that plan, are fully Federally enforceable                   • Is not a significant regulatory action           objections to this direct final rule are
                                           under sections 110 and 113 of the CAA                     subject to Executive Order 13211 (66 FR               encouraged to file a comment in
                                           as of the effective date of the final                     28355, May 22, 2001);                                 response to the parallel notice of
                                           rulemaking of EPA’s approval, and will                       • Is not subject to requirements of                proposed rulemaking for this action
                                           be incorporated by reference by the                       section 12(d) of the National                         published in the proposed rules section
                                           Director of the Federal Register in the                   Technology Transfer and Advancement                   of today’s Federal Register, rather than
                                           next update of the SIP compilation.4                      Act of 1995 (15 U.S.C. 272 note) because              file an immediate petition for judicial
                                           EPA has made, and will continue to                        application of those requirements would               review of this direct final rule, so that
                                           make, these materials generally                           be inconsistent with the CAA; and                     EPA can withdraw this direct final rule
                                           available through www.regulations.gov                        • Does not provide EPA with the                    and address the comment in the
                                           and/or at the EPA Region III Office                       discretionary authority to address, as                proposed rulemaking action. This action
                                           (please contact the person identified in                  appropriate, disproportionate human                   which proposes to approve revisions to
                                           the ‘‘For Further Information Contact’’                   health or environmental effects, using                the District of Columbia’s regulations to
                                           section of this preamble for more                         practicable and legally permissible                   lower the sulfur content of fuel oil may
                                           information).                                             methods, under Executive Order 12898                  not be challenged later in proceedings to
                                                                                                     (59 FR 7629, February 16, 1994).                      enforce its requirements. (See section
                                           V. Statutory and Executive Order                             In addition, this rule does not have               307(b)(2)).
                                           Reviews                                                   tribal implications as specified by
                                           A. General Requirements                                   Executive Order 13175 (65 FR 67249,                   List of Subjects in 40 CFR Part 52
                                             Under the CAA, the Administrator is                     November 9, 2000), because the SIP is
                                                                                                                                                             Environmental protection, Air
                                           required to approve a SIP submission                      not approved to apply in Indian country
                                                                                                                                                           pollution control, Incorporation by
                                           that complies with the provisions of the                  located in the state, and EPA notes that
                                                                                                                                                           reference, Intergovernmental relations,
                                           CAA and applicable Federal regulations.                   it will not impose substantial direct
                                                                                                                                                           Particulate matter, Reporting and
                                           42 U.S.C. 7410(k); 40 CFR 52.02(a).                       costs on tribal governments or preempt
                                                                                                                                                           recordkeeping requirements, Sulfur
                                           Thus, in reviewing SIP submissions,                       tribal law.
                                                                                                                                                           oxides.
                                           EPA’s role is to approve state choices,                   B. Submission to Congress and the                       Dated: September 23, 2016.
                                           provided that they meet the criteria of                   Comptroller General
                                           the CAA. Accordingly, this action                                                                               Shawn M. Garvin,
                                                                                                        The Congressional Review Act, 5                    Regional Administrator, Region III.
                                           merely approves state law as meeting
                                           federal requirements and does not                         U.S.C. 801 et seq., as added by the Small
                                           impose additional requirements beyond                     Business Regulatory Enforcement                           40 CFR part 52 is amended as follows:
                                           those imposed by state law. For that                      Fairness Act of 1996, generally provides
                                                                                                     that before a rule may take effect, the               PART 52—APPROVAL AND
                                           reason, this action:
                                             • Is not a ‘‘significant regulatory                     agency promulgating the rule must                     PROMULGATION OF
                                           action’’ subject to review by the Office                  submit a rule report, which includes a                IMPLEMENTATION PLANS
                                           of Management and Budget under                            copy of the rule, to each House of the
                                           Executive Orders 12866 (58 FR 51735,                      Congress and to the Comptroller General               ■ 1. The authority citation for part 52
                                           October 4, 1993) and 13563 (76 FR 3821,                   of the United States. EPA will submit a               continues to read as follows:
                                           January 21, 2011);                                        report containing this action and other                   Authority: 42 U.S.C. 7401 et seq.
                                             • Does not impose an information                        required information to the U.S. Senate,
                                           collection burden under the provisions                    the U.S. House of Representatives, and                Subpart J—District of Columbia
                                           of the Paperwork Reduction Act (44                        the Comptroller General of the United
                                           U.S.C. 3501 et seq.);                                     States prior to publication of the rule in            ■  2. In § 52.470, the table in paragraph
                                             • Is certified as not having a                          the Federal Register. A major rule                    (c) is amended by revising the entries
                                           significant economic impact on a                          cannot take effect until 60 days after it             ‘‘Section 199’’, ‘‘Sections 502.1 through
                                           substantial number of small entities                      is published in the Federal Register.                 502.15’’, ‘‘Section 801’’, and ‘‘Section
                                           under the Regulatory Flexibility Act (5                   This action is not a ‘‘major rule’’ as                899’’ to read as follows:
                                           U.S.C. 601 et seq.);                                      defined by 5 U.S.C. 804(2).
                                             • Does not contain any unfunded                                                                               § 52.470    Identification of plan.
                                                                                                     C. Petitions for Judicial Review
                                           mandate or significantly or uniquely                                                                            *       *    *      *      *
                                                                                                       Under section 307(b)(1) of the CAA,
                                                                                                                                                               (c) * * *
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                                             4 62   FR 27968 (May 22, 1997).                         petitions for judicial review of this




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                                                               Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations                                                          70023

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

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

                                                                                                                             Chapter 1 General


                                                    *                              *                      *                          *                            *                 *                 *
                                           Section 199 ..............................    Definitions and Abbreviations              08/16/15         10/11/16, [Insert Federal Reg- Added two new definitions.
                                                                                                                                                       ister citation].

                                                       *                           *                         *                           *                       *                      *                   *

                                                                                                            Chapter 5 Source Monitoring and Testing


                                                    *                   *                                 *                          *                            *                 *                     *
                                           Sections 502.1 through 502.15                 Sampling, Tests, and Meas-                 08/16/15         10/11/16, [Insert Federal Reg- Updates to sampling and test-
                                                                                           urements.                                                   ister citation].               ing practices for fuel oils.
                                                                                                                                                                                      Exceptions: Paragraphs
                                                                                                                                                                                      502.11, 502.12 and 502.14
                                                                                                                                                                                      are not part of the SIP.

                                                       *                           *                         *                           *                       *                      *                   *

                                                                                                        Chapter 8 Asbestos, Sulfur and Nitrogen Oxides

                                           Section 801 ..............................    Sulfur Content of Fuel Oils .....          08/16/15         10/11/16, [Insert Federal Reg-     Updates to the sulfur content
                                                                                                                                                       ister citation].                   of No. 2 and No.4 fuel oils
                                                                                                                                                                                          and the prohibition of the
                                                                                                                                                                                          use of No. 5 fuel oil.

                                                    *                              *                      *                          *                            *                 *                      *
                                           Section 899 ..............................    Definitions and Abbreviations              08/16/15         10/11/16, [Insert Federal Reg- Addition of new definitions that
                                                                                                                                                       ister citation].               relate to the handling and
                                                                                                                                                                                      storage of fuel oil.

                                                       *                           *                         *                           *                       *                      *                   *



                                           *       *       *        *       *                              ‘‘Prevention of Significant Deterioration                  instructions for submitting comments.
                                           [FR Doc. 2016–24372 Filed 10–7–16; 8:45 am]                     of Air Quality’’; and chapter 22,                          Once submitted, comments cannot be
                                           BILLING CODE 6560–50–P                                          ‘‘Incinerators; Emission Standards’’.                      edited or removed from Regulations.gov.
                                                                                                           This amendment makes the state                             EPA may publish any comment received
                                                                                                           regulation consistent with the National                    to its public docket. Do not submit
                                           ENVIRONMENTAL PROTECTION                                        Ambient Air Quality Standards                              electronically any information you
                                           AGENCY                                                          (NAAQS) for particulate matter 10                          consider to be Confidential Business
                                                                                                           micrometers or less (PM10), fine                           Information (CBI) or other information
                                           40 CFR Part 52                                                  particulate matter 25 micrometers or                       whose disclosure is restricted by statute.
                                           [EPA–R07–OAR–2016–0556; FRL–9953–61–                            less (PM2.5), Sulfur dioxide, Nitrogen                     Multimedia submissions (audio, video,
                                           Region 7]                                                       dioxide, Carbon monoxide, Ozone, and                       etc.) must be accompanied by a written
                                                                                                           Lead, as of the date of the state                          comment. The written comment is
                                           Approval of Nebraska’s Air Quality                              submittal. This action also makes                          considered the official comment and
                                           Implementation Plans                                            formatting and grammatical corrections                     should include discussion of all points
                                                                                                           to title 129, chapters 19 and 22.                          you wish to make. EPA will generally
                                           AGENCY: Environmental Protection
                                                                                                           DATES: This direct final rule will be                      not consider comments or comment
                                           Agency (EPA).
                                                                                                           effective December 12, 2016, without                       contents located outside of the primary
                                           ACTION: Direct final rule.                                                                                                 submission (i.e. on the Web, cloud, or
                                                                                                           further notice, unless EPA receives
                                           SUMMARY:   The Environmental Protection                         adverse comment by November 10,                            other file sharing system). For
                                           Agency (EPA) is taking direct final                             2016. If EPA receives adverse comment,                     additional submission methods, the full
                                           action to approve revisions to the State                        we will publish a timely withdrawal of                     EPA public comment policy,
                                           Implementation Plan (SIP) for the State                         the direct final rule in the Federal                       information about CBI or multimedia
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                                           of Nebraska as submitted on March 6,                            Register informing the public that the                     submissions, and general guidance on
                                           2014, and July 14, 2014. This action will                       rule will not take effect.                                 making effective comments, please visit
                                           amend the SIP to include revisions to                           ADDRESSES: Submit your comments,
                                                                                                                                                                      http://www2.epa.gov/dockets/
                                           title 129 of the Nebraska Air Quality                           identified by Docket ID No. EPA–R07–                       commenting-epa-dockets.
                                           Regulations, chapter 4, ‘‘Ambient Air                           OAR–2016–0556, to http://                                  FOR FURTHER INFORMATION CONTACT:           Greg
                                           Quality Standards’’; chapter 19,                                www.regulations.gov. Follow the online                     Crable, Environmental Protection


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Document Created: 2018-02-13 16:33:58
Document Modified: 2018-02-13 16:33:58
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 December 12, 2016 without further notice, unless EPA receives adverse written comment by November 10, 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.
ContactAsrah Khadr, (215) 814-2071, or by email at [email protected]
FR Citation81 FR 70020 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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