81 FR 8406 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Interstate Pollution Transport Requirements for the 2010 Nitrogen Dioxide Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 33 (February 19, 2016)
Federal Register Volume 81, Issue 33 (February 19, 2016)
| Page Range | 8406-8408 | |
| FR Document | 2016-03394 |
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)] [Rules and Regulations] [Pages 8406-8408] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03394] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0750; FRL-9942-58-Region 3] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Interstate Pollution Transport Requirements for the 2010 Nitrogen Dioxide Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the District of Columbia (the District). This revision pertains to the infrastructure requirement of interstate transport pollution with respect to the 2010 nitrogen dioxide (NO2 ) National Ambient Air Quality Standards (NAAQS). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on March 21, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2015-0750. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through www.regulations.gov or may be viewed during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the District of Columbia Department of Energy and Environment, Air Quality Division, 1200 1st Street NE., 5th floor, Washington, DC 20002. FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814- 2038, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Whenever new or revised NAAQS are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements and are specified in section 110(a)(2) of the CAA. Particularly, section 110(a)(2)(D)(i)(I) of the CAA requires state SIPs to address any emissions activity in one state that contributes significantly to nonattainment, or interferes with maintenance, of the NAAQS in any downwind state. EPA sometimes refers to these requirements as prong 1 (significant contribution to nonattainment) and prong 2 (interference with maintenance), or conjointly as the ``good neighbor'' provision of the CAA. On December 4, 2015 (80 FR 75845), EPA published a notice of proposed rulemaking (NPR) for the District. In the NPR, EPA proposed approval of a SIP revision by the District addressing section 110(a)(2)(D)(i)(I) with respect to the 2010 NO2 NAAQS. The formal SIP revision was submitted by the District on June 6, 2014. II. Summary of SIP Revision The District submitted on June 6, 2014 a SIP revision to satisfy the infrastructure requirements of section 110(a)(2) of the CAA for the 2010 NO2 NAAQS, including section 110(a)(2)(D)(i)(I) that pertains to interstate transport. This rulemaking action is addressing the portions of the District's June 6, 2014 infrastructure submittal for the 2010 NO2 NAAQS that pertain to transport requirements.\1\ --------------------------------------------------------------------------- \1\ EPA has previously taken rulemaking action on the June 6, 2014 SIP revision to address all other applicable infrastructure requirements for the 2010 NO2 NAAQS, with the exception of the transport elements in 110(a)(2)(D)(i)(I). See 80 FR 19538 (April 13, 2015). --------------------------------------------------------------------------- [[Page 8407]] The District's June 6, 2014 transport submittal concludes that the District does not have sources that can contribute to nonattainment in, or interfere with maintenance by, any other state with respect to the 2010 NO2 NAAQS. A detailed summary of EPA's review and rationale for proposing approval of this SIP revision as meeting section 110(a)(2)(D)(i)(I) of the CAA for the 2010 NO2 NAAQS may be found in the NPR and the Technical Support Document (TSD) for this rulemaking action and will not be restated here. Both the NPR and TSD are available online at www.regulations.gov, Docket number EPA-R03- OAR-2015-0750. No public adverse comments were received on the NPR. III. Final Action EPA is approving the portions of the District's June 6, 2014 SIP revision submittal addressing interstate transport for the 2010 NO2 NAAQS as a revision to the District SIP for purposes of meeting section 110(a)(2)(D)(i)(I) requirements with respect to this NAAQS. 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 Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Publ. 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 April 19, 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. This action, addressing the District's interstate transport requirements under the CAA for the 2010 NO 2 NAAQS, 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, Nitrogen dioxide. Dated: February 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 0 2. In Sec. 52.470, the table in paragraph (e) is amended by adding an entry for ``Interstate Pollution Transport Requirements for the 2010 NO2 NAAQS'' to the end of the table to read as follows: Sec. 52.470 Identification of plan. * * * * * (e) * * * [[Page 8408]] ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable State Additional revision geographic area submittal date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Interstate Pollution Transport Statewide.......... 6/6/14 2/19/16 [Insert This action Requirements for the 2010 NO2 Federal Register addresses the NAAQS. citation]. infrastructure element of CAA section 110(a)(2)(D)(i)(I) , or the good neighbor provision, for the 2010 NO2 NAAQS. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-03394 Filed 2-18-16; 8:45 am] BILLING CODE 6560-50-P
![8406 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations
government vehicles for transporting may be disciplined under these or may be viewed during normal
employees between their domiciles and regulations, as well as other applicable business hours at the Air Protection
places of employment is prohibited laws. However, this section does not Division, U.S. Environmental Protection
except when authorized by the create any enforceable legal rights in Agency, Region III, 1650 Arch Street,
Secretary pursuant to 31 U.S.C. 1344 or any person. Philadelphia, Pennsylvania 19103.
other statute. Copies of the State submittal are
§ 0.218 General conduct prejudicial to the available at the District of Columbia
§ 0.213 Government issued charge cards. government.
Department of Energy and Environment,
(a) Employees shall not make An employee shall not engage in Air Quality Division, 1200 1st Street
improper purchases with government criminal, infamous, dishonest, immoral, NE., 5th floor, Washington, DC 20002.
contractor-issued charge cards. or notoriously disgraceful conduct, or FOR FURTHER INFORMATION CONTACT:
(b) Employees shall timely pay other conduct prejudicial to the Emlyn Vélez-Rosa, (215) 814–2038, or
undisputed amounts owed on government. by email at velez-rosa.emlyn@epa.gov.
government contractor-issued travel Dated: February 12, 2016. SUPPLEMENTARY INFORMATION:
charge cards. Brodi Fontenot,
I. Background
§ 0.214 Conduct while on government Assistant Secretary for Management.
property. [FR Doc. 2016–03410 Filed 2–18–16; 8:45 am] Whenever new or revised NAAQS are
(a) Employees must adhere to the BILLING CODE 4810–25–P
promulgated, the CAA requires states to
regulations that govern the conduct of submit a plan for the implementation,
individuals who are in the buildings or maintenance, and enforcement of such
space occupied by, or on grounds of, NAAQS. The plan is required to address
ENVIRONMENTAL PROTECTION
particular government property. basic program elements, including, but
AGENCY
(b) Employees shall not solicit, make not limited to, regulatory structure,
collections, canvass for the sale of any 40 CFR Part 52 monitoring, modeling, legal authority,
article, or distribute literature or and adequate resources necessary to
[EPA–R03–OAR–2015–0750; FRL–9942–58– assure attainment and maintenance of
advertising on Department property Region 3]
without appropriate authorization. the standards. These elements are
Approval and Promulgation of Air referred to as infrastructure
§ 0.215 Recording government business. requirements and are specified in
Quality Implementation Plans; District
An employee shall not electronically of Columbia; Interstate Pollution section 110(a)(2) of the CAA.
transmit, or create audio or video Transport Requirements for the 2010 Particularly, section 110(a)(2)(D)(i)(I) of
recordings of, conversations, meetings, Nitrogen Dioxide Standards the CAA requires state SIPs to address
or conferences in the workplace or any emissions activity in one state that
while conducting business on behalf of AGENCY: Environmental Protection contributes significantly to
the Department, except where doing so Agency (EPA). nonattainment, or interferes with
is part of the employee’s official duties. ACTION: Final rule. maintenance, of the NAAQS in any
downwind state. EPA sometimes refers
§ 0.216 Influencing legislation or SUMMARY: The Environmental Protection to these requirements as prong 1
petitioning Congress. Agency (EPA) is approving a State (significant contribution to
Except for the official handling, Implementation Plan (SIP) revision nonattainment) and prong 2
through the proper channels, of matters submitted by the District of Columbia (interference with maintenance), or
relating to legislation in which the (the District). This revision pertains to conjointly as the ‘‘good neighbor’’
Department has an interest, employees the infrastructure requirement of provision of the CAA.
shall not use government time, money, interstate transport pollution with On December 4, 2015 (80 FR 75845),
or property to petition a Member of respect to the 2010 nitrogen dioxide EPA published a notice of proposed
Congress to favor or oppose any (NO2) National Ambient Air Quality rulemaking (NPR) for the District. In the
legislation or proposed legislation, or to Standards (NAAQS). EPA is approving NPR, EPA proposed approval of a SIP
encourage others to do so. this revision in accordance with the revision by the District addressing
requirements of the Clean Air Act section 110(a)(2)(D)(i)(I) with respect to
§ 0.217 Nondiscrimination.
(CAA). the 2010 NO2 NAAQS. The formal SIP
(a) Employees shall not discriminate
against or harass any other employee, DATES: This final rule is effective on revision was submitted by the District
applicant for employment, contractor, or March 21, 2016. on June 6, 2014.
person dealing with the Department on ADDRESSES: EPA has established a II. Summary of SIP Revision
official business on the basis of race, docket for this action under Docket ID
The District submitted on June 6,
color, religion, national origin, sex, Number EPA–R03–OAR–2015–0750. All
2014 a SIP revision to satisfy the
sexual orientation, age, disability, documents in the docket are listed in
infrastructure requirements of section
political affiliation, marital status, the www.regulations.gov Web site.
110(a)(2) of the CAA for the 2010 NO2
parental status, veterans status, or Although listed in the electronic docket,
NAAQS, including section
genetic information. some information is not publicly
110(a)(2)(D)(i)(I) that pertains to
(b) Supervisors shall not retaliate available, i.e., confidential business
interstate transport. This rulemaking
asabaliauskas on DSK5VPTVN1PROD with RULES
against an employee for complaining information (CBI) or other information
action is addressing the portions of the
about suspected unlawful whose disclosure is restricted by statute.
District’s June 6, 2014 infrastructure
discrimination or harassment, seeking Certain other material, such as
submittal for the 2010 NO2 NAAQS that
accommodation for a disability, or copyrighted material, is not placed on
pertain to transport requirements.1
otherwise exercising their right to be the Internet and will be publicly
free from unlawful discrimination. available only in hard copy form. 1 EPA has previously taken rulemaking action on
(c) An employee who engages in Publicly available docket materials are the June 6, 2014 SIP revision to address all other
discriminatory or retaliatory conduct available through www.regulations.gov applicable infrastructure requirements for the 2010
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![8408 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations
State
Name of non-regulatory SIP Applicable geographic area submittal EPA approval date Additional explanation
revision date
* * * * * * *
Interstate Pollution Transport Statewide ............................... 6/6/14 2/19/16 [Insert Federal Reg- This action addresses the in-
Requirements for the 2010 ister citation]. frastructure element of CAA
NO2 NAAQS. section 110(a)(2)(D)(i)(I), or
the good neighbor provi-
sion, for the 2010 NO2
NAAQS.
[FR Doc. 2016–03394 Filed 2–18–16; 8:45 am] appointment, during normal business the entry for Cupressus abramsiana
BILLING CODE 6560–50–P hours at: U.S. Fish and Wildlife Service, from 50 CFR 17.12(h) with an entry for
Ventura Fish and Wildlife Office, 2493 Hesperocyparis abramsiana.
Portola Road, Suite B, Ventura,
DEPARTMENT OF THE INTERIOR California 93003; telephone 805–644– Summary of Biological Status and
1766; facsimile 805–644–3958. Factors Affecting the Species
Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: This section introduces and
Stephen P. Henry, Field Supervisor, summarizes the biological status and
50 CFR Part 17 U.S. Fish and Wildlife Service, Ventura factors affecting Santa Cruz cypress
[Docket No. FWS–R8–ES–2013–0092; Fish and Wildlife Office, 2493 Portola identified at each period of the species’
4500030113] Road, Suite B, Ventura, CA 93003; review history. We have described the
RIN 1018–AY77 telephone 805–644–1766; facsimile level of threats using a scale of low,
805–644–3958. Persons who use a moderate, and high (as discussed in
Endangered and Threatened Wildlife telecommunications device for the deaf
Appendix 1 of the Species Report). A
and Plants; Reclassifying (TDD) may call the Federal Information
low-level threat indicates a threat that
Hesperocyparis abramsiana Relay Service (FIRS) at 800–877–8339.
has the potential to occur at any time,
(=Cupressus abramsiana) as SUPPLEMENTARY INFORMATION:
although the possibility is unlikely that
Threatened
Previous Federal Action this threat will affect the species across
AGENCY: Fish and Wildlife Service, On September 3, 2013, we proposed its range or interrupt the species’
Interior. to reclassify the Santa Cruz cypress from persistence into the future. A moderate-
ACTION: Final rule. an endangered species to a threatened level threat indicates a threat that is
species (78 FR 54221) on the List of currently affecting the long-term
SUMMARY: We, the U.S. Fish and
Endangered and Threatened Plants in persistence of the species in a particular
Wildlife Service (Service), determine
part 17 of title 50 of the Code of Federal population or across its range, but does
threatened species status under the
Endangered Species Act of 1973 (Act), Regulations (CFR). Please refer to the not pose an imminent threat to the
as amended, for Hesperocyparis proposed reclassification rule for the persistence of the species. A high-level
abramsiana (=Cupressus abramsiana) Santa Cruz cypress (78 FR 54221; threat indicates a well-documented,
(Santa Cruz cypress), a plant species September 3, 2013) for a detailed imminent threat to a large number of
found in Santa Cruz and San Mateo description of the previous Federal individuals that has the potential to
Counties in west-central California. We actions concerning this species. This disrupt the long-term persistence of the
also finalize the correction to the final rule constitutes our final action species in a particular population or
scientific name of Santa Cruz cypress on regarding the petition to reclassify the across its range.
the List of Endangered and Threatened Santa Cruz cypress from endangered to At the time of listing, the primary
Plants. The effect of this regulation will threatened (Pacific Legal Foundation threats to Santa Cruz cypress were
be to change the listing status of Santa 2011, pp. 1–11). residential development, agricultural
Cruz cypress from an endangered Background conversion, logging, oil and gas drilling,
species to a threatened species on the For a detailed discussion of Santa genetic introgression, and alteration of
List of Endangered and Threatened Cruz cypress’s description, taxonomy, the natural frequency of fires that
Plants. life history, habitat, soils, distribution, threatened to destroy portions of each
DATES: This rule becomes effective abundance, age and size distribution, population (52 FR 675; January 8, 1987).
March 21, 2016. and role of fire in regeneration, please Other (secondary) threats in 1987
ADDRESSES: This final rule is available see the Santa Cruz Cypress included vandalism, disease, and
on the internet at http:// Hesperocyparis [Cupressus] abramsiana inadequate regulatory mechanisms (52
www.regulations.gov under Docket No. Species Report (Service 2015, pp. 1–57) FR 675). Of the primary threats in 1987,
FWS–R8–ES–2013–0092 and at http:// (Species Report), which is available for residential development, agricultural
www.fws.gov/ventura/. Comments and review under Docket No. FWS–R8–ES– conversion, and logging threatened
asabaliauskas on DSK5VPTVN1PROD with RULES
materials we received, as well as 2013–0092 at http:// individual Santa Cruz cypress trees and
supporting documentation we used in www.regulations.gov. Please refer to the stands with imminent destruction.
preparing this rule, are available for proposed reclassification rule for the Other threats identified in the Recovery
public inspection at http:// Santa Cruz cypress (78 FR 54221; Plan for the Santa Cruz Cypress (Service
www.regulations.gov. All of the September 3, 2013) (Service 2013b) for 1998) also included oil and gas
comments, materials, and a summary of information about the development, reproductive isolation,
documentation that we considered in species and the proposed change in introgression, and competition from
this rulemaking are available by taxonomy: In this final rule, we replace nonnative species.
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Document Created: 2018-02-02 14:32:10
Document Modified: 2018-02-02 14:32:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on March 21, 2016. | |
| Contact | Emlyn V[eacute]lez-Rosa, (215) 814- 2038, or by email at [email protected] | |
| FR Citation | 81 FR 8406 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Nitrogen Dioxide |
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