82 FR 14458 - Air Plan Approval; District of Columbia; Update to Materials Incorporated by Reference
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 53 (March 21, 2017)
Federal Register Volume 82, Issue 53 (March 21, 2017)
| Page Range | 14458-14461 | |
| FR Document | 2017-05201 |
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)] [Rules and Regulations] [Pages 14458-14461] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05201] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [DC104-2052; FRL-9955-98-Region 3] Air Plan Approval; District of Columbia; Update to Materials Incorporated by Reference AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the District of Columbia state implementation plan (SIP). The regulations affected by this update have been previously submitted by the District of Columbia Department of Energy and Environment (DoEE) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office. DATES: This action is effective March 21, 2017. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; and NARA. For information on the availability of this material at NARA, call 202-741- 6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. To view the material at the EPA, Region III Office, EPA requests that you email the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376 or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background The SIP is a living document which the state revises as necessary to address its unique air pollution problems. Therefore, EPA, from time to time, must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference federally approved SIPs, as a result of consultations between EPA and the Office of the Federal Register (OFR). The description of the revised SIP document, IBR procedures and ``Identification of plan'' format are discussed in further detail in the May 22, 1997 Federal Register document. On December 7, 1998 (63 FR 67407), EPA published a document in the Federal Register beginning the new IBR procedure for the District of Columbia. On August 6, 2004 (69 FR 47773), September 6, 2005 (70 FR 52919), March 19, 2009 (74 FR 11647), and February 22, 2011 (76 FR 9652), EPA published updates to the IBR material for the District of Columbia. Since the publication of the last IBR update, EPA has approved the following regulatory changes to the following District of Columbia regulations: A. Added Regulations and Statutes 1. Chapter 2 (General and Non-attainment Area Permits), sections 208 and 210. 2. Chapter 7 (Volatile Organic Compounds), sections 714, 755 through 758 inclusive, and 763 through 778 inclusive. 3. DC Official Code, Title I, Chapter 11A, (Government Ethics and Accountability), sections 1-1161.01(Definitions), 1-1161.23 (Conflicts of Interest), 1-1161.24 (Public Reporting), and 1-1161.25 (Confidential Disclosure of Financial Interest). B. Revised Regulations 1. Chapter 1 (General), sections 100 and 199. 2. Chapter 2 (General and Non-attainment Area Permits), sections 200, 204, and 299. 3. Chapter 7, (Volatile Organic Compounds), sections 700, 710, 715 through 737 inclusive, 743 through 749, 751 through 754 inclusive, and 799. 4. Chapter 10, title change to Air Quality--Non EGU Limits on Nitrogen Oxides Emissions, as well as title changes and revisions to sections 1001 through 1004. C. Removed Regulations 1. Chapter 2 (General and Non-attainment Area Permits), section 206 2. Chapter 7, (Volatile Organic Compounds), sections 707, 708, 738 through 742 inclusive, and 750. 3. Chapter 10 (Air Quality--Non EGU Limits on Nitrogen Oxides Emissions), sections 1005 through 1014 inclusive, and 1099. II. EPA Action In this action, EPA is doing the following: A. In 40 CFR 52.470(b) Announcing the update to the IBR material as of July 1, 2016 and revising the text within 40 CFR 52.470(b). B. In 40 CFR 52.470(c) 1. Correcting a typographical error in the title for chapter 7, section 702. 2. Removing the five existing entries for chapter 7, section 799 with an EPA approval date prior to April 29, 2013. C. In 40 CFR 52.470(e) Revising the Applicable Geographic Area from ``Statewide'' to ``District of Columbia'' for the following titled areas currently found within 52.470(e): Regional Haze Plan; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS; the Clean Air Act (CAA) section 128 requirements in relation to State Boards; section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality Standards (NAAQS); Section 110(a)(2) Infrastructure Requirements for the 2008 Ozone NAAQS; Section 110(a)(2) Infrastructure Requirements for the 2010 Sulfur Dioxide (SO2) NAAQS; Emergency Air Pollution Plan; and the Interstate Pollution Transport Requirements for the 2010 NO2 NAAQS. III. Good Cause Exemption EPA has determined that today's rule falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ``good cause,'' authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This rule simply codifies provisions which are already in effect as a matter of law in federal and approved state programs. Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' Public comment is ``unnecessary'' and ``contrary to the public interest'' since the codification only reflects existing law. Immediate notice in the Code of Federal Register benefits the public by removing outdated citations and incorrect table entries. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of previously EPA approved regulations promulgated by the District of Columbia and federally effective prior to July 1, 2016. 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 [[Page 14459]] Director of the Federal Register in the next update to the SIP compilation.\1\ The 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). --------------------------------------------------------------------------- \1\ 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 Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 rule 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. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review EPA has also determined that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the District of Columbia SIP compilations had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this ``Identification of plan'' update action for the District of Columbia. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: March 7, 2017. Cecil Rodrigues, Acting 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. Section 52.470 is amended by: 0 a. Revising paragraph (b); 0 b. Revising paragraph (c) table entry for Section 702; 0 c. Removing the second through sixth entries for Section 799 from paragraph (c) table; and 0 d. In paragraph (e), by revising the following entries: Regional Haze Plan; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS; CAA section 128 requirements in relation to State Boards; Section 110(a)(2) Infrastructure Requirements for the 2010 NO 2 NAAQS; Section 110(a)(2) Infrastructure Requirements for the 2008 Ozone NAAQS; Section 110(a)(2) Infrastructure Requirements for the 2010 SO2 NAAQS; Emergency Air Pollution Plan; and Interstate Pollution Transport Requirements for the 2010 NO2 NAAQS. The amendments read as follows: Sec. 52.470 Identification of plan. * * * * * (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to July 1, 2016, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with the EPA approval dates after July 1, 2016 for the District of Columbia, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region III certifies that the materials provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the state implementation plan as of the dates referenced in paragraph (b)(1). No additional revisions were made to paragraph (d) between December 1, 2010 and July 1, 2016. [[Page 14460]] (3) Copies of the materials incorporated by reference into the state implementation plan may be inspected at the Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. To obtain the material, please call the Regional Office at (215) 814-3376. You may also inspect the material with an EPA approval date prior to July 1, 2016 for the District of Columbia at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (c) * * * EPA-Approved Regulations and Statutes in the District of Columbia SIP ---------------------------------------------------------------------------------------------------------------- State Additional State citation Title/subject effective date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- District of Columbia Municipal Regulations (DCMR), Title 20--Environment ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 7 Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 702.................... Control of Volatile 3/15/85 10/27/99, 64 FR Organic Compound Leaks 57777. from Petroleum Refinery Equipment. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State EPA approval date Additional explanation revision nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Regional Haze Plan............. District of 10/27/11 2/2/12, 77 FR 5191 Columbia. * * * * * * * Section 110(a)(2) District of 7/18/13 10/22/13, 78 FR This action addresses Infrastructure Requirements Columbia. 62455. the following CAA for the 2008 Lead NAAQS. elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. CAA section 128 requirements in District of 7/18/13 10/22/13, 78 FR relation to State Boards. Columbia. 62455. * * * * * * * Section 110(a)(2) District of 6/9/14 4/13/15, 80 FR This action addresses Infrastructure Requirements Columbia. 19538. the following CAA for the 2010 NO2 NAAQS. elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). PSD related portions are addressed by FIP in 40 CFR 52.499. Section 110(a)(2) District of 6/13/14 4/13/15, 80 FR This action addresses Infrastructure Requirements Columbia. 19538. the following CAA for the 2008 Ozone NAAQS. elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). PSD related portions are addressed by FIP in 40 CFR 52.499. Section 110(a)(2) District of 6/13/14 4/13/15, 80 FR This action addresses Infrastructure Requirements Columbia. 19538. the following CAA for the 2010 SO2 NAAQS. elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). PSD related portions are addressed by FIP in 40 CFR 52.499. Emergency Air Pollution Plan... District of 6/13/14 4/13/15, 80 FR This action addresses Columbia. 19538. the requirements of 40 CFR 51, subpart H for particulate matter, sulfur oxides (SOX), carbon monoxide (CO), and ozone, as well as section 110(a)(2)(G) of the CAA for the 2008 ozone, 2010 SO2, and 2010 NO2 NAAQS. * * * * * * * Interstate Pollution Transport District of 6/6/14 2/19/16, 81 FR This action addresses Requirements for the 2010 NO2 Columbia. 8406. the infrastructure NAAQS. element of CAA section 110(a)(2)(D)(i)(I), or the good neighbor provision, for the 2010 NO2 NAAQS. [[Page 14461]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-05201 Filed 3-20-17; 8:45 am] BILLING CODE 6560-50-P
![14458 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations
* * * * * approved SIPs, as a result of 2. Removing the five existing entries for
[FR Doc. 2017–05059 Filed 3–20–17; 8:45 am] consultations between EPA and the chapter 7, section 799 with an EPA approval
BILLING CODE 6560–50–P Office of the Federal Register (OFR). The date prior to April 29, 2013.
description of the revised SIP C. In 40 CFR 52.470(e)
document, IBR procedures and Revising the Applicable Geographic Area
ENVIRONMENTAL PROTECTION ‘‘Identification of plan’’ format are from ‘‘Statewide’’ to ‘‘District of Columbia’’
AGENCY discussed in further detail in the May for the following titled areas currently found
22, 1997 Federal Register document. On within 52.470(e): Regional Haze Plan; Section
40 CFR Part 52 December 7, 1998 (63 FR 67407), EPA 110(a)(2) Infrastructure Requirements for the
[DC104–2052; FRL–9955–98–Region 3] published a document in the Federal 2008 Lead NAAQS; the Clean Air Act (CAA)
Register beginning the new IBR section 128 requirements in relation to State
Air Plan Approval; District of Boards; section 110(a)(2) Infrastructure
procedure for the District of Columbia.
Requirements for the 2010 Nitrogen Dioxide
Columbia; Update to Materials On August 6, 2004 (69 FR 47773), (NO2) National Ambient Air Quality
Incorporated by Reference September 6, 2005 (70 FR 52919), March Standards (NAAQS); Section 110(a)(2)
19, 2009 (74 FR 11647), and February Infrastructure Requirements for the 2008
AGENCY: Environmental Protection
22, 2011 (76 FR 9652), EPA published Ozone NAAQS; Section 110(a)(2)
Agency (EPA).
updates to the IBR material for the Infrastructure Requirements for the 2010
ACTION: Final rule; notice of District of Columbia. Sulfur Dioxide (SO2) NAAQS; Emergency Air
administrative change. Pollution Plan; and the Interstate Pollution
Since the publication of the last IBR Transport Requirements for the 2010 NO2
SUMMARY: The Environmental Protection update, EPA has approved the following NAAQS.
Agency (EPA) is updating the materials regulatory changes to the following
that are incorporated by reference (IBR) District of Columbia regulations: III. Good Cause Exemption
into the District of Columbia state A. Added Regulations and Statutes EPA has determined that today’s rule
implementation plan (SIP). The falls under the ‘‘good cause’’ exemption
1. Chapter 2 (General and Non-attainment
regulations affected by this update have Area Permits), sections 208 and 210. in section 553(b)(3)(B) of the
been previously submitted by the 2. Chapter 7 (Volatile Organic Administrative Procedures Act (APA)
District of Columbia Department of Compounds), sections 714, 755 through 758 which, upon finding ‘‘good cause,’’
Energy and Environment (DoEE) and inclusive, and 763 through 778 inclusive. authorizes agencies to dispense with
approved by EPA. This update affects 3. DC Official Code, Title I, Chapter 11A, public participation and section
the SIP materials that are available for (Government Ethics and Accountability), 553(d)(3) which allows an agency to
public inspection at the National sections 1–1161.01(Definitions), 1–1161.23 make a rule effective immediately
Archives and Records Administration (Conflicts of Interest), 1–1161.24 (Public (thereby avoiding the 30-day delayed
(NARA) and the EPA Regional Office. Reporting), and 1–1161.25 (Confidential
effective date otherwise provided for in
Disclosure of Financial Interest).
DATES: This action is effective March 21, the APA). This rule simply codifies
2017. B. Revised Regulations provisions which are already in effect as
ADDRESSES: SIP materials which are 1. Chapter 1 (General), sections 100 and a matter of law in federal and approved
incorporated by reference into 40 CFR 199. state programs. Under section 553 of the
2. Chapter 2 (General and Non-attainment APA, an agency may find good cause
part 52 are available for inspection at Area Permits), sections 200, 204, and 299.
the following locations: Air Protection where procedures are ‘‘impractical,
3. Chapter 7, (Volatile Organic unnecessary, or contrary to the public
Division, U.S. Environmental Protection Compounds), sections 700, 710, 715 through
Agency, Region III, 1650 Arch Street, interest.’’ Public comment is
737 inclusive, 743 through 749, 751 through
Philadelphia, Pennsylvania 19103; and 754 inclusive, and 799. ‘‘unnecessary’’ and ‘‘contrary to the
NARA. For information on the 4. Chapter 10, title change to Air Quality— public interest’’ since the codification
availability of this material at NARA, Non EGU Limits on Nitrogen Oxides only reflects existing law. Immediate
call 202–741–6030, or go to: http:// Emissions, as well as title changes and notice in the Code of Federal Register
www.archives.gov/federal_register/ revisions to sections 1001 through 1004. benefits the public by removing
code_of_federal_regulations/ibr_ C. Removed Regulations outdated citations and incorrect table
locations.html. To view the material at entries.
1. Chapter 2 (General and Non-attainment
the EPA, Region III Office, EPA requests Area Permits), section 206 IV. Incorporation by Reference
that you email the contact listed in the 2. Chapter 7, (Volatile Organic
In this rule, the EPA is finalizing
FOR FURTHER INFORMATION CONTACT Compounds), sections 707, 708, 738 through
742 inclusive, and 750. regulatory text that includes
section.
3. Chapter 10 (Air Quality—Non EGU incorporation by reference. In
FOR FURTHER INFORMATION CONTACT: Limits on Nitrogen Oxides Emissions), accordance with requirements of 1 CFR
Sharon McCauley, (215) 814–3376 or by sections 1005 through 1014 inclusive, and 51.5, the EPA is finalizing the
email at mccauley.sharon@epa.gov. 1099. incorporation by reference of previously
SUPPLEMENTARY INFORMATION: EPA approved regulations promulgated
II. EPA Action
by the District of Columbia and
I. Background federally effective prior to July 1, 2016.
In this action, EPA is doing the
The SIP is a living document which following: Therefore, these materials have been
the state revises as necessary to address approved by EPA for inclusion in the
pmangrum on DSK4SPTVN1PROD with RULES
A. In 40 CFR 52.470(b)
its unique air pollution problems. SIP, have been incorporated by
Therefore, EPA, from time to time, must Announcing the update to the IBR material reference by EPA into that plan, are
take action on SIP revisions containing as of July 1, 2016 and revising the text within fully federally enforceable under
40 CFR 52.470(b).
new and/or revised regulations as being sections 110 and 113 of the CAA as of
part of the SIP. On May 22, 1997 (62 FR B. In 40 CFR 52.470(c) the effective date of the final rulemaking
27968), EPA revised the procedures for 1. Correcting a typographical error in the of EPA’s approval, and will be
incorporating by reference federally title for chapter 7, section 702. incorporated by reference by the
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![Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations 14461
Name of non-regu- Applicable geographic or State submittal EPA approval date Additional explanation
latory SIP revision nonattainment area date
* * * * * * *
[FR Doc. 2017–05201 Filed 3–20–17; 8:45 am] official comment and should include will have adequate legal authority under
BILLING CODE 6560–50–P discussion of all points you wish to state law to implement the program.
make. The EPA will generally not
B. Authority for EPA To Revise Previous
consider comments or comment
ENVIRONMENTAL PROTECTION contents located outside of the primary Action on SIPs
AGENCY submission (i.e. on the web, cloud, or EPA has authority to revise its
other file sharing system). For previous actions taken on SIP
40 CFR Part 52 additional submission methods, please submittals. Two mechanisms are
[EPA–R06–OAR–2011–0695; FRL–9957–41– contact Mr. John Walser, 214–665–7128, available to EPA: The error correction
Region 6] walser.john@epa.gov. For the full EPA mechanism provided under CAA
public comment policy, information section 110(k)(6), and EPA’s general
Approval and Promulgation of about CBI or multimedia submissions, administrative authority to reconsider
Implementation Plans; New Mexico; and general guidance on making its own actions under CAA sections 110
Albuquerque/Bernalillo County; effective comments, please visit http:// and 301(a), in light of case law. CAA
Inspection and Maintenance Program www2.epa.gov/dockets/commenting- section 110(k)(6) provides as follows:
Error Correction epa-dockets.
Docket: The index to the docket for Whenever the Administrator determines
AGENCY: Environmental Protection that the Administrator’s action approving,
this action is available electronically at
Agency (EPA). disapproving, or promulgating any plan or
www.regulations.gov and in hard copy
ACTION: Direct final rule. plan revision (or part thereof), area
at EPA Region 6, 1445 Ross Avenue,
designation, redesignation, classification, or
SUMMARY: Pursuant to the Federal Clean Suite 700, Dallas, Texas. While all reclassification was in error, the
Air Act (CAA or Act), the documents in the docket are listed in Administrator may in the same manner as the
Environmental Protection Agency (EPA) the index, some information may be approval, disapproval, or promulgation
is taking direct final action to correct a publicly available only at the hard copy revise such action as appropriate without
previously approved diesel inspection location (e.g., copyrighted material), and requiring any further submission from the
and maintenance (I/M) program some may not be publicly available at State. Such determination and the basis
provision in Albuquerque/Bernalillo either location (e.g., CBI). thereof shall be provided to the State and
FOR FURTHER INFORMATION CONTACT: Mr. public.
County’s State Implementation Plan
(SIP). This action is based on our John Walser, 214–665–7128,
Therefore, the Administrator has the
determination that at the time EPA walser.john@epa.gov. To inspect the
authority to ‘‘determine[ ]’’ when a SIP
approved the diesel I/M Program the hard copy materials, please schedule an
approval was ‘‘in error,’’ and may then
State did not have the legal authority to appointment with Mr. John Walser or
revise the SIP approval ‘‘as
expand its program to require the testing Mr. Bill Deese at 214–665–7253.
appropriate,’’ in the same manner as the
of 1998 and newer diesel motor vehicles SUPPLEMENTARY INFORMATION: approval, and without requiring any
greater than 1,000 and less than 10,001 Throughout this document ‘‘we,’’ ‘‘us,’’ further submission from the state.1
pounds. and ‘‘our’’ means the EPA.
DATES: This rule is effective on May 22, C. Albuquerque/Bernalillo County
I. Background Submission
2017 without further notice, unless the
EPA receives relevant adverse comment A. Requirements for SIP Submittals and
EPA Action on SIP Submittals On August 1, 2012, EPA proposed to
by April 20, 2017. If the EPA receives approve revisions to the SIP for Air
such comment, the EPA will publish a Congress enacted the National Quality submitted by the City of
timely withdrawal in the Federal Ambient Air Quality Standards Albuquerque/Bernalillo County (the
Register informing the public that this (NAAQS) and SIP requirements in the County) area on July 28, 2011 pursuant
rule will not take effect. 1970 CAA Amendments. CAA section to the Clean Air Act. (77 FR 45530).
ADDRESSES: Submit your comments, 110(a)(1) requires that states adopt and These revisions included provisions
identified by Docket No. EPA–R06– submit to EPA for approval SIPs that that expanded the County’s I/M program
OAR–2011–0695, at http:// implement the NAAQS. CAA section to include 1998 and newer diesel motor
www.regulations.gov or via email to 110(a)(2) contains a detailed list of vehicles greater than 1,000 and less than
walser.john@epa.gov. Follow the online requirements that all SIPs must include 10,001 pounds. The County submitted a
instructions for submitting comments. to be approvable by EPA. Of particular SIP Completeness Checklist pursuant to
Once submitted, comments cannot be relevance to this action is subparagraph 40 CFR 51, Appendix V in which it
edited or removed from Regulations.gov. (E)(i) of CAA section 110(a)(2) which certified that it had the necessary legal
The EPA may publish any comment provides that SIPs must provide authority to include compression
received to its public docket. Do not ‘‘necessary assurances that the state . . . ignition powered (diesel) engine testing
submit electronically any information will have adequate . . . authority under in its I/M program. We received no
pmangrum on DSK4SPTVN1PROD with RULES
you consider to be Confidential State (and as appropriate, local) law to comments on this proposal and
Business Information (CBI) or other carry out such [an] implementation finalized our approval on October 31,
information whose disclosure is plan.’’ As applicable to inspection and 2012. (77 FR 65821).
restricted by statute. Multimedia maintenance programs, this provision
submissions (audio, video, etc.) must be means that EPA may approve the 1 Please see the ‘‘Legal Support’’ document in the
accompanied by a written comment. submitted I/M provisions as part of the docket for a more in depth explanations of the
The written comment is considered the SIP only if EPA is satisfied that the state EPA’s authority to revise previous SIP actions.
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Document Created: 2017-03-21 01:09:31
Document Modified: 2017-03-21 01:09:31
| 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; notice of administrative change. | |
| Dates | This action is effective March 21, 2017. | |
| Contact | Sharon McCauley, (215) 814-3376 or by email at [email protected] | |
| FR Citation | 82 FR 14458 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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