82 FR 37305 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Regional Haze Five-Year Progress Report State Implementation Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 153 (August 10, 2017)
Federal Register Volume 82, Issue 153 (August 10, 2017)
| Page Range | 37305-37307 | |
| FR Document | 2017-16821 |
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)] [Rules and Regulations] [Pages 37305-37307] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16821] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0267; FRL-9965-73-Region 3] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Regional Haze Five-Year Progress Report State Implementation Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the District of Columbia state implementation plan (SIP) submitted by the District of Columbia (the District) through the District of Columbia Department of Energy and Environment (DOEE). The District's SIP submittal addresses requirements of the Clean Air Act (CAA) and EPA's rules that require states to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing SIP addressing regional haze (regional haze SIP). No comments were received in response to EPA's proposed rulemaking action published on May 30, 2017. EPA is approving the District's SIP submittal because EPA has determined that it satisfactorily addresses the progress report and adequacy determination requirements for the first implementation period for regional haze. DATES: This final rule is effective on September 11, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2016-0267. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., 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 https://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On May 30, 2017 (82 FR 24617), EPA published a notice of proposed rulemaking (NPRM) for the District. In the NPRM, EPA proposed approval of the District's regional haze five-year progress report SIP, a report on progress towards RPGs, for the first implementation period. This progress report SIP and accompanying cover letter also included a determination that the District's existing regional haze SIP requires no substantive revision to achieve the established regional haze visibility improvement and emissions reduction goals for 2018. No comments were received in response to EPA's proposed rulemaking notice. States were required to submit, in the form of a SIP revision, a progress report every five years that evaluates progress towards the RPGs for each mandatory Class I Federal area within the state and in each mandatory Class I Federal area outside the state which may be affected by emissions from within the state. See 40 CFR 51.308(g). In addition, the provisions under 40 CFR 51.308(h) require states to submit, at the same time as the 40 CFR 51.308(g) progress report, a determination of the adequacy of the state's existing regional haze SIP. On October 27, 2011, DOEE submitted its first regional haze SIP in accordance with the requirements of 40 CFR 51.308 as they existed at the time. The progress report SIP revision was submitted by DOEE on March 2, 2016 and EPA finds that it satisfies the requirements of 40 CFR 51.308(g) and (h). II. Summary of SIP Revision On March 2, 2016, the District submitted a SIP revision to address progress made towards RPGs. This progress report SIP submittal also included a determination of the adequacy of the District's existing regional haze SIP. The provisions in 40 CFR 51.308(g) require a progress report SIP to address seven elements. EPA finds that the District's progress report SIP addressed each element under 40 CFR 51.308(g). The seven elements and EPA's conclusion are briefly summarized later in this preamble; however, the detailed rationale for EPA's action is explained in the NPR and will not be restated here. The provisions in 40 CFR 51.308(g) require progress reports SIPs to include a description of the status of measures in the approved regional haze SIP; a summary of emissions reductions achieved; an assessment of visibility conditions for each Class I area in the state; an analysis of changes in emissions from source and activities within the state; an assessment of any significant changes in anthropogenic emissions within or outside the state that have limited or impeded progress in Class I areas impacted by the state's sources; an assessment of the sufficiency of the approved regional haze SIP; and a review of the state's visibility monitoring strategy. As explained in detail in the NPR, EPA finds that the District's progress report SIP submittal addressed each element and has therefore satisfied the requirements under 40 CFR 51.308(g). [[Page 37306]] In addition, pursuant to 40 CFR 51.308(h), states are required to submit, at the same time as the progress report submission, a determination of the adequacy of their existing regional haze SIP and to take one of four possible actions based on information in the progress report. One possible action is submission of a negative declaration to EPA that no further substantive revision to the state's existing regional haze SIP is needed. In its progress report, the District submitted a negative declaration that it had determined that the existing regional haze SIP requires no substantive revision to achieve the RPGs for Class I areas. As explained in detail in the NPR, EPA concludes that the District adequately addressed 40 CFR 51.308(h) because decreasing emissions of visibility impairing pollutants, lack of Class I area impact from pollution sources within the District,\1\ and progress of regional Class I areas near the District towards RPGs for 2018 indicate that no further revisions to the District's SIP are necessary for this first regional haze implementation period. Therefore, EPA concludes that the District's progress report SIP meets the requirements of 40 CFR 52.308(h). --------------------------------------------------------------------------- \1\ See 77 FR 5191, February 2, 2012 (discussing the District's lack of impacts on Class I areas). --------------------------------------------------------------------------- III. Final Action In accordance with section 110 of the CAA, EPA is approving the District's regional haze five-year progress report SIP revision, submitted on March 2, 2016, as meeting the applicable regional haze requirements set forth in 40 CFR 51.308(g) and (h). IV. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 October 10, 2017. 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 to approve the District's regional haze five-year progress report SIP revision 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 21, 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. In Sec. 52.470, the table in paragraph (e) is amended by adding an entry entitled ``Regional Haze Five-Year Progress Report'' to the end of the table to read as follows: Sec. 52.470 Identification of plan. * * * * * (e) * * * [[Page 37307]] ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State EPA approval Additional revision area submittal date date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Regional Haze Five-Year District of Columbia..... 03/02/16 08/10/17 [Insert Addresses Progress Report. Federal requirements of 40 Register CFR 51.308(g) and citation]. (h) for Regional Haze Five-Year Progress Report. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-16821 Filed 8-9-17; 8:45 am] BILLING CODE 6560-50-P
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AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued
EPA
State citation Title/subject State effective date approval Federal Register Notice
date
* * * * * * *
1 EPA did not take action on the version of Regulation 61–62.5, Standard No. 7, paragraph (b)(32)(i)(a) state effective on December 27, 2013,
included in a SIP revision submitted by the State on April 10, 2014, because this version contains changes to a phrase regarding ethanol pro-
duction facilities that is not in the SIP. South Carolina submitted a SIP revision on April 14, 2009, that includes the phrase ‘‘except ethanol pro-
duction facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or
312140,’’ as amended in the Ethanol Rule (72 FR 24060 (May 1, 2007)), at Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and
(i)1(vii)(t) and at Standard No. 7.1, paragraphs (c)7(C)(xx) and (e)(T). EPA has not taken action to approve that portion of the April 14, 2009, SIP
revision and incorporate this phrase into the SIP. The version of Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and
Standard No. 7.1, paragraphs (c)(7)(C)(xx) and (e)(T) was state effective on June 24, 2005 and conditionally approved by EPA on June 2, 2008
(73 FR 31369), and were fully approved on June 23, 2011 (76 FR 36875).
* * * * * documents in the docket are listed on report, a determination of the adequacy
[FR Doc. 2017–16810 Filed 8–9–17; 8:45 am] the http://www.regulations.gov Web of the state’s existing regional haze SIP.
BILLING CODE 6560–50–P site. Although listed in the index, some On October 27, 2011, DOEE submitted
information is not publicly available, its first regional haze SIP in accordance
e.g., confidential business information with the requirements of 40 CFR 51.308
ENVIRONMENTAL PROTECTION (CBI) or other information whose as they existed at the time. The progress
AGENCY disclosure is restricted by statute. report SIP revision was submitted by
Certain other material, such as DOEE on March 2, 2016 and EPA finds
40 CFR Part 52 copyrighted material, is not placed on that it satisfies the requirements of 40
[EPA–R03–OAR–2016–0267; FRL–9965–73– the Internet and will be publicly CFR 51.308(g) and (h).
Region 3] available only in hard copy form.
II. Summary of SIP Revision
Publicly available docket materials are
Approval and Promulgation of Air available through https:// On March 2, 2016, the District
Quality Implementation Plans; District www.regulations.gov, or please contact submitted a SIP revision to address
of Columbia; Regional Haze Five-Year the person identified in the FOR FURTHER progress made towards RPGs. This
Progress Report State Implementation INFORMATION CONTACT section for progress report SIP submittal also
Plan additional availability information. included a determination of the
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Sara adequacy of the District’s existing
Agency (EPA). Calcinore, (215) 814–2043, or by email regional haze SIP.
ACTION: Final rule. at calcinore.sara@epa.gov. The provisions in 40 CFR 51.308(g)
SUPPLEMENTARY INFORMATION: require a progress report SIP to address
SUMMARY: The Environmental Protection seven elements. EPA finds that the
Agency (EPA) is approving a revision to I. Background District’s progress report SIP addressed
the District of Columbia state On May 30, 2017 (82 FR 24617), EPA each element under 40 CFR 51.308(g).
implementation plan (SIP) submitted by published a notice of proposed The seven elements and EPA’s
the District of Columbia (the District) rulemaking (NPRM) for the District. In conclusion are briefly summarized later
through the District of Columbia the NPRM, EPA proposed approval of in this preamble; however, the detailed
Department of Energy and Environment the District’s regional haze five-year rationale for EPA’s action is explained
(DOEE). The District’s SIP submittal progress report SIP, a report on progress in the NPR and will not be restated here.
addresses requirements of the Clean Air towards RPGs, for the first The provisions in 40 CFR 51.308(g)
Act (CAA) and EPA’s rules that require implementation period. This progress require progress reports SIPs to include
states to submit periodic reports report SIP and accompanying cover a description of the status of measures
describing progress towards reasonable letter also included a determination that in the approved regional haze SIP; a
progress goals (RPGs) established for the District’s existing regional haze SIP summary of emissions reductions
regional haze and a determination of the requires no substantive revision to achieved; an assessment of visibility
adequacy of the state’s existing SIP achieve the established regional haze conditions for each Class I area in the
addressing regional haze (regional haze visibility improvement and emissions state; an analysis of changes in
SIP). No comments were received in reduction goals for 2018. No comments emissions from source and activities
response to EPA’s proposed rulemaking were received in response to EPA’s within the state; an assessment of any
action published on May 30, 2017. EPA proposed rulemaking notice. significant changes in anthropogenic
is approving the District’s SIP submittal States were required to submit, in the emissions within or outside the state
because EPA has determined that it form of a SIP revision, a progress report that have limited or impeded progress
satisfactorily addresses the progress every five years that evaluates progress in Class I areas impacted by the state’s
report and adequacy determination towards the RPGs for each mandatory sources; an assessment of the
requirements for the first Class I Federal area within the state and sufficiency of the approved regional
implementation period for regional
mstockstill on DSK30JT082PROD with RULES
in each mandatory Class I Federal area haze SIP; and a review of the state’s
haze. outside the state which may be affected visibility monitoring strategy. As
DATES: This final rule is effective on by emissions from within the state. See explained in detail in the NPR, EPA
September 11, 2017. 40 CFR 51.308(g). In addition, the finds that the District’s progress report
ADDRESSES: EPA has established a provisions under 40 CFR 51.308(h) SIP submittal addressed each element
docket for this action under Docket ID require states to submit, at the same and has therefore satisfied the
Number EPA–R03–OAR–2016–0267. All time as the 40 CFR 51.308(g) progress requirements under 40 CFR 51.308(g).
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Applicable State submittal
Name of non-regulatory SIP revision EPA approval date Additional explanation
geographic area date
* * * * * * *
Regional Haze Five-Year Progress Re- District of Columbia 03/02/16 08/10/17 [Insert Addresses requirements of 40 CFR
port. Federal Register 51.308(g) and (h) for Regional Haze
citation]. Five-Year Progress Report.
[FR Doc. 2017–16821 Filed 8–9–17; 8:45 am] Regional Office’s official hours of the CAA. Accordingly, this action
BILLING CODE 6560–50–P business are Monday through Friday, merely approves state law as meeting
8:30 to 4:30, excluding federal holidays. federal requirements and does not
FOR FURTHER INFORMATION CONTACT: impose additional requirements beyond
ENVIRONMENTAL PROTECTION Kristin Hall, Air Planning Unit, Office of those imposed by state law. For that
AGENCY Air and Waste (OAW–150), reason, this action:
Environmental Protection Agency— • Is not a significant regulatory action
40 CFR Part 52 Region 10, 1200 Sixth Ave., Seattle, WA subject to review by the Office of
[EPA–R10–OAR–2017–0040; FRL–9965–76– 98101; telephone number: (206) 553– Management and Budget under
Region 10] 6357; email address: hall.kristin@ Executive Orders 12866 (58 FR 51735,
epa.gov. October 4, 1993) and 13563 (76 FR 3821,
Air Plan Approval; Alaska: January 21, 2011);
SUPPLEMENTARY INFORMATION:
Infrastructure Requirements for the • Does not impose an information
2008 Lead National Ambient Air Quality Throughout this document wherever
collection burden under the provisions
Standards ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
of the Paperwork Reduction Act (44
intended to refer to the EPA.
U.S.C. 3501 et seq.);
AGENCY: Environmental Protection
Table of Contents • Is certified as not having a
Agency (EPA).
significant economic impact on a
ACTION: Final rule. I. Background
II. Final Action substantial number of small entities
SUMMARY: Whenever a new or revised III. Statutory and Executive Orders Review under the Regulatory Flexibility Act (5
National Ambient Air Quality Standard U.S.C. 601 et seq.);
(NAAQS) is promulgated, each state
I. Background • Does not contain any unfunded
must submit a plan for the On July 9, 2012, Alaska submitted a mandate or significantly or uniquely
implementation, maintenance, and SIP to meet the infrastructure affect small governments, as described
enforcement of such standard, requirements of CAA sections 110(a)(1) in the Unfunded Mandates Reform Act
commonly referred to as infrastructure and (2) for multiple NAAQS, including of 1995 (Pub. L. 104–4);
requirements. On July 9, 2012, Alaska the Pb NAAQS. On May 31, 2017, the • Does not have Federalism
submitted a plan to address the EPA proposed to approve the implications as specified in Executive
infrastructure requirements for the lead submission as meeting certain Order 13132 (64 FR 43255, August 10,
(Pb) NAAQS promulgated on October infrastructure requirements for the Pb 1999);
15, 2008. The Environmental Protection NAAQS (82 FR 24914). Please see our • Is not an economically significant
Agency (EPA) is approving the plan as proposed rulemaking for further regulatory action based on health or
meeting Clean Air Act (CAA) explanation and the basis for our safety risks subject to Executive Order
requirements. finding. The public comment period for 13045 (62 FR 19885, April 23, 1997);
this proposal ended on June 30, 2017. • Is not a significant regulatory action
DATES: This final rule is effective subject to Executive Order 13211 (66 FR
We received no comments.
September 11, 2017. 28355, May 22, 2001);
ADDRESSES: The EPA has established a II. Final Action • Is not subject to requirements of
docket for this action under Docket ID The EPA is approving Alaska’s July 9, section 12(d) of the National
No. EPA–R10–OAR–2017–0040. All 2012, SIP submission as meeting the Technology Transfer and Advancement
documents in the docket are listed on following CAA section 110(a)(2) Act of 1995 (15 U.S.C. 272 note) because
the https://www.regulations.gov Web infrastructure elements for the 2008 Pb this action does not involve technical
site. Although listed in the index, some NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), standards; and
information may not be publicly (E), (F), (G), (H), (J), (K), (L), and (M). We • Does not provide the EPA with the
available, i.e., Confidential Business note that this action does not address discretionary authority to address, as
Information or other information the CAA section 110(a)(2)(D)(i)(I) for the appropriate, disproportionate human
disclosure of which is restricted by 2008 Pb NAAQS, which was approved health or environmental effects, using
statute. Certain other material, such as on August 4, 2014 (79 FR 45103). practicable and legally permissible
copyrighted material, is not placed on methods, under Executive Order 12898
the Internet and is publicly available III. Statutory and Executive Orders (59 FR 7629, February 16, 1994).
only in hard copy form. Public docket Review In addition, the SIP is not approved
materials are available at https:// Under the CAA, the Administrator is to apply on any Indian reservation land
mstockstill on DSK30JT082PROD with RULES
www.regulations.gov or at the EPA required to approve a SIP submission or in any other area where the EPA or
Region 10 Office of Air and Waste, 1200 that complies with the provisions of the an Indian Tribe has demonstrated that a
Sixth Avenue, Seattle, Washington CAA and applicable federal regulations. Tribe has jurisdiction. In those areas of
98101. The EPA requests that you 42 U.S.C. 7410(k); 40 CFR 52.02(a). Indian country, the rule does not have
contact the person listed in the FOR Thus, in reviewing SIP submissions, the Tribal implications as specified by
FURTHER INFORMATION CONTACT section EPA’s role is to approve state choices, Executive Order 13175 (65 FR 67249,
below, to schedule your inspection. The provided that they meet the criteria of November 9, 2000).
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Document Created: 2017-08-10 01:01:04
Document Modified: 2017-08-10 01:01:04
| 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 September 11, 2017. | |
| Contact | Sara Calcinore, (215) 814-2043, or by email at [email protected] | |
| FR Citation | 82 FR 37305 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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