83_FR_44668 83 FR 44498 - Air Plan Approval; District of Columbia; State Implementation Plan for the Interstate Transport Requirements for the 2008 Ozone Standard

83 FR 44498 - Air Plan Approval; District of Columbia; State Implementation Plan for the Interstate Transport Requirements for the 2008 Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 170 (August 31, 2018)

Page Range44498-44500
FR Document2018-18855

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the District of Columbia (the District) that pertains to the good neighbor and interstate transport requirements of the Clean Air Act (CAA) for the 2008 ozone national ambient air quality standards (NAAQS). The CAA's good neighbor provision requires EPA and states to address the interstate transport of air pollution that affects the ability of other states to attain and maintain the NAAQS. Specifically, the good neighbor provision requires each state in its SIP to prohibit emissions that will significantly contribute to nonattainment, or interfere with maintenance, of a NAAQS in another state. The District submitted a SIP revision on June 13, 2014 that addresses the interstate transport requirements for the 2008 ozone NAAQS. On July 5, 2018, EPA published a proposed rule for just the good neighbor provision of the District's June 13, 2014 submittal. EPA is approving the District's SIP as having adequate provisions to meet the requirements of the good neighbor provision for the 2008 ozone NAAQS in accordance with section 110 of the CAA.

Federal Register, Volume 83 Issue 170 (Friday, August 31, 2018)
[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Rules and Regulations]
[Pages 44498-44500]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18855]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0701; FRL-9983-11--Region 3]


Air Plan Approval; District of Columbia; State Implementation 
Plan for the Interstate Transport Requirements for the 2008 Ozone 
Standard

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) that pertains to the good neighbor and 
interstate transport requirements of the Clean Air Act (CAA) for the 
2008 ozone national ambient air quality standards (NAAQS). The CAA's 
good neighbor provision requires EPA and states to address the 
interstate transport of air pollution that affects the ability of other 
states to attain and maintain the NAAQS. Specifically, the good 
neighbor provision requires each state in its SIP to prohibit emissions 
that will significantly contribute to nonattainment, or interfere with 
maintenance, of a NAAQS in another state. The District submitted a SIP 
revision on June 13, 2014 that addresses the interstate transport 
requirements for the 2008 ozone NAAQS. On July 5, 2018, EPA published a 
proposed rule for just the good neighbor provision of the District's 
June 13, 2014 submittal. EPA is approving the District's SIP as having 
adequate provisions to meet the requirements of the good neighbor 
provision for the 2008 ozone NAAQS in accordance with section 110 of 
the CAA.

DATES: This final rule is effective on October 1, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0701. All documents in the docket are listed on 
the http://www.regulations.gov website. 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 
http://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by 
email at schmitt.ellen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 13, 2014, the District Department of the Environment (DDOE) 
on behalf of the District submitted a revision to its SIP to satisfy 
the requirements of section 110(a)(2) of the CAA for the 2008 ozone 
NAAQS. On April 13, 2015 (80 FR 19538), EPA approved all parts of the 
District's June 13, 2014 submittal with the exception of the portion of 
the submittal that addressed section 110(a)(2)(D)(i)(I) of the CAA. 
Section 110(a)(2)(D)(i)(I), also called the good neighbor provision, 
consists of two prongs that require that a state's \1\ SIP must contain 
adequate provisions to prohibit any source or other type of emissions 
activity within the state from emitting air pollutants that 
``contribute significantly to nonattainment in, or interfere with 
maintenance by, any other state with respect to any such national 
primary or secondary ambient air quality standard.'' Under section 
110(a)(2)(D)(i)(I) of the CAA, EPA gives independent significance to 
the matter of nonattainment (prong 1) and to that of maintenance (prong 
2).
---------------------------------------------------------------------------

    \1\ The term state has the same meaning as provided in CAA 
section 302(d) which specifically includes the District of Columbia.
---------------------------------------------------------------------------

    On July 5, 2018 (83 FR 31350), EPA published a notice of proposed 
rulemaking (NPR) for the District of Columbia, approving the portion of 
the June 13, 2014 District SIP revision addressing prongs 1 and 2 of 
the interstate transport requirements for section 110(a)(2)(D)(i)(I) 
for the 2008 ozone NAAQS.\2\
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    \2\ All the other infrastructure SIP elements for the District 
for the 2008 ozone NAAQS were addressed in a separate rulemaking. 
See 80 FR 19538 (April 13, 2015).
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II. Summary of SIP Revision and EPA Analysis

    In its June 13, 2014 submittal, the District identified the 
implemented regulations within its SIP that limit nitrogen dioxide 
(NOX) and/or volatile organic compound (VOC) emissions from 
District sources.\3\ The District indicates that there are no electric 
generating units (EGUs) \4\ or other large industrial sources of 
NOX emissions within the District. In the submittal, the 
District also included information on non-EGUs and mobile sources and 
listed the SIP-approved measures that help to reduce NOX and 
VOC emissions from non-EGU and mobile sources within the District. In 
the submittal, the District points out that it will continue to rely on 
federal measures to reduce NOX emissions from onroad and 
nonroad engines. The District states its sources are already well 
controlled, and states further reductions beyond the District's current 
SIP measures are not economically feasible.
---------------------------------------------------------------------------

    \3\ Both NOX and VOCs are precursors to ozone 
formation.
    \4\ The District's last remaining EGUs were decommissioned in 
2012, in part to meet permit requirements incorporated into the 
District's Regional Haze SIP. 77 FR 5191 (February 2, 2012).
---------------------------------------------------------------------------

    EPA evaluated the District's submittal for the 2008 ozone NAAQS, 
considering: Ozone precursor emissions; an analysis of District source 
sectors; and in-place controls and regulations. Due to the District's 
small number of sources and the high cost of further reductions, EPA 
proposed in its July 5, 2018 NPR that the District's SIP, as presently 
approved, contains adequate measures to prevent District sources from 
interfering with maintenance or contributing significantly to 
nonattainment in another state for the 2008 ozone NAAQS. The rationale 
for EPA's proposed action was discussed in greater detail in the NPR 
and accompanying technical support document (TSD) and will not be 
restated here.

[[Page 44499]]

    In this rulemaking action, EPA is approving one portion of the 
District's June 13, 2014 submittal--the portion addressing prongs 1 and 
2 of section 110(a)(2)(D)(i)(I) of the CAA. EPA previously acted on 
other portions of Delaware's June 13, 2014 SIP submittal for the 2008 
ozone NAAQS.\5\
---------------------------------------------------------------------------

    \5\ On April 13, 2015 (80 FR 19538), EPA approved portions of 
the District's June 13, 2014 submittal for the 2008 ozone NAAQS 
addressing the following: CAA section 110(a)(2)(A), (B), (C), 
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). In 
that action, EPA stated it would take later action on the portion of 
the June 13, 2014 SIP submittal addressing section 
110(a)(2)(D)(i)(I) of the CAA.
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III. Comments and EPA's Response

    EPA received a total of four anonymous comments on the July 5, 2018 
NPR. All of the comments received are included in the docket for this 
action. Three of the comments did not concern any of the specific 
issues raised in the NPR, nor did they address EPA's rationale for the 
proposed approval of the District's submittal. Therefore, EPA is not 
responding to those comments. EPA did receive one comment considered to 
be relevant to this rulemaking action.
    The commenter indicates that EPA was supposed to take action on the 
District's SIP revision within 12 months of receiving the SIP 
submittal. The commenter also indicates the length of time (4 years) it 
took for EPA to approve the SIP revision from the time of its submittal 
and questions if transported pollution could have been eliminated if 
SIP revisions like this one were approved in a timely manner. The 
commenter asks what air quality and human health impacts the delay of 
this action has had on neighboring states.
    EPA acknowledges that it missed the statutory deadline to take 
action on the good neighbor portion of the District's June 13, 2014 SIP 
submittal.\6\ However, at this time, EPA is taking final action on this 
SIP revision, and by doing so it will meet all such outstanding 
obligations under the CAA. The commenter provided no analysis of the 
statutory consequences, if any, from the action. Further, EPA disagrees 
with the commenter's questioning that the delayed action on the good 
neighbor portions of the District's SIP revision has impacted air 
quality and human health in neighboring states. As explained in the 
NPR, EPA believes that the District's SIP, as presently approved, 
contains adequate measures to prevent District sources from interfering 
with other states' attainment and/or maintenance for the 2008 ozone 
NAAQS. Thus, EPA's late action on the good neighbor portion of the 
District of Columbia's June 13, 2014 SIP submittal did not cause any 
delay in air quality and human health protections as the SIP relies on 
already in-place regulations and controls that prevent District sources 
from significantly contributing to nonattainment, or interfering with 
maintenance, of the 2008 ozone NAAQS in another state.
---------------------------------------------------------------------------

    \6\ For clarification, section 110(k)(2) requires EPA to take 
action 12 months after a SIP revision becomes complete, not 12 
months after it is submitted, as the commenter indicates.
---------------------------------------------------------------------------

IV. Final Action

    EPA is approving the portion of the June 13, 2014 District SIP 
revision addressing prongs 1 and 2 of the interstate transport 
requirements for section 110(a)(2)(D)(i)(I) of the CAA for the 2008 
ozone NAAQS.
    On April 13, 2015 (80 FR 19538), EPA approved the following 
infrastructure elements or portions thereof from the June 13, 2014 
submittal: CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), 
(E), (F), (G), (H), (J), (K), (L), and (M). This action approves the 
remaining portions of the June 13, 2014 SIP revision, which address 
prongs 1 and 2 of section 110(a)(2)(D)(i)(I) of the CAA, also known as 
the good neighbor provision. EPA did not take action upon these 
elements in the Agency's prior SIP approval action, published on April 
13, 2015 (80 FR 19538).

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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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

[[Page 44500]]

Court of Appeals for the appropriate circuit by October 30, 2018. 
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 of Columbia's good neighbor provision for the 2008 ozone 
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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: August 21, 2018.
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 a 
new entry for ``Section 110(a)(2) Infrastructure Requirements for the 
2008 Ozone NAAQS'' after the existing entry for ``Section 110(a)(2) 
Infrastructure Requirements for the 2008 Ozone NAAQS'' to read as 
follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure   District of                 6/13/14  8/31/18, [Insert     This action
 Requirements for the 2008 Ozone    Columbia.                            Federal Register     addresses CAA
 NAAQS.                                                                  citation].           element
                                                                                              110(a)(2)(D)(i)(I)
                                                                                              .
 
                                                  * * * * * * *
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[FR Doc. 2018-18855 Filed 8-30-18; 8:45 am]
BILLING CODE 6560-50-P



                                             44498                Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations

                                                                                             EPA-APPROVED MICHIGAN REGULATIONS—Continued
                                                                                                                                 State
                                             Michigan citation                                Title                             effective            EPA approval date                     Comments
                                                                                                                                  date

                                                        *                        *                       *                      *                       *                      *                       *



                                             *      *       *       *      *                           the http://www.regulations.gov website.               interstate transport requirements for
                                             [FR Doc. 2018–18853 Filed 8–30–18; 8:45 am]               Although listed in the index, some                    section 110(a)(2)(D)(i)(I) for the 2008
                                             BILLING CODE 6560–50–P                                    information is not publicly available,                ozone NAAQS.2
                                                                                                       e.g., confidential business information
                                                                                                                                                             II. Summary of SIP Revision and EPA
                                                                                                       (CBI) or other information whose
                                             ENVIRONMENTAL PROTECTION                                                                                        Analysis
                                                                                                       disclosure is restricted by statute.
                                             AGENCY                                                    Certain other material, such as                          In its June 13, 2014 submittal, the
                                                                                                       copyrighted material, is not placed on                District identified the implemented
                                             40 CFR Part 52                                            the internet and will be publicly                     regulations within its SIP that limit
                                             [EPA–R03–OAR–2014–0701; FRL–9983–                         available only in hard copy form.                     nitrogen dioxide (NOX) and/or volatile
                                             11—Region 3]                                              Publicly available docket materials are               organic compound (VOC) emissions
                                                                                                       available through http://                             from District sources.3 The District
                                             Air Plan Approval; District of                            www.regulations.gov, or please contact                indicates that there are no electric
                                             Columbia; State Implementation Plan                       the person identified in the FOR FURTHER              generating units (EGUs) 4 or other large
                                             for the Interstate Transport                              INFORMATION CONTACT section for                       industrial sources of NOX emissions
                                             Requirements for the 2008 Ozone                           additional availability information.                  within the District. In the submittal, the
                                             Standard                                                  FOR FURTHER INFORMATION CONTACT:                      District also included information on
                                             AGENCY:  Environmental Protection                         Ellen Schmitt, (215) 814–5787, or by                  non-EGUs and mobile sources and listed
                                             Agency (EPA).                                             email at schmitt.ellen@epa.gov.                       the SIP-approved measures that help to
                                             ACTION: Final rule.                                       SUPPLEMENTARY INFORMATION:                            reduce NOX and VOC emissions from
                                                                                                                                                             non-EGU and mobile sources within the
                                             SUMMARY:    The Environmental Protection                  I. Background                                         District. In the submittal, the District
                                             Agency (EPA) is approving a state                            On June 13, 2014, the District                     points out that it will continue to rely
                                             implementation plan (SIP) revision                        Department of the Environment (DDOE)                  on federal measures to reduce NOX
                                             submitted by the District of Columbia                     on behalf of the District submitted a                 emissions from onroad and nonroad
                                             (the District) that pertains to the good                  revision to its SIP to satisfy the                    engines. The District states its sources
                                             neighbor and interstate transport                         requirements of section 110(a)(2) of the              are already well controlled, and states
                                             requirements of the Clean Air Act (CAA)                   CAA for the 2008 ozone NAAQS. On                      further reductions beyond the District’s
                                             for the 2008 ozone national ambient air                   April 13, 2015 (80 FR 19538), EPA                     current SIP measures are not
                                             quality standards (NAAQS). The CAA’s                      approved all parts of the District’s June             economically feasible.
                                             good neighbor provision requires EPA                      13, 2014 submittal with the exception of                 EPA evaluated the District’s submittal
                                             and states to address the interstate                      the portion of the submittal that                     for the 2008 ozone NAAQS,
                                             transport of air pollution that affects the               addressed section 110(a)(2)(D)(i)(I) of               considering: Ozone precursor emissions;
                                             ability of other states to attain and                     the CAA. Section 110(a)(2)(D)(i)(I), also             an analysis of District source sectors;
                                             maintain the NAAQS. Specifically, the                     called the good neighbor provision,                   and in-place controls and regulations.
                                             good neighbor provision requires each                     consists of two prongs that require that              Due to the District’s small number of
                                             state in its SIP to prohibit emissions that               a state’s 1 SIP must contain adequate                 sources and the high cost of further
                                             will significantly contribute to                          provisions to prohibit any source or                  reductions, EPA proposed in its July 5,
                                             nonattainment, or interfere with                          other type of emissions activity within               2018 NPR that the District’s SIP, as
                                             maintenance, of a NAAQS in another                        the state from emitting air pollutants                presently approved, contains adequate
                                             state. The District submitted a SIP                       that ‘‘contribute significantly to                    measures to prevent District sources
                                             revision on June 13, 2014 that addresses                  nonattainment in, or interfere with                   from interfering with maintenance or
                                             the interstate transport requirements for                 maintenance by, any other state with                  contributing significantly to
                                             the 2008 ozone NAAQS. On July 5,                          respect to any such national primary or               nonattainment in another state for the
                                             2018, EPA published a proposed rule for                   secondary ambient air quality                         2008 ozone NAAQS. The rationale for
                                             just the good neighbor provision of the                   standard.’’ Under section                             EPA’s proposed action was discussed in
                                             District’s June 13, 2014 submittal. EPA                   110(a)(2)(D)(i)(I) of the CAA, EPA gives              greater detail in the NPR and
                                             is approving the District’s SIP as having                 independent significance to the matter                accompanying technical support
                                             adequate provisions to meet the                           of nonattainment (prong 1) and to that                document (TSD) and will not be restated
                                             requirements of the good neighbor                         of maintenance (prong 2).                             here.
                                             provision for the 2008 ozone NAAQS in                        On July 5, 2018 (83 FR 31350), EPA
                                             accordance with section 110 of the                        published a notice of proposed                          2 All the other infrastructure SIP elements for the

                                             CAA.                                                      rulemaking (NPR) for the District of                  District for the 2008 ozone NAAQS were addressed
daltland on DSKBBV9HB2PROD with RULES




                                                                                                       Columbia, approving the portion of the                in a separate rulemaking. See 80 FR 19538 (April
                                             DATES: This final rule is effective on                                                                          13, 2015).
                                             October 1, 2018.                                          June 13, 2014 District SIP revision                     3 Both NO and VOCs are precursors to ozone
                                                                                                                                                                           X
                                                                                                       addressing prongs 1 and 2 of the                      formation.
                                             ADDRESSES: EPA has established a
                                                                                                                                                               4 The District’s last remaining EGUs were
                                             docket for this action under Docket ID                      1 The term state has the same meaning as            decommissioned in 2012, in part to meet permit
                                             Number EPA–R03–OAR–2014–0701. All                         provided in CAA section 302(d) which specifically     requirements incorporated into the District’s
                                             documents in the docket are listed on                     includes the District of Columbia.                    Regional Haze SIP. 77 FR 5191 (February 2, 2012).



                                        VerDate Sep<11>2014     16:04 Aug 30, 2018   Jkt 244001   PO 00000   Frm 00050   Fmt 4700   Sfmt 4700   E:\FR\FM\31AUR1.SGM   31AUR1


                                                                   Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations                                          44499

                                               In this rulemaking action, EPA is                           maintenance for the 2008 ozone                      substantial number of small entities
                                             approving one portion of the District’s                       NAAQS. Thus, EPA’s late action on the               under the Regulatory Flexibility Act (5
                                             June 13, 2014 submittal—the portion                           good neighbor portion of the District of            U.S.C. 601 et seq.);
                                             addressing prongs 1 and 2 of section                          Columbia’s June 13, 2014 SIP submittal                 • does not contain any unfunded
                                             110(a)(2)(D)(i)(I) of the CAA. EPA                            did not cause any delay in air quality              mandate or significantly or uniquely
                                             previously acted on other portions of                         and human health protections as the SIP             affect small governments, as described
                                             Delaware’s June 13, 2014 SIP submittal                        relies on already in-place regulations              in the Unfunded Mandates Reform Act
                                             for the 2008 ozone NAAQS.5                                    and controls that prevent District                  of 1995 (Pub. L. 104–4);
                                                                                                           sources from significantly contributing                • does not have federalism
                                             III. Comments and EPA’s Response                                                                                  implications as specified in Executive
                                                                                                           to nonattainment, or interfering with
                                                EPA received a total of four                               maintenance, of the 2008 ozone NAAQS                Order 13132 (64 FR 43255, August 10,
                                             anonymous comments on the July 5,                             in another state.                                   1999);
                                             2018 NPR. All of the comments received                                                                               • is not an economically significant
                                             are included in the docket for this                           IV. Final Action                                    regulatory action based on health or
                                             action. Three of the comments did not                           EPA is approving the portion of the               safety risks subject to Executive Order
                                             concern any of the specific issues raised                     June 13, 2014 District SIP revision                 13045 (62 FR 19885, April 23, 1997);
                                             in the NPR, nor did they address EPA’s                        addressing prongs 1 and 2 of the                       • is not a significant regulatory action
                                             rationale for the proposed approval of                        interstate transport requirements for               subject to Executive Order 13211 (66 FR
                                             the District’s submittal. Therefore, EPA                      section 110(a)(2)(D)(i)(I) of the CAA for           28355, May 22, 2001);
                                             is not responding to those comments.                          the 2008 ozone NAAQS.                                  • is not subject to requirements of
                                             EPA did receive one comment                                     On April 13, 2015 (80 FR 19538), EPA              Section 12(d) of the National
                                             considered to be relevant to this                             approved the following infrastructure               Technology Transfer and Advancement
                                             rulemaking action.                                            elements or portions thereof from the               Act of 1995 (15 U.S.C. 272 note) because
                                                The commenter indicates that EPA                           June 13, 2014 submittal: CAA section                application of those requirements would
                                             was supposed to take action on the                            110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),        be inconsistent with the CAA; and
                                             District’s SIP revision within 12 months                      (E), (F), (G), (H), (J), (K), (L), and (M).            • does not provide EPA with the
                                             of receiving the SIP submittal. The                           This action approves the remaining                  discretionary authority to address, as
                                             commenter also indicates the length of                        portions of the June 13, 2014 SIP                   appropriate, disproportionate human
                                             time (4 years) it took for EPA to approve                     revision, which address prongs 1 and 2              health or environmental effects, using
                                             the SIP revision from the time of its                         of section 110(a)(2)(D)(i)(I) of the CAA,           practicable and legally permissible
                                             submittal and questions if transported                        also known as the good neighbor                     methods, under Executive Order 12898
                                             pollution could have been eliminated if                       provision. EPA did not take action upon             (59 FR 7629, February 16, 1994).
                                             SIP revisions like this one were                              these elements in the Agency’s prior SIP               In addition, this rule does not have
                                             approved in a timely manner. The                              approval action, published on April 13,             tribal implications as specified by
                                             commenter asks what air quality and                           2015 (80 FR 19538).                                 Executive Order 13175 (65 FR 67249,
                                             human health impacts the delay of this                                                                            November 9, 2000), because the SIP is
                                                                                                           V. Statutory and Executive Order
                                             action has had on neighboring states.                                                                             not approved to apply in Indian country
                                                                                                           Reviews
                                                EPA acknowledges that it missed the                                                                            located in the state, and EPA notes that
                                             statutory deadline to take action on the                      A. General Requirements                             it will not impose substantial direct
                                             good neighbor portion of the District’s                         Under the CAA, the Administrator is               costs on tribal governments or preempt
                                             June 13, 2014 SIP submittal.6 However,                        required to approve a SIP submission                tribal law.
                                             at this time, EPA is taking final action                      that complies with the provisions of the
                                             on this SIP revision, and by doing so it                                                                          B. Submission to Congress and the
                                                                                                           CAA and applicable federal regulations.             Comptroller General
                                             will meet all such outstanding                                42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                             obligations under the CAA. The                                Thus, in reviewing SIP submissions,                    The Congressional Review Act, 5
                                             commenter provided no analysis of the                         EPA’s role is to approve state choices,             U.S.C. 801 et seq., as added by the Small
                                             statutory consequences, if any, from the                      provided that they meet the criteria of             Business Regulatory Enforcement
                                             action. Further, EPA disagrees with the                       the CAA. Accordingly, this action                   Fairness Act of 1996, generally provides
                                             commenter’s questioning that the                              merely approves state law as meeting                that before a rule may take effect, the
                                             delayed action on the good neighbor                           federal requirements and does not                   agency promulgating the rule must
                                             portions of the District’s SIP revision                       impose additional requirements beyond               submit a rule report, which includes a
                                             has impacted air quality and human                            those imposed by state law. For that                copy of the rule, to each House of the
                                             health in neighboring states. As                              reason, this action:                                Congress and to the Comptroller General
                                             explained in the NPR, EPA believes that                         • Is not a ‘‘significant regulatory               of the United States. EPA will submit a
                                             the District’s SIP, as presently approved,                    action’’ subject to review by the Office            report containing this action and other
                                             contains adequate measures to prevent                         of Management and Budget under                      required information to the U.S. Senate,
                                             District sources from interfering with                        Executive Orders 12866 (58 FR 51735,                the U.S. House of Representatives, and
                                             other states’ attainment and/or                               October 4, 1993) and 13563 (76 FR 3821,             the Comptroller General of the United
                                                                                                           January 21, 2011);                                  States prior to publication of the rule in
                                               5 On April 13, 2015 (80 FR 19538), EPA approved
                                                                                                             • is not an Executive Order 13771 (82             the Federal Register. A major rule
                                             portions of the District’s June 13, 2014 submittal for        FR 9339, February 2, 2017) regulatory               cannot take effect until 60 days after it
                                             the 2008 ozone NAAQS addressing the following:
                                             CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),      action because SIP approvals are                    is published in the Federal Register.
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                                             (E), (F), (G), (H), (J), (K), (L), and (M). In that action,   exempted under Executive Order 12866.               This action is not a ‘‘major rule’’ as
                                             EPA stated it would take later action on the portion            • does not impose an information                  defined by 5 U.S.C. 804(2).
                                             of the June 13, 2014 SIP submittal addressing                 collection burden under the provisions
                                             section 110(a)(2)(D)(i)(I) of the CAA.
                                                                                                           of the Paperwork Reduction Act (44                  C. Petitions for Judicial Review
                                               6 For clarification, section 110(k)(2) requires EPA

                                             to take action 12 months after a SIP revision                 U.S.C. 3501 et seq.);                                 Under section 307(b)(1) of the CAA,
                                             becomes complete, not 12 months after it is                     • is certified as not having a                    petitions for judicial review of this
                                             submitted, as the commenter indicates.                        significant economic impact on a                    action must be filed in the United States


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                                             44500              Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations

                                             Court of Appeals for the appropriate                    List of Subjects in 40 CFR Part 52                            Authority: 42 U.S.C. 7401 et seq.
                                             circuit by October 30, 2018. Filing a                     Environmental protection, Air
                                             petition for reconsideration by the                                                                               Subpart J—District of Columbia
                                                                                                     pollution control, Incorporation by
                                             Administrator of this final rule does not               reference, Nitrogen dioxide, Ozone,
                                             affect the finality of this action for the              Volatile organic compounds.                               ■  2. In § 52.470, the table in paragraph
                                             purposes of judicial review nor does it                                                                           (e) is amended by adding a new entry
                                                                                                       Dated: August 21, 2018.
                                             extend the time within which a petition                                                                           for ‘‘Section 110(a)(2) Infrastructure
                                                                                                     Cecil Rodrigues,                                          Requirements for the 2008 Ozone
                                             for judicial review may be filed, and
                                                                                                     Acting Regional Administrator, Region III.                NAAQS’’ after the existing entry for
                                             shall not postpone the effectiveness of
                                             such rule or action. This action,                           40 CFR part 52 is amended as follows:                 ‘‘Section 110(a)(2) Infrastructure
                                             addressing the District of Columbia’s                                                                             Requirements for the 2008 Ozone
                                                                                                     PART 52—APPROVAL AND                                      NAAQS’’ to read as follows:
                                             good neighbor provision for the 2008                    PROMULGATION OF
                                             ozone NAAQS, may not be challenged                      IMPLEMENTATION PLANS                                      § 52.470    Identification of plan.
                                             later in proceedings to enforce its
                                             requirements. (See section 307(b)(2).)                  ■ 1. The authority citation for part 52                   *       *    *         *     *
                                                                                                     continues to read as follows:                                 (e) * * *

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


                                                      *                     *                        *                            *                       *                    *                  *
                                             Section 110(a)(2) Infrastructure       District of Columbia .........              6/13/14     8/31/18, [Insert Federal      This action addresses CAA element
                                               Requirements for the 2008                                                                      Register citation].           110(a)(2)(D)(i)(I).
                                               Ozone NAAQS.

                                                       *                       *                         *                        *                       *                      *                      *



                                             [FR Doc. 2018–18855 Filed 8–30–18; 8:45 am]             nonattainment or interfere with                           and Wyoming as meeting the interstate
                                             BILLING CODE 6560–50–P                                  maintenance of the 2010 SO2 NAAQS in                      transport requirements of CAA section
                                                                                                     any other state.                                          110(a)(2)(D)(i)(I) for the 2010 SO2
                                                                                                     DATES: This rule is effective on October                  NAAQS (83 FR 25617). An explanation
                                             ENVIRONMENTAL PROTECTION                                1, 2018.                                                  of the CAA requirements, a detailed
                                             AGENCY                                                  ADDRESSES: The EPA has established a
                                                                                                                                                               analysis of the states’ submissions, and
                                                                                                     docket for this action under Docket ID                    the EPA’s rationale for approval of each
                                             40 CFR Part 52                                                                                                    submission were all provided in the
                                                                                                     Number EPA– EPA–R08–OAR–2018–
                                                                                                     0109. All documents in the docket are                     notice of proposed rulemaking, and will
                                             [EPA–R08–OAR–2018–0109; FRL–9982–
                                             81—Region 8]                                            listed on the http://www.regulations.gov                  not be restated here. The public
                                                                                                                                                               comment period for this proposed rule
                                                                                                     website. Although listed in the index,
                                             Interstate Transport Prongs 1 and 2 for                                                                           ended on July 5, 2018. The EPA
                                                                                                     some information is not publicly
                                             the 2010 Sulfur Dioxide (SO2) Standard                                                                            received one comment letter from the
                                                                                                     available, e.g., confidential business
                                             for Colorado, Montana, North Dakota,                                                                              North Dakota Department of Health
                                                                                                     information (CBI) or other information
                                             South Dakota and Wyoming                                                                                          (NDDH), one comment letter from the
                                                                                                     whose disclosure is restricted by statute.
                                                                                                                                                               Wyoming Department of Environmental
                                             AGENCY:  Environmental Protection                       Certain other material, such as
                                                                                                                                                               Quality (WDEQ) and six anonymous
                                             Agency (EPA).                                           copyrighted material, is not placed on
                                                                                                                                                               comments on the proposal. The six
                                                                                                     the internet and will be publicly
                                             ACTION: Final rule.                                                                                               anonymous comments lacked the
                                                                                                     available only in hard copy form.
                                                                                                                                                               required specificity to the Colorado,
                                             SUMMARY:   The Environmental Protection                 Publicly available docket materials are
                                                                                                                                                               Montana, North Dakota, South Dakota or
                                             Agency (EPA) is approving portions of                   available through http://
                                                                                                                                                               Wyoming SIP submissions and the
                                             State Implementation Plan (SIP)                         www.regulations.gov, or please contact
                                                                                                                                                               interstate transport requirements of
                                             submissions from Colorado, Montana,                     the person identified in the ‘‘For Further
                                                                                                                                                               CAA section 110(a)(2)(D)(i)(I). NDDH
                                             North Dakota, South Dakota and                          Information Contact’’ section for
                                                                                                                                                               and WDEQ’s comments are addressed
                                             Wyoming addressing the Clean Air Act                    additional availability information.
                                                                                                                                                               below, while the anonymous comments
                                             (CAA or Act) interstate transport SIP                   FOR FURTHER INFORMATION CONTACT:                          are not addressed because they fall
                                             requirements for the 2010 sulfur dioxide                Adam Clark, Air Program, U.S. EPA                         outside the scope of our proposed
                                             (SO2) National Ambient Air Quality                      Region 8, Mailcode 8P–AR, 1595                            action.
                                             Standard (NAAQS). These submissions                     Wynkoop Street, Denver, Colorado
                                             address the requirement that each SIP                   80202–1129, (303) 312–7104, or                            II. Response to Comments
                                             contain adequate provisions prohibiting                 clark.adam@epa.gov.                                          Comment: NDDH stated that the 2010
                                             air emissions that will have certain                    SUPPLEMENTARY INFORMATION:                                and 2016 SO2 emissions levels for their
                                             adverse air quality effects in other                                                                              state listed in the proposal rule’s ‘‘Table
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                                                                                                     Throughout this document ‘‘we,’’ ‘‘us’’
                                             states. The EPA is approving portions of                and ‘‘our’’ means the EPA.                                1—SO2 Emission Trends’’ (83 FR 25618)
                                             these infrastructure SIPs for the                                                                                 appeared too high, and that the 2000–
                                             aforementioned states as containing                     I. Background                                             2016 SO2 reduction in the table for
                                             adequate provisions to ensure that air                    On June 4, 2018, the EPA proposed to                    North Dakota should be 79% rather than
                                             emissions in the states will not                        approve submissions from Colorado,                        the 44% listed in this Table 1. In
                                             significantly contribute to                             Montana, North Dakota, South Dakota                       addition to this recommended


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Document Created: 2018-08-31 00:53:53
Document Modified: 2018-08-31 00:53:53
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
ActionFinal rule.
DatesThis final rule is effective on October 1, 2018.
ContactEllen Schmitt, (215) 814-5787, or by email at [email protected]
FR Citation83 FR 44498 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Volatile Organic Compounds

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