83_FR_50203 83 FR 50010 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Update to Materials Incorporated by Reference

83 FR 50010 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Update to Materials Incorporated by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 193 (October 4, 2018)

Page Range50010-50012
FR Document2018-21471

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.

Federal Register, Volume 83 Issue 193 (Thursday, October 4, 2018)
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Rules and Regulations]
[Pages 50010-50012]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21471]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC105-2053; FRL-9983-57-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; 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 October 4, 2018.

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 the 
National Archives and Records Administration (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. EPA requests that you email the contact listed in 
the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Each State has a SIP containing the control measures and strategies 
used to attain and maintain the national ambient air quality standards 
(NAAQS). The SIP is extensive, containing such elements as air 
pollution control regulations, emission inventories, monitoring 
networks, attainment demonstrations, and enforcement mechanisms.
    Each State must formally adopt the control measures and strategies 
in the SIP after the public has had an opportunity to comment on them 
and then submit the proposed SIP revisions to EPA. Once these control 
measures and strategies are approved by EPA, and after notice and 
comment, they are incorporated into the federally-approved SIP and are 
identified in part 52 ``Approval and Promulgation of Implementation 
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52). 
The full text of the State regulation approved by EPA is not reproduced 
in its entirety in 40 CFR part 52, but is ``incorporated by 
reference.'' This means that EPA has approved a given State regulation 
with a specific effective date. The public is referred to the location 
of the full text version should they want to know which measures are 
contained in a given SIP. The information provided allows EPA and the 
public to monitor the extent to which a State implements a SIP to 
attain and maintain the NAAQS and to take enforcement action if 
necessary.
    The SIP is a living document which a 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-

[[Page 50011]]

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), February 22, 2011 (76 
FR 9652), and March 21, 2017 (82 FR 14458), EPA published updates to 
the IBR material for the District of Columbia. Since the publication of 
the last IBR update, EPA has approved into the SIP the following 
regulatory changes to the following District of Columbia regulations:

A. Added Regulations

    None.

B. Revised Regulations

    1. Chapter 1 Section 199 (Definitions and Abbreviations).
    2. Chapter 5 Section 502.1 through 502.15 (Sampling, Tests, and 
Measurements).
    3. Chapter 8 Section 801 (Sulfur Content of Fuel Oils).
    4. Chapter 8 Section 899 (Definitions and Abbreviations).

C. Removed Regulations

    None.

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as 
of May 14, 2018 and revising the text within 40 CFR 52.470(b).

III. Good Cause Exemption

    EPA has determined that this 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 CFR 
benefits the public by removing outdated citations and incorrect table 
entries.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of previously 
EPA approved regulations promulgated by the District of Columbia and 
federally effective prior to May 14, 2018. EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the For Further Information Contact section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (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 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

[[Page 50012]]

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: August 27, 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 for 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 revising paragraph (b) to 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 May 14, 
2018, 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 May 14, 2018 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) of this section. No additional 
revisions were made to paragraph (d) of this section between July 1, 
2016 and May 14, 2018.
    (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.
* * * * *
[FR Doc. 2018-21471 Filed 10-3-18; 8:45 am]
 BILLING CODE 6560-50-P



                                             50010            Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations

                                                (171) * * *                                          Implementation Plan (SIP) revisions                   part 52 are available for inspection at
                                                (i) * * *                                            submitted on June 17, 2016, updating                  the following locations: Air Protection
                                                (E) San Diego County Air Pollution                   New Source Review permitting rules for                Division, U.S. Environmental Protection
                                             Control District.                                       the San Diego Air Pollution Control                   Agency, Region III, 1650 Arch Street,
                                                (1) Rule 20, ‘‘Standards for Granting                District (SDAPCD). The conditional                    Philadelphia, Pennsylvania 19103; and
                                             Permits,’’ revision adopted on June 10,                 approval is based on a commitment                     the National Archives and Records
                                             1986.                                                   from the State to submit a SIP revision               Administration (NARA). For
                                             *       *    *      *     *                             that will correct identified deficiencies             information on the availability of this
                                                (241) * * *                                          in the following rules for the SDAPCD:                material at NARA, call 202–741–6030,
                                                (i) * * *                                               (1) Rule 20.1, ‘‘New Source Review—                or go to: http://www.archives.gov/
                                                (A) * * *                                            General Provisions’’;                                 federal_register/code_of_federal_
                                                (8) Previously approved on October                      (2) Rule 20.2, ‘‘New Source Review—                regulations/ibr_locations.html. EPA
                                             24, 2007 in paragraph (c)(241)(i)(A)(6) of              Non-Major Stationary Sources’’ (except                requests that you email the contact
                                             this section, and now deleted with                      subsections (d)(2)(i)(B), (d)(2)(v),                  listed in the FOR FURTHER INFORMATION
                                             replacement in paragraph                                (d)(2)(vi)(B) and (d)(3));                            CONTACT section.
                                             (c)(488)(i)(A)(4) of this section, Rule 24,                (3) Rule 20.3, ‘‘New Source Review—                FOR FURTHER INFORMATION CONTACT: Erin
                                             ‘‘Temporary Permit to Operate,’’                        Major Stationary Sources and PSD                      Trouba, (215) 814–2023 or by email at
                                             adopted on March 20, 1996.                              Stationary Sources’’ (except subsections              trouba.erin@epa.gov.
                                             *       *    *      *     *                             (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v),                  SUPPLEMENTARY INFORMATION:
                                                (488) New and amended regulations                    (d)(2)(vi)(B) and (d)(3));
                                             were submitted on August 22, 2016 by                       (4) Rule 20.4, ‘‘New Sources Review—               I. Background
                                             the Governor’s designee.                                Portable Emission Units’’ (except                        Each State has a SIP containing the
                                                (i) * * *                                            subsections (b)(2), (b)(3), (d)(1)(iii),              control measures and strategies used to
                                                (A) * * *                                            (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3)        attain and maintain the national
                                                (3) Rule 11, ‘‘Exemptions from Rule                  and (d)(5)); and                                      ambient air quality standards (NAAQS).
                                             10 Permit Requirements,’’ revision                         (5) Rule 20.6, ‘‘Standards for Permit to           The SIP is extensive, containing such
                                             adopted on May 11, 2016.                                Operate Air Quality Analysis.’’ If the
                                                (4) Rule 24, ‘‘Temporary Permit to                                                                         elements as air pollution control
                                                                                                     State fails to meet its commitment by                 regulations, emission inventories,
                                             Operate,’’ revision adopted on June 29,                 July 31, 2019, the conditional approval
                                             2016.                                                                                                         monitoring networks, attainment
                                                                                                     is treated as a disapproval.                          demonstrations, and enforcement
                                             *       *    *      *     *                             [FR Doc. 2018–21470 Filed 10–3–18; 8:45 am]           mechanisms.
                                                (508) New or amended regulations for                                                                          Each State must formally adopt the
                                                                                                     BILLING CODE 6560–50–P
                                             the following APCD was submitted on                                                                           control measures and strategies in the
                                             June 17, 2016 by the Governor’s                                                                               SIP after the public has had an
                                             designee.                                               ENVIRONMENTAL PROTECTION                              opportunity to comment on them and
                                                (i) Incorporation by reference. (A) San              AGENCY                                                then submit the proposed SIP revisions
                                             Diego County Air Pollution Control
                                                                                                                                                           to EPA. Once these control measures
                                             District.                                               40 CFR Part 52
                                                (1) Rule 20.1, ‘‘New Source Review—                                                                        and strategies are approved by EPA, and
                                             General Provisions,’’ revision adopted                  [DC105–2053; FRL–9983–57–Region 3]                    after notice and comment, they are
                                             on April 27, 2016.                                                                                            incorporated into the federally-
                                                (2) Rule 20.2, ‘‘New Source Review—                  Approval and Promulgation of Air                      approved SIP and are identified in part
                                             Non-Major Stationary Sources’’ (except                  Quality Implementation Plans; District                52 ‘‘Approval and Promulgation of
                                             subsections (d)(2)(i)(B), (d)(2)(v),                    of Columbia; Update to Materials                      Implementation Plans,’’ title 40 of the
                                             (d)(2)(vi)(B) and (d)(3)), revision                     Incorporated by Reference                             Code of Federal Regulations (40 CFR
                                             adopted on April 27, 2016.                                                                                    part 52). The full text of the State
                                                                                                     AGENCY:  Environmental Protection                     regulation approved by EPA is not
                                                (3) Rule 20.3, ‘‘New Source Review—                  Agency (EPA).
                                             Major Stationary Sources and PSD                                                                              reproduced in its entirety in 40 CFR part
                                                                                                     ACTION: Final rule; administrative                    52, but is ‘‘incorporated by reference.’’
                                             Stationary Sources’’ (except subsections
                                                                                                     change.                                               This means that EPA has approved a
                                             (d)(1)(vi), (d)(2)(i)(B), (d)(2)(v),
                                             (d)(2)(vi)(B) and (d)(3)), revision                                                                           given State regulation with a specific
                                                                                                     SUMMARY:    The Environmental Protection              effective date. The public is referred to
                                             adopted on April 27, 2016.                              Agency (EPA) is updating the materials
                                                (4) Rule 20.4, ‘‘New Sources Review—                                                                       the location of the full text version
                                                                                                     that are incorporated by reference (IBR)              should they want to know which
                                             Portable Emission Units’’ (except                       into the District of Columbia State
                                             subsections (b)(2), (b)(3), (d)(1)(iii),                                                                      measures are contained in a given SIP.
                                                                                                     implementation plan (SIP). The                        The information provided allows EPA
                                             (d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3)          regulations affected by this update have
                                             and (d)(5)), revision adopted on April                                                                        and the public to monitor the extent to
                                                                                                     been previously submitted by the                      which a State implements a SIP to attain
                                             27, 2016.                                               District of Columbia Department of
                                                (5) Rule 20.6, ‘‘Standards for Permit to                                                                   and maintain the NAAQS and to take
                                                                                                     Energy and Environment (DoEE) and                     enforcement action if necessary.
                                             Operate Air Quality Analysis,’’ revision                approved by EPA. This update affects
                                             adopted on April 27, 2016.                                                                                       The SIP is a living document which
                                                                                                     the SIP materials that are available for              a State revises as necessary to address
                                             ■ 3. Section 52.248 is amended by                       public inspection at the National                     its unique air pollution problems.
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                                             adding paragraph (e) to read as follows:                Archives and Records Administration                   Therefore, EPA, from time to time, must
                                             § 52.248 Identification of plan—conditional             (NARA) and the EPA Regional Office.                   take action on SIP revisions containing
                                             approval.                                               DATES: This action is effective October               new and/or revised regulations as being
                                             *     *    *    *     *                                 4, 2018.                                              part of the SIP. On May 22, 1997 (62 FR
                                               (e) The EPA is conditionally                          ADDRESSES: SIP materials which are                    27968), EPA revised the procedures for
                                             approving California State                              incorporated by reference into 40 CFR                 incorporating by reference federally-


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                                                              Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations                                          50011

                                             approved SIPs, as a result of                           only reflects existing law. Immediate                    • is not an economically significant
                                             consultations between EPA and the                       notice in the CFR benefits the public by              regulatory action based on health or
                                             Office of the Federal Register (OFR). The               removing outdated citations and                       safety risks subject to Executive Order
                                             description of the revised SIP                          incorrect table entries.                              13045 (62 FR 19885, April 23, 1997);
                                             document, IBR procedures and                                                                                     • is not a significant regulatory action
                                                                                                     IV. Incorporation by Reference
                                             ‘‘Identification of plan’’ format are                                                                         subject to Executive Order 13211 (66 FR
                                             discussed in further detail in the May                     In this rule, EPA is finalizing                    28355, May 22, 2001);
                                             22, 1997 Federal Register document. On                  regulatory text that includes                            • is not subject to requirements of
                                             December 7, 1998 (63 FR 67407), EPA                     incorporation by reference. In                        Section 12(d) of the National
                                             published a document in the Federal                     accordance with requirements of 1 CFR                 Technology Transfer and Advancement
                                             Register beginning the new IBR                          51.5, EPA is finalizing the incorporation             Act of 1995 (15 U.S.C. 272 note) because
                                             procedure for the District of Columbia.                 by reference of previously EPA                        application of those requirements would
                                             On August 6, 2004 (69 FR 47773),                        approved regulations promulgated by                   be inconsistent with the CAA; and
                                             September 6, 2005 (70 FR 52919), March                  the District of Columbia and federally                   • does not provide EPA with the
                                             19, 2009 (74 FR 11647), February 22,                    effective prior to May 14, 2018. EPA has              discretionary authority to address, as
                                             2011 (76 FR 9652), and March 21, 2017                   made, and will continue to make, these                appropriate, disproportionate human
                                             (82 FR 14458), EPA published updates                    materials generally available through                 health or environmental effects, using
                                             to the IBR material for the District of                 www.regulations.gov and at the EPA                    practicable and legally permissible
                                             Columbia. Since the publication of the                  Region III Office (please contact the                 methods, under Executive Order 12898
                                             last IBR update, EPA has approved into                  person identified in the FOR FURTHER                  (59 FR 7629, February 16, 1994).
                                             the SIP the following regulatory changes                INFORMATION CONTACT section of this
                                                                                                                                                           In addition, this rule does not have
                                             to the following District of Columbia                   preamble for more information).
                                                                                                                                                           tribal implications as specified by
                                             regulations:                                            V. Statutory and Executive Order                      Executive Order 13175 (65 FR 67249,
                                             A. Added Regulations                                    Reviews                                               November 9, 2000), because the SIP is
                                                                                                                                                           not approved to apply in Indian country
                                                None.                                                A. General Requirements
                                                                                                                                                           located in the State, and EPA notes that
                                             B. Revised Regulations                                     Under the Clean Air Act (CAA), the                 it will not impose substantial direct
                                                                                                     Administrator is required to approve a                costs on tribal governments or preempt
                                               1. Chapter 1 Section 199 (Definitions
                                                                                                     SIP submission that complies with the                 tribal law.
                                             and Abbreviations).
                                               2. Chapter 5 Section 502.1 through                    provisions of the CAA and applicable
                                                                                                     Federal regulations. 42 U.S.C. 7410(k);               B. Submission to Congress and the
                                             502.15 (Sampling, Tests, and                                                                                  Comptroller General
                                             Measurements).                                          40 CFR 52.02(a). Thus, in reviewing SIP
                                               3. Chapter 8 Section 801 (Sulfur                      submissions, EPA’s role is to approve                   The Congressional Review Act, 5
                                             Content of Fuel Oils).                                  State choices, provided that they meet                U.S.C. 801 et seq., as added by the Small
                                               4. Chapter 8 Section 899 (Definitions                 the criteria of the CAA. Accordingly,                 Business Regulatory Enforcement
                                             and Abbreviations).                                     this action merely approves State law as              Fairness Act of 1996, generally provides
                                                                                                     meeting Federal requirements and does                 that before a rule may take effect, the
                                             C. Removed Regulations                                  not impose additional requirements                    agency promulgating the rule must
                                                None.                                                beyond those imposed by State law. For                submit a rule report, which includes a
                                                                                                     that reason, this action:                             copy of the rule, to each House of the
                                             II. EPA Action                                             • Is not a ‘‘significant regulatory                Congress and to the Comptroller General
                                               In this action, EPA is announcing the                 action’’ subject to review by the Office              of the United States. EPA will submit a
                                             update to the IBR material as of May 14,                of Management and Budget under                        report containing this rule and other
                                             2018 and revising the text within 40                    Executive Orders 12866 (58 FR 51735,                  required information to the U.S. Senate,
                                             CFR 52.470(b).                                          October 4, 1993) and 13563 (76 FR 3821,               the U.S. House of Representatives, and
                                                                                                     January 21, 2011);                                    the Comptroller General of the United
                                             III. Good Cause Exemption                                  • is not an Executive Order 13771 (82              States prior to publication of the rule in
                                                EPA has determined that this rule                    FR 9339, February 2, 2017) regulatory                 the Federal Register. This rule is not a
                                             falls under the ‘‘good cause’’ exemption                action because SIP approvals are                      ‘‘major rule’’ as defined by 5 U.S.C.
                                             in section 553(b)(3)(B) of the                          exempted under Executive Order 12866.                 804(2).
                                             Administrative Procedures Act (APA)                        • does not impose an information
                                             which, upon finding ‘‘good cause,’’                                                                           C. Petitions for Judicial Review
                                                                                                     collection burden under the provisions
                                             authorizes agencies to dispense with                    of the Paperwork Reduction Act (44                      EPA has also determined that the
                                             public participation and section                        U.S.C. 3501 et seq.);                                 provisions of section 307(b)(1) of the
                                             553(d)(3) which allows an agency to                        • is certified as not having a                     CAA pertaining to petitions for judicial
                                             make a rule effective immediately                       significant economic impact on a                      review are not applicable to this action.
                                             (thereby avoiding the 30-day delayed                    substantial number of small entities                  Prior EPA rulemaking actions for each
                                             effective date otherwise provided for in                under the Regulatory Flexibility Act (5               individual component of the District of
                                             the APA). This rule simply codifies                     U.S.C. 601 et seq.);                                  Columbia SIP compilations had
                                             provisions which are already in effect as                  • does not contain any unfunded                    previously afforded interested parties
                                             a matter of law in Federal and approved                 mandate or significantly or uniquely                  the opportunity to file a petition for
                                             State programs. Under section 553 of the                affect small governments, as described                judicial review in the United States
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                                             APA, an agency may find good cause                      in the Unfunded Mandates Reform Act                   Court of Appeals for the appropriate
                                             where procedures are ‘‘impractical,                     of 1995 (Pub. L. 104–4);                              circuit within 60 days of such
                                             unnecessary, or contrary to the public                     • does not have federalism                         rulemaking action. Thus, EPA sees no
                                             interest.’’ Public comment is                           implications as specified in Executive                need in this action to reopen the 60-day
                                             ‘‘unnecessary’’ and ‘‘contrary to the                   Order 13132 (64 FR 43255, August 10,                  period for filing such petitions for
                                             public interest’’ since the codification                1999);                                                judicial review for this ‘‘Identification of


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                                             50012            Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations

                                             plan’’ update action for the District of                may also inspect the material with an                 I. Background
                                             Columbia.                                               EPA approval date prior to July 1, 2016
                                                                                                     for the District of Columbia at the                      Each State has a SIP containing the
                                             List of Subjects in 40 CFR Part 52                                                                            control measures and strategies used to
                                                                                                     National Archives and Records
                                               Environmental protection, Air                         Administration (NARA). For                            attain and maintain the national
                                             pollution control, Carbon monoxide,                     information on the availability of this               ambient air quality standards (NAAQS).
                                             Incorporation by reference,                             material at NARA, go to: http://                      The SIP is extensive, containing such
                                             Intergovernmental relations, Lead,                      www.archives.gov/federal-register/cfr/                elements as air pollution control
                                             Nitrogen dioxide, Ozone, Particulate                    ibr-locations.html.                                   regulations, emission inventories,
                                             matter, Reporting and recordkeeping                                                                           monitoring networks, attainment
                                                                                                     *     *     *     *     *
                                             requirements, Sulfur oxides, Volatile                   [FR Doc. 2018–21471 Filed 10–3–18; 8:45 am]
                                                                                                                                                           demonstrations, and enforcement
                                             organic compounds.                                                                                            mechanisms.
                                                                                                     BILLING CODE 6560–50–P
                                               Dated: August 27, 2018.                                                                                        Each State must formally adopt the
                                             Cecil Rodrigues,                                                                                              control measures and strategies in the
                                             Acting Regional Administrator, Region III.              ENVIRONMENTAL PROTECTION                              SIP after the public has had an
                                                                                                     AGENCY                                                opportunity to comment on them and
                                                 40 CFR part 52 is amended as follows:
                                                                                                                                                           then submit the proposed SIP revisions
                                             PART 52—APPROVAL AND                                    40 CFR Part 52                                        to EPA. Once these control measures
                                             PROMULGATION OF                                                                                               and strategies are approved by EPA, and
                                             IMPLEMENTATION PLANS                                    [DE105–1105; FRL–9983–49–Region 3]                    after notice and comment, they are
                                                                                                                                                           incorporated into the federally-
                                             ■ 1. The authority for citation for part 52             Approval and Promulgation of Air                      approved SIP and are identified in part
                                             continues to read as follows:                           Quality Implementation Plans;                         52 ‘‘Approval and Promulgation of
                                                 Authority: 42 U.S.C. 7401 et seq.                   Delaware; Update to Materials                         Implementation Plans,’’ title 40 of the
                                                                                                     Incorporated by Reference                             Code of Federal Regulations (40 CFR
                                             Subpart J—District of Columbia                                                                                part 52). The full text of the State
                                                                                                     AGENCY:  Environmental Protection
                                                                                                                                                           regulation approved by EPA is not
                                             ■ 2. Section 52.470 is amended by                       Agency (EPA).
                                                                                                                                                           reproduced in its entirety in 40 CFR part
                                             revising paragraph (b) to read as follows:              ACTION: Final rule; administrative                    52, but is ‘‘incorporated by reference.’’
                                                                                                     change.                                               This means that EPA has approved a
                                             § 52.470    Identification of plan.
                                                                                                                                                           given State regulation with a specific
                                             *      *     *     *     *                              SUMMARY:    The Environmental Protection
                                                                                                                                                           effective date. The public is referred to
                                                (b) Incorporation by reference. (1)                  Agency (EPA) is updating the materials
                                                                                                                                                           the location of the full text version
                                             Material listed in paragraphs (c) and (d)               that are incorporated by reference (IBR)
                                             of this section with an EPA approval                                                                          should they want to know which
                                                                                                     into the Delaware State implementation
                                             date prior to May 14, 2018, was                                                                               measures are contained in a given SIP.
                                                                                                     plan (SIP). The regulations affected by
                                             approved for incorporation by reference                                                                       The information provided allows EPA
                                                                                                     this update have been previously
                                             by the Director of the Federal Register                                                                       and the public to monitor the extent to
                                                                                                     submitted by the Delaware Department
                                             in accordance with 5 U.S.C. 552(a) and                                                                        which a State implements a SIP to attain
                                                                                                     of Natural Resources and Environmental
                                             1 CFR part 51. Material is incorporated                                                                       and maintain the NAAQS and to take
                                                                                                     Control (DNREC) and approved by EPA.
                                             as it exists on the date of approval, and                                                                     enforcement action if necessary.
                                                                                                     This update affects the SIP materials
                                             notice of any change in the material will               that are available for public inspection                 The SIP is a living document which
                                             be published in the Federal Register.                   at the National Archives and Records                  a State revises as necessary to address
                                             Entries in paragraphs (c) and (d) of this               Administration (NARA) and the EPA                     its unique air pollution problems.
                                             section with the EPA approval dates                     Regional Office.                                      Therefore, EPA, from time to time, must
                                             after May 14, 2018 for the District of                  DATES: This action is effective October
                                                                                                                                                           take action on SIP revisions containing
                                             Columbia, will be incorporated by                       4, 2018.                                              new and/or revised regulations as being
                                             reference in the next update to the SIP                                                                       part of the SIP. On May 22, 1997 (62 FR
                                                                                                     ADDRESSES: SIP materials which are
                                             compilation.                                                                                                  27968), EPA revised the procedures for
                                                                                                     incorporated by reference into 40 CFR                 incorporating by reference federally-
                                                (2) EPA Region III certifies that the
                                                                                                     part 52 are available for inspection at               approved SIPs, as a result of
                                             materials provided by EPA at the
                                                                                                     the following locations: Air Protection               consultations between EPA and the
                                             addresses in paragraph (b)(3) of this
                                                                                                     Division, U.S. Environmental Protection               Office of the Federal Register (OFR). The
                                             section are an exact duplicate of the
                                                                                                     Agency, Region III, 1650 Arch Street,                 description of the revised SIP
                                             officially promulgated State rules/
                                                                                                     Philadelphia, Pennsylvania 19103; and                 document, IBR procedures and
                                             regulations which have been approved
                                                                                                     the National Archives and Records                     ‘‘Identification of plan’’ format are
                                             as part of the State implementation plan
                                                                                                     Administration (NARA). For                            discussed in further detail in the May
                                             as of the dates referenced in paragraph
                                                                                                     information on the availability of this               22, 1997 Federal Register document. On
                                             (b)(1) of this section. No additional
                                                                                                     material at NARA, call 202–741–6030,                  December 7, 1998 (63 FR 67407), EPA
                                             revisions were made to paragraph (d) of
                                                                                                     or go to: http://www.archives.gov/                    published a document in the Federal
                                             this section between July 1, 2016 and
                                                                                                     federal_register/code_of_federal_                     Register beginning the new IBR
                                             May 14, 2018.
                                                (3) Copies of the materials                          regulations/ibr_locations.html. EPA                   procedure for Delaware. On June 21,
                                             incorporated by reference into the State                requests that you email the contact                   2004 (69 FR 34285), April 3, 2007 (72
daltland on DSKBBV9HB2PROD with RULES




                                             implementation plan may be inspected                    listed in the FOR FURTHER INFORMATION                 FR 15839), April 17, 2009 (74 FR
                                                                                                     CONTACT section.
                                             at the Environmental Protection Agency,                                                                       17771), May 2, 2011 (76 FR 24372),
                                             Region III, 1650 Arch Street,                           FOR FURTHER INFORMATION CONTACT: Erin                 September 24, 2013 (78 FR 58465), and
                                             Philadelphia, Pennsylvania 19103. To                    Trouba, (215) 814–2023 or by email at                 May 30, 2017 (82 FR 24529) EPA
                                             obtain the material, please call the                    trouba.erin@epa.gov.                                  published updates to the IBR material
                                             Regional Office at (215) 814–3376. You                  SUPPLEMENTARY INFORMATION:                            for Delaware.


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Document Created: 2018-10-04 02:02:59
Document Modified: 2018-10-04 02:02:59
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; administrative change.
DatesThis action is effective October 4, 2018.
ContactErin Trouba, (215) 814-2023 or by email at [email protected]
FR Citation83 FR 50010 
CFR AssociatedEnvironmental 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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