	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2008-0595; FRL-        ] 

Approval and Promulgation of Air Quality Implementation Plans;

District of Columbia; Reasonably Available Control Technology Under the
8-Hour Ozone National Ambient Air Quality Standard

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

SUMMARY:  EPA is approving a State Implementation Plan (SIP) revision
submitted by the District of Columbia.  This SIP revision consists of a
demonstration that the District of Columbia meets the requirements of
reasonably available control technology (RACT) for nitrogen oxides (NOx)
and volatile organic compounds (VOCs) set forth by the Clean Air Act
(CAA).  This SIP revision demonstrates that all requirements for RACT
are met either through:  Certification that previously adopted RACT
controls in the District of Columbia’s SIP that were approved by EPA
under the 1-hour ozone National Ambient Air Quality Standard (NAAQS) are
based on the currently available technically and economically feasible
controls, and that they continue to represent RACT for the 8-hour
implementation purposes; and a negative declaration demonstrating that
no facilities exist in the District of Columbia for the applicable
control technology guideline (CTG) categories.  This action is being
taken under the CAA. 

EFFECTIVE DATE:  The final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0595.  All documents in the electronic docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute.  Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form.  Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy
during normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.  Copies of the State submittal are
available at the District of Columbia Department of the Environment, 51
N Street N.E., 6th Floor, Washington, DC  20002.

FOR FURTHER INFORMATION CONTACT:  Patrick J. Egan, (215) 814-3167, or by
e-mail at   HYPERLINK "mailto:egan.patrick@epa.gov" 
egan.patrick@epa.gov .  

SUPPLEMENTARY INFORMATION:  

I.  Background

On March 25, 2009 (75 FR 12778), EPA published a notice of proposed
rulemaking (NPR) for the District of Columbia.  The NPR proposed
approval of the requirements of RACT under the 8-hour Ozone NAAQS.  EPA
received no comments on the proposal to approve the District of Columbia
SIP revision.  The formal SIP revision was submitted by the District of
Columbia on September 22, 2008.  

II. Summary of SIP Revision

On September 22, 2008, the District of Columbia Department of
Environment (DDOE) submitted a revision to its SIP that addresses the
requirements of RACT under the 8-hour ozone NAAQS set forth by the CAA. 
The District of Columbia’s SIP revision is consistent with the process
in the Phase 2 Rule preamble, and satisfies the requirements of RACT set
forth by the CAA under the 8-hour ozone NAAQS.  The District of
Columbia’s SIP revision satisfies the 8-hour RACT requirements through
a certification that previously adopted RACT controls in the District of
Columbia’s SIP that were approved by EPA under the 1-hour ozone NAAQS
are based on the currently available technically and economically
feasible controls, and continues to represent RACT for the 8-hour
implementation purposes and a negative declaration demonstrating that
facilities exist in the District of Columbia for the applicable control
technology guideline (CTG) categories.

III. Final Action

EPA is approving the District of Columbia SIP revision that addresses
the requirements of RACT under the 8-hour ozone NAAQS.  The District of
Columbia’s SIP revision was submitted on September 22, 2008.  

IV.  Statutory and Executive Order Reviews 

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 Clean Air Act.  Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law.  For that reason, this action:

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);  

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);  

does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997); 

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355, May 22, 2001); 

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with the
CAA; and 

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

B.   Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.  A major rule cannot
take effect until 60 days after it is published in the Federal Register.
 This action is not a “major rule” as defined by 5 U.S.C. 804(2). 

C.  Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by [Insert date 60 days from date of publication of
this document in the Federal Register].  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, pertaining to the District of Columbia’s RACT provisions
under the 8-hour 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds. 



Authority: 42 U.S.C. 7401 et seq.

                                                                        
   

                                                                        
                                       

__June 5, 2009____                                                  
____________/s/________________

Dated:                             		   		William C. Early,	

                                                                 	
Acting Regional Administrator,

                                                                 	
Region III.

40 CFR part 52 is amended as follows: 

PART 52 - [AMENDED] 

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

2.  In Section 52.470, the table in paragraph (e) is amended by adding
the entry for RACT under the 8-hour ozone NAAQS – District of Columbia
– at the end of the table to read as follows:

§ 52.470  		Identification of plan.

*		*		*		*		*

(e)* * *

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

explanation

*                    *                      *                   *       
           *                 *                    *

RACT under the 8-Hour ozone NAAQS	District of Columbia 	9/22/08	[Insert
Federal Register] publication date] [Insert page number where the
document begins]	





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