[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5570-5572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00885]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0362; FRL-10004-09-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Infrastructure Requirements for the 2015 Ozone 
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the District of 
Columbia (the District). The SIP revision addresses certain 
infrastructure requirements to implement, maintain, and enforce the 
2015 ozone national ambient air quality standards (NAAQS), including 
the requirements for interstate transport. EPA is approving the 
District's infrastructure SIP revision for the 2015 ozone NAAQS, with 
exception of certain portions, in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: This final rule is effective on March 2, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0362. All documents in the docket are listed on 
the https://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 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2021. Mr. Schulingkamp can also be reached via electronic mail at 
schulingkamp.joseph@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 16, 2019 (84 FR 41942), EPA published a notice of 
proposed rulemaking (NPRM) for the District of Columbia. In the NPRM, 
EPA proposed approval of most portions of the District of Columbia's 
SIP revision addressing infrastructure requirements for the 2015 ozone 
NAAQS. The formal SIP revision was submitted by the District through 
the Department of Environment and Energy (DOEE) on August 24, 2018.
    On October 26, 2015, EPA issued a final rule strengthening both the 
primary and secondary ozone NAAQS for ground-level ozone to 70 parts 
per billion (ppb), based on the fourth-highest maximum daily 8-hour 
ozone concentration per year (hereafter the 2015 ozone NAAQS). 80 FR 
65292. Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This 
particular type of SIP revision is commonly referred to as an 
``infrastructure SIP revision.'' Infrastructure SIP revisions must meet 
the various requirements of CAA section 110(a)(2), as applicable. 
Section 110(a)(2) includes a list of specific elements that each 
infrastructure SIP revision must address.

II. Summary of SIP Revision and EPA Analysis

    The District's August 24, 2018 infrastructure SIP revision 
addresses the following infrastructure elements, or portions thereof, 
for the 2015 ozone NAAQS: CAA section 110(a)(2)(A), (B), (C), 
(D)(i)(I), D(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M). 
The August 24, 2018 SIP revision addresses the interstate transport 
requirements of

[[Page 5571]]

CAA section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS (also known as 
good neighbor provisions). The SIP revision provides technical 
information supporting the conclusion that the emissions from the 
District do not significantly contribute to nonattainment or interfere 
with maintenance of the 2015 ozone NAAQS in any other state.
    The August 24, 2018 SIP revision did not address the portion of 
element (C) or element (I) referring to the nonattainment requirements 
of part D, title I of the CAA. Part D, title I of the CAA addresses SIP 
requirements and submission deadlines for designated nonattainment 
areas for each NAAQS. Such nonattainment SIP revisions are required if 
an area is designated nonattainment and would be due to EPA by the 
dates statutorily prescribed in subparts 1 through 5 under part D, 
title I of the CAA. EPA believes that because the CAA directs states to 
submit these nonattainment SIP requirements on a separate schedule, it 
is not necessary for states to include neither element (I) nor the 
portion of element (C) referring to part D as part of the 
infrastructure SIP revisions due three years after adoption or revision 
of any NAAQS.\1\
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    \1\ See ``Guidance on Infrastructure State Implementation Plan 
(SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013, 
(available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf).
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    On February 27, 2019, EPA determined that the District's August 24, 
2018 SIP revision submittal was technically incomplete, in accordance 
with 40 CFR part 51, appendix V, with respect to the portions of the 
infrastructure elements in CAA section 110(a)(2)(C), (D)(i)(II), 
(D)(ii), and (J) relating to the Prevention of Significant 
Deterioration (PSD) permitting program under part C, title I of the 
CAA, because the District has not adequately addressed its part C 
requirement of having a SIP-approved PSD program. By contrast, EPA 
found the remainder of the August 24, 2018 SIP revision submittal to be 
administratively and technically complete in accordance with 40 CFR 
part 51, appendix V. As a result of this finding, EPA can only proceed 
in taking rulemaking action on the complete portions of the District's 
August 24, 2018 submittal.
    Mandatory sanctions would not apply to the District under CAA 
section 179 as a result of EPA's incompleteness finding, because the 
failure to submit a PSD SIP revision is neither with respect to a 
submission that is required under CAA title I part D, nor in response 
to a SIP call under CAA section 110(k)(5). In addition, EPA is not 
subject to any further Federal implementation plan (FIP) duties, 
because there is already a PSD FIP for the District, which addresses 
the District's SIP deficiency,\2\ which EPA issued to correct the 
District's PSD SIP deficiency, and that DOEE does not have to take 
further action for the FIP-based permitting program to be implemented.
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    \2\ EPA promulgated the PSD FIP in 1980, and later amended it in 
2003. The PSD FIP for the District is incorporated by reference in 
the District's SIP in 40 CFR 52.499, and it contains the provisions 
of 40 CFR 52.21, with the exception of paragraph (a)(1). See 45 FR 
52676, at 52741 (August 7, 1980), 68 FR 11316, at 11322 (March 10, 
2003), and 68 FR 74483, at 74488 (December 24, 2003).
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III. Final Action

    EPA is approving the District's August 24, 2018 infrastructure 
submittal as a revision to the District of Columbia SIP. EPA is 
approving the District's August 24, 2018 SIP revision as meeting the 
requirements of section 110(a)(2) of the CAA to implement, maintain, 
and enforce the 2015 ozone NAAQS, including specifically section 
110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G), 
(H), (J), (K), (L), and (M) for this NAAQS, with exception of those 
portions addressing requirements related to the PSD permitting program 
of part C, title I of the CAA in section 110(a)(2)(C), (D)(i)(II), 
(D)(ii), and (J), as these were found incomplete pursuant to 40 CFR 
part 51, appendix V. This final rulemaking action does not include 
action on section 110(a)(2)(I) or portions of section 110(a)(2)(C) 
referring to the permit program under part D, title I of the CAA.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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

[[Page 5572]]

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 March 31, 2020. 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 
infrastructure requirements for the 2015 ozone NAAQS under CAA section 
110(a)(2), 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: December 26, 2019.
Diana Esher,
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. Amend Sec.  52.470 in the table in paragraph (e) by adding an entry 
for ``Section 110(a)(2) Infrastructure Requirements for the 2015 Ozone 
NAAQS'' at the end of the table to read as follows:


Sec.  52.470   Identification of plan.

* * * * *
    (e) * * *

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                                                          State
  Name of  non-regulatory  SIP         Applicable       submittal    EPA  approval date   Additional explanation
            revision                geographic area        date
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                                                  * * * * * * *
Section 110(a)(2) Infrastructure  District of             08/24/18  1/31/2020, [Insert   This action addresses
 Requirements for the 2015 Ozone   Columbia.                         Federal Register     the following CAA
 NAAQS.                                                              citation].           elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D)(i)(I),
                                                                                          (D)(i)(II), (D)(ii),
                                                                                          (E), (F), (G), (H),
                                                                                          (J), (K), (L), and
                                                                                          (M). PSD related
                                                                                          portions are addressed
                                                                                          by the FIP in 40 CFR
                                                                                          52.499.
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[FR Doc. 2020-00885 Filed 1-30-20; 8:45 am]
 BILLING CODE 6560-50-P


