Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, New Source Review Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC032-2006; FRL-5864-4]

Approval and Promulgation of Air Quality Implementation Plans;

District of Columbia, New Source Review Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the District of Columbia. This revision amends the

District's new source review program including the regulations for the

preconstruction permitting new major sources and major modifications in

nonattainment areas. This action is being taken under the provisions of

the Clean Air Act for the approval of SIP revisions.

EFFECTIVE DATE: This final rule is effective on September 2, 1997.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

Air, Radiation, and Toxics Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107; the Air and Radiation Docket and Information Center, U.S.

Environmental Protection Agency, 401 M Street, SW, Washington, DC

20460; District of Columbia Department of Consumer and Regulatory

Affairs, 2100 Martin Luther King Ave, S.E., Washington, DC 20020.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 566-2068.

SUPPLEMENTARY INFORMATION: On October 22, 1993, the District of

Columbia submitted new source review (NSR) regulations that were

subsequently disapproved by EPA in a direct final rulemaking on March

24, 1995. (60 FR 15483). Pursuant to section 179 of the Clean Air Act

(CAA), EPA's disapproval required the imposition of sanctions in two

phases starting 18 months after disapproval unless and until the

deficiencies were corrected. The first sanction, which started on

October 24, 1996, required 2:1 emission offsets for the construction of

new and modified sources. The second sanction, which was to be imposed

6 months later, would have required the withholding of federal highway

funds for all new highway projects in the District.

The District submitted revised NSR regulations on May 2, 1997,

which corrected the deficiencies. On June 2, 1997, EPA published a

notice of proposed rulemaking (NPR) approving the District's NSR

program (62 FR 29682). On the same day, EPA published and solicited

comment on an interim final rule that stayed application of the offset

sanction and deferred imposition of the highway sanction, based on

EPA's proposed full approval of the District's NSR program (62 FR

29668). No public comments were received on the NPR or the interim

final rule.

The intended effect of this action is to approve the District's NSR

program for the permitting of major new and modified sources pursuant

to the requirements of the CAA. Other specific requirements of the NSR

program and the rationale for EPA's proposed action were explained in

the NPR and will not be restated here. As a consequence of today's

final approval of the District's NSR regulations as a SIP revision, the

sanctions resulting from EPA's March 24, 1995 disapproval action are

hereby lifted and no longer applicable.

Final Action

EPA is approving the new source review (NSR) program as a revision

to the District of Columbia SIP. Nothing in this action should be

construed as permitting or allowing or establishing a precedent for any

future request for revision to any state implementation plan. Each

request for revision to the state implementation plan shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

[[Page 40938]]

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the District is already imposing. Therefore, because

the federal SIP approval does not impose any new requirements, the

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to state, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by September 29, 1997. Filing a

petition for reconsideration by the Administrator of this final rule to

approve the District of Columbia New Source Review program does not

affect the finality of this rule 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 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.

Dated: July 17, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

Chapter I, title 40, of the Code of Federal Regulations is amended

as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart J--District of Columbia

2. Section 52.470 is amended by adding paragraph (c)(37) to read as

follows:

Sec. 52.470 Identification of plan.

* * * * *

(c) * * *

(37) Revisions to the District of Columbia Municipal Regulations

submitted on May 2, 1997 and May 9, 1997 by the District of Columbia

Department of Consumer and Regulatory Affairs:

(i) Incorporation by reference.

(A) Letter of April 29, 1997 from the Department of Consumer and

Regulatory Affairs transmitting new source review (NSR) program.

(B) Regulations adopted on April 29, 1997; Title 20 of the District

of Columbia Municipal Regulations (DCMR) Chapter 2, sections 200 (as

amended), 201, 202, 204 (as amended), 206, 299 and the amended

definition of ``modification'' in Chapter 1, section 199.

(ii) Additional material.

(A) Remainder of May 2, 1997 State submittal.

(B) District Register for May 9, 1997.

[FR Doc. 97-20214 Filed 7-30-97; 8:45 am]

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