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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
detailed description about the Districts response to the six MANEVU Asks and EPAs evaluation of the Districts responses and compliance with 40 CFR
51.308f2i can be found in Section IV. E. of the April 15, 2021 NPRM.
The NPRM also sets out at length the other requirements in the RHR that the DC DOEE 2019 Regional Haze SIP
submission must meet to be approved, EPAs evaluation of the DC DOEE 2019
Regional Haze SIP submission against those requirements, and EPAs conclusion that the District has met its requirements under 40 CFR 51.308 with respect to its regional haze SIP for the second implementation period, the DC
DOEE 2019 Regional Haze SIP
submission. In particular, EPA
evaluated these requirements, as set forth in the NPRM, including: 1
Monitoring strategy and other implementation plan requirements; 2
requirements for RPG; and 3
requirements for state and FLM
coordination. These other specific requirements of the CAA and EPAs RHR, and the rationale for EPAs proposed action, are more fully explained in the NPRM and will not be restated here.
III. EPAs Response to Comments Received EPA received one comment supporting our proposed action in the April 15, 2021 NPRM. The comment received is in the docket for this rulemaking action. EPA received no adverse comments.

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IV. Final Action EPA is approving the revision to the District of Columbia SIP submitted by the District through DC DOEE on November 8, 2019. EPA is approving the Districts SIP submission as satisfying the regional haze requirements for the second implementation period.
V. Incorporation by Reference In addition, EPA is correcting errors in the regulatory citation in our February 24, 2020 85 FR 10295 final action on the DC NOX RACT rule and is codifying this correction by revising the appropriate entries under 40 CFR
52.470 Identification of Plan. EPA
approved the Districts revision to the DC NOX RACT rule 20 DCMR 805 into the SIP on February 24, 2020. 85 FR
10295. However, after we finalized the rulemaking, EPA discovered that we had erred in identifying the particular sections of the DC NOX RACT rule for incorporation by reference into the DC
SIP. EPA is amending the table in paragraph c of 40 CFR 52.470 to correctly reflect our intended approval
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of 20 DCMR sections 805.1a, 805.1a2, 805.4a, and 805.4b, described as follows.
EPA has made, and will continue to make, these materials generally available through https
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.
Amendments to 20 District of Columbia Municipal Regulations 20
DCMR Chapter 8, section 805.4:
a. Amending sections 805.4a1 and 2 to set NOX emission limitations for any stationary combustion turbines with a heat input rating greater than fifty million 50,000,000 BTU per hour;
b. Amending section 805.4a3 to set NOX emission limitations for certain stationary combustion turbines with a heat input rating less than or equal to fifty million 50,000,000 BTU per hour;
c. Amending section 805.4a4 to set NOX emission limitations for certain stationary combustion turbines with a heat input rating less than or equal to ten million 10,000,000 BTU per hour;
d. Amending section 805.4b to replace requirements for stationary combustion turbines with an energy input capacity of one hundred million 100,000,000 BTU per hour or greater which is operated for less than five hundred 500 hours per year with testing and continuous monitoring requirements for any person required to comply with section 805.4.
These regulatory changes to section 805 were adopted on November 27, 2018, and effective on the date of publication, December 14, 2018, in the District of Columbia Register Vol. 65, Number 51, page 013499, December 14, 2018.
VI. 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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,
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October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
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. 1044;
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 12d 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
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