Rule2021-16534
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Nonattainment New Source Review Requirements for 2015 8-Hour Ozone Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 5, 2021
Effective
September 7, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Department of Energy and Environment (DOEE) of the District of Columbia (the District). The revision will fulfill the District's Nonattainment New Source Review (NNSR) SIP element requirement for the 2015 8-hour ozone National Ambient Air Quality Standard (NAAQS). EPA is approving the revision to the District of Columbia SIP in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 86 Issue 148 (Thursday, August 5, 2021)</title>
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[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42733-42735]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16534]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0489; FRL-8691-02-R3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Nonattainment New Source Review Requirements for
2015 8-Hour Ozone 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 Department of
Energy and Environment (DOEE) of the District of Columbia (the
District). The revision will fulfill the District's Nonattainment New
Source Review (NNSR) SIP element requirement for the 2015 8-hour ozone
National Ambient Air Quality Standard (NAAQS). EPA is approving the
revision to the District of Columbia SIP in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on September 7, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0489. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Matthew Willson, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-5795. Mr. Willson can also be reached
via electronic mail at <a href="/cdn-cgi/l/email-protection#5b0c32373728343575163a2f2f333e2c1b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="8bdce2e7e7f8e4e5a5c6eaffffe3eefccbeefbeaa5ece4fd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On March 11, 2021 (86 FR 8734), EPA published a notice of proposed
rulemaking (NPRM) for the District of Columbia. In the NPRM, EPA
proposed approval of the District's NNSR Certification for the 2015 8-
hour ozone NAAQS. The formal SIP revision was submitted by the District
on May 5, 2020. Specifically, the District certified that its existing
NNSR program, covering the District portion of the Washington, DC-MD-VA
Nonattainment Area (Washington Area) for the 2015 8-hour ozone NAAQS,
is at least as stringent as the requirements at 40 CFR 51.165, as
amended by the final rule titled ``Implementation of the 2015 National
Ambient Air Quality Standards for Ozone: Nonattainment Area State
Implementation Plan Requirements'' (SIP Requirements Rule), for ozone
and its precursors. See 83 FR 62998 (December 6, 2018).
On October 1, 2015, EPA promulgated a revised 8-hour ozone NAAQS of
0.070 parts per million (ppm). 80 FR 65292 (October 26, 2015). Under
EPA's regulations at 40 CFR 50.19, the 2015 8-hour ozone NAAQS is
attained when the three-year average of the annual fourth-highest daily
maximum 8-hour average ambient air quality ozone concentration is less
than or equal to 0.070 ppm.
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Washington Area was
classified as marginal nonattainment for the 2015 8-hour ozone NAAQS on
June 4, 2018 (effective August 3, 2018) using 2014-2016 ambient air
quality data. 83 FR 25776. On December 6, 2018, EPA issued the final
SIP Requirements Rule, which establishes the requirements that state,
tribal, and local air quality management agencies must meet as they
develop implementation plans for areas where air quality exceeds the
2015 8-hour ozone NAAQS. 80 FR 65291, October 26, 2015. Areas that were
designated as marginal ozone nonattainment areas are required to attain
the 2015 8-hour ozone NAAQS no later than August 3, 2021. 40 CFR
51.1303 and 83 FR 10376, March 9, 2018.
Based on initial nonattainment designations for the 2015 8-hour
ozone NAAQS, as well as the December 6, 2018 final SIP Requirements
Rule, the District was required to develop a SIP revision addressing
certain CAA requirements for the Washington Area, and submit to EPA a
NNSR Certification SIP or SIP revision no later than 36 months after
the effective date of area designations for the 2015 8-hour ozone
[[Page 42734]]
NAAQS (i.e., August 3, 2021). See 83 FR 62998 (December 6, 2018). EPA
is approving the District's May 5, 2020 NNSR Certification SIP revision
for the 2015 8-hour ozone NAAQS.
II. Summary of SIP Revision and EPA Analysis
This rule is specific to the District's NNSR requirements. NNSR is
a preconstruction review permit program that applies to new major
stationary sources or major modifications at existing sources located
in a nonattainment area. The specific NNSR requirements for the ozone
NAAQS are located in 40 CFR 51.160 through 51.165.
The District's SIP approved NNSR program, established in Chapters 1
(Air Quality--General Rules) and 2 (Air Quality--General and
Nonattainment Area Permits) in Title 20 of the District of Columbia
Municipal Regulations (DCMR), applies to the construction and
modification of major stationary sources in nonattainment areas. In its
May 5, 2020 SIP revision, the District certifies that the versions of
20 DCMR Chapters 1 and 2 approved in the SIP are at least as stringent
as the Federal NNSR requirements for the Washington Area. EPA last
approved revisions to the District's major NNSR SIP on July 5, 2019. In
that action, EPA approved revisions to the District's SIP which made
DOEE's NNSR program consistent with Federal requirements. 84 FR 32072,
July 5, 2019. No public comments were received on the NPRM.
III. Final Action
EPA is approving the District's May 5, 2020 SIP revision addressing
the NNSR requirements for the 2015 8-hour ozone NAAQS for the
Washington Area. EPA has concluded that the District's submission
fulfills the 40 CFR 51.1114 revisions requirement, meets the
requirements of CAA section 110 and 172 and the minimum SIP
requirements of 40 CFR 51.165.
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 October 4, 2021. 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's NNSR program and the 2015
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, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: July 28, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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. In Sec. 52.470, the table in paragraph (e) is amended by adding an
entry for ``2015 8-Hour Ozone Certification for Nonattainment New
Source Review (NNSR)'' at the end of the table to read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(e) * * *
[[Page 42735]]
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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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* * * * * * *
2015 8-Hour Ozone Certification The District of 05/05/20 08/05/21, [insert ......................
for Nonattainment New Source Columbia. Federal Register
Review (NNSR). citation].
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[FR Doc. 2021-16534 Filed 8-4-21; 8:45 am]
BILLING CODE 6560-50-P
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