Rule2021-17288
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality 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 13, 2021
Effective
September 13, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision formally submitted by the District of Columbia Department of Energy and the Environment (DOEE). The revision provides the District's certification that its existing emissions statement program satisfies the emissions statement requirements of the Clean Air Act (CAA) for the 2015 ozone National Ambient Air Quality Standard (NAAQS). EPA is approving the District's emissions statement program certification for the 2015 ozone NAAQS as a SIP revision in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 86 Issue 154 (Friday, August 13, 2021)</title>
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[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Rules and Regulations]
[Pages 44614-44616]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17288]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0574; FRL-8730-02-R3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Emissions Statement Certification 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 formally submitted by the District
of Columbia Department of Energy and the Environment (DOEE). The
revision provides the District's certification that its existing
emissions statement program satisfies the emissions statement
requirements of the Clean Air Act (CAA) for the 2015 ozone National
Ambient Air Quality Standard (NAAQS). EPA is approving the District's
emissions statement program certification for the 2015 ozone NAAQS as a
SIP revision in accordance with the requirements of the CAA.
DATES: This final rule is effective on September 13, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0574. 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: Serena Nichols, 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-
2053. Ms. Nichols can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#eca2858f8483809fc2bf899e89828dac899c8dc28b839a"><span class="__cf_email__" data-cfemail="cb85a2a8a3a4a7b8e598aeb9aea5aa8baebbaae5aca4bd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On March 11, 2021 (86 FR 13843), EPA published a notice of proposed
rulemaking (NPRM) for the District of Columbia. In the NPRM, EPA
proposed approval of the District's certification that the District's
emissions statement regulation meets the emissions statement
requirement of section 182(a)(3)(B) of the CAA for the 2015 ozone
NAAQS. The formal SIP revision was submitted by the District of
Columbia, through the Department of Energy and the Environment (DOEE),
on June 4, 2020.
II. Summary of SIP Revision and EPA Analysis
On June 4, 2020, the District, through DOEE, submitted as a formal
SIP revision, a statement certifying that the District's existing SIP-
approved emissions statement program covers the District's portion of
the Washington, DC-MD-VA nonattainment area for the 2015 ozone NAAQS
and is at least as stringent as the requirements of CAA section
182(a)(3)(B). In its submittal, the District states that 20 District of
Columbia Municipal Regulations (DCMR) section 500.9 contains emissions
reporting requirements consistent with CAA section 182(a)(3)(B)(i), and
that 20 DCMR section 500.9 is approved into the District's SIP. See 40
CFR 52.2420(c). EPA first approved the District's emissions statements
requirements, now found at 20 DCMR section 500.9, into the District's
SIP on May 26, 1995 (60 FR 27944).\1\ See also 40 CFR 52.470.
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\1\ 20 DCMR sections 500.4 through 500.6 were also approved into
the District's SIP on January 26, 1995 (60 FR 5134) and October 27,
1999 (64 FR 57777), respectively. These provisions concern reporting
requirements related to the transfer of gasoline products.
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EPA's review of the District's submittal finds that the District's
existing, SIP-approved emissions statement program at 20 DCMR section
500.9 satisfies the emission statement requirements of CAA section
182(a)(3)(B) for the 2015 ozone NAAQS. The District's regulation
requires the owner of any stationary source located in the District
that emits 25 tons per year (tpy) or more of volatile organic compounds
(VOC) or nitrogen oxides (NO<INF>X</INF>) to submit an emissions
statement to the Mayor by April 15 of each year for the emissions
discharged during the previous calendar year. Emissions statements are
required to be prepared and submitted in accordance with 20 DCMR
section 500.9.
These emissions statements are required to be submitted annually
for the previous calendar year and, at a minimum, must contain the
following: (1) Certification that the information in the statement is
accurate to the best knowledge of the individual certifying the
statement as well as the certifying individual's name and contact
information; (2) source identification information including name,
physical location, mailing address of the facility, latitude and
longitude, and standard industrial classification code(s); (3)
operating information including percentage annual throughput by season,
days per week on the normal operating schedule, hours per day during
the normal operating schedule, and hours per year during the normal
operating schedule; (4) process rate data including annual process rate
and peak ozone season daily process rate; (5) control equipment
information; and (6) emissions information including, but not limited
to, estimated actual emissions of NO<INF>X</INF> and VOC in tpy and
[[Page 44615]]
pounds per typical ozone season day. These reporting requirements in 20
DCMR section 500.9 meet the requirements of CAA section
182(a)(3)(B)(i).
As allowed by CAA section 182(a)(3)(B)(ii), the District has waived
the emissions reporting requirement for stationary sources emitting
less than 25 tpy of NO<INF>X</INF> or VOCs because the District
includes these emissions in reports to EPA. CAA section
182(a)(3)(B)(ii) allows the State to waive the application of clause
(i) to any class or category of stationary sources which emit less than
25 tons per year of VOC or NO<INF>X</INF> if the State, in its
submissions under subparagraphs (1) or (3)(A), provides an inventory of
emissions from such class or category of sources, based on the use of
the emission factors established by the Administrator or other methods
acceptable to the Administrator.
As noted in the District's June 4, 2020 submittal, pursuant to the
Air Emissions Reporting Requirements rule at 40 CFR part 51, the
District is required to submit emissions inventories for criteria
pollutants to EPA's Emissions Inventory System (EIS), and that sources
emitting less than 25 tpy of NO<INF>X</INF> or VOC are included in
these inventories as area sources. The submission also notes that
emissions from these sources are calculated using emission factors
approved by the Administrator. These small stationary sources are
therefore addressed in accordance with CAA section 182(a)(3)(B)(ii).
Therefore, EPA has determined that the District's existing
emissions statement program, as set forth at 20 DCMR section 500.9,
which is currently in the District's SIP, and the District's reporting
for sources emitting less than 25 tpy of NO<INF>X</INF> or VOC, meet
the emissions statement requirements in CAA section 182(a)(3)(B) for
the 2015 ozone NAAQS. EPA is approving, as a SIP revision, the
District's June 4, 2020 emissions statement program certification as
meeting the requirements of CAA section 182(a)(3)(B) for the 2015 ozone
NAAQS.
Other specific requirements of DOEE's June 4, 2020 submittal and
the rationale for EPA's proposed action are explained in the NPRM and
will not be restated here. No public comments were received on the
NPRM.
III. Final Action
EPA is approving, as a SIP revision, the District of Columbia's
June 4, 2020 emissions statement certification for the 2015 ozone NAAQS
as approvable under CAA section 182(a)(3)(B). The District's emissions
statement certification certifies that the District's existing SIP-
approved emissions statement program under 20 DCMR section 500.9
satisfies the requirements of CAA section 182(a)(3)(B) for the 2015
ozone NAAQS.
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 12, 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 approving the District's emissions statement
certification for the 2015 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 5, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
[[Page 44616]]
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 ``Emissions Statement Certification for the 2015 Ozone
National Ambient Air Quality Standard'' 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
revision geographic area date explanation
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* * * * * * *
Emissions Statement The District of 6/4/20 8/13/21, [insert Federal Certification
Certification for the 2015 Columbia Register citation]. that the
Ozone National Ambient Air portion of the District's
Quality Standard. Washington, DC- previously SIP-
MD-VA approved
nonattainment regulations at
area for the 20 DCMR section
2015 ozone 500.9 meet the
NAAQS (i.e., emissions
the District of statement
Columbia. requirements of
CAA section
182(a)(3)(B)
for the 2015
ozone NAAQS.
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[FR Doc. 2021-17288 Filed 8-12-21; 8:45 am]
BILLING CODE 6560-50-P
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