Proposed Rule2025-20416
Air Plan Approval; District of Columbia; Creation of Synthetic Minor Permit Program
Primary source
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Published
November 20, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Department of Energy and Environment (DOEE, the "Department") on behalf of the District of Columbia (DC, the "District"). The revisions pertain to creating a synthetic minor permit program and resolving the regulatory differences between the District's current regulations and those regulations approved previously in Chapters 1 and 2 of the Air Quality Regulations. The intended effect of this action is to enable DC to create federally enforceable synthetic minor permit conditions for sources of criteria pollutants pursuant to section 110 of the Clean Air Act (CAA, the "Act"). This action is being taken under the CAA.
Full Text
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<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Proposed Rules]
[Pages 52305-52308]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20416]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-0734; FRL-13009-01-R3]
Air Plan Approval; District of Columbia; Creation of Synthetic
Minor Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Department of Energy and Environment (DOEE, the ``Department'') on
behalf of the District of Columbia (DC, the ``District''). The
revisions pertain to creating a synthetic minor permit program and
resolving the regulatory differences between the District's current
regulations and those regulations approved previously in Chapters 1 and
2 of the Air Quality Regulations. The intended effect of this action is
to enable DC to create federally enforceable synthetic minor permit
conditions for sources of criteria pollutants pursuant to section 110
of the Clean Air Act (CAA, the ``Act''). This action is being taken
under the CAA.
DATES: Written comments must be received on or before December 22,
2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-0734 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#82d6e3eeeee7fbacc6e3f4ebe6c2e7f2e3ace5edf4"><span class="__cf_email__" data-cfemail="3662575a5a534f187257405f527653465718515940">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1600 John F Kennedy Boulevard, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2339. Mr. He can also be reached via
electronic mail at <a href="/cdn-cgi/l/email-protection#d2bab7fcabbdbcb5a6bbb3bc92b7a2b3fcb5bda4"><span class="__cf_email__" data-cfemail="e28a87cc9b8d8c85968b838ca2879283cc858d94">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On August 11, 2023, the Department of Energy
and Environment (DOEE) submitted a revision to the DC SIP to create a
synthetic minor permit program and address regulatory differences
between the District's current regulations and those approved
previously in Chapters 1 and 2 of the Air Quality Regulations. DOEE
submitted the SIP revision request along with a SIP revision related to
Startup, Shutdown, and Malfunction (SSM). Those proposed SIP Revisions
related to Chapter 1 and SSM will be processed in a separate SIP
action.
I. Background
A SIP-approved minor source permitting program can include
provisions for issuing permits that establish federally enforceable
emissions limits to restrict the Potential to Emit (PTE) of certain
pollutants below major stationary source and major modification
applicability thresholds. ``Synthetic minor'' permits establish these
federally enforceable emission limits for sources obtaining
construction permits, and also establish these emission limits in the
corresponding operating permits.
This DC SIP revision is intended to create a synthetic minor permit
program through provisions in title 20 of the District of Columbia
Municipal Regulations (20 DCMR), specifically 20 DCMR Chapter 2 Section
200.6 and 200.7 as amended, in conjunction with other provisions that
already existed in 20 DCMR Chapter 2 and were previously approved into
the DC SIP. These provisions enable a new source or modification of an
existing source to limit its PTE below major source thresholds in order
to qualify as minor and avoid major new source review (NSR)
applicability, including the prevention of significant deterioration
(PSD) in attainment areas and nonattainment NSR (NNSR) in nonattainment
areas. These provisions also allow new sources or modifications of
existing sources to avoid major source status under title V of the CAA
through limiting PTE. A stationary source may request federally
enforceable permit limits to limit its PTE to below major source
threshold, thus becoming a minor source ``synthetically.'' The intended
effect is similar to federally enforceable state operating permit
(FESOP) programs established in many states. State operating permit
programs which have been incorporated into the SIP render operating
permits issued pursuant to such a program federally enforceable. This
FESOP mechanism allows sources to reduce their PTE to below the title V
applicability thresholds and thereby legally avoid being subject to
title V.
On June 28, 1989 (54 FR 27274), the EPA published criteria for
approving and incorporating into the SIP regulatory programs for the
issuance of federally enforceable state operating permits (``June 28,
1989 Final Rule'').\1\ Permits issued pursuant to an operating permit
program meeting these criteria and approved into the SIP are
[[Page 52306]]
considered federally enforceable. The EPA has encouraged States to
consider developing such programs in conjunction with title V operating
permit programs for the purpose of creating federally enforceable
limits on a source's PTE. The EPA published a guidance document on
September 18, 1992 entitled ``Limitation of Potential to Emit with
Respect to Title V Applicability Thresholds'' to address a state's
ability to utilize a title V permit, or other federally-enforceable
means, to limit the PTE for various purposes.\2\ On January 22, 1996,
the EPA released the Seitz memo ``EPA Interim Policy on Federal
Enforceability Requirement for Limitations on Potential to Emit.'' \3\
This mechanism would enable sources to reduce their PTE of criteria
pollutants to below the title V applicability thresholds and avoid
being subject to title V.
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\1\ See ``Requirements for the Preparation, Adoption, and
Submittal of Implementation Plans; Approval and Promulgation of
Implementation Plans,'' June 28, 1989 (54 FR 27274).
\2\ <a href="http://www.epa.gov/sites/default/files/2015-08/documents/threshld.pdf">www.epa.gov/sites/default/files/2015-08/documents/threshld.pdf</a>.
\3\ <a href="http://www.epa.gov/sites/default/files/2015-08/documents/pottoemi.pdf">www.epa.gov/sites/default/files/2015-08/documents/pottoemi.pdf</a>.
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The purpose of DC's synthetic minor program is to provide sources a
mechanism to avoid Title V and new source review major source
applicability and make those synthetic minor permit conditions both
enforceable by the District and federally enforceable. Therefore,
requirements for the development of a FESOP program are appropriate
criteria with which to evaluate the DOEE synthetic minor program.
II. Summary of SIP Revision and EPA Analysis
A. SIP Revisions
The District of Columbia submitted a SIP revision to create a
synthetic minor permitting program. The revisions are also intended to
address regulatory differences between the District's current
regulations and those regulations approved previously, thus clarifying
and resolving errors in the existing regulations.
Section 200 (General Permit Requirements) of 20 DCMR Chapter 2
(General and Non-attainment Area Permits) establishes synthetic minor
program provisions. Section 200.6 allows the Department to establish a
condition in a permit issued pursuant to this chapter that limits, in a
manner that is enforceable as a practical matter, emissions from a
source so as to avoid applicability of the permitting requirements of
20 DCMR Section 300.1 (i.e., DC's title V regulations). Essentially,
this provision creates a synthetic minor operating permit program,
along with other provisions in 20 DCMR Chapter 2. Section 200.7 allows
the Department to establish a condition in a permit issued pursuant to
this chapter that limits, in a manner that is enforceable as a
practical matter, emissions from a source so as to avoid applicability
of a District or Federal air quality regulation, other than the
requirements of 20 DCMR section 300.1, except when prohibited by
another District or Federal regulation. Essentially, the provision
creates a synthetic minor preconstruction permit program. Through
provisions in sections 200.6, 200.7 and other sections in 20 DCMR
Chapter 2, DOEE establishes a synthetic minor program to issue
synthetic minor operating permits and synthetic minor preconstruction
permits in DC.
Other substantive changes in Chapter 2 include revisions in the
following sections: (1) in 20 DCMR section 200.8 establishes a source
category permit covering a group of similar sources or emission units;
(2) in 20 DCMR sections 200.9, 200.10, 200.11, 200.12, 200.13, 200.14,
and 200.15 cover administrative aspects of permits issued in Chapter 2
including applications, data requirements, fees, signature process,
exceptions and compliance; (3) in 20 DCMR section 202, Amendment,
Suspensions, Revocation, and Denial of Permits, revisions in sections
202.1, 202.2, 202.6, 202.7, and 202.8 are related to requirements and
procedures on amendment, suspension, revocation, and denial of permits;
and, 4) in 20 DCMR section 210, Notice and Comment Prior to Permit
Issuance, revisions in sections 210.3, 210.4, 210.5, and 210.6 are
related to requirements and procedures on public notice and comment
prior to permit issuance.
B. Evaluation of Synthetic Minor Program Under Section 110 of the Act
In the June 28, 1989 Final Rule, the EPA amended the definition of
``federally enforceable'' to clarify that terms and conditions
contained in state-issued operating permits are federally enforceable
for purposes of limiting a source's maximum potential emission rates or
PTE. The June 28, 1989 Final Rule also established five criteria for
the EPA to approve a state operating permit program. The following
describes each of the criteria for approval of a state operating permit
program for the issuance of federally enforceable operating permits for
purposes of limiting a source's PTE and how DOEE's SIP submittal
seeking to establish a synthetic minor program satisfies those
criteria.
(1) The State operating permit program (i.e., the regulations or
other administrative framework describing how such permits are issued)
is submitted to and approved by the EPA into the SIP.
On August 11, 2023 DOEE submitted a SIP revision request for
approval of its synthetic minor permit program. The DC permit program
codified in 20 DMCR Chapter 2 provides the framework for general and
non-attainment area permits issuance. DC revised 20 DCMR Chapter
section 200.6 to establish conditions for a source to avoid title V
permit requirements, and section 200.7 to establish conditions to avoid
major NSR requirements and applicability of other major source
requirements. DC has requested these revisions to be approved into the
DC SIP.
(2) The SIP imposes a legal obligation that operating permit
holders adhere to the terms and limitations of such permits (or
subsequent revisions of the permit made in accordance with the approved
operating permit program) and provides that permits which do not
conform to the operating permit program requirements and the
requirements of the EPA's underlying regulations may be deemed not
``federally enforceable'' by the EPA.
The DOEE permit program in 20 DCMR Chapter 2 section 200.15
explicitly requires that a person shall comply with the conditions of
any permit issued pursuant to this chapter. The general provisions of
the permit program at sections 200.6 and 200.7 establish that permit
conditions must be enforceable as a practical matter. Furthermore, the
permit program's definitions of ``enforceable as a practical matter''
and ``federally enforceable'' in 20 DCMR Chapter 1 section 199 require
that permit terms must meet the EPA's minimum criteria for Federal
enforceability, including public participation and practical
enforceability requirements.
(3) The State operating permit program requires that all emissions
limitations, controls, and other requirements imposed by such permits
be at least as stringent as any other applicable limitations and
requirements contained in the SIP or enforceable under the SIP. The
State operating permit program also requires that the program not issue
permits that waive, or make less stringent, any limitations or
requirements contained in or issued pursuant to the SIP, or that are
otherwise ``federally enforceable'' (e.g. standards established under
sections 111 and 112 of The Act).
The DC synthetic minor program established in section 200.6 and
200.7, requires that all limits in permits issued
[[Page 52307]]
pursuant to this Chapter shall be enforceable as a practical matter,
and limits must not be designated as enforceable only by the District,
i.e., federally enforceable. Permits shall contain emission limitations
and other requirements that are at least as stringent as any applicable
limitation in the SIP. The program also establishes that no permit
shall contravene the requirements of any other District or Federal
regulations.
(4) The limitations, controls, and requirements in the operating
permits are permanent, quantifiable, and otherwise enforceable as a
practical matter.
Sections 200.6 and 200.7 state that a permit condition must be
``enforceable as a practical matter.'' DC regulations in 20 DMCR
section 199 define ``federally enforceable'' and ``enforceable as a
practical matter''. The definition of ``Federally enforceable'' in
section 199 matches verbatim the definition in 40 Code of Federal
Regulations (CFR) 51.165. The DOEE permit program defines ``enforceable
as a practical matter'' to mean that a permit must specify emission
limitation or standards the source subject to, the time period for the
limitation, and the method to determine compliance (See 20 DCMR section
199). Sufficient recordkeeping, reporting, and monitoring provisions
must also be provided to ensure compliance.
(5) The permits are issued subject to public participation. This
means that the State agrees, as part of its program, to provide the EPA
and the public with timely notice of the proposal and issuance of such
permits, and to provide the EPA, on a timely basis, with a copy of each
proposed (or draft) and final permit intended to be federally
enforceable. This process must also provide an opportunity for public
comment on the permit applications prior to issuance of the final
permit (54 FR 27274, June 28, 1989).
The ``federally enforceable'' synthetic minor permits issued under
the permit program are subject to public participation. The permit
program's public participation provisions at 20 DMCR Chapter 2 section
210 require that for a permit to be federally enforceable the draft
permit must be subject to an adequately publicized 30-day public
comment period. The permit program also provides the opportunity for a
public hearing. The general provisions of the permit program at section
210.6 require DOEE to provide the EPA with a copy of the draft permit
and final permit on a timely basis.
Therefore, DC's synthetic minor program is consistent with the five
criteria for approving a state operating permit program into a SIP.
Permits issued under an approved program are federally enforceable and
may be used to limit the PTE for sources of criteria air pollutants. In
meeting those five requirements as discussed above, DC's synthetic
minor program also meet the requirements of 40 CFR 51.160 through 165
on legally enforceable procedures, public availability of information,
administrative procedure and permit requirements.
Section 110(a)(2)(C) of the CAA requires that SIPs include a
program to regulate the construction and modification of stationary
sources as necessary to ensure that the national ambient air quality
standards (NAAQS) are maintained. 20 DMCR Chapter 2 section 200 and
section 204 have been part of the DC SIP for many years and meet the
requirements in section 110(a)(2)(C) of the Act which requires all SIPs
to provide for the regulation of the modification and construction of
any stationary source within the areas covered by the plan
implementation as necessary to assure that NAAQS are achieved. CAA
section 110(l) provides that revision to an implementation plan
submitted by a state under this chapter shall be adopted by such state
after reasonable notice and public hearing. The DC SIP submission
provided documentation of public comment and public hearing notices of
the DC rulemaking. The DC SIP submission met the public notice and
public hearing requirements. Further, because the permits issued under
DC's synthetic minor permit program will be federally enforceable, and
the limitations, controls and requirements in the permits will be
permanent, quantifiable and enforceable as a practical matter, the EPA
finds that these revisions in DC SIP will not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable CAA requirement. Therefore, the
proposed DC SIP revision meets the requirements of 110 of the CAA.
III. Proposed Action
The EPA has reviewed DC's proposed changes to the DOEE's permit
program in 20 DCMR Chapter 2 and has determined that they meet all
applicable Federal requirements for approval. The EPA proposes to
approve the District of Columbia's August 11, 2023 SIP revision for
creating a synthetic minor permit program, pursuant to section 110 of
the CAA and the approval criteria specified in the June 28, 1989
Federal Register document (54 FR 27274-27286).
The EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.
IV. Incorporation by Reference
In this document, the EPA proposes to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA proposes to incorporate by
reference the DC air quality regulations in Chapter 2 of 20 DCMR, as
describe in section II of this document. The EPA has made, and will
continue to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> 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).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<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);
[[Page 52308]]
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025-20416 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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