Proposed Rule2025-20419
Approval and Promulgation of State Air Quality Plans (Negative Declarations) for Designated Facilities and Pollutants; District of Columbia
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 the negative declarations submitted by the District of Columbia Department of Energy and Environment (DCDOEE) on July 19, 2024 and August 28, 2024. The negative declarations submitted by the DCDOEE certify that there are no existing large municipal waste combustors (LMWC), crude oil and natural gas facilities, or electric utility generating units subject to sections 111(d) and 129 of the Clean Air Act (CAA) within the jurisdiction of the District of Columbia.
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 52312-52313]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20419]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2025-1746; FRL-13006-01-R3]
Approval and Promulgation of State Air Quality Plans (Negative
Declarations) for Designated Facilities and Pollutants; District of
Columbia
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the negative declarations submitted by the District of Columbia
Department of Energy and Environment (DCDOEE) on July 19, 2024 and
August 28, 2024. The negative declarations submitted by the DCDOEE
certify that there are no existing large municipal waste combustors
(LMWC), crude oil and natural gas facilities, or electric utility
generating units subject to sections 111(d) and 129 of the Clean Air
Act (CAA) within the jurisdiction of the District of Columbia.
DATES: Written comments must be received on or before December 22,
2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-1746 at <a href="http://Regulations.gov">Regulations.gov</a>, or via email to <a href="/cdn-cgi/l/email-protection#98ecf9f4f4fde1b6fcf9eef1fcd8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="f185909d9d9488df9590879895b1948190df969e87">[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, 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. 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: Krystal Stankunas, 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) 814-5271. Ms.
Stankunas can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#2f7c5b4e41445a414e5c01445d565c5b4e436f4a5f4e01484059"><span class="__cf_email__" data-cfemail="603314010e0b150e01134e0b12191314010c200510014e070f16">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The CAA requires state regulatory agencies to implement emission
guidelines and associated compliance times using a state plan developed
under sections 111(d) and 129 of the CAA. Section 111(d) of the CAA
establishes standards of performance for certain existing sources. Air
pollutants included under this section are those which have not already
been established as air quality criteria pollutants via 42 U.S.C.
7408(a) or hazardous air pollutants via 42 U.S.C. 7412. Section
111(d)(1) requires states to submit to EPA for approval a plan that
establishes standards of performance. The plan must provide that the
state will implement and enforce the standards of performance.
Section 129 of the CAA requires emission guidelines to be
promulgated for solid waste incineration units, including LMWCs.
Section 129 mandates that all plan requirements be at least as
protective as the promulgated emission guidelines, including fixed
final compliance dates, fixed compliance schedules, and title V
permitting requirements for all affected sources. Section 129 also
requires the states to submit plans to the EPA within one year after
promulgation of the emission guidelines and compliance times.
The EPA prescribes a Federal plan if a state does not submit a
state-specific plan or the submitted plan is disapproved. If a state
has no designated facilities for a standards of performance source
category, it may submit a negative declaration in lieu of a state plan
for that source category in accordance with 40 Code of Federal
Regulations (CFR) 60.23(b), 60.23a(b) and 62.06.
II. Summary of Action and EPA Analysis
The Emissions Guidelines and Compliance Times for Large Municipal
Waste Combustors That are Constructed on or Before September 20, 1994,
as codified at 40 CFR part 60 subpart Cb (subpart Cb) apply to states
with designated LMWCs. An LMWC is defined at 40 CFR 60.32b(a). The
designated facilities to which the emission guidelines and compliance
times apply are existing LMWC units for which construction was
commenced on or before September 20, 1994.
The Emissions Guidelines for Greenhouse Gas Emissions From Existing
Crude Oil and Natural Gas Facilities, as codified at 40 CFR part 60
subpart OOOOc (subpart OOOOc) apply to states with one or more of the
onshore designated facilities listed under 40 CFR 60.5386c(a) through
(h) for which construction, modification, or reconstruction was
commenced on or before December 6, 2022. The crude oil and natural gas
source category is defined at 40 CFR 60.5430c.
The Emission Guidelines for Greenhouse Gas Emissions for Electric
Utility Generating Units, as codified at
[[Page 52313]]
40 CFR part 60 subpart UUUUb (subpart UUUUb) apply to states with an
affected steam generating unit (EGU) as defined at 40 CFR 60.5845b(b).
EGUs addressed by this subpart include those specified by the dates
listed under 40 CFR 60.5845(a).
The DCDOEE submitted negative declarations to the EPA on July 19,
2024, and August 28, 2024, certifying that there are no existing large
municipal waste combustors, crude oil and natural gas facilities, or
electric utility generating units in its jurisdiction that are subject
to the requirements of 40 CFR part 60 subpart Cb, subpart OOOOc, and
subpart UUUUb, respectively. For additional background information on
DCDOEE's negative declaration, see the documents that are available at
<a href="http://Regulations.gov">Regulations.gov</a>, Docket ID No. EPA-R03-OAR-2025-1746.
III. Proposed Action
The EPA is proposing to amend 40 CFR part 62 to reflect EPA's
receipt of DCDOEE's negative declarations for large municipal waste
combustors, crude oil and natural gas facilities, and electric utility
generating units. The negative declarations satisfy the requirements of
40 CFR 60.23(b), 60.23a(b), and 62.06, serving in lieu of a CAA section
111(d)/129 plan for existing large municipal waste combustors, crude
oil and natural gas facilities. The EPA is soliciting public comments
on the issues discussed in this document. These comments will be
considered before taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the EPA has the authority to delegate to a state or
local agency the authority to implement a 111(d)/129 Federal Plan so
long as the delegation complies with the provisions of the CAA and
applicable Federal regulations. Thus, in reviewing 111(d)/129 Federal
Plan delegation requests, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA and the EPA's
implementing regulations. Accordingly, this action merely notifies the
public of the EPA's receipt of DCDOEE's negative declarations for large
municipal waste combustors, crude oil and natural gas facilities, and
electric utility generating units and does not impose additional
requirements. For that reason, the EPA concludes the following.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not expected to be an Executive Order 14192
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA (44 U.S.C. 3501 et seq.) because it does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
This action 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.). This action merely delegates to
the local agency the authority to implement the already applicable
requirements of the Federal Plan.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate, as described in
the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and does
not significantly or uniquely affect small governments.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999) because it will
not have substantial direct effects on the states, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs Federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in Federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because it is not a significant regulatory action under section
3(f)(1) of Executive Order 12866, and because the EPA does not believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. This action
is not subject to the 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.
J. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Waste treatment and disposal.
Authority: 42 U.S.C. 7401 et seq.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025-20419 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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