Rule2026-11170
Clean Air Act Title V Operating Permit Program Revision; District of Columbia
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
June 4, 2026
Effective
July 6, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the District of Columbia (DC, the District's) title V operating permits program, submitted on behalf of the District by the Department of Energy and Environment (DOEE). The revision will update the title V operating permit fees collected by DOEE in order to ensure that the title V operating program will continue to be adequately funded. The revision also reorganized some sections in Chapter 3 of 20 District of Columbia Municipal Regulations (20 DCMR) with no substantive change in content. The EPA is approving these revisions to the DC title V program in accordance with the requirements under section 502 of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 91 Issue 107 (Thursday, June 4, 2026)</title>
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[Federal Register Volume 91, Number 107 (Thursday, June 4, 2026)]
[Rules and Regulations]
[Pages 33617-33618]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11170]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R03-OAR-2025-1614; FRL-13044-02-R3]
Clean Air Act Title V Operating Permit Program Revision; District
of Columbia
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the District of Columbia (DC, the District's) title V
operating permits program, submitted on behalf of the District by the
Department of Energy and Environment (DOEE). The revision will update
the title V operating permit fees collected by DOEE in order to ensure
that the title V operating program will continue to be adequately
funded. The revision also reorganized some sections in Chapter 3 of 20
District of Columbia Municipal Regulations (20 DCMR) with no
substantive change in content. The EPA is approving these revisions to
the DC title V program in accordance with the requirements under
section 502 of the Clean Air Act (CAA).
DATES: This final rule is effective on July 6, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2025-1614. All documents in the docket are
listed on the <a href="http://www.regulations.gov">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="http://www.regulations.gov">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: 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#caa2afe4b3a5a4adbea3aba48aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="b9d1dc97c0d6d7decdd0d8d7f9dcc9d897ded6cf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On January 8, 2026 (91 FR 654), the EPA published a notice of
proposed rulemaking (NPRM) for the District of Columbia. In the NPRM,
the EPA proposed the approval of a revision to the DC title V program
codified in 20 DCMR Chapter 3 to update title V operating permit fees
collected by DOEE in order to ensure that the title V operating program
will continue to be adequately funded. The formal title V program
revision request was submitted by DOEE on May 30, 2024.
DOEE's updated fee collection schedule is designed to ensure
sufficient funding for its title V program, in order to cover all
reasonable costs required to implement and administer the DOEE Title V
Operating Permit Program as required by 40 CFR 70.9(a) and (b). Under
40 CFR 70.9(a), an approved state or local title V operating permits
program must require that the owners or operators of 40 CFR part 70
sources pay annual fees, or the equivalent over some other period, that
are sufficient to cover the permit program costs and ensure that any
fee required under 40 CFR 70.9 is used solely for permit program costs.
The fee schedule must result in the collection and retention of
revenues sufficient to cover the permit program implementation and
oversight costs. See 40 CFR 70.9(b).
II. Summary of SIP Revision and EPA Analysis
In its May 30, 2024 submittal, DC sought the EPA's approval of its
revisions to 20 DCMR Chapter 3 into its title V program. DC's revisions
to 20 DCMR Chapter 3 revised fees (section 305) for its title V
operating permit program. The revision reorganized three sections in
Chapter 3 with no substantive change in content, including section 300
on applicability, section 301 on permit applications, and section 303
on permit issuance, renewal, reopening, and revision. The revision also
clarified and resolved errors in the existing regulations, including
adding a definition for the term ``relevant emission units.''
The EPA reviewed DOEE's submittal for consistency with the
presumptive minimum fee rate outlined in the September 17, 2024, EPA
Office of Air Quality Planning and Standards memorandum, as well as the
requirements of 40 CFR 70.9(b)(2), and determined that DOEE met the
requirements of CAA section 502. The EPA also determined the submittal
is consistent with applicable EPA requirements in the title V operating
permit program of the CAA and 40 CFR 70.9 for the collection of
sufficient title V fees to cover permit program implementation and
oversight costs. This action approves DC's revision of its title V fees
in order to ensure the fees collected are sufficient to fund DC's title
V program.
Other specific requirements of this revision to the DC title V
program and the rationale for the EPA's proposed rulemaking are
explained in the NPRM and will not be restated here.
III. The EPA's Response to Comments Received
The EPA received two sets of comments on its January 8, 2026
proposed rulemaking to approve revisions to the DC title V program.
Both of these comments supported the proposed rulemaking, thus no
further response is needed from the EPA. A full
[[Page 33618]]
set of these comments is provided in the docket for this final action.
IV. Final Action
The EPA is approving the changes to the DOEE's title V permit
program codified in 20 DCMR Chapter 3. The revisions meet the relevant
requirements of section 502 of the CAA and 40 CFR 70.4 and 70.9.
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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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);
<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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 3, 2026. 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 to approve the revisions to the DC
title V program revision may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide 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.
For the reasons stated in the preamble, the EPA amends 40 CFR part
70 as follows:
PART 70--STATE OPERATING PERMIT PROGRAMS
0
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Appendix A to part 70 is amended by adding paragraph (e) under
``District of Columbia'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permit Programs
* * * * *
District of Columbia
* * * * *
(e) The District of Columbia submitted a program revision on May
30, 2024 to update the title V operating permit fees collected by
the DOEE; approval effective on June 4, 2026.
* * * * *
[FR Doc. 2026-11170 Filed 6-3-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 4, 2026.
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