Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Nonattainment New Source Review Requirements for 2008 8-Hour Ozone Standard, 32072-32076 [2019-14144]
Download as PDF
32072
Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Rules and Regulations
Name of
non-regulatory
SIP revision
*
Emissions Statements Rule Certification for the
2008 Ozone
NAAQS.
Applicable geographic area
*
*
Delaware’s portions of the PhiladelphiaWilmington-Atlantic City, PA–NJ–MD–
DE 2008 ozone NAAQS nonattainment area (i.e. New Castle County)
and the Seaford 2008 ozone NAAQS
nonattainment area (i.e. Sussex
County).
*
06/29/2018
EPA approval date
Additional explanation
*
07/05/2019, [Insert
Federal Register
citation].
*
*
Certification that Delaware’s SIP-approved regulations under 7 DE Administrative Code 1117 Section 7.0
Emission Statement meet the emissions statements requirements of
CAA section 182(a)(3)(B) for the
2008 ozone NAAQS.
section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Johansen, Permits Branch (3AD10),
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2156.
Ms. Johansen can also be reached via
electronic mail at johansen.amy@
epa.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
[FR Doc. 2019–14360 Filed 7–3–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0754; FRL–9995–97Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Nonattainment New
Source Review Requirements for 2008
8-Hour Ozone Standard
jbell on DSK3GLQ082PROD with RULES
State
submittal
date
I. Background
On March 19, 2019 (84 FR 9995), EPA
published a notice of proposed
AGENCY: Environmental Protection
rulemaking (NPRM) for the District. In
Agency (EPA).
the NPRM, EPA proposed approval of
ACTION: Final rule.
the District’s NNSR Certification for the
SUMMARY: The Environmental Protection 2008 8-hour ozone NAAQS. The formal
Agency (EPA) is approving a state
SIP revision was submitted by the
implementation plan (SIP) revision
District on May 23, 2018. This SIP
submitted by the District of Columbia
revision was in response to EPA’s final
(the District). The revision is in
2008 8-hour ozone NAAQS Findings of
response to EPA’s February 3, 2017
Failure to Submit for NNSR
Findings of Failure to Submit for
requirements. See 82 FR 9158 (February
various requirements relating to the
3, 2017). Specifically, the District
2008 8-hour ozone national ambient air
certified that its existing NNSR program,
quality standards (NAAQS). This SIP
covering the District portion of the
revision is specific to nonattainment
Washington, DC-MD-VA Nonattainment
new source review (NNSR)
Area (Washington Area) for the 2008 8requirements. This action is being taken hour ozone NAAQS, is at least as
under the Clean Air Act (CAA).
stringent as the requirements at 40 CFR
51.165, as amended by the final rule
DATES: This final rule is effective on
titled ‘‘Implementation of the 2008
August 5, 2019.
National Ambient Air Quality Standards
ADDRESSES: EPA has established a
for Ozone: State Implementation Plan
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0754. All Requirements’’ (SIP Requirements Rule),
for ozone and its precursors.1 2 See 80
documents in the docket are listed on
FR 12264 (March 6, 2015).
the https://www.regulations.gov
website. Although listed in the index,
1 The SIP Requirements Rule addresses a range of
some information is not publicly
nonattainment area SIP requirements for the 2008
available, e.g., confidential business
8-hour ozone NAAQS, including requirements
information (CBI) or other information
pertaining to attainment demonstrations, reasonable
whose disclosure is restricted by statute. further progress (RFP), reasonably available control
technology, reasonably available control measures,
Certain other material, such as
major new source review, emission inventories, and
copyrighted material, is not placed on
the timing of SIP submissions and of compliance
the internet and will be publicly
with emission control measures in the SIP. The rule
also revokes the 1997 ozone NAAQS and
available only in hard copy form.
establishes anti-backsliding requirements.
Publicly available docket materials are
2 On February 16, 2018, the United States Court
available through https://
of Appeals for the District of Columbia Circuit (D.C.
www.regulations.gov, or please contact
Cir. Court or Court) issued an opinion on the EPA’s
the person identified in the FOR FURTHER SIP Requirements Rule. South Coast Air Quality
VerDate Sep<11>2014
17:30 Jul 03, 2019
Jkt 247001
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR 50.15, the 2008
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
0.075 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 2008 8-hour
ozone NAAQS on May 21, 2012
(effective July 20, 2012) using 2008–
2010 ambient air quality data. See 77 FR
30088. On March 6, 2015, 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 2008 8-hour
ozone NAAQS. See 80 FR 12264. Areas
that were designated as marginal ozone
nonattainment areas were required to
attain the 2008 8-hour ozone NAAQS no
later than July 20, 2015, based on 2012–
2014 monitoring data. See 40 CFR
51.1103. The Washington Area did not
attain the 2008 8-hour ozone NAAQS by
July 20, 2015; however, the area did
meet the CAA section 181(a)(5) criteria,
as interpreted in 40 CFR 51.1107, for a
one-year attainment date extension. See
81 FR 26697 (May 4, 2016). Therefore,
on April 11, 2016, the EPA
Administrator signed a final rule
extending the Washington Area 8-hour
Mgmt. Dist. v. EPA, 882 F.3d 1138, 2018 U.S. App.
LEXIS 3636 (DC Cir. February 16, 2018). The D.C.
Cir. Court found certain provisions from the SIP
Requirements Rule to be inconsistent with the
statute or unreasonable and vacated those
provisions. Id. The Court found other parts of the
SIP Requirements Rule reasonable and denied the
petition for appeal on those provisions. Id.
E:\FR\FM\05JYR1.SGM
05JYR1
Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Rules and Regulations
ozone NAAQS attainment date from
July 20, 2015 to July 20, 2016. Id.3
Based on initial nonattainment
designations for the 2008 8-hour ozone
NAAQS, as well as the March 6, 2015
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 2008 8-hour ozone NAAQS (i.e.,
July 20, 2015).4 See 80 FR 12264 (March
6, 2015). EPA is approving the District’s
May 23, 2018 NNSR Certification SIP
revision for the 2008 8-hour ozone
NAAQS.
jbell on DSK3GLQ082PROD with RULES
II. Summary of SIP Revision and EPA
Analysis
This rulemaking action 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 2008 8-hour
ozone NAAQS are located in 40 CFR
51.160 through 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), apply to the construction and
modification of major stationary sources
in nonattainment areas. In its May 23,
2018 SIP revision, the District certified
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.
In addition, on February 3, 2017, EPA
found that 15 states and the District
failed to submit SIP revisions in a
timely manner to satisfy certain
requirements for the 2008 8-hour ozone
NAAQS that apply to nonattainment
areas and/or states in the OTR. See 82
FR 9158. As explained in that
3 EPA approved a Determination of Attainment
(DOA) for the 2008 8-hour ozone NAAQS for the
Washington Area. This action was based on
complete, certified, and quality assured ambient air
quality monitoring data for the 2013–2015
monitoring period. See 82 FR 52651 (November 14,
2017). It should be noted that a DOA does not
alleviate the need for the District to certify that its
existing SIP approved NNSR program is as stringent
as the requirements at 40 CFR 51.165, as NNSR
applies in nonattainment areas until an area has
been redesignated to attainment.
4 Neither the District’s obligation to submit the
NNSR Certification SIP nor the requirements
governing that submission were affected by the D.C.
Circuit’s February 16, 2018 decision on portions of
the SIP Requirements Rule in South Coast Air
Quality Mgmt. Dist. v. EPA.
VerDate Sep<11>2014
17:30 Jul 03, 2019
Jkt 247001
rulemaking action, consistent with the
CAA and EPA regulations, these
Findings of Failure to Submit
established certain deadlines for the
imposition of sanctions, if a state does
not submit a timely SIP revision
addressing the requirements for which
the finding is being made, and for the
EPA to promulgate a Federal
implementation plan (FIP) to address
any outstanding SIP requirements.
EPA found, inter alia, that the District
failed to submit SIP revisions in a
timely manner to satisfy NNSR
requirements for the Washington Area.
The District submitted its May 23, 2018
SIP revision to address the specific
NNSR requirements for the 2008 8-hour
ozone NAAQS, located in 40 CFR
51.160 through 165, as well as its
obligations under EPA’s February 3,
2017 Findings of Failure to Submit.
EPA’s analysis of how this SIP revision
addresses the NNSR requirements for
the 2008 8-hour ozone NAAQS and the
Findings of Failure to Submit was
discussed in the NPRM and will not be
restated here.
III. Public Comments and EPA
Response
EPA received one set of relevant
comments on the March 19, 2019
NPRM. A summary of the comments
and EPA’s responses are discussed in
this Section. A copy of the comments
can be found in the docket for this
rulemaking action.
Comment: The commenter affirms
that under the CAA the EPA sets
NAAQS for six criteria pollutants and
after each NAAQS is set, states
throughout the United States are
required to develop reduction strategies,
plans, and programs in order to attain
those NAAQS. Further, the commenter
notes that in 2008 EPA revised the 8hour ozone NAAQS to 0.075 parts per
million, which is attained when the
three-year average of the annual fourthhighest daily maximum average is less
than 0.075 ppm. The commenter asserts
there is evidence to show that there is
a relationship between ozone exposure
and a number of lung and heart related
diseases in children and adults, which
in some cases increases visits to the
Emergency Department (ED). Lastly, the
commenter notes that ozone impacts
human health and, if EPA approves the
District’s SIP, it is going against EPA’s
missions to protect human and
environmental health.
EPA Response: While not the subject
of this rulemaking action, EPA thanks
the commenter for their comments and
agrees with the commenter’s assertions,
as it relates to setting the NAAQS and
the impacts ozone can have on our
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
32073
health and the environment. In order to
protect human health and welfare, the
CAA requires EPA to establish NAAQS
for certain common and widespread
pollutants based on the latest science.
Sections 108 and 109 of the CAA govern
the establishment, review and revision,
as appropriate, of the NAAQS for each
of the six common criteria air
pollutants: Ground-level ozone,
particulate matter, carbon monoxide,
lead, sulfur dioxide, and nitrogen
dioxide. The CAA requires periodic
review of the science upon which the
standards are based and the standards
themselves.
EPA concurs that ozone pollution can
trigger a variety of health problems,
particularly for children, the elderly,
and people of all ages who have lung
diseases such as asthma. Which may in
turn, increase emergency room visits
and days absent from school and work.
Specific to the 2008 8-hour ozone
NAAQS, EPA looked at many
epidemiological studies to determine
ozone’s effect on the population.5
Upon EPA’s comprehensive review of
the ozone NAAQS, the 2008 8-hour
ozone standard in this instance, EPA
issued its final action to revise the
NAAQS for ozone to establish new 8hour standards. See 73 FR 16436 (March
27, 2008). In that action, the EPA
promulgated identical revised primary
(health-based) and secondary (welfarebased) ozone standards, designed to
protect public health and welfare, of
0.075 parts per million (ppm).6 Those
standards are met when the 3-year
average of the annual fourth highest
daily maximum 8-hour average ozone
concentration is less than or equal to
0.075 ppm. See 40 CFR 50.15.
As discussed in the NPRM,
promulgation of a revised NAAQS
triggers a requirement for the EPA to
designate areas of the country as
nonattainment, attainment, or
unclassifiable for the standards; for
ozone NAAQS, this also involves
classifying any nonattainment areas at
the time of designation. See CAA
sections 107(d)(1) and 181(a)(1). Ozone
nonattainment areas are classified based
on the severity of their ozone levels (as
determined based on the area’s ‘‘design
value,’’ which represents air quality in
the area for the most recent three years).
5 For more specifics on EPA’s review of the health
effects considered, see: U.S. Environmental
Protection Agency, March 2008. Final Ozone
NAAQS Regulatory Impact Analysis. EPA–452/R–
08–003. https://www3.epa.gov/ttn/ecas/docs/ria/
naaqs-o3_ria_final_2008-03.pdf.
6 Since the 2008 primary and secondary NAAQS
for ozone are identical, for convenience, we refer to
both as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008
ozone standard.’’
E:\FR\FM\05JYR1.SGM
05JYR1
32074
Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Rules and Regulations
jbell on DSK3GLQ082PROD with RULES
The possible classifications for ozone
nonattainment areas are marginal,
moderate, serious, severe, and extreme.
See CAA section 181(a)(1).
Nonattainment areas with a ‘‘lower’’
classification have ozone levels that are
closer to the standard than areas with a
‘‘higher’’ classification.7 On May 21,
2012 and June 11, 2012, the EPA issued
rules designating 46 areas throughout
the country as nonattainment for the
2008 ozone NAAQS, effective July 20,
2012, and establishing classifications for
the designated nonattainment areas.8 As
noted previously, the Washington Area
was designated as marginal for the 2008
8-hour ozone standard. Areas
designated nonattainment for the ozone
NAAQS are subject to the general
nonattainment area planning
requirements of CAA section 172 and
also to the ozone-specific planning
requirements of CAA section 182. States
in the OTR are additionally subject to
the requirements outlined in CAA
section 184. Ozone nonattainment areas
in the lower classification levels have
fewer and/or less stringent mandatory
air quality planning and control
requirements than those in higher
classifications. For a marginal area, a
state is required to submit a baseline
emissions inventory and adopt a SIP
requiring emissions statements from
stationary sources and implementing a
NNSR program for the relevant ozone
standard. See CAA section 182(a). For a
moderate area, a state needs to comply
with the marginal area requirements,
plus additional requirements, including
the requirement to submit a
demonstration that the area will attain
in six years, the requirement to adopt
and implement certain emissions
controls, such as Reasonably Available
Control Technology (RACT), and the
requirement for greater emissions offsets
for new or modified major stationary
sources under the state’s NNSR
program. For each higher ozone
nonattainment classification, a state
needs to comply with all lower area
classification requirements, plus
additional emissions controls and more
expansive NNSR offset requirements.
The CAA sets out specific
requirements for states in the OTR.9
Upon promulgation of the 2008 ozone
7 See 40 CFR 51.1103 for the design value
thresholds for each classification for the 2008 ozone
NAAQS.
8 77 FR 30088 (May 21, 2012) and 77 FR 34221
(June 11, 2012).
9 CAA section 184 details specific requirements
for a group of states (and the District of Columbia)
that make up the OTR. States in the OTR are
required to submit RACT SIP revisions and
mandate a certain level of emissions control for the
pollutants that form ozone, even if the areas in the
state meet the ozone standards.
VerDate Sep<11>2014
17:30 Jul 03, 2019
Jkt 247001
NAAQS, states in the OTR were
required to submit a SIP revision for
RACT. See 40 CFR 51.1116. As noted in
the March 19, 2019 NPRM, this
requirement is the only recurring
obligation for an OTR state upon
revision of a NAAQS, unless that state
also contains some portion of a
nonattainment area for the revised
NAAQS. In that case, the nonattainment
requirements described above also
apply to those portions of that state.
On March 6, 2015, the EPA
established a final implementation rule
for the 2008 ozone SIP Requirements
Rule. See 80 FR 12264. The purpose of
that action was to detail the
requirements applicable to ozone
nonattainment areas, as well as
requirements that apply in the OTR, and
provide specific deadlines for SIP
submittals.
EPA agrees with the commenter and
has taken the appropriate steps to
promulgate ozone NAAQS that are
protective of human health and the
environment, in addition to providing
ozone nonattainment areas with their
specific statutory obligations under the
CAA. EPA disagrees with the
commenter’s assertion that by approving
the District’s 2008 8-hour ozone SIP
revision certifying that its NNSR
program is adequate, EPA is somehow
going against its mission to protect
human health and the environment. To
the contrary, EPA has determined that
the District is meeting their statutory
obligations relating to NNSR permitting
as needed to work towards attaining and
maintaining the 2008 8-hour ozone
NAAQS, as required by the CAA and
the final SIP Requirements Rule.
Comment: The commenter states that
in 2012, the Washington Area was in
nonattainment and, subsequently in
2015 EPA issued a rule requiring state,
local, and tribal air quality management
agencies to create plans and programs to
reduce ozone pollution. The commenter
notes that the Washington Area
modified its SIP and that EPA should
not approve the District’s SIP (EPA
assumes the commenter is referring to a
revision to the District’s SIP).
EPA Response: EPA agrees with the
commenter’s first point and notes that,
as stated in the NPRM, the Washington
Area was classified as marginal
nonattainment for the 2008 8-hour
ozone NAAQS on May 21, 2012
(effective July 20, 2012) using 2008–
2010 ambient air quality data. See 77 FR
30088.
As it relates to the commenter’s
second point, in EPA’s March 19, 2019
NPRM and in the previous response to
comment, EPA thoroughly discussed
specific SIP requirements for the 2008
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
ozone NAAQS as set forth in the March
6, 2015 final SIP Requirements Rule and
those specific requirements will not be
restated here. See 84 FR 9995.
Lastly, it is unclear to EPA what SIP
revision (or plan revision) the
commenter is referring to and, therefore,
EPA cannot offer a specific response,
except to reaffirm that per the subject of
this rulemaking action, EPA is finalizing
its determination that the District’s
existing NNSR program for the 2008 8hour ozone NAAQS is at least as
stringent as the requirements at 40 CFR
51.165, as amended by the final SIP
Requirements Rule, for ozone and its
precursors. See 80 FR 12264 (March 6,
2015).
Comment: The commenter
emphasized that the District’s SIP states
that because the District is in the OTR,
they do not need to meet the NAAQS
requirements. The commenter then
notes that because they are in the OTR,
they are only required to meet the
threshold under the Federal OTR
requirements.
EPA Response: EPA believes the
commenter misunderstood the
statement being made in the District’s
May 23, 2018 SIP revision. In EPA’s
March 19, 2019 NPRM, there was a
thorough discussion related to
applicable OTR requirements and those
specifics will not be restated here,
except to note that the entire District is
currently designated as nonattainment
for the 2008 8-hour ozone NAAQS. See
‘‘Summary of SIP Revision and EPA
Analysis’’ in 84 FR 9995. Therefore,
OTR emissions threshold requirements
would not apply, but NNSR emissions
thresholds (and all other NNSR
requirements) continue to apply. See 40
CFR 51.165(a)(1)(iv)(A)(1). If EPA
redesignates the Washington Area to
attainment for the 2008 8-hour ozone
NAAQS, at that time NNSR would no
longer apply, but the Federal prevention
of significant deterioration (PSD) and
Federal OTR requirements (i.e.,
emissions thresholds and other
applicable requirements) would apply
to major sources in the District.
Comment: The commenter asserts that
despite the District never being
classified as extreme nonattainment for
ozone, the District should do a full
review of their regulations.
EPA Response: EPA agrees with the
commenter’s first point and the
District’s own assertion in its May 23,
2018 SIP revision. The District has
never been classified as extreme
nonattainment for an ozone NAAQS.
Regarding the statement that the District
should do a full review of its
regulations, that comment is outside the
scope of this action. This specific
E:\FR\FM\05JYR1.SGM
05JYR1
jbell on DSK3GLQ082PROD with RULES
Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Rules and Regulations
rulemaking action is focused on NNSR
requirements that apply to the
nonattainment area and the District’s
SIP approved NNSR program,
established in Chapters 1 (Air QualityGeneral Rules) and 2 (Air Quality—
General and Nonattainment Area
Permits) in Title 20 of the District of
Columbia Municipal Regulations
(DCMR). The District evaluated the
necessary regulations for this
rulemaking action and certified in its
May 23, 2018 SIP revision that its
existing Federally-approved NNSR
program is at least as stringent as the
Federal NNSR requirements found at 40
CFR 51.165, and based on EPA’s
analysis of that SIP revision, EPA agrees
with the District and is moving forward
to approve this rulemaking action.
Comment: The commenter makes a
claim that in 2017, the Director of the
District’s Department of Energy and
Environment (DOEE) claimed to be
close to achieving the NAAQS standard
for ozone, which has yet to happen.
EPA Response: While EPA cannot
speak to specific statements made by the
Director of DOEE, nor are those alleged
statements the subject of this
rulemaking action, EPA can identify its
approval of a Determination of
Attainment (DOA) for the 2008 8-hour
ozone NAAQS for the Washington Area.
That action was based on complete,
certified, and quality assured ambient
air quality monitoring data for the 2013–
2015 monitoring period. See 82 FR
52651 (November 14, 2017). It should be
noted that a DOA does not alleviate the
need for the District to certify that its
existing SIP approved NNSR program is
as stringent as the requirements at 40
CFR 51.165, as NNSR applies in
nonattainment areas until an area has
been redesignated to attainment.
In addition, on March 12, 2018, the
District submitted to EPA for its
approval, a redesignation request and
maintenance plan for the 2008 8-hour
ozone NAAQS. EPA has already acted
on the District’s maintenance plan
portion of that March 12, 2018 SIP
submittal and proposed approval of the
District’s redesignation request on May
21, 2019. See 84 FR 15108 (April 15,
2019) and 84 FR 22996, respectively.
Comment: The commenter makes a
statement that the District has not
submitted a SIP which includes regional
planning, an emissions inventory,
sources of haze-causing pollutants and a
long-term strategy since 2010 and that
this report should be updated, because
the District is still in nonattainment for
ozone. The commenter further asserts
that EPA should not approve the
District’s SIP, because the District is not
in attainment for ozone. The commenter
VerDate Sep<11>2014
17:30 Jul 03, 2019
Jkt 247001
believes that the District should be
required to submit a full revision of its
2010 SIP and include an emissions
inventory and a long-term strategy at the
very least.
EPA Response: It is unclear what ‘‘full
revision of the 2010 SIP’’ the commenter
is referencing, but to the extent the
commenter is referring to a previously
approved DOA and Clean Data
Determination (CDD) for the 1997 8hour Moderate Ozone Nonattainment
Area, it is not the subject of this
rulemaking action. See 77 FR 11739
(February 28, 2012). EPA received the
District’s SIP revision for that
rulemaking action on June 15, 2010 and
finalized the rulemaking in 2012.10
The commenter also suggests that the
District should be required to submit a
full revision of its 2010 SIP, with an
emissions inventory and long-tern
strategy at the very least. This comment
is not germane to this rulemaking
action, which is focused on the
District’s NNSR program. The
applicable CAA requirements for the
District were clearly articulated in the
March 19, 2019 NPRM for this action
and will not be restated here.
Finally, EPA disagrees with the
commenter’s statement that because the
District is still in nonattainment, this
SIP revision should not be approved.
This SIP revision addressing NNSR
requirements was submitted because the
District was designated nonattainment
for the 2008 8-hour ozone NAAQS. The
SIP revision is an applicable
requirement under the CAA for
nonattainment areas and the District’s
SIP meets the applicable CAA
standards; therefore, EPA is approving
the SIP revision as required under CAA
section 110(k)(3).
IV. Final Action
EPA is approving the District’s May
23, 2018 SIP revision addressing the
NNSR requirements for the 2008 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, as well as its
obligations under EPA’s February 3,
10 The commenter makes a statement with respect
to ‘‘haze-causing pollutants’’ and while not the
subject of this rulemaking, EPA wants to confirm
that the District has met and continues to meet their
statutory obligations found at 40 CFR 51.308, as it
relates to regional haze. The latest regional haze
approvals for the District are as follows: Regional
Haze Five-Year Progress Report, See 82 FR 37305
(August 10, 2017) and Regional Haze SIP (1st
Planning Period), See 77 FR 5191 (Februaury 2,
2012).
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
32075
2017 Findings of Failure to Submit. See
82 FR 9158.
V. 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:
• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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
• 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).
E:\FR\FM\05JYR1.SGM
05JYR1
32076
Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Rules and Regulations
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
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0144; FRL–9996–04–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Removal of Allegheny
County Requirements Applicable to
Gasoline Volatility in the Allegheny
County Portion of the PittsburghBeaver Valley Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action
approving a state implementation plan
(SIP) revision submitted by the
Commonwealth of Pennsylvania, on
behalf of the Allegheny County Health
Department (ACHD). The Pennsylvania
jbell on DSK3GLQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:01 Jul 03, 2019
Jkt 247001
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
*
The District of Columbia ...
[FR Doc. 2019–14144 Filed 7–3–19; 8:45 am]
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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 September 3, 2019. 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 2008 8-hour ozone
NAAQS may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
Applicable geographic
area
Name of non-regulatory SIP revision
*
*
2008 8-Hour Ozone Certification for
Nonattainment New Source Review
(NNSR).
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).
State submittal
date
*
05/23/2018
Frm 00062
Fmt 4700
Sfmt 4700
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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
2. In § 52.470, the table in paragraph
(e) is amended by adding the entry
‘‘2008 8-Hour Ozone Certification for
Nonattainment New Source Review
(NNSR)’’ at the end of the table to read
as follows:
■
§ 52.470
*
Identification of plan.
*
*
(e)* * *
EPA approval date
*
*
07/05/2019, Insert Federal
Register citation].
Department of Environmental Protection
(PADEP) submitted a SIP revision on
March 19, 2019 seeking to remove from
the Pennsylvania SIP an Allegheny
County requirement limiting
summertime gasoline volatility in
Allegheny County to 7.8 pounds per
square inch (psi) Reid Vapor Pressure
(RVP). The original purpose of that
gasoline requirement was to address
nonattainment under the 1-hour ozone
national ambient air quality standard
(NAAQS) in the Pittsburgh-Beaver
Valley ozone nonattainment area
(hereafter Pittsburgh-Beaver Valley
Area). EPA acted in December 2018 to
remove similar 7.8 psi RVP
requirements that applied to the entire
Pittsburgh-Beaver Valley Area, as the
requirements are no longer needed to
address nonattainment in the area and
have been supplanted by other
emissions control measures. This action
serves to remove the separate
comparable requirement in the
Pennsylvania SIP that applies only to
Allegheny County. The approval of this
SIP revision is supported by the
demonstration prepared by
PO 00000
Dated: June 21, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
*
*
Additional explanation
*
Pennsylvania in support of the earlier
SIP revision. That demonstration shows
that, pursuant to the Clean Air Act
(CAA), removal of the 7.8 psi RVP
requirements from the SIP will not
interfere with the area’s ability to attain
or maintain any NAAQS, nor will it be
inconsistent with any other CAA
requirements. EPA is approving this
revision to remove the ACHD
requirements for use of 7.8 psi RVP
gasoline in summer months from the
Pennsylvania SIP, in accordance with
the requirements of the CAA.
DATES: This final rule is effective on July
5, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0144. All
documents in the docket are listed on
the https://www.regulations.gov
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
E:\FR\FM\05JYR1.SGM
05JYR1
Agencies
[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Rules and Regulations]
[Pages 32072-32076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14144]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0754; FRL-9995-97-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Nonattainment New Source Review Requirements for
2008 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the District of
Columbia (the District). The revision is in response to EPA's February
3, 2017 Findings of Failure to Submit for various requirements relating
to the 2008 8-hour ozone national ambient air quality standards
(NAAQS). This SIP revision is specific to nonattainment new source
review (NNSR) requirements. This action is being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on August 5, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0754. All documents in the docket are listed on
the https://www.regulations.gov 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
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Johansen, Permits Branch
(3AD10), Air and Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2156. Ms. Johansen can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 19, 2019 (84 FR 9995), EPA published a notice of proposed
rulemaking (NPRM) for the District. In the NPRM, EPA proposed approval
of the District's NNSR Certification for the 2008 8-hour ozone NAAQS.
The formal SIP revision was submitted by the District on May 23, 2018.
This SIP revision was in response to EPA's final 2008 8-hour ozone
NAAQS Findings of Failure to Submit for NNSR requirements. See 82 FR
9158 (February 3, 2017). 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 2008 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 2008
National Ambient Air Quality Standards for Ozone: State Implementation
Plan Requirements'' (SIP Requirements Rule), for ozone and its
precursors.1 2 See 80 FR 12264 (March 6, 2015).
---------------------------------------------------------------------------
\1\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2008 8-hour ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology,
reasonably available control measures, major new source review,
emission inventories, and the timing of SIP submissions and of
compliance with emission control measures in the SIP. The rule also
revokes the 1997 ozone NAAQS and establishes anti-backsliding
requirements.
\2\ On February 16, 2018, the United States Court of Appeals for
the District of Columbia Circuit (D.C. Cir. Court or Court) issued
an opinion on the EPA's SIP Requirements Rule. South Coast Air
Quality Mgmt. Dist. v. EPA, 882 F.3d 1138, 2018 U.S. App. LEXIS 3636
(DC Cir. February 16, 2018). The D.C. Cir. Court found certain
provisions from the SIP Requirements Rule to be inconsistent with
the statute or unreasonable and vacated those provisions. Id. The
Court found other parts of the SIP Requirements Rule reasonable and
denied the petition for appeal on those provisions. Id.
---------------------------------------------------------------------------
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR 50.15, the 2008 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 0.075 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 2008 8-hour ozone NAAQS on
May 21, 2012 (effective July 20, 2012) using 2008-2010 ambient air
quality data. See 77 FR 30088. On March 6, 2015, 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
2008 8-hour ozone NAAQS. See 80 FR 12264. Areas that were designated as
marginal ozone nonattainment areas were required to attain the 2008 8-
hour ozone NAAQS no later than July 20, 2015, based on 2012-2014
monitoring data. See 40 CFR 51.1103. The Washington Area did not attain
the 2008 8-hour ozone NAAQS by July 20, 2015; however, the area did
meet the CAA section 181(a)(5) criteria, as interpreted in 40 CFR
51.1107, for a one-year attainment date extension. See 81 FR 26697 (May
4, 2016). Therefore, on April 11, 2016, the EPA Administrator signed a
final rule extending the Washington Area 8-hour
[[Page 32073]]
ozone NAAQS attainment date from July 20, 2015 to July 20, 2016. Id.\3\
---------------------------------------------------------------------------
\3\ EPA approved a Determination of Attainment (DOA) for the
2008 8-hour ozone NAAQS for the Washington Area. This action was
based on complete, certified, and quality assured ambient air
quality monitoring data for the 2013-2015 monitoring period. See 82
FR 52651 (November 14, 2017). It should be noted that a DOA does not
alleviate the need for the District to certify that its existing SIP
approved NNSR program is as stringent as the requirements at 40 CFR
51.165, as NNSR applies in nonattainment areas until an area has
been redesignated to attainment.
---------------------------------------------------------------------------
Based on initial nonattainment designations for the 2008 8-hour
ozone NAAQS, as well as the March 6, 2015 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 2008 8-hour ozone NAAQS
(i.e., July 20, 2015).\4\ See 80 FR 12264 (March 6, 2015). EPA is
approving the District's May 23, 2018 NNSR Certification SIP revision
for the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------
\4\ Neither the District's obligation to submit the NNSR
Certification SIP nor the requirements governing that submission
were affected by the D.C. Circuit's February 16, 2018 decision on
portions of the SIP Requirements Rule in South Coast Air Quality
Mgmt. Dist. v. EPA.
---------------------------------------------------------------------------
II. Summary of SIP Revision and EPA Analysis
This rulemaking action 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 2008 8-hour ozone NAAQS are located in 40 CFR
51.160 through 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), apply to the construction and
modification of major stationary sources in nonattainment areas. In its
May 23, 2018 SIP revision, the District certified 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.
In addition, on February 3, 2017, EPA found that 15 states and the
District failed to submit SIP revisions in a timely manner to satisfy
certain requirements for the 2008 8-hour ozone NAAQS that apply to
nonattainment areas and/or states in the OTR. See 82 FR 9158. As
explained in that rulemaking action, consistent with the CAA and EPA
regulations, these Findings of Failure to Submit established certain
deadlines for the imposition of sanctions, if a state does not submit a
timely SIP revision addressing the requirements for which the finding
is being made, and for the EPA to promulgate a Federal implementation
plan (FIP) to address any outstanding SIP requirements.
EPA found, inter alia, that the District failed to submit SIP
revisions in a timely manner to satisfy NNSR requirements for the
Washington Area. The District submitted its May 23, 2018 SIP revision
to address the specific NNSR requirements for the 2008 8-hour ozone
NAAQS, located in 40 CFR 51.160 through 165, as well as its obligations
under EPA's February 3, 2017 Findings of Failure to Submit. EPA's
analysis of how this SIP revision addresses the NNSR requirements for
the 2008 8-hour ozone NAAQS and the Findings of Failure to Submit was
discussed in the NPRM and will not be restated here.
III. Public Comments and EPA Response
EPA received one set of relevant comments on the March 19, 2019
NPRM. A summary of the comments and EPA's responses are discussed in
this Section. A copy of the comments can be found in the docket for
this rulemaking action.
Comment: The commenter affirms that under the CAA the EPA sets
NAAQS for six criteria pollutants and after each NAAQS is set, states
throughout the United States are required to develop reduction
strategies, plans, and programs in order to attain those NAAQS.
Further, the commenter notes that in 2008 EPA revised the 8-hour ozone
NAAQS to 0.075 parts per million, which is attained when the three-year
average of the annual fourth-highest daily maximum average is less than
0.075 ppm. The commenter asserts there is evidence to show that there
is a relationship between ozone exposure and a number of lung and heart
related diseases in children and adults, which in some cases increases
visits to the Emergency Department (ED). Lastly, the commenter notes
that ozone impacts human health and, if EPA approves the District's
SIP, it is going against EPA's missions to protect human and
environmental health.
EPA Response: While not the subject of this rulemaking action, EPA
thanks the commenter for their comments and agrees with the commenter's
assertions, as it relates to setting the NAAQS and the impacts ozone
can have on our health and the environment. In order to protect human
health and welfare, the CAA requires EPA to establish NAAQS for certain
common and widespread pollutants based on the latest science. Sections
108 and 109 of the CAA govern the establishment, review and revision,
as appropriate, of the NAAQS for each of the six common criteria air
pollutants: Ground-level ozone, particulate matter, carbon monoxide,
lead, sulfur dioxide, and nitrogen dioxide. The CAA requires periodic
review of the science upon which the standards are based and the
standards themselves.
EPA concurs that ozone pollution can trigger a variety of health
problems, particularly for children, the elderly, and people of all
ages who have lung diseases such as asthma. Which may in turn, increase
emergency room visits and days absent from school and work. Specific to
the 2008 8-hour ozone NAAQS, EPA looked at many epidemiological studies
to determine ozone's effect on the population.\5\
---------------------------------------------------------------------------
\5\ For more specifics on EPA's review of the health effects
considered, see: U.S. Environmental Protection Agency, March 2008.
Final Ozone NAAQS Regulatory Impact Analysis. EPA-452/R-08-003.
https://www3.epa.gov/ttn/ecas/docs/ria/naaqs-o3_ria_final_2008-03.pdf.
---------------------------------------------------------------------------
Upon EPA's comprehensive review of the ozone NAAQS, the 2008 8-hour
ozone standard in this instance, EPA issued its final action to revise
the NAAQS for ozone to establish new 8-hour standards. See 73 FR 16436
(March 27, 2008). In that action, the EPA promulgated identical revised
primary (health-based) and secondary (welfare-based) ozone standards,
designed to protect public health and welfare, of 0.075 parts per
million (ppm).\6\ Those standards are met when the 3-year average of
the annual fourth highest daily maximum 8-hour average ozone
concentration is less than or equal to 0.075 ppm. See 40 CFR 50.15.
---------------------------------------------------------------------------
\6\ Since the 2008 primary and secondary NAAQS for ozone are
identical, for convenience, we refer to both as ``the 2008 ozone
NAAQS'' or ``the 2008 ozone standard.''
---------------------------------------------------------------------------
As discussed in the NPRM, promulgation of a revised NAAQS triggers
a requirement for the EPA to designate areas of the country as
nonattainment, attainment, or unclassifiable for the standards; for
ozone NAAQS, this also involves classifying any nonattainment areas at
the time of designation. See CAA sections 107(d)(1) and 181(a)(1).
Ozone nonattainment areas are classified based on the severity of their
ozone levels (as determined based on the area's ``design value,'' which
represents air quality in the area for the most recent three years).
[[Page 32074]]
The possible classifications for ozone nonattainment areas are
marginal, moderate, serious, severe, and extreme. See CAA section
181(a)(1). Nonattainment areas with a ``lower'' classification have
ozone levels that are closer to the standard than areas with a
``higher'' classification.\7\ On May 21, 2012 and June 11, 2012, the
EPA issued rules designating 46 areas throughout the country as
nonattainment for the 2008 ozone NAAQS, effective July 20, 2012, and
establishing classifications for the designated nonattainment areas.\8\
As noted previously, the Washington Area was designated as marginal for
the 2008 8-hour ozone standard. Areas designated nonattainment for the
ozone NAAQS are subject to the general nonattainment area planning
requirements of CAA section 172 and also to the ozone-specific planning
requirements of CAA section 182. States in the OTR are additionally
subject to the requirements outlined in CAA section 184. Ozone
nonattainment areas in the lower classification levels have fewer and/
or less stringent mandatory air quality planning and control
requirements than those in higher classifications. For a marginal area,
a state is required to submit a baseline emissions inventory and adopt
a SIP requiring emissions statements from stationary sources and
implementing a NNSR program for the relevant ozone standard. See CAA
section 182(a). For a moderate area, a state needs to comply with the
marginal area requirements, plus additional requirements, including the
requirement to submit a demonstration that the area will attain in six
years, the requirement to adopt and implement certain emissions
controls, such as Reasonably Available Control Technology (RACT), and
the requirement for greater emissions offsets for new or modified major
stationary sources under the state's NNSR program. For each higher
ozone nonattainment classification, a state needs to comply with all
lower area classification requirements, plus additional emissions
controls and more expansive NNSR offset requirements.
---------------------------------------------------------------------------
\7\ See 40 CFR 51.1103 for the design value thresholds for each
classification for the 2008 ozone NAAQS.
\8\ 77 FR 30088 (May 21, 2012) and 77 FR 34221 (June 11, 2012).
---------------------------------------------------------------------------
The CAA sets out specific requirements for states in the OTR.\9\
Upon promulgation of the 2008 ozone NAAQS, states in the OTR were
required to submit a SIP revision for RACT. See 40 CFR 51.1116. As
noted in the March 19, 2019 NPRM, this requirement is the only
recurring obligation for an OTR state upon revision of a NAAQS, unless
that state also contains some portion of a nonattainment area for the
revised NAAQS. In that case, the nonattainment requirements described
above also apply to those portions of that state.
---------------------------------------------------------------------------
\9\ CAA section 184 details specific requirements for a group of
states (and the District of Columbia) that make up the OTR. States
in the OTR are required to submit RACT SIP revisions and mandate a
certain level of emissions control for the pollutants that form
ozone, even if the areas in the state meet the ozone standards.
---------------------------------------------------------------------------
On March 6, 2015, the EPA established a final implementation rule
for the 2008 ozone SIP Requirements Rule. See 80 FR 12264. The purpose
of that action was to detail the requirements applicable to ozone
nonattainment areas, as well as requirements that apply in the OTR, and
provide specific deadlines for SIP submittals.
EPA agrees with the commenter and has taken the appropriate steps
to promulgate ozone NAAQS that are protective of human health and the
environment, in addition to providing ozone nonattainment areas with
their specific statutory obligations under the CAA. EPA disagrees with
the commenter's assertion that by approving the District's 2008 8-hour
ozone SIP revision certifying that its NNSR program is adequate, EPA is
somehow going against its mission to protect human health and the
environment. To the contrary, EPA has determined that the District is
meeting their statutory obligations relating to NNSR permitting as
needed to work towards attaining and maintaining the 2008 8-hour ozone
NAAQS, as required by the CAA and the final SIP Requirements Rule.
Comment: The commenter states that in 2012, the Washington Area was
in nonattainment and, subsequently in 2015 EPA issued a rule requiring
state, local, and tribal air quality management agencies to create
plans and programs to reduce ozone pollution. The commenter notes that
the Washington Area modified its SIP and that EPA should not approve
the District's SIP (EPA assumes the commenter is referring to a
revision to the District's SIP).
EPA Response: EPA agrees with the commenter's first point and notes
that, as stated in the NPRM, the Washington Area was classified as
marginal nonattainment for the 2008 8-hour ozone NAAQS on May 21, 2012
(effective July 20, 2012) using 2008-2010 ambient air quality data. See
77 FR 30088.
As it relates to the commenter's second point, in EPA's March 19,
2019 NPRM and in the previous response to comment, EPA thoroughly
discussed specific SIP requirements for the 2008 ozone NAAQS as set
forth in the March 6, 2015 final SIP Requirements Rule and those
specific requirements will not be restated here. See 84 FR 9995.
Lastly, it is unclear to EPA what SIP revision (or plan revision)
the commenter is referring to and, therefore, EPA cannot offer a
specific response, except to reaffirm that per the subject of this
rulemaking action, EPA is finalizing its determination that the
District's existing NNSR program for the 2008 8-hour ozone NAAQS is at
least as stringent as the requirements at 40 CFR 51.165, as amended by
the final SIP Requirements Rule, for ozone and its precursors. See 80
FR 12264 (March 6, 2015).
Comment: The commenter emphasized that the District's SIP states
that because the District is in the OTR, they do not need to meet the
NAAQS requirements. The commenter then notes that because they are in
the OTR, they are only required to meet the threshold under the Federal
OTR requirements.
EPA Response: EPA believes the commenter misunderstood the
statement being made in the District's May 23, 2018 SIP revision. In
EPA's March 19, 2019 NPRM, there was a thorough discussion related to
applicable OTR requirements and those specifics will not be restated
here, except to note that the entire District is currently designated
as nonattainment for the 2008 8-hour ozone NAAQS. See ``Summary of SIP
Revision and EPA Analysis'' in 84 FR 9995. Therefore, OTR emissions
threshold requirements would not apply, but NNSR emissions thresholds
(and all other NNSR requirements) continue to apply. See 40 CFR
51.165(a)(1)(iv)(A)(1). If EPA redesignates the Washington Area to
attainment for the 2008 8-hour ozone NAAQS, at that time NNSR would no
longer apply, but the Federal prevention of significant deterioration
(PSD) and Federal OTR requirements (i.e., emissions thresholds and
other applicable requirements) would apply to major sources in the
District.
Comment: The commenter asserts that despite the District never
being classified as extreme nonattainment for ozone, the District
should do a full review of their regulations.
EPA Response: EPA agrees with the commenter's first point and the
District's own assertion in its May 23, 2018 SIP revision. The District
has never been classified as extreme nonattainment for an ozone NAAQS.
Regarding the statement that the District should do a full review of
its regulations, that comment is outside the scope of this action. This
specific
[[Page 32075]]
rulemaking action is focused on NNSR requirements that apply to the
nonattainment area and 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). The District
evaluated the necessary regulations for this rulemaking action and
certified in its May 23, 2018 SIP revision that its existing Federally-
approved NNSR program is at least as stringent as the Federal NNSR
requirements found at 40 CFR 51.165, and based on EPA's analysis of
that SIP revision, EPA agrees with the District and is moving forward
to approve this rulemaking action.
Comment: The commenter makes a claim that in 2017, the Director of
the District's Department of Energy and Environment (DOEE) claimed to
be close to achieving the NAAQS standard for ozone, which has yet to
happen.
EPA Response: While EPA cannot speak to specific statements made by
the Director of DOEE, nor are those alleged statements the subject of
this rulemaking action, EPA can identify its approval of a
Determination of Attainment (DOA) for the 2008 8-hour ozone NAAQS for
the Washington Area. That action was based on complete, certified, and
quality assured ambient air quality monitoring data for the 2013-2015
monitoring period. See 82 FR 52651 (November 14, 2017). It should be
noted that a DOA does not alleviate the need for the District to
certify that its existing SIP approved NNSR program is as stringent as
the requirements at 40 CFR 51.165, as NNSR applies in nonattainment
areas until an area has been redesignated to attainment.
In addition, on March 12, 2018, the District submitted to EPA for
its approval, a redesignation request and maintenance plan for the 2008
8-hour ozone NAAQS. EPA has already acted on the District's maintenance
plan portion of that March 12, 2018 SIP submittal and proposed approval
of the District's redesignation request on May 21, 2019. See 84 FR
15108 (April 15, 2019) and 84 FR 22996, respectively.
Comment: The commenter makes a statement that the District has not
submitted a SIP which includes regional planning, an emissions
inventory, sources of haze-causing pollutants and a long-term strategy
since 2010 and that this report should be updated, because the District
is still in nonattainment for ozone. The commenter further asserts that
EPA should not approve the District's SIP, because the District is not
in attainment for ozone. The commenter believes that the District
should be required to submit a full revision of its 2010 SIP and
include an emissions inventory and a long-term strategy at the very
least.
EPA Response: It is unclear what ``full revision of the 2010 SIP''
the commenter is referencing, but to the extent the commenter is
referring to a previously approved DOA and Clean Data Determination
(CDD) for the 1997 8-hour Moderate Ozone Nonattainment Area, it is not
the subject of this rulemaking action. See 77 FR 11739 (February 28,
2012). EPA received the District's SIP revision for that rulemaking
action on June 15, 2010 and finalized the rulemaking in 2012.\10\
---------------------------------------------------------------------------
\10\ The commenter makes a statement with respect to ``haze-
causing pollutants'' and while not the subject of this rulemaking,
EPA wants to confirm that the District has met and continues to meet
their statutory obligations found at 40 CFR 51.308, as it relates to
regional haze. The latest regional haze approvals for the District
are as follows: Regional Haze Five-Year Progress Report, See 82 FR
37305 (August 10, 2017) and Regional Haze SIP (1st Planning Period),
See 77 FR 5191 (Februaury 2, 2012).
---------------------------------------------------------------------------
The commenter also suggests that the District should be required to
submit a full revision of its 2010 SIP, with an emissions inventory and
long-tern strategy at the very least. This comment is not germane to
this rulemaking action, which is focused on the District's NNSR
program. The applicable CAA requirements for the District were clearly
articulated in the March 19, 2019 NPRM for this action and will not be
restated here.
Finally, EPA disagrees with the commenter's statement that because
the District is still in nonattainment, this SIP revision should not be
approved. This SIP revision addressing NNSR requirements was submitted
because the District was designated nonattainment for the 2008 8-hour
ozone NAAQS. The SIP revision is an applicable requirement under the
CAA for nonattainment areas and the District's SIP meets the applicable
CAA standards; therefore, EPA is approving the SIP revision as required
under CAA section 110(k)(3).
IV. Final Action
EPA is approving the District's May 23, 2018 SIP revision
addressing the NNSR requirements for the 2008 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, as well as its obligations under EPA's
February 3, 2017 Findings of Failure to Submit. See 82 FR 9158.
V. 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:
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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
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).
[[Page 32076]]
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 September 3, 2019. 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
2008 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: June 21, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended 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 the
entry ``2008 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)* * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 8-Hour Ozone Certification The District of 05/23/2018 07/05/2019, Insert
for Nonattainment New Source Columbia. Federal Register
Review (NNSR). citation].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-14144 Filed 7-3-19; 8:45 am]
BILLING CODE 6560-50-P