Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Nonattainment New Source Review Requirements for 2015 8-Hour Ozone Standard, 8734-8736 [2021-02585]
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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
These comments will be considered
before taking final action.
khammond on DSKJM1Z7X2PROD with PROPOSALS
IV. Statutory and Executive Order
Reviews
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 proposed 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 it is not a significant
regulatory action 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).
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In addition, this proposed
rulemaking, proposing approval of
Pennsylvania’s second maintenance
plan for the Clearfield/Indiana Area,
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–02582 Filed 2–8–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0489; FRL10018–20–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Nonattainment New
Source Review Requirements for 2015
8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Department of Energy
and Environment (DOEE) of the District
of Columbia. This SIP revision will
fulfill the District of Columbia’s
Nonattainment New Source Review
(NNSR) SIP element requirement for the
2015 8-hour ozone National Ambient
Air Quality Standard (NAAQS). This
action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be
received on or before March 11, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2020–0489 at https://
www.regulations.gov, or via email to
Opila.MaryCate@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
SUMMARY:
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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
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Matthew Willson, Permits Branch
(3AD10), Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–5795.
Mr. Willson can also be reached via
electronic mail at Willson.Matthew@
epa.gov.
On May 5,
2020, the DOEE submitted on behalf of
the District of Columbia (District) a
formal SIP revision, requesting EPA’s
approval of its NNSR Certification for
the 2015 8-hour ozone NAAQS. The
District is certifying that its existing
NNSR program, covering the District
portion of the Washington, DC-MD-VA
Nonattainment Area (Washington Area)
for the 2015 8-hour ozone NAAQS, is at
least as stringent as the requirements at
40 Code of Federal Regulations (CFR)
51.165, as amended by the final rule
titled ‘‘Implementation of the 2015
National Ambient Air Quality Standards
for Ozone: Nonattainment Area State
Implementation Plan Requirements’’
(SIP Requirements Rule), for ozone and
its precursors. See 83 FR 62998
(December 6, 2018).
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated
a revised 8-hour ozone NAAQS of 0.070
parts per million (ppm). 80 FR 65292
(October 26, 2015). Under EPA’s
regulations at 40 CFR 50.19, the 2015
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
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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
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concentration is less than or equal to
0.070 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 2015 8-hour
ozone NAAQS on June 4, 2018 (effective
August 3, 2018) using 2014–2016
ambient air quality data. 83 FR 25776.
On December 6, 2018, 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 2015 8-hour
ozone NAAQS. 80 FR 65291, October
26, 2015. Areas that were designated as
marginal ozone nonattainment areas are
required to attain the 2015 8-hour ozone
NAAQS no later than August 3, 2021. 40
CFR 51.1303 and 83 FR 10376, March 9,
2018.
Based on initial nonattainment
designations for the 2015 8-hour ozone
NAAQS, as well as the December 6,
2018 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 2015 8-hour ozone
NAAQS (i.e., August 3, 2021). See 83 FR
62998 (December 6, 2018). EPA is
proposing to approve the District’s May
5, 2020 NNSR Certification SIP revision.
EPA’s analysis of how this SIP revision
addresses the NNSR requirements for
the 2015 8-hour ozone NAAQS is
provided in Section II of this document
below.
II. Summary of SIP Revision and EPA
Analysis
This rulemaking 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 ozone
NAAQS are located in 40 CFR 51.160
through 51.165.
The minimum SIP requirements for
NNSR permitting programs for the 2015
8-hour ozone NAAQS are set forth in 40
CFR 51.165. These NNSR program
requirements include those promulgated
in the ‘‘Phase 2 Rule’’ implementing the
1997 8-hour ozone NAAQS (70 FR
71611 (November 29, 2005)), the 2008
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Ozone NAAQS SIP implementation
Rule (80 FR 12264, March 6, 2015) and
the 2015 SIP Requirements Rule (83 FR
62998, December 6, 2018). Under the
Phase 2 Rule, the SIP for each ozone
nonattainment area must contain NNSR
provisions that: Set major source
thresholds for oxides of nitrogen (NOX)
and volatile organic compounds (VOC)
pursuant to 40 CFR
51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2);
classify physical changes as a major
source if the change would constitute a
major source by itself pursuant to 40
CFR 51.165(a)(1)(iv)(A)(3); consider any
significant net emissions increase of
NOX as a significant net emissions
increase for ozone pursuant to 40 CFR
51.165(a)(1)(v)(E); consider certain
increases of VOC emissions in extreme
ozone nonattainment areas as a
significant net emissions increase and a
major modification for ozone pursuant
to 40 CFR 51.165(a)(1)(v)(F); set
significant emissions rates for VOC and
NOX as ozone precursors pursuant to 40
CFR 51.165(a)(1)(x)(A)–(C) and (E);
contain provisions for emissions
reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1)–(2); provide that
the requirements applicable to VOC also
apply to NOX pursuant to 40 CFR
51.165(a)(8); and set offset ratios for
VOC and NOX pursuant to 40 CFR
51.165(a)(9).
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 certifies
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.
EPA last approved revisions to the
District’s major NNSR SIP on March 19,
2015. In that action, EPA approved
revisions to the District’s SIP which
made DOEE’s NNSR program consistent
with Federal requirements. 80 FR
14310, March 19, 2015.
Title 20 DCMR section 199 and the
District’s SIP adequately addresses 40
CFR 51.165(a)(1)(iv)(A)(1), because the
definition of ‘‘major stationary source’’
in 20 DCMR section 199 includes a
threshold of 25 tons per year or more of
NOX or VOC in any nonattainment area
for ozone, which is equivalent to the
NNSR thresholds for severe ozone
nonattainment areas. Although the
Washington Area is classified as a
marginal nonattainment area for the
2015 8-hour ozone NAAQS, due to anti-
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8735
backsliding provisions set forth in 40
CFR 51.905 and its prior classification
as a severe area under the 1979 1-hour
ozone NAAQS, the Washington Area
retains the severe area thresholds for the
purposes of NNSR.
The District has chosen not to include
certain optional NNSR provisions that
EPA could approve, pertaining to
emissions reduction credits, interpollutant trading programs and
Prevention of Significant Deterioration.
The District’s choice not to include
these provisions does not affect EPA’s
determination regarding the
approvability of its May 5, 2020
submittal, and they will not be
discussed in this rulemaking.
III. Proposed Action
EPA’s review of this material
indicates that the District’s submission
fulfills the 40 CFR 51.1114 revision
requirement, meets the requirements of
CAA sections 110 and 172 and the
minimum SIP requirements of 40 CFR
51.165. EPA is proposing to approve the
District of Columbia’s SIP revision
addressing the NNSR requirements for
the 2015 8-hour ozone NAAQS for the
Washington Area, which was submitted
on May 5, 2020. 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 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 proposed 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 it is not a significant
regulatory action 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
E:\FR\FM\09FEP1.SGM
09FEP1
8736
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
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).
In addition, this proposed
rulemaking, approving the District’s
20015 8-hour ozone NAAQS
Certification SIP revision for NNSR,
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.
List of Subjects in 40 CFR Part 52
khammond on DSKJM1Z7X2PROD with PROPOSALS
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
Matter, Transportation, Volatile organic
compounds.
Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–02585 Filed 2–8–21; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0319; FRL–10017–
12–Region 3]
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the York-Adams Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. This revision pertains to
the Commonwealth’s plan, submitted by
the Pennsylvania Department of
Environmental Protection (PADEP), for
maintaining the 1997 8-hour ozone
national ambient air quality standard
(NAAQS) (referred to as the ‘‘1997
ozone NAAQS’’) in the York-Adams
Area. This action is being taken under
the Clean Air Act (CAA).
DATES: Written comments must be
received on or before March 11, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2020–0319 at https://
www.regulations.gov, or via email to
gordon.mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. 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
https://www.epa.gov/dockets/
commenting-epa-dockets.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Keila M. Paga´n-Incle, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2926. Ms. Paga´n-Incle can also be
reached via electronic mail at paganincle.keila@epa.gov.
SUPPLEMENTARY INFORMATION: On March
10, 2020, the PADEP submitted a
revision to the Pennsylvania SIP to
incorporate a plan for maintaining the
1997 ozone NAAQS through February
13, 2028 in accordance with CAA
section 175A.
I. Background
In 1979, under section 109 of the
CAA, EPA established primary and
secondary NAAQS for ozone at 0.12
parts per million (ppm), averaged over
a 1-hour period. 44 FR 8202 (February
8, 1979). On July 18, 1997 (62 FR
38856),1 EPA revised the primary and
secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient
air at 0.08 ppm, averaged over an 8-hour
period. EPA set the 1997 ozone NAAQS
based on scientific evidence
demonstrating that ozone causes
adverse health effects at lower
concentrations and over longer periods
of time than was understood when the
pre-existing 1-hour ozone NAAQS was
set.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 30, 2004 (69 FR
23858), EPA designated the York-Adams
Area as nonattainment for the 1997
ozone NAAQS.
Once a nonattainment area has three
years of complete and certified air
quality data that has been determined to
attain the NAAQS, and the area has met
the other criteria outlined in CAA
section 107(d)(3)(E),2 the state can
submit a request to EPA to redesignate
the area to attainment. Areas that have
1 In March 2008, EPA completed another review
of the primary and secondary ozone standards and
tightened them further by lowering the level for
both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a
review of the primary and secondary ozone
standards and tightened them by lowering the level
for both to 0.70 ppm. 80 FR 65292 (October 26,
2015).
2 The requirements of CAA section 107(d)(3)(E)
include attainment of the NAAQS, full approval
under section 110(k) of the applicable SIP,
determination that improvement in air quality is a
result of permanent and enforceable reductions in
emissions, demonstration that the state has met all
applicable section 110 and part D requirements, and
a fully approved maintenance plan under CAA
section 175A.
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]]>Agencies
[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Proposed Rules]
[Pages 8734-8736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02585]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0489; FRL10018-20-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Nonattainment New Source Review Requirements for
2015 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Department of Energy and Environment (DOEE) of the District of
Columbia. This SIP revision will fulfill the District of Columbia's
Nonattainment New Source Review (NNSR) SIP element requirement for the
2015 8-hour ozone National Ambient Air Quality Standard (NAAQS). This
action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 11, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0489 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Matthew Willson, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-5795. Mr. Willson can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On May 5, 2020, the DOEE submitted on behalf
of the District of Columbia (District) a formal SIP revision,
requesting EPA's approval of its NNSR Certification for the 2015 8-hour
ozone NAAQS. The District is certifying that its existing NNSR program,
covering the District portion of the Washington, DC-MD-VA Nonattainment
Area (Washington Area) for the 2015 8-hour ozone NAAQS, is at least as
stringent as the requirements at 40 Code of Federal Regulations (CFR)
51.165, as amended by the final rule titled ``Implementation of the
2015 National Ambient Air Quality Standards for Ozone: Nonattainment
Area State Implementation Plan Requirements'' (SIP Requirements Rule),
for ozone and its precursors. See 83 FR 62998 (December 6, 2018).
I. Background
On October 1, 2015, EPA promulgated a revised 8-hour ozone NAAQS of
0.070 parts per million (ppm). 80 FR 65292 (October 26, 2015). Under
EPA's regulations at 40 CFR 50.19, the 2015 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
[[Page 8735]]
concentration is less than or equal to 0.070 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 2015 8-hour ozone NAAQS on
June 4, 2018 (effective August 3, 2018) using 2014-2016 ambient air
quality data. 83 FR 25776. On December 6, 2018, 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
2015 8-hour ozone NAAQS. 80 FR 65291, October 26, 2015. Areas that were
designated as marginal ozone nonattainment areas are required to attain
the 2015 8-hour ozone NAAQS no later than August 3, 2021. 40 CFR
51.1303 and 83 FR 10376, March 9, 2018.
Based on initial nonattainment designations for the 2015 8-hour
ozone NAAQS, as well as the December 6, 2018 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 2015 8-hour ozone NAAQS
(i.e., August 3, 2021). See 83 FR 62998 (December 6, 2018). EPA is
proposing to approve the District's May 5, 2020 NNSR Certification SIP
revision. EPA's analysis of how this SIP revision addresses the NNSR
requirements for the 2015 8-hour ozone NAAQS is provided in Section II
of this document below.
II. Summary of SIP Revision and EPA Analysis
This rulemaking 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
ozone NAAQS are located in 40 CFR 51.160 through 51.165.
The minimum SIP requirements for NNSR permitting programs for the
2015 8-hour ozone NAAQS are set forth in 40 CFR 51.165. These NNSR
program requirements include those promulgated in the ``Phase 2 Rule''
implementing the 1997 8-hour ozone NAAQS (70 FR 71611 (November 29,
2005)), the 2008 Ozone NAAQS SIP implementation Rule (80 FR 12264,
March 6, 2015) and the 2015 SIP Requirements Rule (83 FR 62998,
December 6, 2018). Under the Phase 2 Rule, the SIP for each ozone
nonattainment area must contain NNSR provisions that: Set major source
thresholds for oxides of nitrogen (NOX) and volatile organic
compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and
(2); classify physical changes as a major source if the change would
constitute a major source by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase
of NOX as a significant net emissions increase for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases of
VOC emissions in extreme ozone nonattainment areas as a significant net
emissions increase and a major modification for ozone pursuant to 40
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and
NOX as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2);
provide that the requirements applicable to VOC also apply to
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios
for VOC and NOX pursuant to 40 CFR 51.165(a)(9).
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 certifies 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. EPA last
approved revisions to the District's major NNSR SIP on March 19, 2015.
In that action, EPA approved revisions to the District's SIP which made
DOEE's NNSR program consistent with Federal requirements. 80 FR 14310,
March 19, 2015.
Title 20 DCMR section 199 and the District's SIP adequately
addresses 40 CFR 51.165(a)(1)(iv)(A)(1), because the definition of
``major stationary source'' in 20 DCMR section 199 includes a threshold
of 25 tons per year or more of NOX or VOC in any
nonattainment area for ozone, which is equivalent to the NNSR
thresholds for severe ozone nonattainment areas. Although the
Washington Area is classified as a marginal nonattainment area for the
2015 8-hour ozone NAAQS, due to anti-backsliding provisions set forth
in 40 CFR 51.905 and its prior classification as a severe area under
the 1979 1-hour ozone NAAQS, the Washington Area retains the severe
area thresholds for the purposes of NNSR.
The District has chosen not to include certain optional NNSR
provisions that EPA could approve, pertaining to emissions reduction
credits, inter-pollutant trading programs and Prevention of Significant
Deterioration. The District's choice not to include these provisions
does not affect EPA's determination regarding the approvability of its
May 5, 2020 submittal, and they will not be discussed in this
rulemaking.
III. Proposed Action
EPA's review of this material indicates that the District's
submission fulfills the 40 CFR 51.1114 revision requirement, meets the
requirements of CAA sections 110 and 172 and the minimum SIP
requirements of 40 CFR 51.165. EPA is proposing to approve the District
of Columbia's SIP revision addressing the NNSR requirements for the
2015 8-hour ozone NAAQS for the Washington Area, which was submitted on
May 5, 2020. 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 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 proposed 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 it is not a significant regulatory
action 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
[[Page 8736]]
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).
In addition, this proposed rulemaking, approving the District's
20015 8-hour ozone NAAQS Certification SIP revision for NNSR, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate Matter, Transportation, Volatile organic compounds.
Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-02585 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P
