Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality Standard, 13843-13846 [2021-05097]

Download as PDF Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Proposed Rules necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ khammond on DSKJM1Z7X2PROD with PROPOSALS Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.): Docket No. FAA–2021–0141; Project Identifier MCAI–2020–01162–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) action by April 26, 2021. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Defense and Space S.A. (formerly known as Construcciones Aeronauticas, S.A.) Model C– 212–CB, C–212–CC, C–212–CD, C–212–CE, C–212–CF, C–212–DE, and C–212–DF VerDate Sep<11>2014 16:33 Mar 10, 2021 Jkt 253001 airplanes, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2020–0182, dated August 13, 2020 (EASA AD 2020–0182). (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by a report of cracks on the left-hand (LH) and right-hand (RH) side fuselage skin and on frame (FR) 5 underneath the skin, near the leading edge of the wing. The FAA is issuing this AD to address cracks on the LH and RH side fuselage skin and on FR 5 underneath the skin, near the leading edge of the wing, which could affect the structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2020–0182. (h) Exceptions to EASA AD 2020–0182 (1) Where EASA AD 2020–0182 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD 2020–0182 does not apply to this AD. (3) Where paragraph (2) of EASA AD 2020– 0182 specifies to ‘‘contact Airbus D&S for approved instructions and accomplish those instructions accordingly’’ if discrepancies are detected, for this AD, if any cracking is detected, the cracking must be repaired before further flight using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or EASA; or Airbus Defense and Space S.A.’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (i) No Reporting Requirement Although the service information referenced in EASA AD 2020–0182 specifies to submit certain information to the manufacturer in case of no finding, this AD does not include that requirement. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 13843 approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or EASA; or Airbus Defense and Space S.A’s EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (k) Related Information (1) For information about EASA AD 2020– 0182, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu; internet: www.easa.europa.eu. You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. This material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0141. (2) For more information about this AD, contact Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3220; email: shahram.daneshmandi@faa.gov. Issued on March 5, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–05039 Filed 3–10–21; 8:45 am] BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2020–0574; FRL10020–86– Region 3] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision formally submitted by the District of Columbia Department of Energy and the Environment (DOEE). Under the Clean Air Act (CAA), a state’s SIP must include an emission statement SUMMARY: E:\FR\FM\11MRP1.SGM 11MRP1 13844 Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Proposed Rules regulation that requires stationary sources in ozone nonattainment areas classified as marginal or above to report annual emissions of nitrogen oxides (NOX) and volatile organic compounds (VOC). This SIP revision provides the District’s certification that its existing emissions statement program satisfies the emissions statement requirements of the CAA for the 2015 ozone National Ambient Air Quality Standard (NAAQS). EPA is proposing to approve the District’s emissions statement program certification for the 2015 ozone NAAQS as a SIP revision in accordance with the requirements of the CAA. Written comments must be received on or before April 12, 2021. DATES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2020–0574 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. ADDRESSES: khammond on DSKJM1Z7X2PROD with PROPOSALS FOR FURTHER INFORMATION CONTACT: Serena Nichols, 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) 814–2053. Ms. Nichols can also be reached via electronic mail at Nichols.Serena@epa.gov. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:33 Mar 10, 2021 Jkt 253001 I. Background Under the CAA, EPA establishes NAAQS for criteria pollutants in order to protect human health and the environment. In response to scientific evidence linking ozone exposure to adverse health effects, EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm) 1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA requires EPA to review and reevaluate the NAAQS every five years in order to consider updated information regarding the effects of the criteria pollutants on human health and the environment. On July 18, 1997, EPA promulgated a revised ozone NAAQS, referred to as the 1997 ozone NAAQS, of 0.08 ppm averaged over eight hours. 62 FR 38856. This 8-hour ozone NAAQS was determined to be more protective of public health than the previous 1979 1hour ozone NAAQS. In 2008, EPA strengthened the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008). In 2015, EPA further lowered the 8-hour ozone NAAQS from 0.075 ppm to 0.070 ppm. The 0.070 ppm standard is referred to as the 2015 ozone NAAQS. See 80 FR 65452 (October 26, 2015). On June 4, 2018 and July 25, 2018, EPA designated nonattainment areas for the 2015 ozone NAAQS. 83 FR 25776 and 83 FR 35136. Effective August 3, 2018 (83 FR 25776, June 4, 2018), the Washington, DC-MD-VA area was designated as marginal nonattainment for the 2015 ozone NAAQS. See 40 CFR 81.309. Section 182 of the CAA identifies plan submissions and requirements for ozone nonattainment areas. Specifically, CAA section 182(a)(3)(B) requires that states develop and submit, as a revision to their SIP, rules which establish annual emission reporting requirements for certain stationary sources. Sources that are within ozone nonattainment areas must annually report the actual emissions of NOX and VOC to the state. However, states may waive this requirement for sources that emit under 25 tons per year (tpy) of NOX or VOC if the state provides an inventory of emissions from such class or category of sources as required by CAA sections 172 and 182. See CAA section 182(a)(3)(B)(ii). EPA published guidance on source emissions statements in a July 1992 memorandum titled, ‘‘Guidance on the Implementation of an Emission Statement Program’’ 1 and in a March 1 July 1992 memorandum titled, ‘‘Guidance on the Implementation of an Emission Statement Program is available online at https://www.epa.gov/ sites/production/files/2015-09/documents/ PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 14, 2006 memorandum titled, ‘‘Emission Statement Requirements Under 8-hour Ozone NAAQS Implementation’’ (2006 memorandum).2 In addition, on December 6, 2018, EPA issued a final rule addressing a range of nonattainment area SIP requirements for the 2015 ozone NAAQS, including the emission statement requirements of CAA section 182(a)(3)(B) (2018 final rule). 83 FR 62998, codified at 40 CFR part 51, subpart CC. The 2006 memorandum clarified that the emissions statement requirement of CAA section 182(a)(3)(B) was applicable to all areas designated nonattainment for the 1997 ozone NAAQS and classified as marginal or above under subpart 2, part D, title I of the CAA. Per EPA’s 2018 final rule, the emissions statement requirement also applies to all areas designated nonattainment for the 2015 ozone NAAQS. 83 FR 62998, 63023 (December 6, 2018). According to the preamble to EPA’s 2018 final rule, most areas that are required to have an emissions statement program for the 2015 ozone NAAQS already have one in place due to a nonattainment designation for an earlier ozone NAAQS. 83 FR 62998, 63001 (December 6, 2018). EPA’s 2018 final rule states that, ‘‘Many air agencies already have regulations in place to address certain nonattainment area planning requirements due to nonattainment designations for a prior ozone NAAQS. Air agencies should review any existing regulation that was previously approved by the EPA to determine whether it is sufficient to fulfill obligations triggered by the revised ozone NAAQS.’’ Id. In cases where an existing emissions statement rule is still adequate to meet the emissions statement requirement under the 2015 ozone NAAQS, states may provide the rationale for that determination to EPA in a written statement for approval into the SIP to meet the requirements of CAA section 182(a)(3)(B). 83 FR 62998, 63002 (December 6, 2018). In this statement, states should identify how the emissions statement requirements of CAA section 182(a)(3)(B) are met by their existing emissions statement rule. Id. In summary, the District can submit, as a formal revision to its SIP, a statement certifying that the District’s existing emissions statement program emission_statement_program_zypdf.pdf, Docket ID: EPA–R03–QAR–2020–0574. 2 March 14, 2006 memorandum titled, ‘‘Emission Statement Requirements Under 8-hour Ozone NAAQS Implementation’’ is available online at https://www.epa.gov/sites/production/files/201507/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPA–R03–OAR–2020–0574. E:\FR\FM\11MRP1.SGM 11MRP1 Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS satisfies the requirements of CAA section 182(a)(3)(B) and covers the District’s portion of the Washington, DC-MD-VA nonattainment area for the 2015 ozone NAAQS. As additional background, on July 12, 2019, EPA approved a revision to the District’s SIP which corrected the citation to the District of Columbia Municipal Regulations (DCMR) where the requirement for stationary sources to submit emissions statements for NOX and VOC are found. 84 FR 27202 (June 12, 2019). The District’s emission statement regulation is currently found at 20 DCMR section 500.9. II. Summary of SIP Revision and EPA Analysis On June 4, 2020, the District, through DOEE, submitted as a formal SIP revision, a statement certifying that the District’s existing SIP-approved emissions statement program covers the District’s portion of the Washington, DC-MD-VA nonattainment area for the 2015 ozone NAAQS and is at least as stringent as the requirements of CAA section 182(a)(3)(B). In its submittal, the District states that 20 DCMR section 500.9 contains emissions reporting requirements consistent with CAA section 182(a)(3)(B)(i), and that 20 DCMR section 500.9 is approved into the District’s SIP. See 40 CFR 52.2420(c). EPA first approved the District’s emissions statements requirements, now found at 20 DCMR section 500.9, into the District’s SIP on May 26, 1995 (60 FR 27944).3 See also 40 CFR 52.470. EPA’s review of the District’s submittal finds that the District’s existing, SIP-approved emissions statement program at 20 DCMR section 500.9 satisfies the emission statement requirements of CAA section 182(a)(3)(B) for the 2015 ozone NAAQS. The District’s regulation requires the owner of any stationary source located in the District that emits 25 tpy or more of VOC or NOX to submit an emissions statement to the Mayor by April 15 of each year for the emissions discharged during the previous calendar year. Emissions statements are required to be prepared and submitted in accordance with 20 DCMR section 500.9. These emissions statements are required to be submitted annually for the previous calendar year and, at a minimum, must contain the following: (1) Certification that the information in 3 20 DCMR sections 500.4 through 500.6 were also approved into the District’s SIP on January 26, 1995 (60 FR 5134) and October 27, 1999 (64 FR 57777), respectively. These provisions concern reporting requirements related to the transfer of gasoline products. VerDate Sep<11>2014 16:33 Mar 10, 2021 Jkt 253001 the statement is accurate to the best knowledge of the individual certifying the statement as well as the certifying individual’s name and contact information; (2) source identification information including name, physical location, mailing address of the facility, latitude and longitude, and standard industrial classification code(s); (3) operating information including percentage annual throughput by season, days per week on the normal operating schedule, hours per day during the normal operating schedule, and hours per year during the normal operating schedule; (4) process rate data including annual process rate and peak ozone season daily process rate; (5) control equipment information; and (6) emissions information including, but not limited to, estimated actual emissions of NOX and VOC in tpy and pounds per typical ozone season day. These reporting requirements in 20 DCMR section 500.9 meet the requirements of CAA section 182(a)(3)(B)(i). As allowed by CAA section 182(a)(3)(B)(ii), the District has waived the emissions reporting requirement for stationary sources emitting less than 25 tpy of NOX or VOCs because the District includes these emissions in reports to EPA. CAA section 182(a)(3)(B)(ii) allows the State to waive the application of clause (i) to any class or category of stationary sources which emit less than 25 tons per year of VOC or NOX if the State, in its submissions under subparagraphs (1) or (3)(A), provides an inventory of emissions from such class or category of sources, based on the use of the emission factors established by the Administrator or other methods acceptable to the Administrator. As noted in the District’s June 4, 2020 submittal, pursuant to the Air Emissions Reporting Requirements rule at 40 CFR part 51, the District is required to submit emissions inventories for criteria pollutants to EPA’s Emissions Inventory System (EIS), and that sources emitting less than 25 tpy of NOX or VOC are included in these inventories as area sources. The submission also notes that emissions from these sources are calculated using emission factors approved by the Administrator. These small stationary sources are therefore addressed in accordance with CAA section 182(a)(3)(B)(ii). Therefore, EPA has determined that the District’s existing emissions statement program, as set forth at 20 DCMR section 500.9, which is currently in the District’s SIP, and the District’s reporting for sources emitting less than 25 tpy of NOX or VOC, meet the emissions statement requirements in PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 13845 CAA section 182(a)(3)(B) for the 2015 ozone NAAQS. EPA is proposing to approve, as a SIP revision, the District’s June 4, 2020 emissions statement program certification as meeting the requirements of CAA section 182(a)(3)(B) for the 2015 ozone NAAQS. III. Proposed Action EPA is proposing to approve the District’s SIP revision submitted on June 4, 2020, which certifies that District’s existing SIP-approved emissions statement program under 20 DCMR section 500.9 satisfies the requirements of CAA section 182(a)(3)(B) for the 2015 ozone NAAQS. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under the CAA, the EPA 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 E:\FR\FM\11MRP1.SGM 11MRP1 13846 Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Proposed Rules 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, in which EPA is proposing approval of the District’s certification that its existing emission statement program satisfies the emission statement requirements of the CAA for the 2015 ozone NAAQS, 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, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: March 3, 2021. Diana Esher, Acting Regional Administrator, Region III. [FR Doc. 2021–05097 Filed 3–10–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 141 [EPA–HQ–OW–2020–0530; FRL 10019–46– OW] khammond on DSKJM1Z7X2PROD with PROPOSALS RIN 2040–AF89 Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 5) for Public Water Systems and Announcement of Public Meeting Environmental Protection Agency. ACTION: Proposed rule and notice of public meeting. AGENCY: The U.S. Environmental Protection Agency (EPA or Agency) is SUMMARY: VerDate Sep<11>2014 16:33 Mar 10, 2021 Jkt 253001 proposing a Safe Drinking Water Act (SDWA) rule that would require public water systems to collect national occurrence data for 29 per- and polyfluoroalkyl substances (PFAS) and lithium. This proposed rule would require all community and nontransient non community water systems serving 3,300 or more people, and a representative sample of smaller water systems, to conduct monitoring. PFAS and lithium are not currently subject to national primary drinking water regulations, and EPA is proposing to require the collection of drinking water occurrence data to inform EPA decisions. This proposal fulfills a key commitment in ‘‘EPA’s 2019 Per- and Polyfluoroalkyl Substances (PFAS) Action Plan’’ (https://www.epa.gov/ pfas/epas-pfas-action-plan) by proposing the collection of more drinking water occurrence data for a broader group of PFAS. EPA is also announcing two public meetings (via webinar) to discuss this proposal of the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). DATES: Comments must be received on or before May 10, 2021. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before April 12, 2021. ADDRESSES: You may send comments, identified by Docket ID No. EPA–HQ– OW–2020–0530, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting comments. • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • Hand Delivery or Courier (by scheduled appointment only): EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m.–4:30 p.m., Monday–Friday (except Federal Holidays). Instructions: All submissions received must include the Docket ID No. EPA– HQ–OW–2020–0530 for this rulemaking. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 ‘‘Public Participation’’ heading of the section of this document. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are closed to the public, with limited exceptions, to reduce the risk of transmitting COVID–19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. We encourage the public to submit comments via https:// www.regulations.gov/ or email, as there may be a delay in processing mail and faxes. Hand deliveries and couriers may be received by scheduled appointment only. For further information on EPA Docket Center services and the current status, please visit us online at https:// www.epa.gov/dockets. EPA is offering a virtual meeting twice during the public comment period. For more details on the meeting (including dates and times) and to register, please visit https:// www.epa.gov/dwucmr/unregulatedcontaminant-monitoring-rule-ucmrmeetings-and-materials. Refer to the SUPPLEMENTARY INFORMATION section of this document for additional information. FOR FURTHER INFORMATION CONTACT: Brenda D. Bowden, Standards and Risk Management Division (SRMD), Office of Ground Water and Drinking Water (OGWDW) (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; telephone number: (513) 569– 7961; email address: bowden.brenda@ epa.gov; or Melissa Simic, SRMD, OGWDW (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; telephone number: (513) 569– 7864; email address: simic.melissa@ epa.gov. For general information, visit the Safe Drinking Water Information web page on the internet at: https:// www.epa.gov/ground-water-anddrinking-water/safe-drinking-waterinformation. SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION Table of Contents I. Summary Information A. Purpose of the Regulatory Action 1. What action is EPA taking? 2. Does this action apply to me? 3. What is EPA’s authority for taking this action? B. Summary of the Regulatory Action C. Economic Analysis 1. What is the estimated cost of this proposed action? 2. Benefits of the Proposed Action II. Public Participation E:\FR\FM\11MRP1.SGM 11MRP1

Agencies

[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Proposed Rules]
[Pages 13843-13846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05097]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0574; FRL10020-86-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Emissions Statement Certification for the 2015 
Ozone National Ambient Air Quality 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 formally submitted 
by the District of Columbia Department of Energy and the Environment 
(DOEE). Under the Clean Air Act (CAA), a state's SIP must include an 
emission statement

[[Page 13844]]

regulation that requires stationary sources in ozone nonattainment 
areas classified as marginal or above to report annual emissions of 
nitrogen oxides (NOX) and volatile organic compounds (VOC). 
This SIP revision provides the District's certification that its 
existing emissions statement program satisfies the emissions statement 
requirements of the CAA for the 2015 ozone National Ambient Air Quality 
Standard (NAAQS). EPA is proposing to approve the District's emissions 
statement program certification for the 2015 ozone NAAQS as a SIP 
revision in accordance with the requirements of the CAA.

DATES: Written comments must be received on or before April 12, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0574 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: Serena Nichols, 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-
2053. Ms. Nichols can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Under the CAA, EPA establishes NAAQS for criteria pollutants in 
order to protect human health and the environment. In response to 
scientific evidence linking ozone exposure to adverse health effects, 
EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm) 
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA 
requires EPA to review and reevaluate the NAAQS every five years in 
order to consider updated information regarding the effects of the 
criteria pollutants on human health and the environment. On July 18, 
1997, EPA promulgated a revised ozone NAAQS, referred to as the 1997 
ozone NAAQS, of 0.08 ppm averaged over eight hours. 62 FR 38856. This 
8-hour ozone NAAQS was determined to be more protective of public 
health than the previous 1979 1-hour ozone NAAQS. In 2008, EPA 
strengthened the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR 
16436 (March 27, 2008). In 2015, EPA further lowered the 8-hour ozone 
NAAQS from 0.075 ppm to 0.070 ppm. The 0.070 ppm standard is referred 
to as the 2015 ozone NAAQS. See 80 FR 65452 (October 26, 2015).
    On June 4, 2018 and July 25, 2018, EPA designated nonattainment 
areas for the 2015 ozone NAAQS. 83 FR 25776 and 83 FR 35136. Effective 
August 3, 2018 (83 FR 25776, June 4, 2018), the Washington, DC-MD-VA 
area was designated as marginal nonattainment for the 2015 ozone NAAQS. 
See 40 CFR 81.309. Section 182 of the CAA identifies plan submissions 
and requirements for ozone nonattainment areas. Specifically, CAA 
section 182(a)(3)(B) requires that states develop and submit, as a 
revision to their SIP, rules which establish annual emission reporting 
requirements for certain stationary sources. Sources that are within 
ozone nonattainment areas must annually report the actual emissions of 
NOX and VOC to the state. However, states may waive this 
requirement for sources that emit under 25 tons per year (tpy) of 
NOX or VOC if the state provides an inventory of emissions 
from such class or category of sources as required by CAA sections 172 
and 182. See CAA section 182(a)(3)(B)(ii).
    EPA published guidance on source emissions statements in a July 
1992 memorandum titled, ``Guidance on the Implementation of an Emission 
Statement Program'' \1\ and in a March 14, 2006 memorandum titled, 
``Emission Statement Requirements Under 8-hour Ozone NAAQS 
Implementation'' (2006 memorandum).\2\ In addition, on December 6, 
2018, EPA issued a final rule addressing a range of nonattainment area 
SIP requirements for the 2015 ozone NAAQS, including the emission 
statement requirements of CAA section 182(a)(3)(B) (2018 final rule). 
83 FR 62998, codified at 40 CFR part 51, subpart CC. The 2006 
memorandum clarified that the emissions statement requirement of CAA 
section 182(a)(3)(B) was applicable to all areas designated 
nonattainment for the 1997 ozone NAAQS and classified as marginal or 
above under subpart 2, part D, title I of the CAA. Per EPA's 2018 final 
rule, the emissions statement requirement also applies to all areas 
designated nonattainment for the 2015 ozone NAAQS. 83 FR 62998, 63023 
(December 6, 2018).
---------------------------------------------------------------------------

    \1\ July 1992 memorandum titled, ``Guidance on the 
Implementation of an Emission Statement Program is available online 
at https://www.epa.gov/sites/production/files/2015-09/documents/emission_statement_program_zypdf.pdf, Docket ID: EPA-R03-QAR-2020-
0574.
    \2\ March 14, 2006 memorandum titled, ``Emission Statement 
Requirements Under 8-hour Ozone NAAQS Implementation'' is available 
online at https://www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPA-R03-OAR-2020-
0574.
---------------------------------------------------------------------------

    According to the preamble to EPA's 2018 final rule, most areas that 
are required to have an emissions statement program for the 2015 ozone 
NAAQS already have one in place due to a nonattainment designation for 
an earlier ozone NAAQS. 83 FR 62998, 63001 (December 6, 2018). EPA's 
2018 final rule states that, ``Many air agencies already have 
regulations in place to address certain nonattainment area planning 
requirements due to nonattainment designations for a prior ozone NAAQS. 
Air agencies should review any existing regulation that was previously 
approved by the EPA to determine whether it is sufficient to fulfill 
obligations triggered by the revised ozone NAAQS.'' Id. In cases where 
an existing emissions statement rule is still adequate to meet the 
emissions statement requirement under the 2015 ozone NAAQS, states may 
provide the rationale for that determination to EPA in a written 
statement for approval into the SIP to meet the requirements of CAA 
section 182(a)(3)(B). 83 FR 62998, 63002 (December 6, 2018). In this 
statement, states should identify how the emissions statement 
requirements of CAA section 182(a)(3)(B) are met by their existing 
emissions statement rule. Id. In summary, the District can submit, as a 
formal revision to its SIP, a statement certifying that the District's 
existing emissions statement program

[[Page 13845]]

satisfies the requirements of CAA section 182(a)(3)(B) and covers the 
District's portion of the Washington, DC-MD-VA nonattainment area for 
the 2015 ozone NAAQS.
    As additional background, on July 12, 2019, EPA approved a revision 
to the District's SIP which corrected the citation to the District of 
Columbia Municipal Regulations (DCMR) where the requirement for 
stationary sources to submit emissions statements for NOX 
and VOC are found. 84 FR 27202 (June 12, 2019). The District's emission 
statement regulation is currently found at 20 DCMR section 500.9.

II. Summary of SIP Revision and EPA Analysis

    On June 4, 2020, the District, through DOEE, submitted as a formal 
SIP revision, a statement certifying that the District's existing SIP-
approved emissions statement program covers the District's portion of 
the Washington, DC-MD-VA nonattainment area for the 2015 ozone NAAQS 
and is at least as stringent as the requirements of CAA section 
182(a)(3)(B). In its submittal, the District states that 20 DCMR 
section 500.9 contains emissions reporting requirements consistent with 
CAA section 182(a)(3)(B)(i), and that 20 DCMR section 500.9 is approved 
into the District's SIP. See 40 CFR 52.2420(c). EPA first approved the 
District's emissions statements requirements, now found at 20 DCMR 
section 500.9, into the District's SIP on May 26, 1995 (60 FR 
27944).\3\ See also 40 CFR 52.470.
---------------------------------------------------------------------------

    \3\ 20 DCMR sections 500.4 through 500.6 were also approved into 
the District's SIP on January 26, 1995 (60 FR 5134) and October 27, 
1999 (64 FR 57777), respectively. These provisions concern reporting 
requirements related to the transfer of gasoline products.
---------------------------------------------------------------------------

    EPA's review of the District's submittal finds that the District's 
existing, SIP-approved emissions statement program at 20 DCMR section 
500.9 satisfies the emission statement requirements of CAA section 
182(a)(3)(B) for the 2015 ozone NAAQS. The District's regulation 
requires the owner of any stationary source located in the District 
that emits 25 tpy or more of VOC or NOX to submit an 
emissions statement to the Mayor by April 15 of each year for the 
emissions discharged during the previous calendar year. Emissions 
statements are required to be prepared and submitted in accordance with 
20 DCMR section 500.9.
    These emissions statements are required to be submitted annually 
for the previous calendar year and, at a minimum, must contain the 
following: (1) Certification that the information in the statement is 
accurate to the best knowledge of the individual certifying the 
statement as well as the certifying individual's name and contact 
information; (2) source identification information including name, 
physical location, mailing address of the facility, latitude and 
longitude, and standard industrial classification code(s); (3) 
operating information including percentage annual throughput by season, 
days per week on the normal operating schedule, hours per day during 
the normal operating schedule, and hours per year during the normal 
operating schedule; (4) process rate data including annual process rate 
and peak ozone season daily process rate; (5) control equipment 
information; and (6) emissions information including, but not limited 
to, estimated actual emissions of NOX and VOC in tpy and 
pounds per typical ozone season day. These reporting requirements in 20 
DCMR section 500.9 meet the requirements of CAA section 
182(a)(3)(B)(i).
    As allowed by CAA section 182(a)(3)(B)(ii), the District has waived 
the emissions reporting requirement for stationary sources emitting 
less than 25 tpy of NOX or VOCs because the District 
includes these emissions in reports to EPA. CAA section 
182(a)(3)(B)(ii) allows the State to waive the application of clause 
(i) to any class or category of stationary sources which emit less than 
25 tons per year of VOC or NOX if the State, in its 
submissions under subparagraphs (1) or (3)(A), provides an inventory of 
emissions from such class or category of sources, based on the use of 
the emission factors established by the Administrator or other methods 
acceptable to the Administrator.
    As noted in the District's June 4, 2020 submittal, pursuant to the 
Air Emissions Reporting Requirements rule at 40 CFR part 51, the 
District is required to submit emissions inventories for criteria 
pollutants to EPA's Emissions Inventory System (EIS), and that sources 
emitting less than 25 tpy of NOX or VOC are included in 
these inventories as area sources. The submission also notes that 
emissions from these sources are calculated using emission factors 
approved by the Administrator. These small stationary sources are 
therefore addressed in accordance with CAA section 182(a)(3)(B)(ii).
    Therefore, EPA has determined that the District's existing 
emissions statement program, as set forth at 20 DCMR section 500.9, 
which is currently in the District's SIP, and the District's reporting 
for sources emitting less than 25 tpy of NOX or VOC, meet 
the emissions statement requirements in CAA section 182(a)(3)(B) for 
the 2015 ozone NAAQS. EPA is proposing to approve, as a SIP revision, 
the District's June 4, 2020 emissions statement program certification 
as meeting the requirements of CAA section 182(a)(3)(B) for the 2015 
ozone NAAQS.

III. Proposed Action

    EPA is proposing to approve the District's SIP revision submitted 
on June 4, 2020, which certifies that District's existing SIP-approved 
emissions statement program under 20 DCMR section 500.9 satisfies the 
requirements of CAA section 182(a)(3)(B) for the 2015 ozone NAAQS. EPA 
is soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the EPA 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

[[Page 13846]]

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, in which EPA is proposing 
approval of the District's certification that its existing emission 
statement program satisfies the emission statement requirements of the 
CAA for the 2015 ozone NAAQS, 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, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-05097 Filed 3-10-21; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.