[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Rules and Regulations]
[Pages 27889-27891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12927]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC15-1-6358; FRL-5178-7]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia--Emission Statement Program

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the District of Columbia. This revision consists of an 
emission statement program for stationary sources which emit volatile 
organic compounds (VOCs) and/or nitrogen oxides (NOX) at or above 
specified actual emission threshold levels. The intended effect of this 
action is to approve a regulation for annual reporting of actual 
emissions by sources that emit VOC and/or NOX within the District 
in accordance with section 182(a)(3)(b) of the 1990 Clean Air Act 
Amendments (CAAA). This action is being taken under section 110 of the 
Clean Air Act.

EFFECTIVE DATE: This action will become effective July 25, 1995 unless 
notice is received on or before June 26, 1995 that adverse or critical 
comments will be submitted. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania, 19107. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the Air, Radiation, 
and Toxics Division, U.S. Environmental Protection Agency, Region III, 
841 Chestnut Building, Philadelphia, PA 19107; the Air and Radiation 
Docket and Information Center, U.S. Environmental Protection Agency, 
401 M Street. SW, Washington, DC 20460; and the Environmental 
Regulation Administration, District of Columbia Department of Consumer 
and Regulatory Affairs, 2100 Martin Luther King Ave, S.E., Washington, 
DC 20020.

FOR FURTHER INFORMATION CONTACT: Enid A. Gerena, U.S. Environmental 
Protection Agency, Air, Radiation, and Toxics Division, 841 Chestnut 
Building, Philadelphia, PA 19107, (215) 597-8239.

SUPPLEMENTARY INFORMATION: On October 22, 1993, the District of 
Columbia Department of Consumer and Regulatory Affairs (DCRA) submitted 
a formal revision to its SIP. One of those revisions is the District's 
Emission Statement program which requires owners of stationary sources 
that emit VOCs and/or NOX, above specified actual emission 
applicability thresholds, to submit annual statements certifying 
emissions. This notice only addresses the District's Emission Statement 
SIP submittal. The other revisions submitted on October 22, 1993 are 
the subjects of separate rulemaking notices.

I. Background

    The air quality planning and State Implementation Plan (SIP) 
requirements for ozone nonattainment and transport areas are set out in 
subparts I and II of Part D of Title I of the Clean Air Act, as amended 
by the Clean Air Act Amendments of 1990. EPA published a ``General 
Preamble'' describing EPA's preliminary views on how it intends to 
review SIP's and SIP revisions submitted under Title I of the CAA, 
including those State submittals for ozone transport areas within the 
States {see 57 FR 13498 (April 16, 1992) [''SIP: General Preamble for 
the Implementation of Title I of the Clean Air Act Amendments of 
1990''], 57 FR 18070 (April 28, 1992) [''Appendices to the General 
Preamble''], and 57 FR 55620 (November 25, 1992) [''SIP: NOX 
Supplement to the General Preamble'']}.
    EPA also issued a draft guidance document describing the 
requirements for the emission statement programs discussed in this 
action, entitled ``Guidance on the Implementation of an Emission 
Statement Program'' (July, 1992). The Agency is also conducting a 
rulemaking process to modify title 40, part 51 of the CFR to reflect 
the requirements of the emission statement program.
    Section 182 of the Act sets out a graduated control program for 
ozone nonattainment areas. Section 182(a) sets out requirements 
applicable in marginal ozone nonattainment areas, which are also made 
applicable by section 182 (b), (c), (d), and (e) to all other ozone 
nonattainment areas. Among the requirements in section 182(a) is a 
program for stationary sources to prepare and submit to the State each 
year emission statements certifying their actual emissions of VOCs and 
NOX. This section of the Act provides that the States or in this 
case the District, are to submit a revision to their SIPs by November 
15, 1992 establishing this emission statement program. [[Page 27890]] 
    If a source emits either VOCs or NOX at or above the 
designated minimum reporting level, the other pollutant should be 
included in the emission statement, even if it is emitted at levels 
below the specified cutoffs.
    States or the District may waive, with EPA approval, the 
requirement for an emission statement for classes or categories of 
sources with less than 25 tons per year of actual plant-wide NOX 
or VOC emissions in nonattainment areas if the class or category is 
included in the base year and periodic inventories and emissions are 
calculated using emissions factors established by EPA (such as those 
found in EPA publication AP-42) or other methods acceptable to EPA. 
Emissions from stationary sources that emit less than 25 tons per year 
of VOC and NOX are included in the District of Columbia's 1990 
base year emission inventory and must also be included in the periodic 
emission inventories.
    At minimum, the emission statement data should include:

--Certification of data accuracy;
--Source identification information;
--Operating schedule;
--Emissions information (to include annual and typical ozone season day 
emissions);
--Control equipment information; and
--Process data.

    EPA developed emission statements data elements to be consistent 
with other source and State reporting requirements. This consistency is 
essential to assist States (or the District) with quality assurance for 
emission estimates and to facilitate consolidation of all EPA reporting 
requirements.

II. EPA's Evaluation of the District's Submittal

A. Procedural Background

    The District of Columbia held a public hearing on October 27, 1992, 
for the purpose of soliciting public comment on proposed regulatory 
revisions concerning emission statements for stationary sources. The 
regulatory revisions were adopted on July 16, 1993, submitted to EPA on 
October 22, 1993 as a revision to the SIP, and became effective in the 
District on September 30, 1993.

B. Components of the District's Emission Statement Program

    There are several key and specific components of an acceptable 
emission statement program. Specifically, the District must submit a 
revision to its SIP which consists of an emission statement program 
which meets the minimum requirements for reporting by the sources and 
the State (or the District). For the emission statement program to be 
approvable, the District's SIP revision must include, at a minimum, 
definitions and provisions for applicability, compliance, and specific 
source reporting requirements and reporting forms.
    The District's revision consists of amendments to D.C. ACT 10-56 
District of Columbia Air Pollution Control Act of 1984. These 
amendments revise Section 20 DCMR 199, Definitions and add Section 20 
DCMR 500.7, Emission Statements.
    Section 20 DCMR 199, Definitions, has been revised by adding the 
definitions of the following terms:
    Annual process rate; Certifying individual; Control efficiency; 
Control equipment identification code; Emission factor; Emission 
statement; Estimated emission method code; Oxides of nitrogen; Percent 
annual throughput; Plant; Point; Process rate; Standard industrial 
classification code; Typical ozone season day; and Volatile organic 
compounds.
    Section 20 DCMR 500.7, Emission Statements, requires that a person 
who owns or operates any installation, source, or premises located in 
areas designated by the CAA as marginal, moderate, serious, severe or 
extreme ozone nonattainment area to report the levels of emissions from 
the sources emitting 25 tons per year (TPY) or more of VOCs and 
NOX, in order to track emission reductions necessary to attain the 
ozone National Ambient Air Quality Standards (NAAQS). Section 20 DCMR 
500.7, Emission Statements, also requires that a certifying official 
for each facility provide the District with a statement reporting 
emissions by April 15 of each year, beginning with April 15, 1993, for 
the emissions discharged during the previous calendar year. Section 20 
DCMR 500.7, Emission Statements, also defines specific requirements for 
the content of these annual emission statements.

C. Enforceability

    The District of Columbia has provisions in its SIP which ensure 
that the emission statement requirements of Section 182(a)(3)(B) and 
Sections 184(b)(2) and 182(f) of the CAA as required by D.C. ACT 10-56, 
sections 20 DCMR 199, and section 20 DCMR 500.7 are adequately 
enforced. Once EPA completes the rulemaking process approving the 
District's Emission Statement program as part of the SIP, it will be 
federally enforceable.
    EPA has determined that the submittal made by the District of 
Columbia satisfies the relevant requirements of the CAA and EPA's 
guidance document, ``Guidance on the Implementation of an Emission 
Statement Program'' (July 1992). EPA's detailed review of the 
District's Emission Statement Program is contained in a Technical 
Support Document (TSD) which is available, upon request, from the EPA 
Regional Office listed in the ADDRESSES section of this action.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective July 25, 1995 unless, within 30 days of publication, adverse 
or critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent notice that will withdraw 
the final action. All public comments received will then be addressed 
in a subsequent final rule based on this action serving as a proposed 
rule. EPA will not institute a second comment period on this action. 
Any parties interested in commenting on this action should do so at 
this time. If no such comments are received, the public is advised that 
this action will be effective on July 25, 1995.

III. Final Action

    EPA is approving revisions to the District of Columbia SIP to 
include an Emission Statement Program. These revisions consist of 
amendments to D.C. ACT 10-56 District of Columbia Air Pollution Control 
Act by revising section 20 DCMR 199, Definitions, and the addition of 
section 20 DCMR 500.7, Emission Statements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision of any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for- 
[[Page 27891]] profit enterprises, and government entities with 
jurisdiction over populations of less than 50,000.
    SIP approvals under section 110 and subchapter I, Part D of the Act 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, the Administrator 
certifies that it does not have a significant impact on small entities. 
Moreover, due to the nature of the federal-state relationship under the 
CAA, preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state or District 
action. The CAA forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. E.P.A. , 427 U.S. 246, 256-66 
(S.Ct. 1976); 42 U.S.C. section 7410 (a)(2).
    This action has been classified as a Table 2 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225) as revised by an 
October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The OMB has exempted this 
regulatory action from E.O. 12866 review. Under section 307(b)(1) of 
the Clean Air Act, petitions for judicial review of this action must be 
filed in the United States Court of Appeals for the appropriate circuit 
by July 25, 1995. Filing a petition for reconsideration by the 
Administrator of this final rule does not affect the finality of this 
rule 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 approving the District of Columbia Emission Statement 
SIP submittal 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Oxides of 
nitrogen, Ozone, Reporting and recordkeeping requirements, volatile 
organic compounds.

    Dated: January 25, 1995.
Peter H. Kostmayer,
Regional Administrator, Region III.

    40 CFR part 52, subpart J of chapter I, title 40 is amended as 
follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart J--District of Columbia

    2. Section 52.470 is amended by adding paragraph (c)(32) to read as 
follows:


Sec. 52.470  Identification of plan.

* * * * *
    (c) * * *
    (32) Revisions to the District of Columbia Regulations State 
Implementation Plan submitted on October 22, 1993 by the Government of 
the District of Columbia Department of Consumer and Regulatory Affairs.
    (i) Incorporation by reference.
    (A) Letter of October 22, 1993 from the Government of the District 
of Columbia Department of Consumer and Regulatory Affairs transmitting 
a revised regulation which require owners of stationary sources to 
submit emission statements annually.
    (B) D.C. ACT 10-56 amendments to District of Columbia Air Pollution 
Control Act of 1984, Section 20 DCMR 199, specifically the addition of 
new definitions, and the addition of Section 20 DCMR 500.7. Effective 
on September 30, 1993.

[FR Doc. 95-12927 Filed 5-25-95; 8:45 am]
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