[Federal Register Volume 62, Number 105 (Monday, June 2, 1997)]
[Proposed Rules]
[Pages 29682-29684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14303]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIPTRAX NO. DC032-2005; FRL-5833-1]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; New Source Review Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the District of Columbia. This revision
establishes and requires the major new source review (NSR) permit
program. The intended
[[Page 29683]]
effect of this action is to propose approval of the NSR program which
requires permitting for the construction of major new or major modified
sources pursuant to the requirements of the Clean Air Act (CAA). This
action is being taken under section 110 of the Clean Air Act.
DATES: Comments must be received on or before July 2, 1997.
ADDRESSES: Comments may be mailed to Kathleen Henry, Chief, Permits
Program Section, Mailcode 3AT23, 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, Pennsylvania 19107; the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460; District of Columbia
Department of Consumer and Regulatory Affairs, 2100 Martin Luther King
Ave, S.E., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 566-2068, or by e-
mail at [email protected]. (Although additional information
may be requested via e-mail, comments must be submitted in writing to
the above EPA address.)
SUPPLEMENTARY INFORMATION: On May 2, 1997, the District of Columbia,
Department of Consumer and Regulatory Affairs, submitted a revision to
its State Implementation Plan (SIP) for major new source review (NSR).
This revision requires major new and modified sources of volatile
organic compounds (VOCs) and nitrogen oxides (NOX) to meet
certain new source requirements if they are being located in a
designated nonattainment area, if they are expected to emit these
pollutants in quantities that would significantly impact a
nonattainment area, or if they are being located an the ozone transport
region. These requirements include installing Lowest Achievable
Emission Rate (LAER) technology and obtaining emission offsets.
Background
The SIP revision consists of regulations applicable to new source
permitting in District of Columbia Municipal Regulations (DCMR) Title
20, sections 199, 200, 201, 202, 204, 206.1 (pertaining to public
notice), and 299 (reference to applicability of definitions in section
199).
The District of Columbia (the District) is part of the Washington,
DC ozone nonattainment area, which includes portions of Maryland and
Virginia. Washington, DC is a nonattainment area classified as serious
for ozone, and as such, is required under the Clean Air Act to
implement certain requirements including those pertaining to the
permitting of major new and major modified sources. Title I, Part D of
the Clean Air Act (including sections 171, 172, 173, 182, 187, and 189)
requires that States incorporate into the applicable SIP an acceptable
permitting program for the preconstruction review of new or modified
major stationary sources in nonattainment areas. In addition, the 1990
Amendments create certain new requirements for States. The amended Act
required that areas such as the District submit adopted regulations
applying to the permitting of those major sources no later than
November 15, 1992. In addition, section 184 of the amended Act requires
that areas located in the ozone transport region (OTR), of which the
District is a part, submit a NSR program applicable to major new and
major modified sources. The Act defines major sources in serious ozone
nonattainment areas as those with the potential to emit greater than or
equal to 50 tons per year (TPY) of VOC or NOX emissions.
Therefore, although section 184 requires that areas in the OTR define
major sources as those with the potential to emit greater than or equal
to 50 TPY VOC or 100 TPY NOX emissions, the more stringent
major source threshold of 50 TPY for serious ozone nonattainment areas
supersedes the OTR requirement.
On July 6, 1993, EPA made a finding that the District had failed to
submit the required NSR regulations, which started the 18 month
sanctions clock under section 179 of the Act. On October 22, 1993, the
District submitted the required regulations, which were subsequently
determined by EPA to be complete and the sanctions clock for failure to
submit were stopped. Due to multiple deficiencies in the submitted
regulations, EPA disapproved the SIP submittal in a direct final
rulemaking on March 24, 1995 (Volume 60 FR 15483). This action once
again started a sanctions clock. On November 23, 1996, the 2:1 emission
offset sanction, which is the first of two mandatory sanctions, was
imposed pursuant to Section 179 of the Act. The second mandatory
sanction clock, the withholding of federal funds for new highway
projects, will expire on May 24, 1997. An interim rulemaking to stay
both phases of sanctions, 2:1 emission offsets and restriction of
highway funds, is being published in the final rules section of this
Federal Register concurrently with this proposed rule.
Summary of SIP Revision
The District of Columbia submittal includes regulations for the
construction permitting program for major new and major modified
sources required under section 182 of the Act. Although sections 200,
201, 202, and 204 of the District of Columbia Municipal Regulations
(DCMR) apply to both major and minor sources and to sources wishing to
obtain construction or operating permits, it is the intent of this SIP
submittal to meet only the requirement to submit a major new source
permitting program under section 182 of the CAA. Therefore, only those
requirements in sections 200, 201, 202, and 204 applicable to major new
or major modified construction permitting are being approved into the
SIP at this time by this rulemaking action. The District of Columbia's
current SIP regulation for minor sources remain in effect. Section
206.1 contains public notice and opportunity requirements for NSR
permitting. Section 299 is an administrative section stating that the
definitions in section 199 apply to Chapter 2. Section 199 contains the
definitions applicable to all of the District's regulations. Those
definitions contained in section 199 that apply to the permitting
programs and which are the subject of this rulemaking action, are:
``actual emissions,'' ``allowable emissions,'' ``begin actual
construction,'' ``commence,'' ``complete,'' ``emissions unit,''
``federally enforceable,'' ``major modification,'' ``major stationary
source,'' ``modification,'' ``necessary preconstruction approvals or
permits,'' ``net emissions increase,'' ``new source,'' ``potential to
emit,'' ``shutdown,'' ``significant,'' and ``stationary source.''
EPA Analysis
Section 182 of the Act requires all States to submit regulations at
least as stringent as the nonattainment NSR provisions found in
sections 172 and 173 of the Act and the implementing regulations found
in 40 CFR part 51. EPA's review of this material indicates that the
revision corrects the deficiencies discussed in the EPA disapproval,
(60 FR 15483, March 24, 1995), and meets the criteria for a NSR
program.
The two most significant deficiencies cited in the disapproval were
lack of public comment requirements and the existence of a temporary
permit provision which might circumvent NSR permitting. The regulations
were
[[Page 29684]]
amended to correct these deficiencies (District Register, May 9, 1997).
Public review and comment procedures were added to the DCMR (Title 20,
section 206.1 and 206.2). The temporary operating permit provision
(DCMR, Title 20, 200.3) was modified to require that operation of the
source is in accordance with the requirements of the Chapter; this
meets the requirements of the Act.
The 1995 disapproval also cites the requirement to update all state
regulations to reflect changes in the Clean Air Act by the 1990
amendments in sections 172 and 173 and other relevant sections.
Amendments to the DCMR section 204 required for the 1990 amendments
provisions have been included in this SIP revision. Section 204 of the
DCMR has also been amended to correct the remaining issues mentioned in
EPA's March 25, 1995 disapproval. Details of the provisions and
corrections are found in the Technical Support Document (TSD) for this
rulemaking. The TSD is available from the EPA Regional Office listed in
the ADDRESSES section of this notice.
EPA is proposing to approve the District SIP revision for NSR,
which was submitted on May 2, 1997. EPA is soliciting public comments
on the issues discussed in this document or on other relevant matters.
These comments will be considered before taking final action.
Interested parties may participate in the Federal rulemaking procedure
by submitting written comments to the EPA Regional office listed in the
Addresses section of this notice.
Proposed Action
EPA is proposing to approve the NSR program for new major sources
and major modifications in the District of Columbia. Nothing in this
action should be construed as permitting or allowing or establishing a
precedent for any future request for revision to any state
implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 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 a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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 impact on a substantial number of small entities. Small
entities include small businesses, small not-for-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
Clean Air 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
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
The Administrator's decision to approve or disapprove the
District's NSR SIP revision will be based on whether it meets the
requirements of section 110(a)(2)(A)-(K) and part D of the Clean Air
Act, as amended, and EPA regulations in 40 CFR Part 51.
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.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 21, 1997.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. 97-14303 Filed 5-30-97; 8:45 am]
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