[Federal Register Volume 69, Number 248 (Tuesday, December 28, 2004)]
[Rules and Regulations]
[Pages 77647-77650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28197]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RME R03-OAR-2004-DC-0001; FRL-7855-3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Amendments to the Size Thresholds for Defining 
Major Sources and to the NSR Offset Ratios for Sources of VOC and NOX

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
District of Columbia (the District) State Implementation Plan (SIP). 
The revisions reduce the size thresholds for defining major sources and 
increase the new source review (NSR) offset ratio requirements for 
sources of ozone precursors to meet the Clean Air Act (CAA) 
requirements for 1-hour ozone nonattainment areas classified as severe. 
These amendments to the District's SIP are required pursuant to the 
reclassification of the Metropolitan Washington, DC 1-hour ozone 
nonattainment area from serious to severe. This action is being taken 
under the CAA.

DATES: This rule is effective on February 28, 2005 without further 
notice, unless EPA receives adverse written comment by January 27, 
2005. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2004-DC-0001 by one of the following 
methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    C. E-mail: [email protected].
    D. Mail: R03-OAR-2004-DC-0001, Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. R03-OAR-2004-DC-
0001. EPA's policy is that all comments received will be included in 
the public docket without change, and may be made available online at 
http://www.docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without

[[Page 77648]]

going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the District of Columbia Department of Public Health, 
Air Quality Division, 51 N Street, NE., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On January 24, 2003 ( 68 FR 3410), EPA issued a final rule which 
reclassified the Metropolitan Washington DC 1-hour ozone nonattainment 
area (the Washington DC area) from serious to severe. This is commonly 
referred to as ``bumping up'' a 1-hour ozone nonattainment area. 
Pursuant to EPA's January 24, 2003 reclassification of the Washington 
DC area to severe, the District was required to adopt and submit SIP 
revisions to satisfy the more stringent CAA section 182(d) requirements 
for severe 1-hour ozone nonattainment areas. On April 16, 2004, the 
District submitted several SIP revisions to satisfy those mandatory 
severe area requirements. Among those revisions are amendments to the 
size thresholds for defining major stationary sources of ozone 
precursors and amendments to the offset ratio requirements for NSR 
permitting purposes. These revisions are the subject of this rulemaking 
action. The other revisions submitted on April 16, 2004 are the 
addressed in separate rulemakings.

II. Summary of SIP Revision

    On April 16, 2004 (and supplemented on September 20, 2004), the 
District submitted SIP revisions to regulations found in Chapters 1, 2, 
7 and 8 of Title 20 of the District of Columbia Municipal Regulations 
(DCMRs). Specifically, the regulations have been revised to meet the 
more stringent major source definitions and offset ratio requirements 
for severe ozone nonattainment areas found in CAA 182(d).
    Revisions have been made to 20 DCMR Chapter 2, subsection 204.4 
which change the NSR offset ratio from 1.2:1 to the more stringent 
ratio of 1.3:1 required for the NSR permitting of major sources and 
major modifications of ozone precursors in the District, namely 
volatile organic compounds (VOCs) and nitrogen oxides (NOX).
    Revisions have also been made which change the size thresholds for 
defining major sources of VOC and NOX to comply with the 25 ton per 
year size threshold requirements of the CAA for severe 1-hour ozone 
nonattainment areas. Specifically, 20 DCMR Chapter 1, Subsection 199.1, 
for permitting requirements, now defines major stationary sources of 
VOC and NOX as those which emit or have the potential to emit 25 tons 
per year or more. Title 20 DCMR Chapter 7, Subsections 715.2, 715.3 and 
715.4(b), for purposes of requiring reasonably available control 
technology (RACT), now define major sources of VOC as those which emit, 
have ever emitted, have the potential to emit, or exceed in the future, 
emissions greater than or equal to 25 tons per year. Similarly, 20 DCMR 
Chapter 8, Subsections 805.1 and 805.6 and 805.7; now define major 
sources of NOX as those which emit or have the potential to emit 25 
tons per year or more for applicability of NOX RACT requirements. 
Additional changes were made to include a January 1, 2005 compliance 
date for RACT for those sources which emit or have the potential to 
emit between 25 tons per year (the new threshold for defining a subject 
major source) and the previous major source applicability level of 50 
tons per year.
    These changes to the District SIP are necessary to meet the 
mandatory requirements for severe 1-hour ozone nonattainment areas 
under section 182(d) of the CAA and strengthen the current SIP.

III. Final Action

    EPA is approving revisions to regulations found in 20 DCMR Chapters 
1, 2, 7 and 8 submitted by the District to satisfy the more stringent 
major source definitions and offset ratio requirements for severe ozone 
nonattainment areas found in CAA 182(d). EPA is publishing this rule 
without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comment. However, 
in the ``Proposed Rules'' section of today's Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on February 28, 2005 without further notice unless EPA 
receives adverse comment by January 27, 2005. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have tribal implications because it

[[Page 77649]]

will not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000). This action also does not have 
federalism implications because it does not have substantial direct 
effects 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, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely approves a state rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the 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 February 28, 2005. 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 to approve revisions to the District of 
Columbia's regulations pertaining to major source size thresholds and 
offset ratios to satisfy the requirements for severe 1-hour ozone 
nonattainment requirements 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, volatile organic compounds.

    Dated: December 14, 2004.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart J--District of Columbia

0
2. In Section 52.470, the table in paragraph (c) is amended by revising 
the existing entries for Chapter 1, Section 199; Chapter 2, Section 
204; Chapter 7, Section 715; and Chapter 8, Section 805. The amendments 
read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                  EPA-Approved District of Columbia Regulations
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                                                               State                              Additional
         State citation               Title/subject       effective date   EPA approval date      explanation
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                                                  * * * * * * *
--------------------------------
                                                Chapter 1 General
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Section 199....................  Definitions and                 4/16/04  12/28/04 [Insert    Revised Definition
                                  Abbreviations.                           page number where   of Major
                                                                           the document        Stationary
                                                                           begins].            Source.
 
                                                  * * * * * * *
--------------------------------
                                Chapter 2 General and Non-attainment Area Permits
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                                                  * * * * * * *
Section 204....................  Requirements for                4/16/04  12/28/04 [Insert    Revised Paragraph
                                  Sources Affecting                        page number where   204.4.
                                  Nonattainment Areas.                     the document
                                                                           begins].
 

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                                                  * * * * * * *
--------------------------------
                                      Chapter 7 Volatile Organic Compounds
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                                                  * * * * * * *
Section 715....................  Reasonably Available            4/16/04  12/28/04 [Insert    Revised paragraphs
                                  Control Technology.                      page number where   715.2, 715.3, and
                                                                           the document        715.4(b).
                                                                           begins].
 
                                                  * * * * * * *
--------------------------------
                                 Chapter 8 Asbestos, Sulfur and Nitrogen Oxides
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                                                  * * * * * * *
Section 805....................  Nitrogen Oxides........         4/16/04  12/28/04 [Insert    Revised paragraphs
                                                                           page number where   805.1 (a),
                                                                           the document        805.1(a)(3) and
                                                                           begins].            (4), 805.1(b) and
                                                                                               (c), 805.6 and
                                                                                               805.7.
 
                                                  * * * * * * *
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[FR Doc. 04-28197 Filed 12-27-04; 8:45 am]
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