[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Rules and Regulations]
[Pages 14310-14312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06217]



[[Page 14310]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0186; FRL-9924-57-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Preconstruction Requirements--Nonattainment New 
Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the District Department 
of the Environment (DDOE) for the District of Columbia (DC) on April 5, 
2013. EPA is approving this revision to DC's nonattainment New Source 
Review (NSR) program in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: This final rule is effective on April 20, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0186. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 through www.regulations.gov or in hard 
copy for public inspection 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 the 
Environment, Air Quality Division, 1200 1st Street NE., 5th Floor, 
Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 11, 2014 (79 FR 73508), EPA published a notice of 
proposed rulemaking (NPR) for the District of Columbia. In the NPR, EPA 
proposed approval of revisions to DC's nonattainment NSR program, 
notably provisions for Plantwide Applicability Limits (PALs) and 
preconstruction permitting requirements for major sources of fine 
particulate matter (PM2.5). The formal SIP revision was 
submitted by DDOE on April 5, 2013.

II. Summary of SIP Revision

    Generally, the revision submitted by DDOE involves amendments to 
sections 199.1 (Definitions and Abbreviations) and 200 (General Permit 
Requirements), repealing and replacing section 204 (Permit Requirements 
for Sources Affecting Non-attainment Areas), repealing section 206 
(Notice and Comment Prior to Permit Issuance), adding sections 208 
(General and Non-attainment Areas) and 210 (Notice and Comment Prior to 
Permit Issuance), and adding specific definitions to section 299 
(Definitions and Abbreviations). Additionally, several non-substantive, 
clarifying and organizational revisions to the sections mentioned 
herein were submitted. As described in detail in the NPR, the revisions 
incorporate provisions related to two Federal rulemaking actions: The 
2002 ``Prevention of Significant Deterioration (PSD) and Nonattainment 
NSR (NSR): Baseline Emissions Determination, Actual-to-Future-Actual 
Methodology, Plantwide Applicability Limitations, Clean Units, 
Pollution Control Projects'' (2002 NSR Rules); and the 2008 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR 
PM2.5 Rule). 67 FR 80186 (December 31, 2002) (2002 NSR 
Rules) and 73 FR 28321 (May 16, 2008) (2008 NSR Rule). The 2008 NSR 
PM2.5 Rule (as well as the 2007 ``Final Clean Air Fine 
Particle Implementation Rule'' (2007 PM2.5 Implementation 
Rule) \1\), was the subject of litigation before the United States 
Court of Appeals for the District of Columbia Circuit (DC Circuit) in 
Natural Resources Defense Council v. EPA.\2\ On January 4, 2013, the 
court remanded to EPA both the 2007 PM2.5 Implementation 
Rule and the 2008 NSR PM2.5 Rule. The court found that in 
both rules EPA erred in implementing the 1997 PM2.5 National 
Ambient Air Quality Standard (NAAQS) solely pursuant to the general 
implementation provisions of subpart 1 of part D of title I of the CAA 
(subpart 1), rather than pursuant to the additional implementation 
provisions specific to particulate matter in subpart 4 of part D of 
title I (subpart 4).\3\ As a result, the court remanded both rules and 
instructed EPA ``to re-promulgate these rules pursuant to subpart 4 
consistent with this opinion.''
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    \1\ 72 FR 20586 (April 25, 2007).
    \2\ 706 F.3d 428 (D.C. Cir. 2013).
    \3\ The DC Circuit's opinion did not specifically address the 
point that implementation under subpart 4 requirements would still 
require consideration of subpart 1 requirements, to the extent that 
subpart 4 did not override subpart 1. EPA assumes that the court 
presumed that EPA would address this issue of potential overlap 
between subpart 1 and subpart 4 requirements in subsequent actions.
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    As was noted in the NPR, with respect to PM2.5, DDOE 
submitted an attainment plan for the Metropolitan Washington, DC-MD-VA 
nonattainment area on April 2, 2008. On January 12, 2009, EPA finalized 
a clean data determination for the area for the 1997 PM2.5 
NAAQS, which suspended the requirement for DDOE to submit, among other 
things, an attainment plan SIP for the area. 74 FR 1146. Accordingly, 
on February 6, 2012, DDOE withdrew the attainment plan SIP, and it is 
no longer before EPA. Moreover, on October 6, 2014, EPA took final 
action to redesignate the Metro-Washington area to attainment for the 
1997 PM2.5 NAAQS. 79 FR 60081. As a result, DDOE is no 
longer obligated to submit a nonattainment NSR SIP revision under 
section 189 of the CAA addressing nonattainment NSR permitting 
requirements for PM2.5, including the requirements under 
subpart 4. Therefore, EPA has not evaluated the April 5, 2013 submittal 
for the purposes of determining compliance with the subpart 4 
requirements. To the extent that any area is designated nonattainment 
for PM2.5 in the future in the Metropolitan Washington, DC 
area, DDOE will have to make a submission under Section 189 of the CAA 
addressing how its nonattainment permitting program in the D.C. SIP 
satisfies the CAA statutory requirements as to PM2.5, 
including subpart 4 and any applicable PM2.5 Federal 
implementation rules.
    Other specific requirements of DDOE's April 5, 2013 submittal and 
the rationale for EPA's approval are explained in the NPR and will not 
be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving DDOE's April 5, 2013 submittal as a revision to 
the D.C. SIP.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the

[[Page 14311]]

incorporation by reference of revisions to D.C.'s nonattainment NSR 
program, notably provisions for PALs and preconstruction permitting 
requirements for major sources of PM2.5 as discussed in 
section II of this action. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule 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.

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 action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 18, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 pertaining to D.C.'s nonattainment NSR program 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 6, 2015.
William C. Early,
Acting Regional Administrator, Region III.
    Therefore, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 Sec.  52.470, the table in paragraph (c) is amended by:
0
a. Revising the entries for sections 199, 200, 204, and 299.
0
b. Removing the entry for section 206.
0
c. Adding in numerical order entries for sections 208 and 210.
    The revisions and additions read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (c) * * *

                      EPA-Approved Regulations and Statutes in the District of Columbia SIP
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                                                               State                              Additional
         State citation               Title/subject       effective date  EPA Approval date      explanation
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                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
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                                                Chapter 1 General
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Section 199....................  Definitions and                11/16/12  3/19/2015 [Insert  ...................
                                  Abbreviations.                            Federal
                                                                           Register
                                                                           Citation].
 

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                                Chapter 2 General and Non-attainment Area Permits
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Section 200....................  General Permit                 11/16/12  3/19/2015 [Insert  ...................
                                  Requirements.                             Federal
                                                                           Register
                                                                           Citation].
 
                                                  * * * * * * *
Section 204....................  Permit Requirements for        11/16/12  3/19/2015 [Insert  Previous version of
                                  Sources Affecting Non-                   Federal Register   Section 204 is
                                  attainment Areas.                        Citation].         replaced in its
                                                                                              entirety
Section 208....................  Plantwide Applicability        11/16/12  3/19/2015 [Insert  Added
                                  Limit (PAL) Permits                      Federal Register
                                  for Major Sources.                       Citation].
Section 210....................  Notice and Comment             11/16/12  3/19/2015 [Insert  Added
                                  Prior to Permit                          Federal Register
                                  Issuance.                                Citation].
Section 299....................  Definitions and                11/16/12  3/19/2015 [        ...................
                                  Abbreviations.                           [Insert  Federal
                                                                           Register
                                                                           Citation].
 
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[FR Doc. 2015-06217 Filed 3-18-15; 8:45 am]
 BILLING CODE 6560-50-P