[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Proposed Rules]
[Pages 72406-72408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29369]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0666; FRL-9937-17-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Regulation To Limit Nitrogen Oxides Emissions 
From Large Non-Electric Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
District of Columbia Department of Energy and Environment (DOEE). This 
revision caps emissions of nitrogen oxides (NOX) from large 
non-electric generating units (non-EGUs) to meet the requirements of 
EPA's NOX SIP Call. This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before December 21, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0666 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2015-0666, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. 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 Docket ID No. EPA-R03-OAR-
2015-0666. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, 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 www.regulations.gov or email. 
The www.regulations.gov Web site is 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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 
www.regulations.gov index. 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 in www.regulations.gov or may be viewed 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 Energy and 
Environment, Air Quality Division, 1200 1st Street NE., 5th Floor, 
Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On June 19, 2015, DOEE submitted, as a 
revision to its SIP, a regulation to limit NOX emissions 
from the non-EGUs in the District that are subject to EPA's 
NOX SIP call.

I. Background

    On October 27, 1998 (63 FR 57356), EPA issued a finding that 
required 22 states and the District of Columbia to submit SIPs to 
address the regional transport of ground level ozone that was 
significantly contributing to nonattainment or interfering with 
maintenance for the 1-hour and 8-hour ozone NAAQS in downwind areas, 
known as the NOX SIP Call. The October 27, 1998 rulemaking 
action established a model trading rule under 40 CFR part 96 that 
states could adopt to comply with the reduction requirements of the 
NOX SIP Call, commonly referred to as the NOX 
Budget Trading Program (NBTP). The NBTP established under the 
NOX SIP Call applied to electric generating units (EGUs) 
greater than 25 megawatts electric (25 MWe) and non-EGUs (large 
industrial boilers and turbines) with a maximum rated heat input 
capacity greater than 250 million British thermal units per hour 
(mmbtu/hr). To comply with the NOX SIP Call, the District 
submitted a SIP revision that incorporated by reference the 40 CFR part 
96 model trading rule. On November 1, 2001 (66 FR 55099), the revision 
was approved into the District of Columbia SIP.
    On May 12, 2005 (70 FR 25162), EPA promulgated the Clean Air 
Interstate Rule (CAIR), which required 28 states and the District of 
Columbia to reduce NOX and sulfur dioxide (SO2) 
emissions that were significantly contributing to downwind 
nonattainment and interfering with maintenance of the 1997 8-hour ozone 
standard and the 1997 fine particulate matter (PM2.5) annual 
standard. The May 12, 2005 rulemaking established model trading rules 
for EGUs that states could adopt to comply with their reduction 
obligations under CAIR. The NOX SIP Call requirements 
continued to apply, and the CAIR model trading rules included a CAIR 
NOX ozone season trading program that was coordinated with 
the NOX SIP Call, replacing the NBTP as it applied to EGUs 
for those states that chose to participate in the CAIR trading program. 
In addition, as part of their CAIR SIP, states had the option of 
expanding the applicability provisions of the CAIR NOX ozone 
season trading program to include the non-EGUs that were trading under 
the NBTP. Thus, a state that elected to have non-EGUs participate in 
the CAIR NOX ozone season trading program would meet its 
NOX SIP Call obligations for both the EGUs and non-EGUs that 
were formerly trading under the NBTP through the CAIR trading program.
    On April 28, 2006 (71 FR 25328), EPA promulgated Federal 
implementation plans (FIPs) for all States covered by CAIR in order to 
ensure that the emission reductions required by CAIR were achieved on 
schedule. The CAIR FIPs, which applied only to EGUs, required 
participation in the CAIR trading programs. The CAIR FIP trading 
programs imposed essentially the same requirements as, and were 
integrated with, the respective CAIR SIP trading programs. Thus a state 
subject to the CAIR FIP would be meeting its NOX SIP

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Call requirements with respect to its EGUs. Upon approval of a SIP 
revision implementing CAIR, a state's CAIR FIP would be withdrawn.
    Subsequently, EPA discontinued the NBTP in 2008. The District of 
Columbia, however, did not submit a CAIR SIP. Therefore it became 
subject to the CAIR FIP in January 2009, and its NOX SIP 
Call reductions for EGUs that were trading in the NBTP were met by the 
CAIR NOX ozone season trading program under the FIP.\1\ 
However, because the CAIR FIP did not have an option for inclusion of 
non-EGUs as trading participants, the District was required to submit a 
SIP revision to demonstrate compliance with its NOX SIP Call 
state budget for non-EGUs, in accordance with 40 CFR part 51.121.
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    \1\ On January 1, 2015, the trading programs under the Cross-
State Air Pollution Rule (CSAPR) replaced the trading programs under 
CAIR. EPA had promulgated CSAPR to replace CAIR after the D.C. 
Circuit remanded CAIR to EPA in 2008. See North Carolina v. EPA, 550 
F.3d 1176 (D.C. Cir. 2008). See also 76 FR 48208 (August 8, 2011) 
(promulgating CSAPR). After litigation on the merits of CSAPR, EPA 
began implementing CSAPR in 2015. See EPA v. EME Homer City 
Generation, L.P., 134 S. Ct. 1584 (2014). See also 79 FR 71663 
(December 3, 2014) (interim final rulemaking adjusting CSAPR's 
implementation dates). CSAPR does not apply to the District of 
Columbia. The District has no EGUs meeting the applicability 
criteria under CSAPR since the only EGU in the District permanently 
shut down in 2012. With this shut down, the District therefore also 
no longer has any EGU obligations under the NOX SIP Call.
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II. Summary of SIP Revision

    On June 19, 2015, DOEE submitted a SIP revision that addresses 
NOX reductions from its non-EGUs to meet its obligations 
under the NOX SIP Call. The submission removes, from the 
District's SIP, regulation Title 20 DCMR Chapter 10--Nitrogen Oxides 
Emissions Budget Program. Sections 1000 through 1013 of 20 DCMR Chapter 
10 comprised the District's Ozone Transport Commission (OTC) 
NOX Budget Program, which preceded the NOX SIP 
Call trading program, and section 1014 incorporated by reference the 
NBTP. This submission replaces this regulation with revised Chapter 
10--Air Quality--Non-EGU Limits on Nitrogen Oxides Emissions. The 
revised Chapter 10 regulation establishes a 25 ton ozone season 
NOX emissions cap on applicable non-EGUs \2\ in the 
District, and allocates the cap to the non-EGUs located at the U.S. 
General Services Administration Central (GSA) Heating and Refrigeration 
Plant, with a reallocation required whenever a new non-EGU in the 
District becomes subject to the NOX SIP Call. The regulation 
also requires continuous emissions monitoring (CEMs) of NOX 
emissions, recordkeeping and reporting pursuant to 40 CFR part 75 to 
ensure compliance with the District's non-EGU emissions cap. The 
submission includes a revision to an associated definition and an 
abbreviation in the District's regulations to ensure consistency with 
NOX SIP Call requirements. The submission also removes the 
obsolete requirements in 20 DCMR Chapter 10 for the OTC NOX 
Budget Program because the program ended in 2003 upon the start of the 
EPA NBTP under the NOX SIP Call.
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    \2\ Applicable non-EGUs are the non-EGUs that were subject to 
the NOX SIP Call, including large industrial boilers and 
turbines with a maximum rated heat input capacity greater than 250 
mmbtu/hr.
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    Under section 110(l) of the CAA, EPA may not approve a revision of 
a plan if the revision would interfere with any applicable requirement 
concerning attainment and reasonable further progress or any other 
applicable requirement under section 110 of the CAA. EPA finds the 
proposed removal of the regulations for the discontinued OTC and 
NOX SIP Call trading programs from the District's SIP will 
not interfere with attainment or reasonable further progress of any 
NAAQS nor interfere with any other applicable CAA requirement. First, 
the revision to the SIP merely removes outdated provisions from the SIP 
(i.e., the NBTP and OTC program) which are no longer effective. Second, 
the District's emissions budget under the NOX SIP Call was 
more stringent than the budget under the OTC NOX Budget 
Program thus providing for greater NOX reductions and 
protection of the NAAQS so removal of the OTC program has no effect on 
the NAAQS. Likewise, the CAIR NOX Ozone Season trading 
program budget was designed to replace the NBTP for EGUs and was more 
stringent than the NOX SIP Call budget, thus providing 
greater NOX reductions and protection of the NAAQS than the 
NBTP. As the District no longer has any EGUs subject to the 
NOX SIP Call nor to CSAPR which replaced CAIR, removal of 
the NBTP from the SIP has no effect on NOX emissions in the 
District. Finally, approval of this proposed SIP revision will maintain 
the NOX emission reduction requirements of the 
NOX SIP Call for the District's non-EGUs and allow the 
District to meet its remaining NOX SIP Call emissions 
budget. As the District no longer has any EGUs, the District has no 
further obligations under CSAPR, CAIR or the NOX SIP Call 
regarding EGUs. Therefore, removal of the previous trading programs 
from the District's SIP does not interfere with attainment or 
reasonable further progress on any NAAQS nor interfere with any 
applicable requirement under section 110 of the CAA.

III. Proposed Action

    EPA's review of this material indicates that the submittal is 
adequate to address the emission reduction requirements of the non-EGUs 
under the NOX SIP Call and is in accordance with 
requirements in CAA section 110 and its implementing regulations. EPA 
is proposing to approve the District of Columbia SIP revision, 
submitted on June 19, 2015, that establishes a 25 ton ozone season 
NOX emissions cap for non-EGUs in the District. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

IV. Incorporation by Reference

    In this proposed rulemaking action, EPA is proposing to include in 
a final EPA rule, regulatory text that includes incorporation by 
reference. In accordance with the requirements of 1 CFR 51.5, EPA is 
proposing to incorporate by reference revised District of Columbia 
regulation Title 20 DCMR, Environment, Chapter 10--Air Quality--Non-EGU 
Limits on Nitrogen Oxides Emissions, and the revised definition of 
``Fossil fuel-fired'' in Chapter 1, General Rules. The EPA has made, 
and will continue to make, these documents generally available 
electronically through www.regulations.gov and/or may be viewed at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

V. Statutory and Executive Order Reviews

    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 proposed 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.);

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     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 action proposing approval of the District of 
Columbia regulation to limit NOX emissions from non-EGUs 
subject to the NOX SIP Call and approval of a related 
definition and abbreviation, 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.

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

    Dated: November 6, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2015-29369 Filed 11-18-15; 8:45 am]
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