[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8656-8658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03489]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0666; FRL-9942-59-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the District of 
Columbia. The 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. EPA is 
approving this revision to cap emissions of NOX from non-
EGUs in accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on March 23, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0666. 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 through 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 District 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:

I. Background

    On November 19, 2015 (80 FR 72406), EPA published a notice of 
proposed rulemaking (NPR) for the District of Columbia. In the NPR, EPA 
proposed approval of the District's regulation to cap NOX 
emissions from large non-EGUs to meet the requirements of EPA's 
NOX SIP Call. The formal SIP revision was submitted by the 
District of Columbia on June 19, 2015.

II. Summary of SIP Revision

    On June 19, 2015, the District Department of the Environment (DOEE) 
submitted a SIP revision that addresses NOX reductions from 
its non-EGUs to meet its obligations under the NOX SIP Call. 
The submission also 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

[[Page 8657]]

section 1014 of 20 DCMR Chapter 10 incorporated by reference the 
trading program established under the NOX SIP Call. Both the 
OTC and the NOX SIP Call trading programs have been 
discontinued, and the NOX SIP Call requirements for electric 
generating units (EGUs) are now being met under other trading 
programs.\1\ The June 19, 2015 submission removes the existing Chapter 
10 from the District's SIP, and replaces it with a new Chapter 10. The 
new Chapter 10, entitled Air Quality--Non-EGU Limits on Nitrogen Oxides 
Emissions, establishes an ozone season NOX emissions cap of 
25 tons on applicable non-EGUs in the District, and allocates the cap 
to the non-EGUs located at the U.S. General Services Administration 
Central Heating and Refrigeration Plant, with a reallocation required 
whenever a new non-EGU in the District becomes subject to the 
NOX SIP Call.\2\ The regulation also requires continuous 
emissions monitoring of NOX emissions, recordkeeping and 
reporting pursuant to 40 CFR part 75 to ensure compliance with the 
District's non-EGU emissions cap.
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    \1\ There are presently no EGUs in the District.
    \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 
million British thermal units per hour (mmBtu/hr).
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    Other specific requirements of the District's SIP submittal and the 
rationale for EPA's proposed action 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 the District of Columbia's June 19, 2015 
submittal, which establishes an ozone season NOX limit of 25 
tons for non-EGUs, as a revision to the District's SIP. The submission 
removes, from the District's SIP, regulation Title 20 DCMR Chapter 10--
Nitrogen Oxides Emissions Budget Program, and replaces it with new 
Chapter 10--Non-EGU Limits on Nitrogen Oxides Emissions.

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 incorporation by 
reference of 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

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 rulemaking action 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 April 22, 2016. 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 approving the District of Columbia SIP submittal to cap 
NOX emissions from large non-EGUs 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: February 4, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

    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:


[[Page 8658]]


    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:
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a. Revising the entry for ``Section 199.''
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b. Removing ``Chapter 10 Nitrogen Oxides Emissions Budget Program 
(Sections 1000-1099).''
0
c. Adding a new Chapter 10 entitled ``Air Quality--Non-EGU Limits on 
Nitrogen Oxides Emissions.''
    The revision and addition 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
          State citation                Title/Subject      effective date             EPA Approval date                    Additional 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              03/08/15  02/22/16, [insert Federal Register      Amended definition of ``Fossil fuel-
                                     Abbreviations.                         citation].                              fired''
 
                                                                      * * * * * * *
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                                           Chapter 10 Air Quality--Non-EGU Limits on Nitrogen Oxides Emissions
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Section 1000......................  Applicability........        03/08/15  02/22/16, [insert Federal Register
                                                                            citation].
Section 1001......................  NOX Emissions Budget         03/08/15  02/22/16, [insert Federal Register
                                     and NOX Limit Per                      citation].
                                     Source.
Section 1002......................  Emissions Monitoring.        03/08/15  02/22/16, [insert Federal Register
                                                                            citation].
Section 1003......................  Record-Keeping and           03/08/15  02/22/16, [insert Federal Register
                                     Reporting.                             citation].
Section 1004......................  Excess Emissions.....        03/08/15  02/22/16, [insert Federal Register
                                                                            citation].
 
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[FR Doc. 2016-03489 Filed 2-19-16; 8:45 am]
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