[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Rules and Regulations]
[Pages 70020-70023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24372]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0199; FRL-9953-74-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Revision of Regulations for Sulfur Content of 
Fuel Oil

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the District of Columbia state 
implementation plan (SIP). The revision pertains to the update of the 
District of Columbia Municipal Regulations (DCMR) to lower the sulfur 
content of fuel oil. This action is being taken under the Clean Air Act 
(CAA).

DATES: This rule is effective on December 12, 2016 without further 
notice, unless EPA receives adverse written comment by November 10, 
2016. 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 Docket ID No. EPA-R03-
OAR-2016-0199 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission

[[Page 70021]]

methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On January 20, 2016, the District of 
Columbia (the District) through the District of Columbia Department of 
Energy and Environment submitted a revision to the District's SIP. The 
SIP revision consists of revisions to the DCMR for sulfur content of 
fuel oil which is used for combustion. The revisions to the DCMR reduce 
the sulfur content of fuel oil that can be combusted within the 
District and prohibit the combustion of certain higher sulfur content 
fuel oils.

I. Background

    The combustion of fuel oil which contains sulfur leads to emissions 
of fine particulate matter (PM2.5) and sulfur dioxide 
(SO2), which is a precursor to PM2.5. In 
addition, SO2 oxidizes to form sulfates, which are one of 
the largest contributors to the formation of regional haze. Sulfates 
cause visibility impairment, also known as regional haze, by the 
scattering and absorption of sunlight by fine particles. Visibility 
impairment reduces the clarity, color, and visible distance that one 
can see. The District asserts these regulations will decrease 
SO2 emissions in the District from certain fuel combustion 
sources and therefore strengthen the District's SIP. The reduction to 
SO2 emissions helps the District to maintain the national 
ambient air quality standards (NAAQS) for SO2 and 
PM2.5. Additional SO2 emission reductions and 
subsequent reductions in sulfates from District sources combusting 
lower sulfur fuel will assist the District in achieving further 
reasonable progress towards reducing regional haze. Under section 169A 
of the CAA, it is a national goal to remedy and prevent regional haze 
in any Class I areas.\1\ Section 169A requires states which contain 
Class I areas and states from which emissions may reasonably be 
anticipated to cause or contribute to visibility impairment in Class I 
areas to submit SIP revisions to make reasonable progress toward 
meeting the national goal (``regional haze SIPs''). The District's 
regional haze program to address visibility impairment requirements in 
Class I areas was fully approved into the District's SIP by EPA on 
February 2, 2012. See 77 FR 5191.\2\ The District has submitted revised 
regulations for SIP approval to implement its low sulfur fuel oil 
program.
---------------------------------------------------------------------------

    \1\ Class I areas are areas of national parks, wilderness areas 
or other areas of national importance that have visibility 
protection requirements.
    \2\ The District's regional haze SIP addressing the planning 
period from 2008 to 2018 is consistent with EPA's requirements in 40 
CFR 51.308 and 51.309. The SIP addressed contribution to visibility 
impairment related to emissions of PM2.5 and its 
precursors, and included measures to address emissions that would 
interfere with reasonable progress goals of neighboring states set 
to protect Class I areas. During the development of the first round 
of regional haze SIPs, the regional planning organization for the 
Northeastern and Mid-Atlantic states, Mid-atlantic/Northeast 
Visibility Union (MANE-VU), established a strategy for these states 
to meet the requirements of reasonable progress goals by 
implementing certain measures, including pursuing a low sulfur fuel 
oil strategy to reduce sulfur content in fuels by 2018.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    The SIP revision consists of revisions to the DCMR Chapters 1, 5, 
and 8 of Title 20. These revisions to the DCMR reduce the allowable 
sulfur content of fuel oils that are used in oil-burning combustion 
units in the District. These revisions require that the sulfur content 
of number 2 (No. 2) fuel oil be no greater than 500 parts per million 
(ppm); the sulfur content of No. 4 fuel oil be no greater than 2,500 
ppm; and prohibit the use of No. 5 and heavier fuel oils in the 
District. Additionally, beginning July 1, 2018, the sulfur content of 
No. 2 fuel can be no greater than 15 ppm. Any fuel oil stored by the 
ultimate consumer in the District prior to the applicable compliance 
date may be used after the applicable compliance date. The revisions 
also include changes to reporting and recordkeeping requirements 
related to the use and storage of the aforementioned fuel oils. 
Definitions for terminology which relate to reporting and recordkeeping 
requirements were added.
    The updates to Chapter 1 include amendments to the definitions of 
American Standards of Testing Materials (ASTM) and distillate oil. The 
revision to Chapter 5 includes updates to the sampling and testing 
practices for fuel oils. The amended Chapter 5 regulations require the 
use of various ASTM methods for the sampling of petroleum; an ASTM 
standard for the determination of fuel oil grade; and various ASTM 
methods for the determination of sulfur content in fuel oil. Chapter 8 
includes the revised sulfur content for No. 2 and No. 4 fuel oils and 
prohibits combustion of No. 5 and heavier fuel oils in the District. 
Chapter 8 also includes the aforementioned compliance provision and 
definitions related to reporting and recordkeeping requirements.\3\
---------------------------------------------------------------------------

    \3\ Chapter 8 also includes provisions allowing waiver of fuel 
oil limits when EPA has granted fuel waivers. Chapter 8 also 
addresses fuel oil sulfur limits when a person, owner, or operator 
of a stationary source employs equipment or a process to reduce 
sulfur emissions from burning fuel oil.
---------------------------------------------------------------------------

    By reducing the sulfur in fuel oils, sulfur oxide emissions and 
PM2.5 emissions will be reduced, which will improve 
visibility while also helping the District to maintain the NAAQS for 
SO2 and PM2.5. EPA believes these regulations 
strengthen the District's SIP. EPA notes that existing provisions and 
the adoption of a low sulfur fuel oil program in the District will lead 
to SO2 emission reductions and provide additional 
SO2 and PM2.5 emission reductions from the 
District to achieve further reasonable progress towards reducing 
regional haze in Class I areas which may be impacted by emissions from 
the District.

III. Final Action

    EPA is approving revisions to the DCMR Chapters 1, 5, and 8 of 
Title 20 as meeting the requirements of the CAA in section 110 with 
limits on sulfur content in fuels to be combusted within the District. 
EPA is approving the amendments to the District's regulations for fuel 
oil sulfur limits for combustion units. EPA is publishing this rule 
without prior proposal because EPA 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 December 12, 2016 without further notice unless EPA 
receives adverse comment by November 10, 2016. 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. 
Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

[[Page 70022]]

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the DCMR 
Chapters 1, 5, and 8 of Title 20. Therefore, these materials have been 
approved by EPA for inclusion in the SIP, have been incorporated by 
reference by EPA into that plan, are fully Federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update of the SIP 
compilation.\4\ EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region III Office (please contact the person identified in the 
``For Further Information Contact'' section of this preamble for more 
information).
---------------------------------------------------------------------------

    \4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 (Public Law 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 December 12, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action. This action which proposes to approve revisions to 
the District of Columbia's regulations to lower the sulfur content of 
fuel oil 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: September 23, 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:

    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 revising 
the entries ``Section 199'', ``Sections 502.1 through 502.15'', 
``Section 801'', and ``Section 899'' to read as follows:


Sec.  52.470   Identification of plan.

* * * * *
    (c) * * *

[[Page 70023]]



                      EPA-Approved Regulations and Statutes in the District of Columbia SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
----------------------------------------------------------------------------------------------------------------
                                                Chapter 1 General
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 199......................  Definitions and          08/16/15  10/11/16, [Insert     Added two new
                                    Abbreviations.                     Federal Register      definitions.
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Chapter 5 Source Monitoring and Testing
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sections 502.1 through 502.15....  Sampling, Tests, and     08/16/15  10/11/16, [Insert     Updates to sampling
                                    Measurements.                      Federal Register      and testing
                                                                       citation].            practices for fuel
                                                                                             oils. Exceptions:
                                                                                             Paragraphs 502.11,
                                                                                             502.12 and 502.14
                                                                                             are not part of the
                                                                                             SIP.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Chapter 8 Asbestos, Sulfur and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section 801......................  Sulfur Content of        08/16/15  10/11/16, [Insert     Updates to the
                                    Fuel Oils.                         Federal Register      sulfur content of
                                                                       citation].            No. 2 and No.4 fuel
                                                                                             oils and the
                                                                                             prohibition of the
                                                                                             use of No. 5 fuel
                                                                                             oil.
 
                                                  * * * * * * *
Section 899......................  Definitions and          08/16/15  10/11/16, [Insert     Addition of new
                                    Abbreviations.                     Federal Register      definitions that
                                                                       citation].            relate to the
                                                                                             handling and
                                                                                             storage of fuel
                                                                                             oil.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-24372 Filed 10-7-16; 8:45 am]
 BILLING CODE 6560-50-P