[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Proposed Rules]
[Pages 24617-24621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10910]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0267; FRL-9962-74-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Regional Haze Five-Year Progress Report State 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a revision to the District of Columbia State Implementation 
Plan (SIP) submitted by the District of Columbia (the District) through 
the District of Columbia Department of Energy and Environment (DOEE). 
The District's SIP revision addresses requirements of the Clean Air Act 
(CAA) and EPA's rules that require states to submit periodic reports 
describing progress towards reasonable progress goals (RPGs) 
established for regional haze and a determination of the adequacy of 
the state's existing SIP addressing regional haze (regional haze SIP). 
EPA is proposing approval of the District's SIP revision because EPA 
has determined that it satisfactorily addresses the progress report and 
adequacy determination requirements for the first implementation period 
for regional haze. This action is being taken under the CAA.

DATES: Written comments must be received on or before June 29, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0267 at https://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 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On March 2, 2016, the District submitted, as 
a SIP revision (progress report SIP), a report on progress made for 
visibility improvement in the first implementation period. This 
progress report SIP included a determination that the existing regional 
haze SIP requires no substantive revision to achieve the established 
regional haze visibility improvement and emissions reduction goals.

I. Background

    States are required to submit, in the form of a SIP revision, a 
progress report that evaluates progress towards the RPGs for each 
mandatory Class I federal area within the state and in each mandatory 
Class I federal area outside the state which may be affected by 
emissions from within the state. See 40 CFR 51.308(g). States are also 
required to submit, at the same time as the progress report, a 
determination of the adequacy of the state's existing regional haze 
SIP. See 40 CFR 51.308(h). The progress report SIP is due five years 
after submittal of the initial regional haze SIP. On October 27, 2011, 
DOEE submitted its first regional haze SIP in accordance with the 
requirements of 40 CFR 51.308. On February 2, 2012 (77 FR 5191), EPA 
approved the District's first regional haze SIP. The District submitted 
its first progress report SIP on March 2, 2016 prior to the October 27, 
2016 due date.

II. Requirements for the Regional Haze Progress Report SIPs and 
Adequacy Determinations

    Under 40 CFR 51.308(g), states must submit a regional haze progress 
report as a SIP revision that addresses, at a minimum, the seven 
elements found in 40 CFR 51.308(g). As described in further detail in 
section III of this rulemaking action, to meet the progress report 
requirement, 40 CFR 51.308(g) requires: (1) A description of the status 
of measures in the approved regional haze SIP; (2) a summary of 
emissions reductions achieved; (3) an assessment of visibility 
conditions for each Class I area in the state; (4) an analysis of 
changes in emissions from sources and activities within the state; (5) 
an assessment of any significant changes in anthropogenic emissions 
within or outside the state that have limited or impeded progress in 
Class I areas impacted by the state's sources; (6) an assessment of the 
sufficiency of the approved regional haze SIP; and (7) a review of the 
state's visibility monitoring strategy.
    Under 40 CFR 51.308(h), states are required to submit, at the same 
time as the progress report SIP, a determination of the adequacy of 
their existing regional haze SIP and to take one of four possible 
actions based on information in the progress report. As described in 
further detail in section III of this rulemaking action, to meet the 
adequacy determination requirement, 40 CFR 51.308(h) requires states to 
either: (1) Submit a negative declaration to EPA that no further 
substantive revision to the state's existing regional haze SIP is 
needed; (2) provide notification to EPA (and other state(s) that 
participated in the regional planning process) if the state determines 
that its existing regional haze SIP is or may be inadequate to ensure 
reasonable progress at one or more Class I areas due to emissions from 
sources in other state(s) that participated in the regional planning 
process, and collaborate with these other state(s) to develop 
additional strategies to address deficiencies; (3) provide notification 
with supporting information to EPA if the state determines that its 
existing regional haze SIP is or may be inadequate to ensure reasonable 
progress at one or

[[Page 24618]]

more Class I areas due to emissions from sources in another country; or 
(4) revise its regional haze SIP to address deficiencies within one 
year if the state determines that its existing regional haze SIP is or 
may be inadequate to ensure reasonable progress in one or more Class I 
areas due to emissions from sources within the state.

III. The District's Regional Haze Progress Report and Adequacy 
Determination and EPA's Analysis

A. Regional Haze Progress Report SIPs

    This section summarizes each of the seven elements that must be 
addressed by the progress report under the provisions of 40 CFR 
51.308(g); how the District's progress report SIP addressed each 
element; and EPA's analysis and proposed determination as to whether 
the District satisfied each element.
    The provisions under 40 CFR 51.308(g)(1) require a description of 
the status of implementation of all measures included in the regional 
haze SIP for achieving RPGs for Class I areas both within and outside 
the state. The District evaluated the status of all measures included 
in its 2011 regional haze SIP in accordance with the requirements under 
40 CFR 51.308(g)(1). The measures included applicable federal programs 
(e.g., mobile source rules, maximum achievable control technology 
(MACT) standards, and federal and state control strategies for electric 
generating units (EGUs) such as the Clean Air Interstate Rule (CAIR), 
Cross State Air Pollution Rule (CSAPR), and state regulations for 
EGUs). The District's summary includes a discussion of the benefits 
associated with each measure and quantifies those benefits wherever 
possible. The progress report SIP also discusses the status and 
implementation of the best available retrofit technology (BART) 
determinations. The District's 2011 regional haze SIP submittal 
addressed its two BART eligible units at one facility through a permit 
condition requiring the shut down of each unit by December 17, 2012. 
The District's progress report SIP confirms that these units have been 
shutdown.\1\ Finally, the District's progress report SIP discusses 
implementation of additional regulations and requirements developed 
after the original regional haze SIP was prepared. Some of these 
regulations and requirements include the District's low sulfur fuel oil 
regulations and additional air toxics and hazardous air pollution 
regulations which became applicable after the District's regional haze 
SIP was submitted.
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    \1\ In summary, the District had no BART subject sources because 
its only BART eligible units received a permit to shut down and 
subsequently did in fact permanently retire.
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    EPA proposes to find that the District's analysis adequately 
addresses the provisions under 40 CFR 51.308(g)(1). In the regional 
haze SIP, the District documents the implementation status of measures 
from its regional haze SIP and describes additional measures that came 
into effect since the District's regional haze SIP was completed, 
including new regulations and various federal measures. EPA proposes to 
conclude that the District has adequately addressed the status of 
control measures in its regional haze SIP, as required by the 
provisions under 40 CFR 51.308(g)(1), by discussing the status of key 
measures that were relied upon in the first implementation period.
    The provisions under 40 CFR 51.308(g)(2) require the state to 
provide a summary of the emissions reductions achieved in the state 
through the measures subject to the requirements under 40 CFR 
51.308(g)(1). The district provided an assessment of the following 
visibility impairing pollutants: sulfur dioxide (SO2), 
nitrogen oxides (NOX), fine particulate matter 
(PM2.5), coarse particulate matter (PM10), 
volatile organic compounds (VOC), and ammonia (NH3). The 
Mid-Atlantic/Northeast Visibility Union (MANE-VU), the regional 
planning organization (RPO) of which the District is a member, had 
determined for the initial round of regional haze SIPs that the largest 
contributor to visibility impairment in the Mid-Atlantic and 
Northeastern states is SO2. Therefore, the District provided 
additional information on SO2 emissions from stationary 
sources. Overall, the District states that emissions of visibility 
impairing pollutants have decreased significantly. Emissions for all of 
the analyzed visibility impairing pollutants provided for year 2011 
(the last year for which a comprehensive national emissions inventory 
(NEI) is available) demonstrate large decreases from the District's 
baseline emissions in 2002. In addition to the 2002 and 2011 emissions 
data which is presented in Table 1, stationary source SO2 
emissions are also presented in Table 2 for the same years. Overall, 
the District demonstrated emissions reductions in visibility impairing 
pollutants from the 2002 baseline emissions to the 2011 NEI emissions 
for the same pollutants (see Table 1 below); the District also 
demonstrated emissions reductions of SO2 emissions from 
stationary sources (see Table 2 below); therefore, EPA proposes to 
conclude that the District has adequately addressed the requirements 
under 40 CFR 51.308(g)(2) with its summary of large emissions 
reductions of visibility imparing pollutants.

                      Table 1--Pollutant Emissions
                             [Tons per year]
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                                      2002 emissions     2011 emissions
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SO2...............................              2,946              1,829
PM10..............................              6,986              3,410
PM2.5.............................              1,613              1,361
NOX...............................             14,897              9,418
VOC...............................             13,469              9,195
NH3...............................                418                330
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[[Page 24619]]


                   Table 2--Point Source SO2 Emissions
                             [Tons per year]
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           2002 emissions                       2011 emissions
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                       963                                  788
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    The provisions under 40 CFR 51.308(g)(3) require that states with 
Class I areas provide the following information for the most impaired 
and least impaired days for each area, with values expressed in terms 
of five-year averages of these annual values: \2\ (1) Current 
visibility conditions; (2) the difference between current visibility 
conditions and baseline visibility conditions; and (3) the change in 
visibility impairment over the past five years. The District does not 
have any Class I areas; therefore, no visibility data is required to be 
analyzed for this element.
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    \2\ The ``most impaired days'' and ``least impaired days'' in 
the regional haze rule refers to the average visibility impairment 
(measured in deciviews) for the twenty percent of monitored days in 
a calendar year with the highest and lowest amount of visibility 
impairment, respectively, averaged over a five-year period. 40 CFR 
51.301.
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    The provisions under 40 CFR 51.308(g)(4) require an analysis 
tracking emissions changes of visibility-impairing pollutants from the 
state's sources by type or category over the past five years based on 
the most recent updated emissions inventory. In its progress report 
SIP, the District presents emissions inventories for 2002, 2008, and 
2011, as well as projected inventories for 2018, in accordance with the 
requirements of 40 CFR 51.308(g)(4). The pollutants inventoried include 
VOCs, NOX, PM2.5, PM10, 
NH3, and SO2. The emissions inventories include 
the following source classifications: Stationary point and area 
sources, off-road and on-road mobile sources. The inventories that are 
compared for the five year span are 2008 to 2011. Although this time 
period does not encompass five years, the 2008 and 2011 inventories 
were the only comprehensive inventories available at the time the 
District prepared its progress report SIP revision. Table 3 presents 
the 2008, 2011, and projected 2018 emissions data. Comparison of 2008 
and 2011 data shows decreases in all of the visiblitity imparing 
pollutants except for SO2. But comparison of 2008, 2011, and 
projected 2018 data shows that there is an overall downward trend in 
SO2 emissions. Additionally, the SO2 emisions 
from point sources within the District have decreased since the 2002 
base year. Table 4 presents the point source SO2 emissions 
showing an overall downward trend in emissions since 2002.

                                          Table 3--Pollutant Emissions
                                                 [Tons per year]
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                                                           2008 emissions     2011 emissions     2018 emissions
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SO2....................................................              1,273              1,829                769
PM10...................................................              5,211              3,410              1,999
PM2.5..................................................              1,694              1,361                508
NOX....................................................             13,205              9,418              6,491
VOC....................................................             11,815              9,195              8,247
NH3....................................................                354                330                475
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                                       Table 4--Point Source SO2 Emissions
                                                 [Tons per year]
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       2002 emissions               2008 emissions              2011 emissions              2018 emissions
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                   963                          343                         788                         564
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    EPA proposes to conclude that the District has adequately addressed 
the requirements under 40 CFR 51.308(g)(4). While, ideally, the five-
year period to be analyzed for emissions inventory changes is the five-
year time period between submittal of the current regional haze SIP and 
the progress report, availability of quality-assured data may not 
always correspond with this period. Therefore, EPA believes that there 
is some flexibility in the five-year time period states can select for 
tracking emissions changes to meet this requirement where more recent 
data is not available. EPA believes that the District presented an 
adequate analysis tracking emissions trends for the key visibility 
impairing pollutant, SO2, since 2008 to reflect trends over 
an approximate five year period (from when initial regional haze SIPs 
were due to EPA under the CAA in 2007) using the emissions data 
available to the District. Even though there is an increase in 
SO2 emissions between 2008 and 2011 within the District, 
these emissions are largely due to an increased combustion of fuel oil 
in the District. However, the SO2 emissions are projected to 
decrease even further by 2018 as compared to the baseline 2002 
emissions, as the District has implemented regulations to lower the 
sulfur content of fuel oil combusted in the District.\3\ EPA notes that 
with the closure of the District's only EGUs at Pepco's Benning Road, 
the District did not have access to further SO2 or 
NOX emissions data from EPA's Clean Air Markets Division 
which could have supplemented inventory analysis. EPA proposes to find 
that the District provided sufficient information to support the 
representativeness of the five-year period it evaluated. EPA proposes 
to find that the District has adequately addressed the provisions under 
40 CFR 51.308(g)(4) tracking emissions changes of visibility-impairing 
pollutants from the state's sources by type or category over five 
years.
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    \3\ The District submitted its lower sulfur fuel oil regulations 
to EPA as a SIP revision on January 20, 2016. Because these 
regulations are already effective within the District, EPA expects 
SO2 emissions from combustion of fuel oil to decrease by 
2018.
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    The provisions under 40 CFR 51.308(g)(5) require an assessment of 
any significant changes in anthropogenic emissions within or outside 
the state that have occurred over the past five years that have limited 
or impeded progress in reducing pollutant

[[Page 24620]]

emissions and improving visibility in Class I areas impacted by the 
state's sources. The District's sources do not impact any Class I areas 
as was stated in the District's first regional haze SIP revision, which 
EPA approved on February 2, 2012 (77 FR 5191).\4\ In addition, the 
District does not have any Class I areas. Emissions reductions are 
discussed in EPA's analysis of the District's submittal to meet the 
provisions of 40 CFR 51.308(g)(4). Because the District demonstrated 
that there are no significant changes in emissions of visibility 
impairing pollutants that would impede visibility improvement in Class 
I areas and demonstrated emissions decreases in key visibility 
impairing polltuants by 2018 and because no Class I areas are impacted 
by emissions from within the District, EPA proposes to find that the 
District has adequately addressed the provisions under 40 CFR 
51.308(g)(5).
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    \4\ EPA notes that no state identified sources within the 
District as contributing to visibility impairment in Class I areas 
within their borders. See 77 FR 5191.
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    The provisions under 40 CFR 51.308(g)(6) require an assessment of 
whether the current regional haze SIP is sufficient to enable the 
state, or other states, to meet the RPGs for Class I areas affected by 
emissions from the state. The District does not contain any Class I 
areas, and emissions from the District were found to not impact any 
Class I areas.\5\ As discussed previously, emissions of all visibility 
impairing pollutants have decreased since 2002. As discussed in the 
District's progress report SIP, further reductions in visibility 
impairing pollutants, including SO2 which is the primary 
contributor to visbility impairment in the Mid-Atlantic and Northeast 
states, are expected by the District from implementation of further 
pollution reducing measures affecting mobile sources and stationary 
sources including MACT standards and mobile source regulations. 
Although there are slight increases in NH3, there is an 
overall downward trend when looking at all visibility impairing 
pollutants, especially SO2, which was determined to be the 
primary contributor to visibility impairment in the District's first 
regional haze SIP. Therefore, EPA proposes to conclude that the 
District has addressed 40 CFR 51.308(g)(6) because its current regional 
haze SIP is sufficient to enable other nearby states to meet their 
RPGs, particularly as the District was not identified as contributing 
to any impairment in such Class I areas.
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    \5\ The District's progress report SIP did provide data for the 
Brigantine federal Class I area in New Jersey which showed 
Brigantine is on track to meet or exceed its RPGs by 2018. However, 
emissions from the District were not identified as contributing to 
visibility impairment in Brigantine and such information from the 
District was provided for illustrative purposes.
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    The provisions under 40 CFR 51.308(g)(7) require a review of a 
state's visibility monitoring strategy for visibility impairing 
pollutants and an assessment of whether any modifications to the 
monitoring strategy are necessary. The District does not contain any 
Class I areas. In its progress report SIP, the District states that 
there are no Class I areas within its boundaries, and therefore it is 
not required to fulfill this provision. EPA proposes to conclude that 
the District is exempt from addressing the requirements of 40 CFR 
51.308(g)(7), as that requirement is solely for states with Class I 
areas in their borders.

B. Determination of Adequacy of Existing Regional Haze Plan

    Under 40 CFR 51.308(h), states are required to take one of four 
possible actions based on the information gathered and conclusions made 
in the progress report SIP. The following section summarizes: The 
action taken by the District under 40 CFR 51.308(h); the District's 
rationale for the selected action; and EPA's analysis and proposed 
determination regarding the District's action.
    In its progress report SIP, the District submitted a negative 
declaration that it had determined that the existing regional haze SIP 
requires no further substantive revision to achieve the RPGs for Class 
I areas (as the District does not have any Class I areas nor does it 
impact any Class I areas). The basis for the District's negative 
declaration is the findings from the progress report (as discussed in 
section III of this rulemaking action), including the findings that: 
SO2 emissions from sources within the District have 
decreased; SO2 emissions have been identified as the primary 
contributor to visbility impairment in the Mid-Atlantic and Northeast 
states; emissions of other visibility impairing pollutants (including 
NOX, VOC, PM10, PM2.5) demonstrate a 
decreasing trend; and additional control measures not relied upon in 
the District's regional haze SIP, which are expected to yield further 
reduction in emissions of visibility impairing pollutants, have been 
and are being implemented.\6\
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    \6\ EPA notes that in reviewing progress report SIP submissions 
from other states, including Delaware, West Virginia and Virginia, 
the Agency has found that Class I areas in the Mid-Atlantic and 
Northeast region are on track to reach RPGs for the first 
implementation period, which ends in 2018. See 79 FR 25506 (May 5, 
2014) (approval of Delaware's progress report SIP); 79 FR 25019 (May 
2, 2014) (approval of Virginia's progress report SIP); and 80 FR 
32019 (June 5, 2015) (approval of West Virginia's progress report 
SIP).
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    Thus, EPA proposes to conclude that the District adequately 
addressed the requirements of 40 CFR 51.308(h), because decreasing 
emissions of visibility impairing pollutants, lack of Class I area 
impact from pollution sources within the District, and progress of 
regional Class I areas near the District towards RPGs for 2018 indicate 
that no further revisions to the District's SIP are necessary for this 
first regional haze implementation period. EPA solicits comments on 
this proposal.

IV. EPA's Proposed Action

    EPA is proposing to approve the District's regional haze five-year 
progress report SIP revision, submitted on March 2, 2016, as meeting 
the applicable regional haze requirements set forth in 40 CFR 51.308(g) 
and 51.308(h).

V. Incorporation by Reference

    In this proposed rulemaking, EPA is proposing to include in a final 
EPA rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference the District of Columbia's progress report 
SIP. EPA has made, and will continue to make, these materials generally 
available through http://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).

VI. 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 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

[[Page 24621]]

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 proposed rule, which proposes approval of the 
District's progress report SIP, 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, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: May 5, 2017.
Cecil Rodrigues,
Regional Administrator, Region III.
[FR Doc. 2017-10910 Filed 5-26-17; 8:45 am]
 BILLING CODE 6560-50-P