[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Proposed Rules]
[Pages 7858-7861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03941]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0371; FRL-9990-37-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Administrative Corrections and Emissions 
Statements Certification for the 2008 Ozone National Ambient Air 
Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve two state implementation plan (SIP) revisions submitted by the 
District of Columbia (the District). Under the Clean Air Act (CAA), 
states' SIPs must require stationary sources in ozone nonattainment 
areas classified as marginal or above to report annual emissions of 
nitrogen oxides (NOX) and volatile organic compounds (VOC). 
This emissions statement requirement also applies to stationary sources 
located in attainment areas within the Ozone Transport Region (OTR) 
that emit or have the potential to emit at least 50 tons per year (tpy) 
of VOC or 100 tpy of NOX. The District formally submitted as 
a SIP revision, a statement certifying that the District's existing 
SIP-approved emissions statements program satisfies these CAA 
requirements for the 2008 ozone National Ambient Air Quality Standards 
(NAAQS). Upon review of the District's submittal, EPA noted minor 
discrepancies between the District's SIP-approved provisions, including 
the provision containing the District's emissions statements 
requirements, and the current edition of the District of Columbia 
Municipal Regulations (DCMR) referenced in the District's submittal. 
Therefore, to correct these minor discrepancies and update the 
District's SIP, the District also formally submitted a revised edition 
of the sections of the DCMR which address the discrepancies. EPA is 
proposing to approve the District's SIP with the current edition of 
these SIP-approved provisions. EPA is also proposing to approve the 
District's emissions statements program certification for the 2008 
ozone NAAQS. EPA is proposing to approve these SIP revisions in 
accordance with the requirements of the CAA.

DATES: Written comments must be received on or before April 4, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0371 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 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: Sara Calcinore, (215) 814-2043, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Under the CAA, EPA establishes NAAQS for criteria pollutants in 
order to protect human health and the environment. In response to 
scientific evidence linking ozone exposure to adverse health effects, 
EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm) 
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA 
requires EPA to review and reevaluate the NAAQS every 5 years in order 
to consider updated information regarding the effects of the criteria 
pollutants on human health and the environment. On July 18, 1997, EPA 
promulgated a revised ozone NAAQS, referred to as the 1997 ozone NAAQS, 
of 0.08 ppm averaged over eight hours. 62 FR 38855. This 8-hour ozone 
NAAQS was determined to be more protective of public health than the 
previous 1979 1-hour ozone NAAQS. In 2008, EPA strengthened the 8-hour 
ozone NAAQS from 0.08 to 0.075 ppm. The 0.075 ppm standard is referred 
to as the 2008 ozone NAAQS. See 73 FR 16436 (March 27, 2008).
    On May 21, 2012 and June 11, 2012, EPA designated nonattainment 
areas for the 2008 ozone NAAQS. 77 FR 30088 and 77 FR 34221. Effective 
July 20, 2012, the Washington, DC-MD-VA area was designated as marginal 
nonattainment for the 2008 ozone NAAQS. The Washington, DC-MD-VA 
marginal nonattainment area includes the District of Columbia. See 40 
CFR 81.309.
    Section 182 of the CAA identifies additional plan submissions and 
requirements for ozone nonattainment areas. Specifically, section 
182(a)(3)(B) of the CAA requires that states develop and submit, as a 
revision to their SIP, rules which establish annual reporting 
requirements for certain stationary sources emitting VOCs or 
NOX. Sources that are within marginal or above ozone 
nonattainment areas must annually report the actual emissions of 
NOX and VOC to the state. However, states may waive this 
reporting requirement for classes and categories of stationary sources 
that emit under 25 tpy of NOX

[[Page 7859]]

and VOC if the state provides an inventory of emissions from these 
classes or categories of sources as required by CAA sections 172 and 
182. See CAA section 182(a)(3)(B)(ii).
    Additionally, the District is included in the OTR established by 
Congress in section 184 of the CAA. Pursuant to section 184(b)(2), any 
stationary source located in the OTR that emits or has the potential to 
emit at least 50 tpy of VOC shall be considered a major stationary 
source and subject to the requirements which would be applicable to 
major stationary sources if the area was classified as a moderate 
nonattainment area. See CAA section 184. Thus, stationary sources 
emitting 50 tpy or more of VOCs in attainment areas in OTR states are 
subject to plan (or SIP) requirements in CAA section 182(b) applicable 
to moderate nonattainment areas. Also, section 182(f)(1) of the CAA 
requires that the plan provisions required for major stationary sources 
of VOC also apply to major stationary sources of NOX for 
states with ozone nonattainment areas. A major stationary source of 
NOX is defined as a stationary facility or source of air 
pollutants which directly emits, or has the potential to emit, 100 tpy 
or more of NOX. See CAA section 302(j).
    In summary, stationary sources in the OTR that emit more than 50 
tpy of VOC or 100 tpy of NOX, notwithstanding the fact that 
these sources are located within areas designated as attainment for the 
2008 ozone NAAQS, are considered major sources and are subject to the 
same requirements as major stationary sources located in areas 
designated as moderate nonattainment areas. These requirements include 
the emissions statement requirements of CAA section 182(a)(3)(B). See 
CAA section 182(f) and 184(b)(2). Sources located in nonattainment 
areas classified as marginal or above must also submit an emissions 
statement as required by CAA section 182(a)(3)(B). As stated 
previously, states may waive the VOC or NOX reporting 
requirement for classes or categories of stationary sources that emit 
less than 25 tpy of NOX or 25 tpy of VOC if the state 
provides an inventory of emissions from such classes or categories of 
sources as required by CAA sections 172 and 182. See CAA section 
182(a)(3)(B)(ii). States are required by section 182(a)(3)(B) of the 
CAA to submit, for approval into the state's SIP, rules requiring the 
sources described above to provide annual statements showing their 
actual emissions of NOX and VOC to the state.
    The EPA published guidance on source emissions statements in a July 
1992 memorandum titled, ``Guidance on the Implementation of an Emission 
Statement Program'' and in a March 14, 2006 memorandum titled, 
``Emission Statement Requirements Under 8-hour Ozone NAAQS 
Implementation'' (2006 memorandum). In addition, on March 6, 2015, EPA 
issued a final rule addressing a range of nonattainment area SIP 
requirements for the 2008 ozone NAAQS, including the emissions 
statement requirements of CAA section 182(a)(3)(B) (2015 final rule). 
80 FR 12264. The 2006 memorandum clarified that the source emissions 
statement requirement of CAA section 182(a)(3)(B) was applicable to all 
areas designated nonattainment for the 1997 ozone NAAQS and classified 
as marginal or above under subpart 2, part D, title I of the CAA. Per 
the preamble to EPA's 2015 final rule, the source emissions statement 
requirement also applies to all areas designated nonattainment for the 
2008 ozone NAAQS. 80 FR 12264, 12291. According to the preamble to 
EPA's 2015 final rule, most areas that are required to have an 
emissions statement program for the 2008 ozone NAAQS already have one 
in place due to a nonattainment designation for an earlier ozone NAAQS. 
80 FR 12264, 12291. The preamble to EPA's 2015 final rule states that, 
``If an area has a previously approved emissions statement rule in 
force for the 1997 ozone NAAQS or the 1-hour ozone NAAQS that covers 
all portions of the nonattainment area for the 2008 ozone NAAQS, such 
rule should be sufficient for purposes of the emissions statement 
requirement for the 2008 ozone NAAQS.'' Id. In cases where an existing 
emissions statement rule is still adequate to meet the emissions 
statement requirement under the 2008 ozone NAAQS, states may provide 
the rationale for that determination to EPA in a written statement for 
approval in the SIP to meet the requirements of CAA section 
182(a)(3)(B). Id. In this statement, states should identify how the 
emissions statement requirements of CAA section 182(a)(3)(B) are met by 
their existing emissions statement rule. Id.
    In summary, the District is required to submit, as a formal 
revision to its SIP, a statement certifying that the District's 
existing emissions statement program satisfies the requirements of CAA 
section 182(a)(3)(B) and covers the entirety of the District since it 
is included as part of the Washington, DC-MD-VA marginal nonattainment 
area for the 2008 ozone NAAQS.\1\
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    \1\ EPA did not require the District or states to certify that 
its existing SIP-approved emissions statement program continued to 
satisfy CAA requirements for areas in the OTR to have an emissions 
statement program.
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II. Summary of SIP Revision and EPA Analysis

    On May 25, 2018, the District, through the District of Columbia 
Department of Energy and the Environment (DOEE), submitted, as a formal 
revision to its SIP, a statement certifying that the District's 
existing emissions statements program covers the District's portion of 
the Washington, DC-MD-VA nonattainment area for the 2008 ozone NAAQS 
and is at least as stringent as the requirements of CAA section 
182(a)(3)(B). Upon review of the District's emissions statements 
certification, EPA noted minor, stylistic and numbering discrepancies 
between the District's SIP-approved emissions statements provisions and 
the emissions statements provisions in the current publication of 20 
DCMR Sec.  500 that are cited in the District's emissions statements 
certification.
    EPA first approved the District's emissions statements requirements 
found at 20 DCMR Sec.  500.7 into the District's SIP on May 26, 1995 
(60 FR 27944).\2\ See also 40 CFR 52.470. However, in their emissions 
statements certification for the 2008 ozone NAAQS, the District cites 
20 DCMR Sec.  500.9 as containing their emissions statements 
requirements. According to DOEE, pursuant to the District of Columbia 
Documents Act of 1978 (D.C. Official Code Sec.  2-611 et seq.) and 
Title III of the District of Columbia Administrative Procedures Act 
(APA) (D.C. Official Code Sec.  2-551 et seq.), the Council granted the 
Administrator of the Office of Documents and Administrative Issuances 
(ODAI) editorial control of the DCMR to make minor changes in order to 
conform to their style guide without going through any official legal 
rulemaking process. Under this authority, it appears that the 
Administrator of ODAI made numbering and minor stylistic changes to 
several provisions under 20 DCMR Sec.  500, which resulted in the 
renumbering of the District's emissions statements provisions from 20 
DCMR Sec.  500.7 to 20 DCMR Sec.  500.9. Therefore, on December 12, 
2018, the District, through DOEE, submitted a SIP revision requesting 
that the District's SIP be updated to reflect these minor 
administrative changes, including the renumbering of the District's 
SIP-approved emissions statements provisions from 20 DCMR

[[Page 7860]]

Sec.  500.7 to 20 DCMR Sec.  500.9. This SIP revision requests that EPA 
update the District's SIP to reflect the current citations to 20 DCMR 
Sec. Sec.  500.4-500.9, rather than the now outdated citations to 20 
DCMR Sec. Sec.  500.4-500.5, 500.6, and 500.7.\3\ The SIP revision also 
requests several minor stylistic changes to these SIP-approved 
provisions, including, but not limited to, the use of ``Sec.  '' as 
opposed to ``section'' and the addition of semicolons.
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    \2\ 20 DCMR Sec. Sec.  500.4-500.5 and 500.6 were also approved 
into the District's SIP on January 26, 1995 (60 FR 5134) and October 
27, 1999 (64 FR 57777), respectively. These provisions concern 
reporting requirements related to the transfer of gasoline products.
    \3\ As stated previously, 20 DCMR Sec. Sec.  500.4-500.5, 500.6, 
and 500.7 were approved into the District's SIP on January 26, 1995 
(60 FR 5134), October 27, 1999 (64 FR 57777), and May 26, 1995 (60 
FR 27944), respectively.
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    EPA is proposing to revise the District's SIP to reflect the 
current edition of the DCMR for provisions under 20 DCMR Sec. Sec.  
500.4-500.9. EPA finds that these revisions meet the requirements of 
the CAA under section 110(a) and contain only minor administrative 
changes to regulations that were previously approved into the 
District's SIP. In addition, approving this SIP revision ensures that 
the District's SIP accurately reflects the correct citations to the 
District's current regulations for existing SIP-approved provisions. 
None of these changes affect emissions of air pollutants, and none of 
the changes will interfere with any applicable requirements concerning 
attainment of reasonable further progress or any other applicable 
requirements in the CAA. Thus, EPA finds that revising the District's 
SIP to reflect the current edition of the DCMR for the provisions under 
20 DCMR Sec. Sec.  500.4-500.9 is approvable under section 110(l) of 
the CAA.
    As previously mentioned, on May 25, 2018, the District, through 
DOEE, submitted, as a formal revision to its SIP, a statement 
certifying that the District's existing emissions statements program 
covers the District's portion of the Washington, DC-MD-VA nonattainment 
area for the 2008 ozone NAAQS and is at least as stringent as the 
requirements of CAA section 182(a)(3)(B). In their emissions statements 
certification, the District cites 20 DCMR Sec.  500.9 as containing 
their emissions statements requirements.
    The provisions under 20 DCMR Sec.  500.9 that implement the 
District's emissions statements program require the owner of any 
stationary source that emits 25 tpy or more of NOX or VOC to 
submit a statement showing the actual emissions of NOX and 
VOC emitted from that source. These emissions statements are required 
to be submitted annually for the previous calendar year and, at a 
minimum, must contain the following: (1) Certification that the 
information in the statement is accurate to the best knowledge of the 
individual certifying the statement as well as the certifying 
individual's name and contact information; (2) source identification 
information including name, physical location, mailing address of the 
facility, latitude and longitude, and standard industrial 
classification code(s); (3) operating information including percentage 
annual throughput by season, days per week on the normal operating 
schedule, hours per day during the normal operating schedule, and hours 
per year during the normal operating schedule; (4) process rate data 
including annual process rate and peak ozone season daily process rate; 
(5) control equipment information; and (6) emissions information 
including, but not limited to, estimated actual emissions of 
NOX and VOC in tpy and pounds per typical ozone season day. 
The District notes in its May 25, 2018 submittal that, pursuant to 40 
CFR 51, the District is required to submit emissions inventories for 
criteria pollutants to EPA's Emissions Inventory System (EIS), and that 
sources that emit less than 25 tpy of NOX or VOC are 
included in these inventories as area sources. The District states that 
sources that emit less than 25 tpy of NOX and VOC are 
therefore addressed in accordance with CAA section 182(a)(3)(B)(ii).
    EPA's review of the District's May 25, 2018 submittal finds that 
the District's emissions statements program under 20 DCMR Sec.  500.9, 
previously codified at 20 DCMR Sec.  500.7, satisfies the emissions 
statements requirements of CAA section 182(a)(3)(B) for sources located 
in marginal or above nonattainment areas for the 2008 ozone NAAQS. 
Pursuant to CAA section 182(a)(3)(B)(i), the District must require that 
stationary sources of NOX or VOC located in marginal 
nonattainment areas within the District submit annual emissions 
statements that are certified by an official of the facility. Since the 
entire District is designated as marginal nonattainment for the 2008 
ozone NAAQS as part of the Washington, DC-MD-VA 2008 ozone NAAQS 
marginal nonattainment area, this requirement applies to the entirety 
of the District. EPA finds that 20 DCMR Sec.  500.9 satisfies the 
requirements of CAA section 182(a)(3)(B)(i) for the 2008 ozone NAAQS 
because it applies to the entire District and requires that emissions 
statements are certified and submitted annually.
    EPA also finds that the District's emissions thresholds for 
requiring stationary sources to submit emissions statements satisfy the 
requirements of CAA section 182(a)(3)(B)(ii). Section 182(a)(3)(B)(ii) 
allows states to waive emissions statements requirements for any class 
or category of stationary sources that emit less than 25 tpy of 
NOX or VOC if the state provides an inventory of emissions 
from such class or category of sources using approved emission factors 
or other methods approved by EPA. As discussed previously, the 
District's emissions statements requirements under 20 DCMR Sec.  500.9 
apply to the owner or operator of a stationary source that emits 25 tpy 
or more of NOX or VOC. The District also states in its May 
25, 2018 submittal that, pursuant to 40 CFR 51, the District includes 
sources that emit less than 25 tpy of NOX or VOC as area 
sources in the emissions inventories that the District submits to EPA's 
EIS. The District does provide emissions inventories for nonattainment 
areas as required by CAA section 172(c)(3).\4\ Therefore, EPA finds 
that 20 DCMR Sec.  500.9, in conjunction with the District's inclusion 
of sources emitting less than 25 tpy of VOC or NOX in 
emissions inventories as area sources, meet the requirements of CAA 
section 182(a)(3)(B)(ii).
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    \4\ See, e.g. ``Approval and Promulgation of Air Quality 
Implementation Plans; District of Columbia, Maryland, and Virginia; 
2011 Base Year Emissions Inventories for the Washington, DC-MD-VA 
Nonattainment Area for the 2008 Ozone National Ambient Air Quality 
Standard,'' 80 FR 27255 (May 13, 2015).
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    In addition, EPA notes that since 20 DCMR Sec.  500.9 requires 
stationary sources located in the entire District that emit 25 tpy or 
more of NOX or VOC to submit emissions statements, 20 DCMR 
Sec.  500.9 also satisfies the requirements of CAA section 182 and 184 
related to the District's inclusion in the OTR. As discussed 
previously, sources located within areas designated attainment/
unclassifiable within the OTR that emit more than 50 tpy of VOC or 100 
tpy of NOX are considered major sources and are subject to 
the same requirements as major stationary sources located in moderate 
nonattainment areas, including the emissions statements requirements of 
CAA section 182(a)(3)(B). See CAA section 182(f) and 184(b)(2). Because 
the District is included in the OTR, stationary sources within the 
District, including sources located in any areas that might in the 
future be re-designated as attainment areas, that emit or have the 
potential to emit 50 tpy of VOC or 100 tpy of NOX, would be 
required to submit emissions statements. EPA finds that 20 DCMR 
Sec. Sec.  500.9 satisfies these requirements of CAA section 182 and 
184 as it requires that emissions statements are submitted

[[Page 7861]]

for stationary sources located in the District that emit 25 tpy or more 
of NOX or VOC.
    EPA has determined that the provisions under 20 DCMR Sec.  500.9 
satisfy the requirements of CAA section 182(a)(3)(B) for the 2008 ozone 
NAAQS. As previously mentioned, these provisions were previously SIP-
approved as 20 DCMR Sec.  500.7. Therefore, EPA is proposing to 
approve, as a SIP revision, the District's May 25, 2018 emissions 
statements certification for the 2008 ozone NAAQS as approvable under 
CAA section 182(a)(3)(B).

III. Proposed Action

    EPA is proposing to approve as a SIP revision, the District's 
December 12, 2018 SIP revision updating the District's SIP to correctly 
cite the current DCMR numbering of previously-approved SIP measures. 
EPA is also proposing to approve as a SIP revision, the District's May 
25, 2018 emissions statements certification for the 2008 ozone NAAQS as 
approvable under CAA section 182(a)(3)(B). EPA is soliciting public 
comment on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Incorporation by Reference

    In this document, 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 current edition of the provisions under 20 DCMR 
Sec. Sec.  500.4-500.9. EPA has made, and will continue to make, these 
materials generally available through http://www.regulations.gov and at 
the EPA Region III Office (please contact the person identified in the 
For Further Information Contact 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 proposed rulemaking action to approve the 
District's emissions statements certification for the 2008 ozone NAAQS 
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, Volatile organic compounds.

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

    Dated: February 21, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2019-03941 Filed 3-4-19; 8:45 am]
 BILLING CODE 6560-50-P