[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Rules and Regulations]
[Pages 27202-27205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12294]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0371; FRL-9995-06-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 to report
annual emissions of nitrogen oxides (NOX) and volatile
organic compounds (VOC). 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 addresses 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: This final rule is effective on July 12, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0371. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., 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
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Sara Calcinore, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2043. Ms. Calcinore can also be reached via electronic mail 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 parts 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 five 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. See 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. 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,
[[Page 27203]]
rules which establish annual reporting requirements for certain
stationary sources emitting VOCs or NOX. Sources that are
within 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 tons per year (tpy) of
NOX and/or 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).
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 statements requirements of CAA section 182(a)(3)(B) (2015
final rule). 80 FR 12264. Per the preamble to EPA's 2015 final rule,
the source emissions statement requirement applies to all areas
designated nonattainment for the 2008 ozone NAAQS. See 80 FR 12264,
12291. The preamble to EPA's 2015 final rule also states that 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. Id. 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.
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 500.7 into the District's SIP on May 26, 1995 (60 FR
27944).\1\ 40 CFR 52.470. However, in their emissions statements
certification for the 2008 ozone NAAQS, the District cites 20 DCMR
500.9 as containing their emissions statements requirements. According
to DOEE, pursuant to the District of Columbia Documents Act of 1978 (DC
Official Code section 2-611 et seq.) and Title III of the District of
Columbia Administrative Procedures Act (APA) (DC Official Code section
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 500, which
resulted in the renumbering of the District's emissions statements
provisions from 20 DCMR 500.7 to 20 DCMR 500.9.
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\1\ 20 DCMR 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.
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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
provision from 20 DCMR 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 500.4-500.9, rather than the now outdated
citations to 20 DCMR 500.4-500.5, 500.6, and 500.7. 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.
On March 5, 2019 (84 FR 7858), EPA published a notice of proposed
rulemaking (NPRM) for the District. In the NPRM, EPA found the
District's December 12, 2018 administrative changes approvable under
CAA section 110(a) and the District's May 25, 2018 emissions statements
certification for the 2008 ozone NAAQS approvable under CAA section
182(a)(3)(B). EPA proposed to approve both as revisions to the District
SIP. EPA received a public comment on the March 5, 2019 NPRM. The
submitted comment was not specific to this action and thus is not
addressed here.
In this rulemaking action, EPA is approving the District's December
12, 2018 request to revise their SIP to reflect the current edition of
the DCMR for the SIP-approved provisions under 20 DCMR 500.4-500.9. EPA
is also approving the District's May 25, 2018 emissions statements
certification for the 2008 ozone NAAQS and is finding that the District
satisfies the emissions statements requirements of CAA section
182(a)(3)(B) for the 2008 ozone NAAQS. The rationale for EPA's proposed
approval of the District's SIP revision requesting administrative
changes to the SIP-approved provisions under 20 DCMR 500.4-500.9 and
the District's emissions statements certification for the 2008 ozone
NAAQS is included in the NPRM and will not be restated here.
III. Final Action
EPA is approving, as a revision to the District's SIP, the
District's December 12, 2018 request to revise their SIP to reflect the
current provisions under 20 DCMR 500.4-500.9. EPA is also approving, as
a revision to the District's SIP, the District's May 25, 2018 emissions
statements certification for the 2008 ozone NAAQS as approvable under
CAA section 182(a)(3)(B).
IV. Incorporation by Reference
In this document, 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
provisions under 20 DCMR 500.4-500.9. EPA has made, and
[[Page 27204]]
will continue to make, these materials generally available through
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). 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 in the next update to the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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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);
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 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 August 12, 2019. 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 revising the District's SIP to reflect the current
provisions under 20 DCMR Sec. Sec. 500.4-500.9 and approving the
District's May 25, 2018 emissions statements certification for the 2008
ozone NAAQS as satisfying the requirements of CAA section 182(a)(3)(B)
for the 2008 ozone NAAQS 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 30, 2019.
Cosmo Servidio,
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. Amend Sec. 52.470:
0
a. In the table in paragraph (c) by:
0
i. Revising entries for ``Sections 500.4, 500.5'', ``Section 500.6'',
and ``Section 500.7''; and
0
ii. Adding entries in numerical order for ``Section 500.8'' and
``Section 500.9''; and
0
b. In the table in paragraph (e) by adding the entry ``Emissions
Statements Rule Certification for the 2008 Ozone NAAQS'' at the end of
the table.
The revisions and additions read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) * * *
[[Page 27205]]
EPA-Approved Regulations and Statutes in the District of Columbia SIP
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State Additional
State citation Title/subject effective date EPA approval date explanation
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District of Columbia Municipal Regulations (DCMR), Title 20--Environment
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* * * * * * *
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Chapter 5 Source Monitoring and Testing
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* * * * * * *
Sections 500.4, 500.5............ Records and Reports 09/30/93 [6/12/2019, Insert Approved into the
Federal Register SIP on January 26,
citation]. 1995.
Administrative
updates.
Section 500.6.................... Records and Reports 09/30/93 [6/12/2019, Insert Approved into the
Federal Register SIP on January 26,
citation]. 1995.
Administrative
updates.
Section 500.7.................... Records and Reports 09/30/93 [6/12/2019, Insert Approved into the
Federal Register SIP on January 26,
citation]. 1995.
Administrative
updates.
Section 500.8.................... Records and Reports 09/03/93 [6/12/2019, Insert Approved into the
Federal Register SIP on October 27,
citation]. 1999.
Administrative
updates.
Section 500.9.................... Records and 9/30/93 [6/12/2019, Insert Approved into the
Reports--Emissions Federal Register SIP on May 26,
Statements. citation]. 1995.
Administrative
updates.
* * * * * * *
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* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
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* * * * * * *
Emissions Statements Rule District of 05/25/18 [6/12/2019, Insert Certification that
Certification for the 2008 Ozone Columbia portion Federal Register the District's SIP-
NAAQS. of the Washington, citation]. approved
DC-MD-VA regulations at 20
nonattainment area DCMR Sec. 500.9
for the 2008 ozone meet the emissions
NAAQS (i.e., the statements
District of requirements of
Columbia). CAA section
182(a)(3)(B) for
the 2008 ozone
NAAQS.
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[FR Doc. 2019-12294 Filed 6-11-19; 8:45 am]
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