[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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