[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13055-13057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03670]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0552; FRL-10005-75-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Negative Declaration for the Oil and Gas Control 
Techniques Guideline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the District of 
Columbia. This revision pertains to a negative declaration for the 
October 2016 Oil and Natural Gas Control Techniques Guideline (CTG) 
(2016 Oil and Gas CTG). This action is being taken under the Clean Air 
Act (CAA).

DATES: This final rule is effective on April 6, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0552. 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: Joseph Schulingkamp, 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-
2021. Mr. Schulingkamp can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 21, 2019 (84 FR 64244), EPA published a notice of 
proposed rulemaking (NPRM) for the District of Columbia. In the NPRM, 
EPA proposed approval of the District's SIP revision concerning the 
negative declaration for the 2016 Oil and Gas CTG. The formal SIP 
revision was submitted by the District on July 17, 2019. For additional 
information on the CTG please see the NPRM.

II. Summary of SIP Revision and EPA Analysis

    In its submittal, the District of Columbia's Department of Energy 
and Environment (DOEE) conducted a search of its sources to determine 
if the District has any sources that fall within the applicability of 
the 2016 Oil and Gas CTG. DOEE reviewed the following sources of 
information: DOEE's Air Quality Division's permitting database for 
potential sources subject to the 2016 Oil and Gas CTG, the Energy 
Information Administration's data regarding natural gas pipelines and 
areas of oil and gas development, the Department of Homeland Security's 
database of critical infrastructure which includes natural gas 
compressor stations, the District's Department of Consumer and 
Regulatory Affairs database which would include a basic business 
license for broad categories of businesses, and the District's point 
and area source inventory. Within each database or system reviewed, the 
District found no sources subject to the 2016 Oil and Gas CTG. After 
completing this search, the District has declared that no sources 
subject to the 2016 Oil and Gas CTG exist within the District.

III. Response to Comments

    EPA received five sets of anonymous comments in response to the 
NPRM, two of which were duplicative.
    Comment 1: One commenter stated that approval of the District's 
negative declaration, ``might set a dangerous precedent for the further 
regulation and control of the emissions of volatile organic compounds 
(VOCs),'' and could cause, ``a much larger issue for the future control 
of VOCs.''
    Response 1: EPA understands the commenter's concern with regards to 
setting a precedent, however, EPA has historically allowed states to 
submit a negative declaration for a particular CTG category if the 
state finds that no sources exist in the state which would be subject 
to that CTG. EPA has addressed the idea of negative declarations 
numerous times and for various national ambient air quality standards 
(NAAQS) including in the General Preamble to the 1990 Amendments,\1\ 
the 2006 RACT Q&A Memo,\2\ and the 2008 Ozone Implementation Rule.\3\ 
In each of these documents, EPA asserted that if no sources exist in 
the nonattainment area for a particular CTG category, the state would 
be allowed to submit a negative declaration SIP revision.
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    \1\ ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
(57 FR 13498 at 13512 (April 16, 1992)).
    \2\ ``RACT Qs & As--Reasonably Available Control Technology 
(RACT): Questions and Answers'' Memorandum from William T. Harnett, 
May 18, 2006.
    \3\ ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements,'' (80 
FR 12263 at 12278 (March 6, 2015)).
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    In addition, EPA has approved negative declarations in the past for 
this CTG category in other states as well as other CTG categories for 
the District. For example, EPA has approved negative declarations for 
the District for the following categories with respect to the 1997 
ozone NAAQS: Automotive and Light-duty Truck Manufacturing; Storage of 
Petroleum Liquids in Fixed-roof Tanks; Bulk Gasoline Plants; Petroleum 
Refinery Sources; Graphic

[[Page 13056]]

Arts Systems; Shipbuilding and Repair; Wood Furniture Coatings; and 
more. See 74 FR 28447 (June 16, 2009) and 74 FR 12778 (March 25, 2009). 
More recently EPA approved negative declarations for the 2008 ozone 
NAAQS for these same CTG categories. See 84 FR 54507 (October 10, 
2019). With respect to the 2016 Oil and Gas CTG, EPA has already 
approved negative declarations for Delaware, Indiana, Vermont, and 
California's El Dorado County and Yolo-Solano Air Quality Management 
Districts.\4\ Thus, no precedent is being set by approving the 
District's negative declaration with respect to the 2016 Oil and Gas 
CTG.
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    \4\ See 84 FR 32624 (July 9, 2019) for Delaware, 84 FR 68050 
(December 13, 2019) for Indiana, 84 FR 65009 (November 26, 2019) for 
Vermont, 83 FR 67696 (December 31, 2018) for El Dorado, and 83 FR 
31072 (July 3, 2018) for Yolo-Solano.
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    Comment 2: One commenter stated that economic effects should be 
considered, particularly whether the SIP revision will, ``harm the 
economy to compensate for the environment and if the benefits of doing 
so exceed the harm it will cause.''
    Response 2: EPA disagrees with this comment. In the case of a 
negative declaration, the state is merely certifying that no sources 
exist which would necessitate a regulation being developed for a CTG 
category. Because there are no sources in the District that could 
potentially be subject to the 2016 Oil and Gas CTG, the District does 
not have to develop and implement a regulation to meet the RACT 
requirements of the CTG, and thus, no costs will be imposed on sources 
in the District.
    Comment 3: One commenter explained that ozone nonattainment areas 
classified as Moderate or higher must implement RACT for each category 
of VOC sources covered by a CTG document issued between November 15, 
1990 and the date of attainment; the commenter suggested that EPA 
should update this date to reflect regulations made in current 
environmental conditions.
    Response 3: The November 15, 1990 date is established by statute in 
CAA section 182(b)(2). EPA cannot through rulemaking change this date. 
Changing this date would require legislation passed by Congress and 
signed by the President into law.
    Comment 4: One commenter suggested EPA should disapprove the 
District's SIP pending review by the ``OSG Intergovernmental Panel on 
Climate Change (IPCC) and other available independent scientific 
assessments of risks and impacts.'' The commenter claims that EPA is 
unable to predict accurately how these gases will alter the climate 
system over the next century. The commenter also suggested EPA 
disapprove the District's SIP because nothing in the negative 
declaration accounts for future development in the oil and natural gas 
field. The commenter claims that EPA must require a regulation to 
ensure future compliance with the CTG and not allow the District to 
increase emissions of VOCs or greenhouse gases (GHGs) like methane.
    Response 4: First, with respect to disapproving the District's SIP 
pending external review, EPA disagrees with the commenter. Nothing in 
the District's negative declaration SIP revision requires external 
review with respect to climate change because the negative declaration 
is merely certifying that no sources in the District are subject to the 
2016 Oil and Gas CTG. A review of climate change, or its impacts, are 
not relevant to the District's SIP revision.
    Second, with respect to disapproving the District's SIP because the 
SIP revision does not account for future development and does not 
contain a regulation to ensure future compliance with the CTG or 
restrict emissions of VOCs and GHGs, EPA disagrees with the commenter. 
Nothing in the CAA or EPA's implementing rules or guidance suggests 
that states must have a SIP-approved regulation for a category of CTG 
sources that does not exist in the state. Should a new source of the 
type covered by the existing CTG be constructed in a state after 
approval of a negative declaration, EPA expects the state to develop a 
regulation and submit it to EPA for approval into the SIP in accordance 
with the relevant timing provided for by the CAA. At this time, because 
the District does not have any sources subject to the 2016 Oil and Gas 
CTG, no regulation is required to be developed and submitted to EPA for 
SIP approval.

IV. Final Action

    EPA is approving the District's SIP revision concerning the 
negative declaration for the 2016 Oil and Gas CTG, which was submitted 
on July 17, 2019.

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

[[Page 13057]]

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 May 5, 2020. 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, approving the District's negative declaration for 
the 2016 Oil and Gas CTG, 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: February 12, 2020.
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 in the table in paragraph (e) by adding an entry 
for ``Negative Declaration for the 2016 Oil and Natural Gas CTG'' at 
the end of the table to read as follows:


Sec.  52.470   Identification of plan.

* * * * *
    (e) * * *

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                                                        State
   Name of non-regulatory SIP        Applicable       submittal    EPA approval date    Additional  explanation
            revision               geographic area       date
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  * * * * * * *
Negative Declaration for the     District of             7/17/19  3/6, 2020, [Insert  Docket 2019-0552.
 2016 Oil and Natural Gas CTG.    Columbia.                        Federal Register
                                                                   citation].
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[FR Doc. 2020-03670 Filed 3-5-20; 8:45 am]
 BILLING CODE 6560-50-P