[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Proposed Rules]
[Pages 8734-8736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02585]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0489; FRL10018-20-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Nonattainment New Source Review Requirements for 
2015 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
Department of Energy and Environment (DOEE) of the District of 
Columbia. This SIP revision will fulfill the District of Columbia's 
Nonattainment New Source Review (NNSR) SIP element requirement for the 
2015 8-hour ozone National Ambient Air Quality Standard (NAAQS). This 
action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 11, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0489 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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Matthew Willson, Permits Branch 
(3AD10), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-5795. Mr. Willson can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On May 5, 2020, the DOEE submitted on behalf 
of the District of Columbia (District) a formal SIP revision, 
requesting EPA's approval of its NNSR Certification for the 2015 8-hour 
ozone NAAQS. The District is certifying that its existing NNSR program, 
covering the District portion of the Washington, DC-MD-VA Nonattainment 
Area (Washington Area) for the 2015 8-hour ozone NAAQS, is at least as 
stringent as the requirements at 40 Code of Federal Regulations (CFR) 
51.165, as amended by the final rule titled ``Implementation of the 
2015 National Ambient Air Quality Standards for Ozone: Nonattainment 
Area State Implementation Plan Requirements'' (SIP Requirements Rule), 
for ozone and its precursors. See 83 FR 62998 (December 6, 2018).

I. Background

    On October 1, 2015, EPA promulgated a revised 8-hour ozone NAAQS of 
0.070 parts per million (ppm). 80 FR 65292 (October 26, 2015). Under 
EPA's regulations at 40 CFR 50.19, the 2015 8-hour ozone NAAQS is 
attained when the three-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone

[[Page 8735]]

concentration is less than or equal to 0.070 ppm.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The Washington Area was 
classified as marginal nonattainment for the 2015 8-hour ozone NAAQS on 
June 4, 2018 (effective August 3, 2018) using 2014-2016 ambient air 
quality data. 83 FR 25776. On December 6, 2018, EPA issued the final 
SIP Requirements Rule, which establishes the requirements that state, 
tribal, and local air quality management agencies must meet as they 
develop implementation plans for areas where air quality exceeds the 
2015 8-hour ozone NAAQS. 80 FR 65291, October 26, 2015. Areas that were 
designated as marginal ozone nonattainment areas are required to attain 
the 2015 8-hour ozone NAAQS no later than August 3, 2021. 40 CFR 
51.1303 and 83 FR 10376, March 9, 2018.
    Based on initial nonattainment designations for the 2015 8-hour 
ozone NAAQS, as well as the December 6, 2018 final SIP Requirements 
Rule, the District was required to develop a SIP revision addressing 
certain CAA requirements for the Washington Area, and submit to EPA a 
NNSR Certification SIP or SIP revision no later than 36 months after 
the effective date of area designations for the 2015 8-hour ozone NAAQS 
(i.e., August 3, 2021). See 83 FR 62998 (December 6, 2018). EPA is 
proposing to approve the District's May 5, 2020 NNSR Certification SIP 
revision. EPA's analysis of how this SIP revision addresses the NNSR 
requirements for the 2015 8-hour ozone NAAQS is provided in Section II 
of this document below.

II. Summary of SIP Revision and EPA Analysis

    This rulemaking is specific to the District's NNSR requirements. 
NNSR is a preconstruction review permit program that applies to new 
major stationary sources or major modifications at existing sources 
located in a nonattainment area. The specific NNSR requirements for the 
ozone NAAQS are located in 40 CFR 51.160 through 51.165.
    The minimum SIP requirements for NNSR permitting programs for the 
2015 8-hour ozone NAAQS are set forth in 40 CFR 51.165. These NNSR 
program requirements include those promulgated in the ``Phase 2 Rule'' 
implementing the 1997 8-hour ozone NAAQS (70 FR 71611 (November 29, 
2005)), the 2008 Ozone NAAQS SIP implementation Rule (80 FR 12264, 
March 6, 2015) and the 2015 SIP Requirements Rule (83 FR 62998, 
December 6, 2018). Under the Phase 2 Rule, the SIP for each ozone 
nonattainment area must contain NNSR provisions that: Set major source 
thresholds for oxides of nitrogen (NOX) and volatile organic 
compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and 
(2); classify physical changes as a major source if the change would 
constitute a major source by itself pursuant to 40 CFR 
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase 
of NOX as a significant net emissions increase for ozone 
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases of 
VOC emissions in extreme ozone nonattainment areas as a significant net 
emissions increase and a major modification for ozone pursuant to 40 
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and 
NOX as ozone precursors pursuant to 40 CFR 
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions 
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); 
provide that the requirements applicable to VOC also apply to 
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios 
for VOC and NOX pursuant to 40 CFR 51.165(a)(9).
    The District's SIP approved NNSR program, established in Chapters 1 
(Air Quality--General Rules) and 2 (Air Quality--General and 
Nonattainment Area Permits) in Title 20 of the District of Columbia 
Municipal Regulations (DCMR), apply to the construction and 
modification of major stationary sources in nonattainment areas. In its 
May 23, 2018 SIP revision, the District certifies that the versions of 
20 DCMR Chapters 1 and 2 approved in the SIP are at least as stringent 
as the Federal NNSR requirements for the Washington Area. EPA last 
approved revisions to the District's major NNSR SIP on March 19, 2015. 
In that action, EPA approved revisions to the District's SIP which made 
DOEE's NNSR program consistent with Federal requirements. 80 FR 14310, 
March 19, 2015.
    Title 20 DCMR section 199 and the District's SIP adequately 
addresses 40 CFR 51.165(a)(1)(iv)(A)(1), because the definition of 
``major stationary source'' in 20 DCMR section 199 includes a threshold 
of 25 tons per year or more of NOX or VOC in any 
nonattainment area for ozone, which is equivalent to the NNSR 
thresholds for severe ozone nonattainment areas. Although the 
Washington Area is classified as a marginal nonattainment area for the 
2015 8-hour ozone NAAQS, due to anti-backsliding provisions set forth 
in 40 CFR 51.905 and its prior classification as a severe area under 
the 1979 1-hour ozone NAAQS, the Washington Area retains the severe 
area thresholds for the purposes of NNSR.
    The District has chosen not to include certain optional NNSR 
provisions that EPA could approve, pertaining to emissions reduction 
credits, inter-pollutant trading programs and Prevention of Significant 
Deterioration. The District's choice not to include these provisions 
does not affect EPA's determination regarding the approvability of its 
May 5, 2020 submittal, and they will not be discussed in this 
rulemaking.

III. Proposed Action

    EPA's review of this material indicates that the District's 
submission fulfills the 40 CFR 51.1114 revision requirement, meets the 
requirements of CAA sections 110 and 172 and the minimum SIP 
requirements of 40 CFR 51.165. EPA is proposing to approve the District 
of Columbia's SIP revision addressing the NNSR requirements for the 
2015 8-hour ozone NAAQS for the Washington Area, which was submitted on 
May 5, 2020. EPA is soliciting public comments on the issues discussed 
in this document. These comments will be considered before taking final 
action.

IV. 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 it is not a significant regulatory 
action 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

[[Page 8736]]

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, approving the District's 
20015 8-hour ozone NAAQS Certification SIP revision for NNSR, 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, 
Particulate Matter, Transportation, Volatile organic compounds.

    Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-02585 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P