[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Proposed Rules]
[Pages 13843-13846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05097]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0574; FRL10020-86-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Emissions Statement Certification for the 2015
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 a state implementation plan (SIP) revision formally submitted
by the District of Columbia Department of Energy and the Environment
(DOEE). Under the Clean Air Act (CAA), a state's SIP must include an
emission statement
[[Page 13844]]
regulation that requires 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 SIP revision provides the District's certification that its
existing emissions statement program satisfies the emissions statement
requirements of the CAA for the 2015 ozone National Ambient Air Quality
Standard (NAAQS). EPA is proposing to approve the District's emissions
statement program certification for the 2015 ozone NAAQS as a SIP
revision in accordance with the requirements of the CAA.
DATES: Written comments must be received on or before April 12, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0574 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: Serena Nichols, 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-
2053. Ms. Nichols 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 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 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. 62 FR 38856. 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. See 73 FR
16436 (March 27, 2008). In 2015, EPA further lowered the 8-hour ozone
NAAQS from 0.075 ppm to 0.070 ppm. The 0.070 ppm standard is referred
to as the 2015 ozone NAAQS. See 80 FR 65452 (October 26, 2015).
On June 4, 2018 and July 25, 2018, EPA designated nonattainment
areas for the 2015 ozone NAAQS. 83 FR 25776 and 83 FR 35136. Effective
August 3, 2018 (83 FR 25776, June 4, 2018), the Washington, DC-MD-VA
area was designated as marginal nonattainment for the 2015 ozone NAAQS.
See 40 CFR 81.309. Section 182 of the CAA identifies plan submissions
and requirements for ozone nonattainment areas. Specifically, CAA
section 182(a)(3)(B) requires that states develop and submit, as a
revision to their SIP, rules which establish annual emission reporting
requirements for certain stationary sources. 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
requirement for sources that emit under 25 tons per year (tpy) of
NOX or VOC if the state provides an inventory of emissions
from such class or category of sources as required by CAA sections 172
and 182. See CAA section 182(a)(3)(B)(ii).
EPA published guidance on source emissions statements in a July
1992 memorandum titled, ``Guidance on the Implementation of an Emission
Statement Program'' \1\ and in a March 14, 2006 memorandum titled,
``Emission Statement Requirements Under 8-hour Ozone NAAQS
Implementation'' (2006 memorandum).\2\ In addition, on December 6,
2018, EPA issued a final rule addressing a range of nonattainment area
SIP requirements for the 2015 ozone NAAQS, including the emission
statement requirements of CAA section 182(a)(3)(B) (2018 final rule).
83 FR 62998, codified at 40 CFR part 51, subpart CC. The 2006
memorandum clarified that the 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 EPA's 2018 final
rule, the emissions statement requirement also applies to all areas
designated nonattainment for the 2015 ozone NAAQS. 83 FR 62998, 63023
(December 6, 2018).
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\1\ July 1992 memorandum titled, ``Guidance on the
Implementation of an Emission Statement Program is available online
at https://www.epa.gov/sites/production/files/2015-09/documents/emission_statement_program_zypdf.pdf, Docket ID: EPA-R03-QAR-2020-
0574.
\2\ March 14, 2006 memorandum titled, ``Emission Statement
Requirements Under 8-hour Ozone NAAQS Implementation'' is available
online at https://www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPA-R03-OAR-2020-
0574.
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According to the preamble to EPA's 2018 final rule, most areas that
are required to have an emissions statement program for the 2015 ozone
NAAQS already have one in place due to a nonattainment designation for
an earlier ozone NAAQS. 83 FR 62998, 63001 (December 6, 2018). EPA's
2018 final rule states that, ``Many air agencies already have
regulations in place to address certain nonattainment area planning
requirements due to nonattainment designations for a prior ozone NAAQS.
Air agencies should review any existing regulation that was previously
approved by the EPA to determine whether it is sufficient to fulfill
obligations triggered by the revised ozone NAAQS.'' Id. In cases where
an existing emissions statement rule is still adequate to meet the
emissions statement requirement under the 2015 ozone NAAQS, states may
provide the rationale for that determination to EPA in a written
statement for approval into the SIP to meet the requirements of CAA
section 182(a)(3)(B). 83 FR 62998, 63002 (December 6, 2018). 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 can submit, as a
formal revision to its SIP, a statement certifying that the District's
existing emissions statement program
[[Page 13845]]
satisfies the requirements of CAA section 182(a)(3)(B) and covers the
District's portion of the Washington, DC-MD-VA nonattainment area for
the 2015 ozone NAAQS.
As additional background, on July 12, 2019, EPA approved a revision
to the District's SIP which corrected the citation to the District of
Columbia Municipal Regulations (DCMR) where the requirement for
stationary sources to submit emissions statements for NOX
and VOC are found. 84 FR 27202 (June 12, 2019). The District's emission
statement regulation is currently found at 20 DCMR section 500.9.
II. Summary of SIP Revision and EPA Analysis
On June 4, 2020, the District, through DOEE, submitted as a formal
SIP revision, a statement certifying that the District's existing SIP-
approved emissions statement program covers the District's portion of
the Washington, DC-MD-VA nonattainment area for the 2015 ozone NAAQS
and is at least as stringent as the requirements of CAA section
182(a)(3)(B). In its submittal, the District states that 20 DCMR
section 500.9 contains emissions reporting requirements consistent with
CAA section 182(a)(3)(B)(i), and that 20 DCMR section 500.9 is approved
into the District's SIP. See 40 CFR 52.2420(c). EPA first approved the
District's emissions statements requirements, now found at 20 DCMR
section 500.9, into the District's SIP on May 26, 1995 (60 FR
27944).\3\ See also 40 CFR 52.470.
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\3\ 20 DCMR sections 500.4 through 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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EPA's review of the District's submittal finds that the District's
existing, SIP-approved emissions statement program at 20 DCMR section
500.9 satisfies the emission statement requirements of CAA section
182(a)(3)(B) for the 2015 ozone NAAQS. The District's regulation
requires the owner of any stationary source located in the District
that emits 25 tpy or more of VOC or NOX to submit an
emissions statement to the Mayor by April 15 of each year for the
emissions discharged during the previous calendar year. Emissions
statements are required to be prepared and submitted in accordance with
20 DCMR section 500.9.
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. These reporting requirements in 20
DCMR section 500.9 meet the requirements of CAA section
182(a)(3)(B)(i).
As allowed by CAA section 182(a)(3)(B)(ii), the District has waived
the emissions reporting requirement for stationary sources emitting
less than 25 tpy of NOX or VOCs because the District
includes these emissions in reports to EPA. CAA section
182(a)(3)(B)(ii) allows the State to waive the application of clause
(i) to any class or category of stationary sources which emit less than
25 tons per year of VOC or NOX if the State, in its
submissions under subparagraphs (1) or (3)(A), provides an inventory of
emissions from such class or category of sources, based on the use of
the emission factors established by the Administrator or other methods
acceptable to the Administrator.
As noted in the District's June 4, 2020 submittal, pursuant to the
Air Emissions Reporting Requirements rule at 40 CFR part 51, the
District is required to submit emissions inventories for criteria
pollutants to EPA's Emissions Inventory System (EIS), and that sources
emitting less than 25 tpy of NOX or VOC are included in
these inventories as area sources. The submission also notes that
emissions from these sources are calculated using emission factors
approved by the Administrator. These small stationary sources are
therefore addressed in accordance with CAA section 182(a)(3)(B)(ii).
Therefore, EPA has determined that the District's existing
emissions statement program, as set forth at 20 DCMR section 500.9,
which is currently in the District's SIP, and the District's reporting
for sources emitting less than 25 tpy of NOX or VOC, meet
the emissions statement requirements in CAA section 182(a)(3)(B) for
the 2015 ozone NAAQS. EPA is proposing to approve, as a SIP revision,
the District's June 4, 2020 emissions statement program certification
as meeting the requirements of CAA section 182(a)(3)(B) for the 2015
ozone NAAQS.
III. Proposed Action
EPA is proposing to approve the District's SIP revision submitted
on June 4, 2020, which certifies that District's existing SIP-approved
emissions statement program under 20 DCMR section 500.9 satisfies the
requirements of CAA section 182(a)(3)(B) for the 2015 ozone NAAQS. 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 EPA 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 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
[[Page 13846]]
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, in which EPA is proposing
approval of the District's certification that its existing emission
statement program satisfies the emission statement requirements of the
CAA for the 2015 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: March 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-05097 Filed 3-10-21; 8:45 am]
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