[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

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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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