[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42733-42735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16534]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0489; FRL-8691-02-R3]


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: Final rule.

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

DATES: This final rule is effective on September 7, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2020-0489. 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: 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:

I. Background

    On March 11, 2021 (86 FR 8734), EPA published a notice of proposed 
rulemaking (NPRM) for the District of Columbia. In the NPRM, EPA 
proposed approval of the District's NNSR Certification for the 2015 8-
hour ozone NAAQS. The formal SIP revision was submitted by the District 
on May 5, 2020. Specifically, the District certified 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 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).
    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 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

[[Page 42734]]

NAAQS (i.e., August 3, 2021). See 83 FR 62998 (December 6, 2018). EPA 
is approving the District's May 5, 2020 NNSR Certification SIP revision 
for the 2015 8-hour ozone NAAQS.

II. Summary of SIP Revision and EPA Analysis

    This rule 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 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), applies to the construction and 
modification of major stationary sources in nonattainment areas. In its 
May 5, 2020 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 July 5, 2019. In 
that action, EPA approved revisions to the District's SIP which made 
DOEE's NNSR program consistent with Federal requirements. 84 FR 32072, 
July 5, 2019. No public comments were received on the NPRM.

III. Final Action

    EPA is approving the District's May 5, 2020 SIP revision addressing 
the NNSR requirements for the 2015 8-hour ozone NAAQS for the 
Washington Area. EPA has concluded that the District's submission 
fulfills the 40 CFR 51.1114 revisions requirement, meets the 
requirements of CAA section 110 and 172 and the minimum SIP 
requirements of 40 CFR 51.165.

IV. 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);
     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 October 4, 2021. 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 pertaining to the District's NNSR program and the 2015 
8-hour 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: July 28, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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. In Sec.  52.470, the table in paragraph (e) is amended by adding an 
entry for ``2015 8-Hour Ozone Certification for Nonattainment New 
Source Review (NNSR)'' at the end of the table to read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

[[Page 42735]]



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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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                                                  * * * * * * *
2015 8-Hour Ozone Certification    The District of         05/05/20  08/05/21, [insert    ......................
 for Nonattainment New Source       Columbia.                         Federal Register
 Review (NNSR).                                                       citation].
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[FR Doc. 2021-16534 Filed 8-4-21; 8:45 am]
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