[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Proposed Rules]
[Pages 22996-23005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10466]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0387; FRL-9993-95-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Approval of the Redesignation Request for the 
Washington, DC-MD-VA 2008 8-Hour Ozone National Ambient Air Quality 
Standard Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a request from the District of Columbia (the District) to 
redesignate to attainment their portion of the Washington, DC-MD-VA 
nonattainment area (hereafter ``the Washington Area'' or ``the Area'') 
for the 2008 8-hour ozone national ambient air quality standard (NAAQS 
or standard) (also referred to as the 2008 ozone NAAQS). EPA has 
already approved, as a revision to the District's SIP, a maintenance 
plan that demonstrates maintenance of the 2008 ozone NAAQS through 2030 
in the Washington Area. This action is being taken under the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before June 20, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0387 at https://www.regulations.gov, or via email to 
spielberger.susan@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for

[[Page 22997]]

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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, 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-
2043. Ms. Calcinore can also be reached via electronic mail at 
calcinore.sara@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What action is EPA proposing?
II. What is the background for this proposed action?
III. What is EPA's analysis of the District's redesignation request 
for the Washington Area?
    A. Has the Washington Area attained the 2008 Ozone NAAQS?
    B. Has the District met all applicable requirements of section 
110 and part D of the CAA for the Washington Area and does the 
Washington Area have a fully approved SIP under section 110(k) of 
the CAA?
    C. Are the air quality improvements in the Washington Area due 
to permanent and enforceable emission reductions?
    D. Does the District have a fully approvable ozone maintenance 
plan for the Washington Area?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    In this action, EPA is proposing to approve the District's March 
12, 2018 redesignation request as satisfying the requirements of CAA 
section 107(d)(3)(E) and redesignate the District from marginal 
nonattainment to attainment of the 2008 ozone NAAQS. EPA has already 
approved, as a revision to the District's SIP, a maintenance plan that 
demonstrates maintenance of the 2008 ozone NAAQS through 2030 in the 
Washington Area. See 84 FR 15108 (April 15, 2019).

II. What is the background for this proposed action?

    Under the CAA, EPA establishes NAAQS for criteria pollutants 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 5 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 38855. 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. The 0.075 ppm standard is referred 
to as the 2008 ozone NAAQS. See 73 FR 16436 (March 27, 2008).
    Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B) 
of the CAA requires EPA to designate as nonattainment any areas that 
are violating the NAAQS based on the most recent three years of 
quality-assured ozone monitoring data. On May 21, 2012 and June 11, 
2012, EPA designated nonattainment areas for the 2008 ozone NAAQS. 77 
FR 30088 and 77 FR 34221. Effective July 20, 2012, the Washington Area 
was designated as marginal nonattainment for the 2008 ozone NAAQS. The 
Washington Area consists of the Counties of Calvert, Charles, 
Frederick, Montgomery, and Prince George's in Maryland, the Counties of 
Arlington, Fairfax, Loudoun, and Prince William and the Cities of 
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park in 
Virginia, and the District of Columbia. See 40 CFR 81.309, 81.321, and 
81.347.
    Section 107(d)(3)(E) of the CAA allows redesignation of an area to 
attainment of the NAAQS provided that: (1) The Administrator (EPA) 
determines that the area has attained the applicable NAAQS; (2) the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k) of the CAA; (3) the Administrator 
determines that the improvement in air quality is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the applicable SIP, applicable Federal air pollutant control 
regulations, and other permanent and enforceable emission reductions; 
(4) the Administrator has fully approved a maintenance plan for the 
area as meeting the requirements of section 175A of the CAA; and (5) 
the State containing the area has met all requirements applicable to 
the area for purposes of redesignation under section 110 and part D of 
the CAA.
    On March 12, 2018, February 5, 2018, and January 3, 2018, the 
District, Maryland, and Virginia, respectively, formally submitted 
requests to redesignate their portions of the Washington Area from 
marginal nonattainment to attainment for the 2008 ozone NAAQS. The 
District, Maryland, and Virginia concurrently submitted, as revisions 
to their respective SIPs, a joint maintenance plan for the Washington 
Area prepared by the Metropolitan Washington Council of Governments 
(MWCOG) that demonstrates maintenance of the 2008 ozone NAAQS through 
2030 in the Washington Area. On April 15, 2019, EPA approved, as 
revisions to the District's, Maryland's, and Virginia's SIPs, the joint 
maintenance plan for the Washington Area. 84 FR 15108. In the April 15, 
2019 action, EPA also approved Maryland and Virginia's requests to 
redesignate to attainment their portions of the Washington Area from 
marginal nonattainment to attainment of the 2008 ozone NAAQS.
    On April 16, 1992, EPA provided guidance on redesignations in the 
General Preamble for the Implementation of Title I of the CAA 
Amendments of 1990 (57 FR 13498) and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:
    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, Director, Technical Support Division, June 
18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;

[[Page 22998]]

    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (the ``Calcagni memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of Ozone 
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T. 
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
    7. ``State Implementation Plan (SIP) requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On 
or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993 (the ``Shapiro memorandum'');
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, May 10, 1995.

III. What is EPA's analysis of the District's redesignation request for 
the Washington area?

A. Has the Washington area attained the 2008 Ozone NAAQS?

    For redesignation of a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS. See CAA section 107(d)(3)(E)(i). An area is attaining the 2008 
ozone NAAQS if it meets the 2008 ozone NAAQS, as determined in 
accordance with 40 CFR 50.15 and appendix P of part 50, based on three 
complete, consecutive calendar years of quality-assured air quality 
data for all monitoring sites in the area. To attain the NAAQS, the 
three-year average of the annual fourth-highest daily maximum 8-hour 
average ozone concentrations, referred to as ozone design values, at 
each monitor must not exceed 0.075 ppm.\1\ The air quality data must be 
collected and quality-assured in accordance with 40 CFR part 58 and 
recorded in EPA's Air Quality System (AQS). Ambient air quality 
monitoring data for the 3-year period must also meet data completeness 
requirements. An ozone design value is valid if daily maximum 8-hour 
average concentrations are available for at least 90 percent of the 
days within the ozone monitoring season,\2\ on average, for the three-
year period, with a minimum data completeness of 75 percent during the 
ozone monitoring season of any year during the three-year period. See 
section 2.3 of appendix P to 40 CFR part 50.
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    \1\ The rounding convention under 40 CFR part 50, appendix P 
dictates that concentrations shall be reported in ppm to the third 
decimal place, with additional digits to the right of the third 
decimal place truncated. Thus, a computed three-year average ozone 
concentration of 0.0759 ppm or lower would meet the standard, but 
0.0760 ppm or higher would be over the standard.
    \2\ The ozone season is defined by state in 40 CFR 58 appendix 
D. For the 2013-2015 time period, the ozone season was April-October 
for the states in the Area. Beginning in 2016, the ozone season is 
March-October for the states in the Washington Area. See 80 FR 
65292, 65466-67 (October 26, 2015).
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    On November 14, 2017 (82 FR 52651), in accordance with section 
181(b)(2)(A) of the CAA and Provisions for Implementation of the 2008 
Ozone NAAQS (40 CFR part 51, subpart AA), EPA made a determination that 
the Washington Area attained the 2008 ozone NAAQS by the July 20, 2016 
attainment date.\3\ EPA's determination was based upon three years of 
complete, certified, and quality-assured data for the 2013-2015 
monitoring period.
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    \3\ As part of the final rule, ``Implementation of the 2008 
National Ambient Air Quality Standards for Ozone: State 
Implementation Plan (SIP) Requirements,'' for the 2008 ozone NAAQS 
(80 FR 12264, March 6, 2015) (hereinafter, SIP Requirements Rule), 
EPA modified the maximum attainment dates for all nonattainment 
areas for the 2008 ozone NAAQS to be consistent with the United 
States Court of Appeals for the District of Columbia Circuit's (D.C. 
Circuit) decision in NRDC v. EPA, 777 F .3d 456, 464-69 (D.C. Cir. 
2014). The SIP Requirements Rule established a maximum deadline for 
marginal nonattainment areas to attain the 2008 ozone NAAQS of three 
years from the effective date of designation, or July 20, 2015. See 
80 FR at 12268; 40 CFR 51.1103. On May 4, 2016, EPA determined that 
the Washington Area did not attain the 2008 ozone NAAQS by its July 
20, 2015 attainment date, based on ambient air quality monitoring 
data for the 2012-2014 monitoring period. In that same action, EPA 
determined that the Washington Area qualified for a 1-year extension 
of its attainment date, as provided in section 181(a)(5) of the CAA 
and interpreted by regulation at 40 CFR 51.1107. With that final 
rulemaking action, the new attainment date for the Washington Area 
was July 20, 2016. See 81 FR 26697 (May 4, 2016).
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    In addition, EPA has reviewed the most recent ambient air quality 
monitoring data for ozone in the Area, including preliminary 2016-2018 
design values, as submitted by the District, Maryland, and Virginia and 
recorded in EPA's AQS. The quality-assured, quality-controlled, and 
state-certified 2014 to 2017 ozone air quality data, as well as the 
preliminary 2016-2018 design values, show that the Washington Area 
continues to attain the 2008 ozone NAAQS. This data is summarized in 
Table 1 and is also included in the docket for this rulemaking 
available online at https://www.regulations.gov, Docket ID: EPA-R03-
OAR-2018-0387.

                              Table 1--Washington Area 2014-2016, 2015-2017, and Preliminary 2016-2018 Ozone Design Values
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                                                                             Annual 4th highest reading (ppm)            2014-2016  2015-2017  2016-2018
                                                                 -------------------------------------------------------   design     design     design
         AQS site ID           Site description    Jurisdiction                                                            value      value      value
                                                                     2014       2015       2016       2017       2018      (ppm)      (ppm)    (ppm) \4\
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11-001-0041 \5\..............  420 34th Street   District of      .........  .........      0.065      0.056      0.050      0.056      0.060      0.057
                                NE, Washington,   Columbia.
                                DC 20019.
11-001-0043..................  2500 1st Street   District of          0.068      0.072      0.072      0.071      0.073      0.070      0.071      0.072
                                NW, Washington,   Columbia.
                                DC.
11-001-0050..................  300 Van Buren     District of          0.069       0.72      0.071      0.067      0.073      0.070      0.070      0.070
                                Street NW,        Columbia.
                                Washington, DC
                                20012.

[[Page 22999]]

 
24-009-0011..................  350 Stafford      Maryland.......      0.070      0.067      0.070      0.066      0.067      0.069      0.067      0.067
                                Road.
24-017-0010..................  14320 Oaks Road.  Maryland.......      0.070      0.068      0.073      0.068      0.068      0.070      0.069      0.069
24-021-0037..................  Frederick County  Maryland.......      0.063      0.070      0.070      0.067      0.067      0.067      0.069      0.068
                                Airport.
24-031-3001..................  Lathrop E. Smith  Maryland.......      0.064      0.072      0.068      0.065      0.069      0.068      0.068      0.067
                                Environmental
                                Education
                                Center.
24-033-0030..................  Howard            Maryland.......      0.065      0.072      0.070      0.069      0.070      0.069      0.070      0.069
                                University's
                                Beltsville
                                Laboratory.
24-033-8003..................  PG County         Maryland.......      0.069      0.069      0.073      0.072      0.070      0.070      0.071      0.071
                                Equestrian
                                Center.
24-033-9991..................  Powder Mill Rd    Maryland.......      0.069      0.067      0.070      0.070      0.073      0.068      0.069      0.071
                                Laurel, MD
                                20708.
51-013-0020..................  S 18th and Hayes  Virginia.......      0.071      0.073      0.072      0.070      0.070      0.072      0.071      0.070
                                St.
51-059-0030..................  STA. 46-B9, Lee   Virginia.......      0.065      0.072      0.073      0.068      0.066      0.070      0.071      0.069
                                Park, Telegraph
                                Road.
51-107-1005..................  38-I, Broad Run   Virginia.......      0.063      0.071      0.068      0.066      0.065      0.067      0.068      0.066
                                High School,
                                Ashburn.
51-153-0009..................  James S. Long     Virginia.......      0.062      0.067      0.067      0.065      0.065      0.065      0.066      0.065
                                Park.
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    \4\ As noted previously, the 2016-2018 design values are 
preliminary.
    \5\ The 2014 and 2015 data at monitoring site 11-001-0041 (also 
referred to as ``the River Terrace monitor'') is incomplete. 
Therefore, the 2016 and 2017 design values are invalid. The River 
Terrace monitor was temporarily shut down in March 2014 due to 
renovations at the monitoring site. The River Terrace monitor was 
reinstated in 2016, and began operation in May 2016. The temporary 
shutdown of the River Terrace monitor is discussed in more detail in 
the TSD for EPA's August 8, 2018 (83 FR 39019) notice of proposed 
rulemaking (NPRM), which is available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215.
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    EPA notes that the data for the PG County Equestrian Center monitor 
(AQS Site ID 24-033-8003) in Table 1 excludes data associated with 
exceptional event (EE) episodes for 8-hour ozone data influenced by the 
Fort McMurray wildfire on May 25 and 26, 2016, and northwestern Canada 
wildfires on July 21 and 22, 2016. The Maryland Department of the 
Environment (MDE) determined that the Fort McMurray and northwestern 
Canada wildfires caused elevated ozone concentrations at 16 and 12 
monitors, respectively, throughout Maryland, including the PG County 
Equestrian Center monitor. By letters and enclosures dated May 26, 2017 
and October 20, 2017, MDE submitted EE demonstrations related to the 
May and July 2016 wildfires. On December 26, 2017, EPA concurred on 
MDE's EE demonstration for numerous monitors, including the PG County 
Equestrian Center monitor.\6\ Pursuant to EPA's concurrence, EPA 
excluded certain data, affected by the wildfires, from AQS, thereby 
affecting the calculated design values at the corresponding monitors. 
Due to the exclusion of the exceptional events data, the PG County 
Equestrian Center monitor's 2014-2016 design value decreased from 0.071 
ppm to 0.070 ppm and the 2015-2017 design value and preliminary 2016-
2018 design value decreased from 0.072 ppm to 0.071 ppm.\7\ However, 
the design value at the PG County Equestrian Center monitor would have 
been below the 2008 ozone NAAQS of 0.075 ppm regardless of the 
exclusion of the exceptional events data.
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    \6\ MDE's exceptional event demonstrations and EPA's concurrence 
are included in the docket for this rulemaking, available online at 
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0387.
    \7\ This data is included in the docket for this rulemaking 
available online at https://www.regulations.gov, Docket ID: EPA-R03-
OAR-2018-0387.
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    The Washington Area's most recent monitoring data supports EPA's 
previous determination that the Area has attained, and continues to 
attain, the 2008 ozone NAAQS. In addition, as discussed in EPA's August 
8, 2018 (83 FR 39019) NPRM, the District, Maryland, and Virginia have 
committed to continue monitoring ambient ozone concentrations in 
accordance with 40 CFR part 58. Therefore, EPA is proposing to 
determine that the Washington Area continues to attain the 2008 8-hour 
ozone NAAQS, which is required by CAA section 107(d)(3)(E)(i) for 
redesignation of a nonattainment area to attainment.

B. Has the District met all applicable requirements of section 110 and 
part D of the CAA for the Washington Area and does the Washington Area 
have a fully approved SIP under section 110(k) of the CAA?

    In accordance with section 107(d)(3)(E)(v) of the CAA, in order to 
redesignate the Washington Area to attainment, the District must meet 
all requirements applicable to the Washington Area under CAA section 
110 (general SIP requirements) and part D of Title I of the CAA (SIP 
requirements for nonattainment areas). In addition, in accordance with 
section 107(d)(3)(E)(ii) of the CAA, the District's SIP for the 
Washington Area must be fully approved under CAA section 110(k).
    The September 4, 1992 Calcagni memorandum (``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) with respect to the timing of applicable requirements. 
Under this interpretation, to qualify for redesignation, states 
requesting redesignation to attainment must meet only the relevant CAA 
requirements that come due prior to the submittal of a complete 
redesignation request. See also Shapiro memorandum, September 17, 1993, 
and 60 FR 12459, 12465-12466, (March 7, 1995) (redesignation of 
Detroit-Ann Arbor).\8\ Applicable requirements of the CAA that come due 
subsequent to the area's submittal of a complete redesignation request 
remain applicable until a redesignation is approved, but are not 
required as a prerequisite to redesignation. See CAA section 175A(c). 
Sierra Club v. EPA, 375 F .3d 537 (7th Cir. 2004). See also 68 FR 
25424, 25427 (May 12, 2003) (redesignation of the St.

[[Page 23000]]

Louis/East St. Louis area to attainment of the 1-hour ozone NAAQS).
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    \8\ The Calcagni memorandum and Shapiro memorandum are included 
in the docket for this rulemaking available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0387.
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    EPA has determined that, in accordance with section 
107(d)(3)(E)(v), the District has met all SIP requirements under 
section 110 of the CAA and part D of Title I of the CAA applicable for 
purposes of the redesignation of the District's portion of the 
Washington Area. In addition, EPA has determined that, in accordance 
with CAA section 107(d)(3)(E)(ii), the District's SIP is fully approved 
with respect to all requirements applicable for purposes of this 
redesignation. In making these determinations, EPA ascertained what 
requirements are applicable to the Area and determined that the 
portions of the District's SIP meeting these requirements are fully 
approved under section 110(k) of the CAA. We note that SIPs must be 
fully approved only with respect to applicable requirements. EPA's 
rationale is discussed in more detail in the following sections.
1. The District Has Met All Applicable Requirements of Section 110 and 
Part D of the CAA Applicable to the Washington Area for Purposes of 
Redesignation
a. Section 110 General Requirements for SIPs
    Pursuant to CAA section 110(a)(1), whenever new or revised NAAQS 
are promulgated, the CAA requires states to submit a plan (i.e. 
``SIP'') for the implementation, maintenance, and enforcement of such 
NAAQS. Section 110(a)(2) of Title I of the CAA contains the general 
requirements for a SIP, also referred to as ``infrastructure'' 
requirements. The infrastructure requirements of section 110(a)(2), 
include, but are not limited to, the following: (1) Submit a SIP that 
has been adopted by the state after reasonable public notice and 
hearing; (2) include enforceable emission limitations and other control 
measures, means, or techniques necessary to meet the requirements of 
the CAA; (3) provide for establishment and operation of appropriate 
devices, methods, systems and procedures necessary to monitor ambient 
air quality; (4) provide for implementation of a source permit program 
to regulate the modification and construction of stationary sources 
within the areas covered by the plan; (5) include provisions for the 
implementation of part C prevention of significant deterioration (PSD) 
and part D nonattainment new source review (referred to as ``part D 
NNSR,'' ``NNSR,'' or ``nonattainment NSR'') permit programs; (6) 
include provisions for stationary source emission control measures, 
monitoring, and reporting; (7) include provisions for air quality 
modeling; and, (8) provide for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain certain 
measures to prevent sources in a state from significantly contributing 
to air quality problems in another state. To implement this provision, 
EPA has required certain states to establish programs to address 
transport of air pollutants, in accordance with the NOX SIP 
Call,\9\ amendments to the NOX SIP Call, May 14, 1999 (64 FR 
26298), and March 2, 2000 (65 FR 11222), and the Cross-State Air 
Pollution Rule (CSAPR) Update, October 26, 2016 (81 FR 74504). However, 
the section 110(a)(2)(D) SIP requirements are not linked with a 
particular area's ozone designation and classification. The section 
110(a)(2)(D) requirements, where applicable, continue to apply to a 
state regardless of the designation (or redesignation) of any 
particular area within the state. EPA concludes that the SIP 
requirements linked with an area's ozone designation and classification 
are the relevant measures to evaluate when reviewing a redesignation 
request for the area. Thus, the requirements of section 110(a)(2)(D) of 
the CAA are not applicable requirements for purposes of redesignation. 
See 65 FR 37890 (June 15, 2000), 66 FR 50399 (October 19, 2001), and 68 
FR 25418, 25426-25427 (May 13, 2003).
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    \9\ On October 27, 1998 (63 FR 57356), EPA finalized the 
``Finding of Significant Contribution and Rulemaking for Certain 
States in the Ozone Transport Assessment Group Region for Purposes 
of Reducing Regional Transport of Ozone'' -commonly called the 
NOX SIP Call. The NOX SIP call requires the 
District of Columbia and 22 states to reduce emissions of 
NOX in order to reduce the transport of ozone and ozone 
precursors. EPA developed the NOX Budget Trading Program, 
an allowance trading program that states could adopt to meet their 
obligations under the NOX SIP Call. The NOX 
Budget Trading Program allowed electric generating units (EGUs) 
greater than 25 megawatts and industrial non-electric generating 
units, such as boilers and turbines, with a rated heat input greater 
than 250 million British thermal units per hour (MMBtu/hr), referred 
to as ``large non-EGUs'', to participate in a regional 
NOX cap and trade program. The NOX SIP call 
also established reduction requirements for other non-EGUs, 
including cement kilns and stationary internal combustion (IC) 
engines.
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    Similarly, other section 110 elements that are neither connected 
with attainment plan submissions nor linked with an area's ozone 
attainment status are not applicable requirements for purposes of 
redesignation. An area that is redesignated from nonattainment to 
attainment will remain subject to these statewide requirements after 
the area is redesignated to attainment of the 2008 ozone NAAQS. The 
section 110(a)(2) requirements that are linked to the area's 
designation and classification are the relevant measures to evaluate in 
reviewing a redesignation request. The section 110(a)(2) elements not 
linked to the area's nonattainment status are not applicable for 
purposes of redesignation. This approach is consistent with EPA's 
existing policy on applicability (e.g., for redesignations) of 
conformity and oxygenated fuels requirements, as well as with section 
184 ozone transport region (OTR) requirements. See, e.g., Reading, 
Pennsylvania, proposed and final rulemakings for redesignation, 61 FR 
53174-53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); 
Cleveland-Akron-Lorain, Ohio, final rulemaking for redesignation, 61 FR 
20458 (May 7, 1996); and Tampa, Florida final rulemaking for 
redesignation, 60 FR 62748 (December 7, 1995). For further information 
and analysis, see the discussion of this issue in the Cincinnati, Ohio 
ozone redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh, 
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
    EPA has reviewed the District's SIP and concludes that it meets the 
general SIP requirements under section 110 of the CAA, to the extent 
those requirements are applicable for purposes of redesignation. On 
April 13, 2015 and August 31, 2018, EPA approved elements of the 
District's SIP submittal addressing the section 110(a)(2) requirements 
for the 2008 ozone NAAQS. See 80 FR 19538 (April 13, 2015) and 83 FR 
44498 (August 31, 2018).\10\ As explained previously, the general 
requirements of section 110(a)(2) are statewide requirements that are 
not linked to the 2008 8-hour ozone nonattainment status of the 
Washington Area and are therefore not ``applicable requirements'' for 
purpose of the review of the District's 2008 ozone NAAQS redesignation 
request.

[[Page 23001]]

Because the District's SIP satisfies all of the general SIP elements 
and requirements set forth in CAA section 110(a)(2) applicable to and 
necessary for redesignation, EPA concludes that the District has 
satisfied the criterion of section 107(d)(3)(E)(v) regarding section 
110 of the CAA.
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    \10\ EPA's April 13, 2015 final rule approved the District's 
infrastructure SIP submittal as satisfying all requirements of CAA 
section 110(a)(2) for the 2008 ozone NAAQS, except for the 
requirements under CAA section 110(a)(2)(D)(i)(I) and the PSD-
related portions of section 110(a)(2)(C), (D)(i)(II), (D)(ii), and 
(J). See 80 FR 19538. In that final rule, EPA did not take 
rulemaking action on the portion of the District's infrastructure 
SIP submittal related to PSD, however, EPA notes that the District 
is subject to a Federal implementation plan (FIP) which incorporates 
the Federal PSD permitting requirements of 40 CFR 52.21 into the 
District's SIP. See 40 CFR 52.499. EPA's August 31, 2018 final rule 
approved the District's infrastructure SIP submittal as satisfying 
the requirement of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone 
NAAQS. See 83 FR 44498.
---------------------------------------------------------------------------

b. Part D Requirements
    Areas designated nonattainment for the ozone NAAQS are subject to 
the applicable nonattainment area and ozone-specific planning 
requirements of part D of the CAA. Section 172-176 of the CAA, found in 
subpart 1 of part D, set forth the basic nonattainment requirements for 
all nonattainment areas. Section 172(c), under part D of the CAA, sets 
forth the basic requirements of air quality plans for states with 
nonattainment areas for all pollutants that are required to submit 
plans pursuant to section 172(b). Section 182 of the CAA, found in 
subpart 2 of part D, establishes specific requirements for ozone 
nonattainment areas depending on the areas' nonattainment 
classifications.\11\ The Washington Area was classified as marginal 
under subpart 2 of part D of the CAA for the 2008 ozone NAAQS. As such, 
the Area is subject to the subpart 1 requirements contained in CAA 
sections 172(c) and 176. The Area is also subject to the subpart 2 
requirements contained in CAA section 182(a) (marginal nonattainment 
area requirements), which include, but are not limited to, submitting a 
baseline emissions inventory, adopting a SIP requiring emissions 
statements from stationary sources, and implementing a NNSR program for 
the relevant ozone standard. A thorough discussion of the requirements 
contained in CAA section 172(c) and 182 can be found in the General 
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992).
---------------------------------------------------------------------------

    \11\ Ozone nonattainment areas are classified based on the 
severity of their ozone levels (as determined based on the area's 
``design value,'' which represents air quality in the area for the 
most recent 3 years). The possible classifications for ozone 
nonattainment areas are Marginal, Moderate, Serious, Severe, and 
Extreme. See CAA section 181(a)(1).
---------------------------------------------------------------------------

    Additionally, states located in the OTR, which includes the 
District,\12\ are also subject to the requirements of CAA section 184. 
All areas located in the OTR, both attainment and nonattainment, are 
subject to additional control requirements under section 184 for the 
purpose of reducing interstate transport of emissions that may 
contribute to downwind ozone nonattainment. The section 184 
requirements include reasonable available control technology (RACT), 
NNSR, enhanced vehicle inspection and maintenance (I/M), and State II 
vapor recovery or a comparable measure relating to gasoline dispensing 
facilities.
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    \12\ The OTR is comprised of the states of Connecticut, 
Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, 
New York, Pennsylvania, and the Consolidated Metropolitan 
Statistical Area, which includes the District of Columbia and 
portions of Virginia. The areas designated as in the Virginia 
portion of the OTR are as follows: Arlington County, Fairfax County, 
Loudoun County, Prince William County, Stafford County, Alexandria 
City, Fairfax City, Falls Church City, Manassas City, and Manassas 
Park City. See, e.g. ``Approval and Promulgation of Air Quality 
Implementation Plans; Virginia; NSR in the Ozone Transport Region'', 
71 FR 39570 (July 13, 2006) and 71 FR 890 (January 6, 2006).
---------------------------------------------------------------------------

    EPA has interpreted the section 184 OTR requirements, including the 
NNSR program, as not being applicable for purposes of redesignation. 
The rationale for this is based on two considerations. First, the 
requirement to submit SIP revisions for the section 184 requirements 
continues to apply to areas in the OTR even after redesignation to 
attainment. Therefore, states remain obligated to have NNSR, as well as 
RACT, and I/M programs, even after redesignation. Second, the section 
184 control measures are region-wide requirements and do not apply to 
the area by virtue of the area's designation and classification, and 
thus are properly considered not relevant to an action changing an 
area's designation. See 61 FR 53174, 53175-53176 (October 10, 1996) and 
62 FR 24826, 24830-24832 (May 7, 1997).
i. CAA Section 172 Requirements
    CAA section 172(c) contains general requirements for nonattainment 
plans. As stated previously, a thorough discussion of these 
requirements may be found in the General Preamble for Implementation of 
Title I (57 FR 13498, April 16, 1992). As provided in CAA part D, 
subpart 2, for marginal ozone nonattainment areas such as the 
Washington Area, the ozone specific requirements of section 182(a) 
supersede (where overlapping) the attainment planning requirements that 
would otherwise apply under section 172(c).
    Upon determination by EPA that the Washington Area attained the 
2008 ozone NAAQS, the requirements of CAA section 172(c) for the 
District to submit for their portion of the Washington Area an 
attainment demonstration and associated reasonably available control 
measures (RACM), a reasonable further progress (RFP) plan, contingency 
measures for failure to attain or make reasonable progress, and other 
planning SIPs related to attainment of the 2008 ozone NAAQS were 
suspended. See 40 CFR 51.1118. Once the Area is redesignated to 
attainment for the 2008 ozone NAAQS, these requirements no longer apply 
for the 2008 ozone NAAQS unless EPA determines that the Area has 
violated the 2008 ozone NAAQS, at which time such plans are required to 
be submitted. As stated previously, on November 14, 2017 (82 FR 52651), 
EPA determined that the Washington Area had attained the 2008 ozone 
NAAQS by the July 20, 2016 attainment date. Furthermore, as explained 
in section III.A of this action, the Washington Area continues to 
attain the 2008 ozone NAAQS. Therefore, because the Washington Area has 
attained the 2008 ozone NAAQS and the Area continues to attain the 
standard, no additional measures are needed to provide for attainment 
and the requirements of section 172(c)(1), 172(c)(2), 172(c)(6), and 
172(c)(9) are not considered to be applicable for purposes of 
redesignation of the Washington Area for the 2008 ozone NAAQS.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions from 
all sources of the relevant pollutant or pollutants in the area. This 
requirement was not suspended by EPA's determination of attainment for 
the Washington Area and is superseded by the inventory requirement in 
section 182(a)(1) discussed later in this notice.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified sources in an area, and 
section 172(c)(5) requires source permits for the construction and 
operation of new and modified major stationary sources anywhere in the 
nonattainment area. EPA has determined that, since PSD requirements 
will apply after redesignation, areas being redesignated need not 
comply with the requirement that a NNSR program be approved prior to 
redesignation, provided that the area demonstrates maintenance of the 
NAAQS without NNSR. A more detailed rationale for this view is 
described in a memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation, dated October 14, 1994, entitled, ``Part D New 
Source Review Requirements for Areas Requesting Redesignation to 
Attainment.'' The District lacks a SIP-approved PSD program; however, 
it is subject to a FIP which incorporates EPA's PSD permitting 
requirements of 40 CFR 52.21. See 40 CFR 52.499.
    In addition, as explained previously, the Washington Area is 
included in the

[[Page 23002]]

OTR established by Congress in section 184 of the CAA. Therefore, 
sources located in the District will remain subject to the part D NNSR 
requirements even after the Washington Area is redesignated to 
attainment. Since the part D NNSR requirements apply to the Washington 
Area regardless of its attainment status, the part D NNSR requirements 
are not considered to be relevant for purposes of the redesignation of 
the Washington Area. Regardless, the District has an approved part D 
NNSR program.\13\ See 62 FR 40937 (July 31, 1977).
---------------------------------------------------------------------------

    \13\ On May 23, 2018 the District submitted a SIP revision 
certifying that 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), is at least as 
stringent as the Federal NNSR requirements for the Washington Area 
for the 2008 ozone NAAQS. See 40 CFR 51.165. EPA proposed approval 
of the District's NNSR program certification for the 2008 ozone 
NAAQS on March 19, 2019. 84 FR 9995.
---------------------------------------------------------------------------

    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted previously, the District's 
SIP meets the applicable requirements of section 110(a)(2) for purposes 
of redesignation.
ii. CAA Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that Federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects that are developed, funded, or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other Federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement, and enforceability 
that EPA promulgated pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \14\ as not 
applicable for purposes of evaluating a redesignation request under 
section 107(d) because state conformity rules are still required after 
redesignation and Federal conformity rules apply where state conformity 
rules have not been approved. See Wall v. EPA, 265 F .3d 426 (6th Cir. 
2001) (upholding this interpretation); see also 60 FR 62748 (December 
7, 1995) (redesignation of Tampa, Florida).
---------------------------------------------------------------------------

    \14\ CAA section 176(c)(4)(E) requires states to submit 
revisions to their SIPs to reflect certain Federal criteria and 
procedures for determining transportation conformity. Transportation 
conformity SIPs are different from SIPs requiring the development of 
Motor Vehicle Emission Budgets (MVEBs), such as control strategy 
SIPs and maintenance plans.
---------------------------------------------------------------------------

iii. Section 182 Requirements
    Section 182(a)(1) requires states to submit a comprehensive, 
accurate, and current inventory of actual emissions from sources of 
NOX and VOC emitted within the boundaries of the ozone 
nonattainment area. On July 17, 2014, the District and Virginia 
submitted a joint 2011 base year emissions inventory addressing 
NOX and VOC emissions, as well as carbon monoxide (CO) 
emissions, for the Washington Area. On August 4, 2014, Maryland 
submitted its 2011 base year emissions inventory for the Washington 
Area, which also addressed NOX, VOC, and CO. EPA approved 
the District's, Maryland's, and Virginia's base year emissions 
inventories for NOX and VOC for the 2008 ozone NAAQS on May 
13, 2015 (80 FR 27255). On July 23, 2015 (80 FR 43625), EPA approved 
the District's, Maryland's, and Virginia's base year emission 
inventories for CO.
    Under section 182(a)(2)(A), states with ozone nonattainment areas 
that were designated prior to the enactment of the 1990 CAA amendments 
were required to submit, within six months of classification, all rules 
and corrections to existing RACT rules that were required under section 
172(b)(3) prior to the 1990 CAA amendments. EPA approved the District's 
SIP revision satisfying the section 182(a)(2) RACT ``fix-up'' 
requirement on October 27, 1999 (64 FR 57777).
    Section 182(c)(3) of the CAA requires areas classified as serious 
and above to adopt and implement an enhanced I/M program. The 
Washington Area was classified as severe for the 1979 1-hour ozone 
NAAQS, and therefore enhanced I/M was required. In addition, section 
184(b)(1)(a) of the CAA requires areas located in the OTR that are a 
metropolitan statistical area, or part thereof, with a population of 
100,00 or more to meet the enhanced I/M program requirements of CAA 
section 182(c)(3). EPA approved the District's enhanced I/M program 
into the District's SIP on June 11, 1999 (64 FR 31498).
    CAA section 182(a)(2)(C) and section 182(a)(4) contain source 
permitting and offset requirements (NNSR). As discussed previously, the 
part D NNSR requirements will continue to apply to the Washington Area, 
regardless of attainment status, due to the Washington Area being part 
of the OTR. Therefore, EPA concludes that the District need not have a 
fully approved part D NSR program for purposes of this redesignation 
request. As stated previously, however, the District has an approved 
NNSR program. See 62 FR 40937 (July 31, 1997).
    Section 182(a)(3) requires states to submit periodic emission 
inventories and a revision to the SIP to require owners or operators of 
stationary sources to annually submit emission statements documenting 
actual NOX and VOC emissions. The District submits periodic 
emission inventories as required by CAA section 182(a)(3). As stated 
above, EPA approved the District's, Maryland's, and Virginia's base 
year emissions inventories for NOX and VOC for the 2008 
ozone NAAQS on May 13, 2015 (80 FR 27255). With regard to the 
stationary source emissions statements requirement of CAA section 
182(a)(3)(B), EPA approved the District's emissions statements rule 
into the District's SIP on May 26, 1995 (60 FR 27944). The District's 
emissions statements rule requires that certain sources in the District 
report annual NOX and VOC emissions and satisfies the 
requirements of CAA section 182(a)(3)(B). On May 25, 2018, the District 
submitted, as a formal revision to its SIP, a statement certifying that 
the District's existing emissions statements rule covers the District's 
portion of the Washington Area and satisfies the requirements of CAA 
section 182(a)(3)(B) for the 2008 ozone NAAQS. EPA proposed approval of 
the District's emissions statements certification for the 2008 ozone 
NAAQS (finding that the District's existing SIP-approved emissions 
statements rule satisfies the CAA section 182(a)(3) requirements for 
the 2008 ozone NAAQS) on March 5, 2019 (84 FR 7858).\15\
---------------------------------------------------------------------------

    \15\ While not prejudging the outcome of EPA's rulemaking on the 
District's May 25, 2018 emissions statements certification for the 
2008 ozone NAAQS, EPA expects to finalize rulemaking on that SIP 
revision before taking final action on this redesignation action.
---------------------------------------------------------------------------

    The District has satisfied all applicable SIP requirements under 
section 110 and part D of title I of the CAA for purposes of 
redesignation of the District for the 2008 ozone NAAQS. Therefore, EPA 
has determined that the District satisfies the requirements of CAA 
section 107(d)(3)(E)(v) for redesignation of the District's portion of 
the Washington Area.
2. The District Has a Fully Approved SIP for Purposes of Redesignation 
Under Section 110(k) of the CAA
    At various times, the District has adopted and submitted, and EPA 
has approved, provisions addressing the

[[Page 23003]]

various SIP elements applicable for the ozone NAAQS. As discussed 
previously, EPA has approved the District's SIP for the 2008 ozone 
NAAQS under section 110(k) for all requirements applicable for purposes 
of redesignation of the Washington Area.\16\ EPA may rely on prior SIP 
approvals in approving a redesignation request (see the Calcagni 
memorandum at page 3; Southwestern Pennsylvania Growth Alliance v. 
Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 
426), plus any additional measures it may approve in conjunction with a 
redesignation action (see 68 FR 25426 (May 12, 2003) and citations 
therein).
---------------------------------------------------------------------------

    \16\ See Footnote 8.
---------------------------------------------------------------------------

    Therefore, EPA has determined that the District's SIP is fully 
approved with respect to all requirements applicable for purposes of 
redesignation in accordance with CAA section 107(d)(3)(E)(ii).

C. Are the air quality improvements in the Washington Area due to 
permanent and enforceable emission reductions?

    To redesignate an area from nonattainment to attainment, section 
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air 
quality improvement in the area is due to permanent and enforceable 
reductions in emissions resulting from the implementation of the SIP 
and applicable Federal air pollution control regulations and other 
permanent and enforceable emission reductions. The District has 
demonstrated that the observed ozone air quality improvement in the 
Washington Area is due to permanent and enforceable reductions in 
NOX and VOC emissions resulting from measures approved as 
part of the District's SIP as well as Federal measures.
    In making this demonstration, the District has calculated the 
change in emissions between 2011 and 2014. The change in emissions is 
shown in Table 2. The District attributes the decrease in emissions and 
corresponding improvement in air quality during this time period to a 
number of regulatory measures that have been implemented in the 
Washington Area and upwind areas in recent years. Based on the 
information summarized in the following sections, the District has 
adequately demonstrated that the improvement in air quality is due to 
permanent and enforceable emissions reductions pursuant to CAA section 
107(d)(3)(E)(iii).
1. Permanent and Enforceable Emission Controls Implemented
a. Federal Emission Control Measures
    A variety of Federal and state control programs have contributed to 
reduced on-road, point source, and nonroad emissions of NOX 
and VOC in the Washington Area, with additional emission reductions 
expected to occur in the future as older equipment and vehicles are 
replaced with newer, compliant models. Federal emission control 
measures include the following:
Tier 2 Motor Vehicle Emissions Standards and Gasoline Sulfur Control 
Requirements
    On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2 motor 
vehicle emission standards and gasoline sulfur control requirements. 
These emission control requirements result in lower NOX and 
VOC emissions from new cars and light duty trucks, including sport 
utility vehicles. With respect to fuels, this rule required refiners 
and importers of gasoline to meet lower standards for sulfur in 
gasoline, which were phased in between 2004 and 2006. By 2006, refiners 
were required to meet a 30 ppm average sulfur level, with a maximum cap 
of 80 ppm. This reduction in fuel sulfur content ensures the 
effectiveness of low emission-control technologies. The Tier 2 tailpipe 
standards established in this rule were phased in for new vehicles 
between 2004 and 2009. EPA estimated in the final rule that this 
program will reduce annual NOX emissions by about 2.2 
million tons per year in 2020 and 2.8 million tons per year in 2030 
after the program is fully implemented and non-compliant vehicles have 
all been retired.
Control of Emissions From Nonroad Spark-Ignition Engines and Equipment
    On October 8, 2008 (73 FR 59034), EPA finalized emission standards 
for new nonroad spark-ignition engines. The exhaust emission standards 
applied beginning in 2010 for new marine spark-ignition engines and in 
2011 and 2012 for different sizes of new land-based, spark-ignition 
engines at or below 19 kW (i.e. small engines used primarily in lawn 
and garden applications). In the October 8, 2008 final rule, EPA 
estimated that by 2030 the rule will result in annual nationwide 
reductions of 604,000 tons of volatile organic hydrocarbon emissions, 
132,200 tons of NOX emissions, and 5,500 tons of directly-
emitted PM2.5 emissions. These reductions correspond to 
significant reductions in the formation of ground-level ozone.
Nonroad Diesel Engines Tier 1 and Tier 2
    On June 17, 1994 (59 FR 31306), EPA made an affirmative 
determination under section 213(a)(2) of the CAA that nonroad engines 
are significant contributors to ambient ozone or CO levels in more than 
one nonattainment area. In the same notice, EPA also made a 
determination under CAA section 213(a)(4) that other emissions from 
compression-ignition (CI) nonroad engines rated at or above 37 
kilowatts (kW) cause or contribute to air pollution that may reasonably 
be anticipated to endanger public health or welfare. In the June 17, 
1994 final rule, EPA set a first phase of emission standards (Tier 1 
standards) for nonroad diesel engines rated 37 kW and above. These 
standards apply to nonroad, compression-ignition (i.e. diesel-powered) 
utility engines including, but not limited to, farm, construction, and 
industrial equipment, rated at or above 37 kW. On October 23, 1998 (63 
FR 56968), EPA finalized a second phase of emission standards (Tier 2 
standards) for nonroad diesel engines rated under 37 kW. These emission 
standards have resulted in a decrease in NOX emissions from 
the combustion of diesel fuel used to power this equipment. The Tier 1 
and Tier 2 standards for nonroad diesel engines will continue to result 
in emission reductions as older equipment is replaced with newer, 
compliant models.
Emissions Standards for Large Spark Ignition Engines
    On November 8, 2002 (67 FR 68242), EPA established emission 
standards for large spark-ignition engines such as those used in 
forklifts and airport ground-service equipment; recreational vehicles 
using spark-ignition engines such as off-highway motorcycles, all-
terrain vehicles, and snow mobiles; and recreational marine diesel 
engines. These emission standards were phased in from model year 2004 
through 2012. When the emission standards are fully implemented in 
2030, EPA expects a national 75 percent reduction in hydrocarbon (HC) 
emissions, 82 percent reduction in NOX emissions, 61 percent 
reduction in CO emissions, and a 60 percent reduction in direct 
particulate matter (PM) emissions from these engines, equipment, and 
vehicles compared to projected emissions if the standards were not 
implemented.
Standards for Reformulated and Conventional Gasoline
    On February 16, 1994 (59 FR 7716), EPA finalized regulations 
requiring that gasoline in certain areas be reformulated

[[Page 23004]]

to reduce vehicle emissions of toxic and ozone-forming compounds, 
including NOX and VOC. Reformulated gasoline (RFG) is 
required in the Washington Area. The first phase of the RFG program 
(Phase I) began in 1995 and the second phase (Phase II) began in 2000. 
These standards affect various gasoline-powered non-road mobile 
sources, such as lawn equipment, generators, and compressors. EPA 
estimates that Phase I of the RFG program resulted in a 2 percent and 
17 percent annual reduction in NOX, and VOCs, respectively, 
from 1995 emission levels and prevented 64,000 tons of smog-forming 
pollutants, including NOX and VOC, from being emitted into 
the air from 1995 to 2000. Phase II of the RFG program, which began in 
2000, was expected to reduce emissions of NOX and VOC by 7 
percent and 27 percent, respectively, from 1995 emission levels and 
reduce emissions of smog-forming pollutants by an additional 41,000 
tons.\17\ The RFG program continues to provide emission reductions in 
the Washington Area as the use of RFG results in less vehicle emissions 
of NOX and VOC compared to the use of conventional gasoline.
---------------------------------------------------------------------------

    \17\ See https://www.epa.gov/gasoline-standards/reformulated-gasoline for more information on the RFG program.
---------------------------------------------------------------------------

Emission Standards for Locomotives and Locomotive Engines
    On April 16, 1998 (63 FR 18978), EPA established emission standards 
for NOX, HC, CO, PM, and smoke from newly manufactured and 
remanufactured diesel-powered locomotives and locomotive engines. These 
emission standards were effective in 2000 and are expected to result in 
a more than 60 percent reduction in NOX emissions from 
locomotives by 2040 compared to 1995 baseline levels.
b. Control Measures Specific to the Washington Area
Maryland Healthy Air Act
    In addition to the measures referenced previously, a reduction of 
emission of ozone precursors can also be attributed to the Maryland 
Healthy Air Act (Annotated Code of Maryland Environment Title 2 Ambient 
Air Quality Control Subtitle 10 Healthy Air Act Sections 2-1001 to 2-
1005, with implementing regulations at COMAR 26.11.27 Emission 
Limitations for Power Plants). The Maryland Health Air Act (HAA) was 
effective on July 16, 2007 and approved by EPA on September 4, 2008 (73 
FR 51599). The HAA established limits on the amount of NOX 
and SO2 emissions affected facilities in Maryland could emit 
and required the installation of on-site pollution controls at 15 power 
plants in Maryland. The first phase of the HAA occurred between 2009 
and 2010 and reduced NOX emissions from affected sources by 
almost 70% compared to 2002 levels. The second phase of the HAA 
occurred between 2012 and 2013. Maryland estimates that the HAA will 
reduce NOX emissions by approximately 75% from 2002 levels.
Closure of GenOn Potomac River LLC Facility
    The decrease in emissions of ozone precursors is also attributable 
to the closure of the GenOn Potomac River plant located in Alexandria, 
Virginia. This 482-megawatt electrical generating facility consisted of 
five coal-fired boilers and emitted 557.7 tons of NOX 
annually and 2.7 tons of NOX per ozone season day (tpd) in 
2011. The plant ceased operations and signed a mutual determination 
letter on December 21, 2012, agreeing to the permanent shutdown of the 
source and revoking all permits for the facility.\18\ Therefore, this 
closure is permanent and Federally enforceable.
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    \18\ See Mutual Determination Letter from Virginia Department of 
Environmental Quality to Mr. William Lee Davis, President, GenOn 
Potomac River, LLC, Subject: Mutual Determination of Permanent 
Shutdown of the Potomac River Generating Station, December 20, 2012 
included in the docket for this rulemaking available online at 
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0387.
---------------------------------------------------------------------------

2. Emission Reductions
    The District calculated the change in emissions between 2011 and 
2014 throughout the entire Washington Area to demonstrate that air 
quality has improved. The change in emissions is shown in Table 2. The 
District used the 2011 base year emissions inventory for the Washington 
Area as the nonattainment year inventory because 2011 was one of the 
three years used to designate the area nonattainment for the 2008 ozone 
NAAQS. EPA approved the Washington Area 2011 base year inventory as 
meeting the requirements of CAA section 182(a)(1) on May 13, 2015 (80 
FR 27276) for NOX and VOC emissions and July 23, 2015 (80 FR 
43625) for CO emissions. As explained in EPA's August 8, 2018 (83 FR 
39019) NPRM, 2014 was used as the attainment year inventory in the 
maintenance plan for the Washington Area.

Table 2--2011-2014 Emissions Reduction for the Washington, DC-MD-VA Area
------------------------------------------------------------------------
                                                               Percent
                2011                    2014      [Delta]     reduction
                                                 2011-2014    from 2011
------------------------------------------------------------------------
VOC Emissions (tpd).....................................................
------------------------------------------------------------------------
295.0..............................      259.4         35.6         12.1
------------------------------------------------------------------------
NOX Emissions (tpd).....................................................
------------------------------------------------------------------------
436.5..............................      296.9        139.6         32.0
------------------------------------------------------------------------
CO Emissions (tpd)......................................................
------------------------------------------------------------------------
1,800.8............................    1,617.9        182.9         10.2
------------------------------------------------------------------------
Note: 2011 emissions data is from the 2011 base year emissions inventory
  for the Washington, DC-MD-VA 2008 ozone NAAQS nonattainment area that
  was approved by EPA on May 13, 2015 (80 FR 27276) for NOX and VOC
  emissions and July 23, 2015 (80 FR 43625) for CO emissions.


[[Page 23005]]

    Table 2 shows that emissions of VOC and NOX in the 
Washington area were reduced by 35.6 tpd and 139.6 tpd, respectively, 
between 2011 and 2014. As discussed previously, the District has 
identified several Federal rules that resulted in the reduction of 
NOX and VOC emissions from 2011 to 2014. Therefore, the 
District has shown that the air quality improvements in the Washington 
Area are due to permanent and enforceable emission reductions.

D. Does the District have a fully approvable ozone maintenance plan for 
the Washington Area?

    As one of the criteria for redesignation to attainment, section 
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has 
a fully approved maintenance plan pursuant to section 175A of the CAA. 
Section 175A of the CAA sets forth the elements of a maintenance plan 
for areas seeking redesignation from nonattainment to attainment. Under 
CAA section 175A, the maintenance plan must demonstrate continued 
attainment of the NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment of the NAAQS will continue for an 
additional 10 years beyond the initial 10-year maintenance period. To 
address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures, as EPA deems necessary, to 
assure prompt correction of the future NAAQS violation.
    The Calcagni memorandum provides further guidance on the content of 
a maintenance plan, explaining that a maintenance plan should address 
five elements: (1) An attainment emission inventory; (2) a maintenance 
demonstration; (3) a commitment for continued air quality monitoring; 
(4) a process for verification of continued attainment; and (5) a 
contingency plan.
    In conjunction with their requests to redesignate their respective 
portions of the Washington Area to attainment of the 2008 ozone NAAQS, 
the District, Maryland, and Virginia submitted, as a revision to their 
SIPs, a plan to provide for maintenance of the 2008 ozone NAAQS through 
2030, which is more than 10 years after the expected effective date of 
the redesignation to attainment of the Washington Area. On April 15, 
2019, EPA approved the District, Maryland, and Virginia's maintenance 
plan for the Washington Area as a revision to the District's, 
Maryland's, and Virginia's SIPs. See 84 FR 15108. Therefore, EPA finds 
that the District has satisfied the maintenance plan requirement of CAA 
section 107(d)(3)(E)(iv) for redesignation of the Washington Area.

IV. Proposed Action

    EPA is proposing to approve the District's March 12, 2018 request 
to redesignate to attainment the District's portion of the Washington 
Area. EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

V. Statutory and Executive Order Reviews

    Under the CAA, the redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act 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 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 proposed rule, proposing approval of the 
District's March 12, 2018 redesignation request for the District's 
portion of the Washington Area, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 9, 2019.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2019-10466 Filed 5-20-19; 8:45 am]
BILLING CODE 6560-50-P


