
[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Proposed Rules]
[Pages 9995-9999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05040]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0754; FRL-9990-98-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Nonattainment New Source Review Requirements for 
2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the District of Columbia's state implementation 
plan (SIP). The revision is in response to EPA's February 3, 2017 
Findings of Failure to Submit for various requirements relating to the 
2008 8-hour ozone national ambient air quality standards (NAAQS). This 
SIP revision is specific to nonattainment new source review (NNSR) 
requirements. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 18, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0754 at http://www.regulations.gov, or via email to 
maldonado.zelma@epa.gov. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

[[Page 9996]]


FOR FURTHER INFORMATION CONTACT: Amy Johansen, (215) 814-2156, or by 
email at johansen.amy@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 23, 2018, the Department of Energy and Environment (DOEE) 
submitted on behalf of the District of Columbia (District) a formal SIP 
revision, requesting EPA's approval of its NNSR Certification for the 
2008 8-hour ozone NAAQS. This SIP revision is in response to EPA's 
final 2008 8-hour ozone NAAQS Findings of Failure to Submit for NNSR 
requirements. See 82 FR 9158 (February 3, 2017). Specifically, the 
District is certifying that its existing NNSR program, covering the 
District portion of the Washington, DC-MD-VA Nonattainment Area 
(Washington Area) for the 2008 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 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements'' (SIP 
Requirements Rule), for ozone and its precursors.1 2 See 80 
FR 12264 (March 6, 2015).
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 8-hour ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
    \2\ On February 16, 2018, the United States Court of Appeals for 
the District of Columbia Circuit (D.C. Cir. Court or Court) issued 
an opinion on the EPA's SIP Requirements Rule. South Coast Air 
Quality Mgmt. Dist. v. EPA, 882 F.3d 1138, 2018 U.S. App. LEXIS 3636 
(D.C. Cir. Feb. 16, 2018). The D.C. Cir. Court found certain 
provisions from the SIP Requirements Rule to be inconsistent with 
the statute or unreasonable and vacated those provisions. Id. The 
Court found other parts of the SIP Requirements Rule unrelated to 
this action reasonable and denied the petition for appeal on those 
provisions. Id.
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A. 2008 8-Hour Ozone NAAQS

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR 50.15, the 2008 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 0.075 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 2008 8-hour ozone NAAQS on 
May 21, 2012 (effective July 20, 2012) using 2008-2010 ambient air 
quality data. See 77 FR 30088. On March 6, 2015, 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 
2008 8-hour ozone NAAQS. See 80 FR 12264. Areas that were designated as 
marginal ozone nonattainment areas were required to attain the 2008 8-
hour ozone NAAQS no later than July 20, 2015, based on 2012-2014 
monitoring data. See 40 CFR 51.1103. The Washington Area did not attain 
the 2008 8-hour ozone NAAQS by July 20, 2015; however, the area did 
meet the CAA section 181(a)(5) criteria, as interpreted in 40 CFR 
51.1107, for a one-year attainment date extension. See 81 FR 26697 (May 
4, 2016). Therefore, on April 11, 2016, the EPA Administrator signed a 
final rule extending the Washington Area 8-hour ozone NAAQS attainment 
date from July 20, 2015 to July 20, 2016. Id.\3\
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    \3\ EPA approved a Determination of Attainment (DOA) for the 
2008 8-hour ozone NAAQS for the Washington Area. This action was 
based on complete, certified, and quality assured ambient air 
quality monitoring data for the 2013-2015 monitoring period. See 82 
FR 52651 (November 14, 2017). It should be noted that a DOA does not 
alleviate the need for the District to certify that their existing 
SIP approved NNSR program is as stringent as the requirements at 40 
CFR 51.165, as NNSR applies in nonattainment areas until an area has 
been redesignated to attainment.
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    Based on initial nonattainment designations for the 2008 8-hour 
ozone NAAQS, as well as the March 6, 2015 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 2008 8-hour ozone NAAQS 
(i.e., July 20, 2015).\4\ See 80 FR 12264 (March 6, 2015). EPA is 
proposing to approve the District's May 23, 2018 NNSR Certification SIP 
revision. EPA's analysis of how this SIP revision addresses the NNSR 
requirements for the 2008 8-hour ozone NAAQS is provided in Section II 
below.
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    \4\ Neither the District's obligation to submit the NNSR 
Certification SIP nor the requirements governing that submission 
were affected by the D.C. Circuit's February 16, 2018 decision on 
portions of the SIP Requirements Rule in South Coast Air Quality 
Mgmt. Dist. v. EPA.
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B. 2017 Findings of Failure To Submit SIP for the 2008 8-Hour Ozone 
NAAQS

    Areas designated nonattainment for the ozone NAAQS are subject to 
the general nonattainment area planning requirements of CAA section 172 
and also to the ozone-specific planning requirements of CAA section 
182.\5\ States in the ozone transport region (OTR), such as the 
District, are additionally subject to the requirements outlined in CAA 
section 184.
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    \5\ 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 three years). The possible classifications for ozone 
nonattainment areas are Marginal, Moderate, Serious, Severe, and 
Extreme. See CAA section 181(a)(1).
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    Ozone nonattainment areas in the lower classification levels have 
fewer and/or less stringent mandatory air quality planning and control 
requirements than those in higher classifications. For marginal areas, 
such as the Washington Area, a state is required to submit a baseline 
emissions inventory, adopt a SIP requiring emissions statements from 
stationary sources, and implement a NNSR program for the relevant ozone 
standard. See CAA section 182(a). For each higher ozone nonattainment 
classification, a state needs to comply with all lower area 
classification requirements, plus additional emissions controls and 
more expansive NNSR offset requirements.
    The CAA sets out specific requirements for states in the OTR.\6\ 
Upon promulgation of the 2008 8-hour ozone NAAQS, states in the OTR 
were required to submit a SIP revision addressing reasonable available 
control technology (RACT). See 40 CFR 51.1116. This requirement is the 
only recurring obligation for an OTR state upon revision of a NAAQS, 
unless that state also contains some portion of a nonattainment area 
for the revised NAAQS.\7\ In that case, the nonattainment requirements 
described previously also apply to those portions of that state (the 
District in this case).
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    \6\ CAA section 184 details specific requirements for a group of 
states (and the District of Columbia) that make up the OTR. States 
in the OTR are required to submit RACT SIP revisions and mandate a 
certain level of emissions control for the pollutants that form 
ozone, even if the areas in the state meet the ozone standards. 
While not the subject of this action, the District did submit their 
OTR RACT SIP to EPA on August 30, 2018. This SIP revision will be 
acted on in a separate rulemaking action.
    \7\ NNSR requirements continue to apply in the OTR. See CAA 
section 184(b).
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    In the March 6, 2015 SIP Requirements Rule, EPA detailed the 
requirements applicable to ozone nonattainment areas, as well as

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requirements that apply in the OTR, and provided specific deadlines for 
SIP submittals. See 80 FR 12264.
    On February 3, 2017, EPA found that 15 states and the District of 
Columbia failed to submit SIP revisions in a timely manner to satisfy 
certain requirements for the 2008 8-hour ozone NAAQS that apply to 
nonattainment areas and/or states in the OTR. See 82 FR 9158. As 
explained in that rulemaking action, consistent with the CAA and EPA 
regulations, these Findings of Failure to Submit established certain 
deadlines for the imposition of sanctions, if a state does not submit a 
timely SIP revision addressing the requirements for which the finding 
is being made, and for the EPA to promulgate a Federal implementation 
plan (FIP) to address any outstanding SIP requirements.
    EPA found, inter alia, that the District failed to submit SIP 
revisions in a timely manner to satisfy NNSR requirements for the 
Washington Area.\8\ The District submitted its May 23, 2018 SIP 
revision to address the specific NNSR requirements for the 2008 8-hour 
ozone NAAQS, located in 40 CFR 51.160-165, as well as its obligations 
under EPA's February 3, 2017 Findings of Failure to Submit. EPA's 
analysis of how this SIP revision addresses the NNSR requirements for 
the 2008 8-hour ozone NAAQS and the Findings of Failure to Submit is 
provided in Section II of this rulemaking action.
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    \8\ The EPA found that the District also failed to submit SIP 
revisions for the Control Techniques Guidelines (CTG) for volatile 
organic compound (VOC) RACT (for all 44 CTGs), Non-CTG VOC RACT for 
Major Sources, and nitrogen oxide (NOX) RACT for Major 
Sources. As noted previously, these SIP requirements will be 
addressed in separate rulemaking actions and will not be discussed 
here. See 82 FR 9158 (February 3, 2017).
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II. Summary of SIP Revision and EPA Analysis

    This rulemaking action 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.\9\ The specific NNSR 
requirements for the 2008 8-hour ozone NAAQS are located in 40 CFR 
51.160-165. As set forth in the SIP Requirements Rule, for each 
nonattainment area, a NNSR plan or plan revision was due no later than 
36 months after the July 20, 2012 effective date of area designations 
for the 2008 8-hour ozone standard (i.e., July 20, 
2015).10 11
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    \9\ See CAA sections 172(c)(5), 173 and 182.
    \10\ With respect to states with nonattainment areas subject to 
a Findings of Failure to Submit NNSR SIP revisions, such revisions 
would no longer be required if the area were redesignated to 
attainment. The CAA's prevention of significant deterioration (PSD) 
program requirements apply in lieu of NNSR after an area is 
redesignated to attainment. For areas outside the OTR, NNSR 
requirements do not apply in areas designated as attainment.
    \11\ While not the subject of this rulemaking action, as the 
District noted in their May 23, 2018 submittal, the District does 
not have a SIP-approved PSD program; however, the District is 
subject to a Federal Implementation Plan (FIP) which incorporates 
EPA's PSD permitting requirements from 40 CFR 52.21 into the 
District's SIP. See 40 CFR 52.499. Therefore, should the District 
submit, and EPA approve, a redesignation request for attainment of 
an ozone NAAQS for the Washington Area, the federal regulations 
would apply, and EPA would issue any necessary PSD air quality 
permits.
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    The minimum SIP requirements for NNSR permitting programs for the 
2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR 
51.1114. These NNSR program requirements include those promulgated in 
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (75 FR 
71018 (November 29, 2005)) and the SIP Requirements Rule implementing 
the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule, the SIP for each 
ozone nonattainment area must contain NNSR provisions that: set major 
source thresholds for oxides of nitrogen (NOX) and volatile 
organic compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-
(iv) and (2); classify physical changes as a major source if the change 
would constitute a major source by itself pursuant to 40 CFR 
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase 
of NOX as a significant net emissions increase for ozone 
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases of 
VOC emissions in extreme ozone nonattainment areas as a significant net 
emissions increase and a major modification for ozone pursuant to 40 
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and 
NOX as ozone precursors pursuant to 40 CFR 
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions 
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); 
provide that the requirements applicable to VOC also apply to 
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios 
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i)-(iii) 
(renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the 
2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008 
8-hour ozone NAAQS, the SIP for each ozone nonattainment area 
designated nonattainment for the 2008 8-hour ozone NAAQS and designated 
nonattainment for the 1997 ozone NAAQS on April 6, 2015, must also 
contain NNSR provisions that include the anti-backsliding requirements 
at 40 CFR 51.1105. See 40 CFR 51.165(a)(12).
    The District's SIP approved NNSR program, established in Chapters 1 
(Air Quality--General Rules) and 2 (Air Quality--General and 
Nonattainment Area Permits) in Title 20 of the District of Columbia 
Municipal Regulations (DCMR), apply to the construction and 
modification of major stationary sources in nonattainment areas. In its 
May 23, 2018 SIP revision, the District certifies that the versions of 
20 DCMR Chapters 1 and 2 approved in the SIP are at least as stringent 
as the Federal NNSR requirements for the Washington Area. EPA last 
approved revisions to the District's major NNSR SIP on March 19, 2015. 
In that action, EPA approved revisions to the District's SIP which made 
DOEE's NNSR program consistent with Federal requirements. See 80 FR 
14310.
    EPA notes that Title 20 DCMR section 199 and the District's SIP is 
more stringent than 40 CFR 51.165(a)(1)(iv)(A)(1), because the 
definition of ``major stationary source'' in 20 DCMR section 199 
includes a threshold of 25 tons per year or more of NOX or 
VOC in any nonattainment area for ozone, which is equivalent to severe 
ozone nonattainment area classification. As noted previously, the 
Washington Area is classified as marginal nonattainment for the 2008 8-
hour ozone NAAQS. Therefore, by definition, any major stationary source 
located in the District is subject to a lower emissions threshold for 
NOX and VOC.
    Additionally, in its May 23, 2018 SIP revision, the District noted 
for various NNSR provisions that, ``Should the District attain the 
NAAQS, because the District has not adopted the Prevention of 
Significant Deterioration (PSD) portions of New Source Review (NSR), 
the federal regulations would apply. In this case, because the District 
is in an Ozone Transport Region (OTR), the federal OTR thresholds would 
apply.'' In order for a nonattainment area to become attainment and for 
OTR emissions thresholds to apply, the District would have to submit, 
and EPA would have to approve a redesignation request and maintenance 
plan for the applicable ozone NAAQS.\12\ See CAA Section 184(b). The 
lack of these provisions in the District's SIP does not impact the 
requirement to have a fully-approved NNSR program in place, nor does 
the lack of those requirements impact the approvability of this SIP

[[Page 9998]]

revision, as the federal requirements would apply or the District could 
undertake a rulemaking action to update their regulations and 
subsequently their SIP. For purposes of NNSR, the subject of this 
rulemaking action, the District's approved NNSR program is at least as 
stringent as the federal requirements.\13\
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    \12\ Any source in the OTR is considered major for 
NOX and VOC if it emits or has the potential to emit at 
least 100 tons per year or 50 tons per year, respectively. See 40 
CFR 51.165(a)(iv)(A).
    \13\ See CAA sections 172(c)(5), 173, 182 and 40 CFR 51.165.
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    Neither Title 20 of the DCMR nor the District's approved SIP have 
the regulatory provisions for an emissions change of VOC in extreme 
nonattainment areas, specified in 40 CFR 51.165(a)(1)(v)(F) or 40 CFR 
51.165(a)(1)(x)(E), because the District's SIP is not required to have 
this requirement for VOC in extreme nonattainment areas until such a 
time as the District has an extreme nonattainment area. The District 
has never been designated as extreme for an ozone NAAQS.\14\
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    \14\ As the District noted in their May 23, 2018 revision, the 
District is aware that should they be bumped up to extreme 
nonattainment or want to be redesignated to attainment for the 2008 
8-hour ozone NAAQS, federal requirements would apply, or they could 
update their regulations and SIP to meet the necessary applicable 
requirements.
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    Neither 20 DCMR section 204 nor the District's approved SIP contain 
a regulatory provision pertaining to establishing emissions reductions 
credits (ERC), as specified in 40 CFR 51.165(a)(3)(ii)(C)(2)(i) and 40 
CFR 51.165(a)(3)(ii)(C)(2)(ii). However, even if the District's 
regulations do not offer this emissions reductions credit option, their 
approved SIP is still adequate to meet the standard ERC requirements 
found in 40 CFR 51.165(a)(3)(ii)(C)(1), where emissions reductions must 
be surplus, permanent, quantifiable, and federally enforceable, for 
example. The District has the appropriate ERC requirements approved in 
their regulations and their SIP, which enables them to implement the 
program appropriately and in accordance with federal requirements. See 
20 DCMR Section 204.
    Given the D.C. Cir. Court's recent ruling in South Coast Air 
Quality Mgmt. Dist. v. EPA vacating the anti-backsliding provisions of 
the SIP Requirements Rule, the District remains required to comply with 
the anti-backsliding provisions found in 40 CFR 51.165(a)(12). In the 
District, neither 20 DCMR Chapters 1 and 2 or the District SIP contain 
anti-backsliding provisions found in 40 CFR 51.165(a)(12), which 
applied to NNSR requirements for the 1997 ozone NAAQS. However, EPA 
finds that 20 DCMR and the District's SIP presently include appropriate 
thresholds for major stationary sources and emissions offset ratios for 
the worst air quality designations these nonattainment areas have been 
designated. For example, in 20 DCMR section 199, a source is considered 
a ``major stationary source'' if it emits 25 tons per year of 
NOX or VOC in any nonattainment area for ozone, except for 
the 10 ton per year or more of NOX and VOC in an extreme 
nonattainment area for ozone.\15\ This emissions threshold is 
equivalent to an area that was designated as severe nonattainment for 
the ozone NAAQS and is therefore more stringent. Additionally, 
emissions offset ratios for sources located in the District are more 
stringent than the requirements of 40 CFR 51.165(a)(9)(i). 20 DCMR 
section 204.18 and the approved District SIP require sources in ozone 
nonattainment areas to offset their NOX and VOC emissions at 
a ratio of 1.3 to 1 versus the Federal NNSR requirement for a source 
located in a marginal nonattainment area to offset NOX and 
VOC at a less stringent ratio of 1.1 to 1. See 40 CFR 
51.165(a)(9)(i)(A). Therefore, EPA finds that the District's 
regulations and approved SIP are more stringent than EPA's NNSR anti-
backsliding requirements and their program is adequate to implement 
NNSR for the 2008 ozone NAAQS.
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    \15\ As noted in this rulemaking and in the District's May 23, 
2018 SIP revision, the Washington Area has never been classified as 
Extreme Nonattainment for any ozone NAAQS.
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    The versions of 20 DCMR Chapters 1 and 2 that are contained in the 
current SIP have not changed, with respect to NNSR since the 2015 
rulemaking where EPA last approved the District's NNSR provisions. 
These versions of the rules cover the Washington Area and remain 
adequate to meet all applicable NNSR requirements for the 2008 8-hour 
ozone NAAQS found in 40 CFR 51.165, the Phase 2 Rule and the SIP 
Requirements Rule.

III. Proposed Action

    EPA is proposing to approve the District's May 23, 2018 SIP 
revision addressing the NNSR requirements for the 2008 ozone NAAQS for 
the Washington Area. EPA has concluded that the District's submission 
fulfills the 40 CFR 51.1114 revision requirement, meets the 
requirements of CAA sections 110 and 172 and the minimum SIP 
requirements of 40 CFR 51.165, as well as its obligations under EPA's 
February 3, 2017 Findings of Failure to Submit. See 82 FR 9158. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because 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, approving the District's 2008 8-
hour ozone NAAQS Certification SIP revision for NNSR does not have 
tribal

[[Page 9999]]

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 7, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-05040 Filed 3-18-19; 8:45 am]
 BILLING CODE 6560-50-P


