[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Rules and Regulations]
[Pages 44614-44616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17288]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0574; FRL-8730-02-R3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Emissions Statement Certification for the 2015 
Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision formally submitted by the District 
of Columbia Department of Energy and the Environment (DOEE). The 
revision provides the District's certification that its existing 
emissions statement program satisfies the emissions statement 
requirements of the Clean Air Act (CAA) for the 2015 ozone National 
Ambient Air Quality Standard (NAAQS). EPA is approving the District's 
emissions statement program certification for the 2015 ozone NAAQS as a 
SIP revision in accordance with the requirements of the CAA.

DATES: This final rule is effective on September 13, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2020-0574. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at 
Nichols.Serena@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 11, 2021 (86 FR 13843), EPA published a notice of proposed 
rulemaking (NPRM) for the District of Columbia. In the NPRM, EPA 
proposed approval of the District's certification that the District's 
emissions statement regulation meets the emissions statement 
requirement of section 182(a)(3)(B) of the CAA for the 2015 ozone 
NAAQS. The formal SIP revision was submitted by the District of 
Columbia, through the Department of Energy and the Environment (DOEE), 
on June 4, 2020.

II. Summary of SIP Revision and EPA Analysis

    On June 4, 2020, the District, through DOEE, submitted as a formal 
SIP revision, a statement certifying that the District's existing SIP-
approved emissions statement program covers the District's portion of 
the Washington, DC-MD-VA nonattainment area for the 2015 ozone NAAQS 
and is at least as stringent as the requirements of CAA section 
182(a)(3)(B). In its submittal, the District states that 20 District of 
Columbia Municipal Regulations (DCMR) section 500.9 contains emissions 
reporting requirements consistent with CAA section 182(a)(3)(B)(i), and 
that 20 DCMR section 500.9 is approved into the District's SIP. See 40 
CFR 52.2420(c). EPA first approved the District's emissions statements 
requirements, now found at 20 DCMR section 500.9, into the District's 
SIP on May 26, 1995 (60 FR 27944).\1\ See also 40 CFR 52.470.
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    \1\ 20 DCMR sections 500.4 through 500.6 were also approved into 
the District's SIP on January 26, 1995 (60 FR 5134) and October 27, 
1999 (64 FR 57777), respectively. These provisions concern reporting 
requirements related to the transfer of gasoline products.
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    EPA's review of the District's submittal finds that the District's 
existing, SIP-approved emissions statement program at 20 DCMR section 
500.9 satisfies the emission statement requirements of CAA section 
182(a)(3)(B) for the 2015 ozone NAAQS. The District's regulation 
requires the owner of any stationary source located in the District 
that emits 25 tons per year (tpy) or more of volatile organic compounds 
(VOC) or nitrogen oxides (NOX) to submit an emissions 
statement to the Mayor by April 15 of each year for the emissions 
discharged during the previous calendar year. Emissions statements are 
required to be prepared and submitted in accordance with 20 DCMR 
section 500.9.
    These emissions statements are required to be submitted annually 
for the previous calendar year and, at a minimum, must contain the 
following: (1) Certification that the information in the statement is 
accurate to the best knowledge of the individual certifying the 
statement as well as the certifying individual's name and contact 
information; (2) source identification information including name, 
physical location, mailing address of the facility, latitude and 
longitude, and standard industrial classification code(s); (3) 
operating information including percentage annual throughput by season, 
days per week on the normal operating schedule, hours per day during 
the normal operating schedule, and hours per year during the normal 
operating schedule; (4) process rate data including annual process rate 
and peak ozone season daily process rate; (5) control equipment 
information; and (6) emissions information including, but not limited 
to, estimated actual emissions of NOX and VOC in tpy and

[[Page 44615]]

pounds per typical ozone season day. These reporting requirements in 20 
DCMR section 500.9 meet the requirements of CAA section 
182(a)(3)(B)(i).
    As allowed by CAA section 182(a)(3)(B)(ii), the District has waived 
the emissions reporting requirement for stationary sources emitting 
less than 25 tpy of NOX or VOCs because the District 
includes these emissions in reports to EPA. CAA section 
182(a)(3)(B)(ii) allows the State to waive the application of clause 
(i) to any class or category of stationary sources which emit less than 
25 tons per year of VOC or NOX if the State, in its 
submissions under subparagraphs (1) or (3)(A), provides an inventory of 
emissions from such class or category of sources, based on the use of 
the emission factors established by the Administrator or other methods 
acceptable to the Administrator.
    As noted in the District's June 4, 2020 submittal, pursuant to the 
Air Emissions Reporting Requirements rule at 40 CFR part 51, the 
District is required to submit emissions inventories for criteria 
pollutants to EPA's Emissions Inventory System (EIS), and that sources 
emitting less than 25 tpy of NOX or VOC are included in 
these inventories as area sources. The submission also notes that 
emissions from these sources are calculated using emission factors 
approved by the Administrator. These small stationary sources are 
therefore addressed in accordance with CAA section 182(a)(3)(B)(ii).
    Therefore, EPA has determined that the District's existing 
emissions statement program, as set forth at 20 DCMR section 500.9, 
which is currently in the District's SIP, and the District's reporting 
for sources emitting less than 25 tpy of NOX or VOC, meet 
the emissions statement requirements in CAA section 182(a)(3)(B) for 
the 2015 ozone NAAQS. EPA is approving, as a SIP revision, the 
District's June 4, 2020 emissions statement program certification as 
meeting the requirements of CAA section 182(a)(3)(B) for the 2015 ozone 
NAAQS.
    Other specific requirements of DOEE's June 4, 2020 submittal and 
the rationale for EPA's proposed action are explained in the NPRM and 
will not be restated here. No public comments were received on the 
NPRM.

III. Final Action

    EPA is approving, as a SIP revision, the District of Columbia's 
June 4, 2020 emissions statement certification for the 2015 ozone NAAQS 
as approvable under CAA section 182(a)(3)(B). The District's emissions 
statement certification certifies that the District's existing SIP-
approved emissions statement program under 20 DCMR section 500.9 
satisfies the requirements of CAA section 182(a)(3)(B) for the 2015 
ozone NAAQS.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 12, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action.
    This action approving the District's emissions statement 
certification for the 2015 ozone NAAQS may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 5, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

[[Page 44616]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart J--District of Columbia

0
2. In Sec.  52.470, the table in paragraph (e) is amended by adding an 
entry for ``Emissions Statement Certification for the 2015 Ozone 
National Ambient Air Quality Standard'' at the end of the table to read 
as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

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                                                     State
  Name of non-regulatory SIP       Applicable      submittal          EPA approval date            Additional
           revision              geographic area      date                                         explanation
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                                                  * * * * * * *
Emissions Statement             The District of        6/4/20  8/13/21, [insert Federal         Certification
 Certification for the 2015      Columbia                       Register citation].              that the
 Ozone National Ambient Air      portion of the                                                  District's
 Quality Standard.               Washington, DC-                                                 previously SIP-
                                 MD-VA                                                           approved
                                 nonattainment                                                   regulations at
                                 area for the                                                    20 DCMR section
                                 2015 ozone                                                      500.9 meet the
                                 NAAQS (i.e.,                                                    emissions
                                 the District of                                                 statement
                                 Columbia.                                                       requirements of
                                                                                                 CAA section
                                                                                                 182(a)(3)(B)
                                                                                                 for the 2015
                                                                                                 ozone NAAQS.
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[FR Doc. 2021-17288 Filed 8-12-21; 8:45 am]
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