[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8656-8658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03489]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0666; FRL-9942-59-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Regulation To Limit Nitrogen Oxides Emissions
From Large Non-Electric Generating Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the District of
Columbia. The revision caps emissions of nitrogen oxides
(NOX) from large non-electric generating units (non-EGUs) to
meet the requirements of EPA's NOX SIP Call. EPA is
approving this revision to cap emissions of NOX from non-
EGUs in accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on March 23, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0666. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., 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 www.regulations.gov or may be viewed during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the District submittal are available at
the District of Columbia. Department of Energy and Environment, Air
Quality Division, 1200 1st Street NE., 5th Floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 19, 2015 (80 FR 72406), EPA published a notice of
proposed rulemaking (NPR) for the District of Columbia. In the NPR, EPA
proposed approval of the District's regulation to cap NOX
emissions from large non-EGUs to meet the requirements of EPA's
NOX SIP Call. The formal SIP revision was submitted by the
District of Columbia on June 19, 2015.
II. Summary of SIP Revision
On June 19, 2015, the District Department of the Environment (DOEE)
submitted a SIP revision that addresses NOX reductions from
its non-EGUs to meet its obligations under the NOX SIP Call.
The submission also removes, from the District's SIP, regulation Title
20 DCMR Chapter 10--Nitrogen Oxides Emissions Budget Program. Sections
1000 through 1013 of 20 DCMR Chapter 10 comprised the District's Ozone
Transport Commission (OTC) NOX Budget Program, which
preceded the NOX SIP Call trading program, and
[[Page 8657]]
section 1014 of 20 DCMR Chapter 10 incorporated by reference the
trading program established under the NOX SIP Call. Both the
OTC and the NOX SIP Call trading programs have been
discontinued, and the NOX SIP Call requirements for electric
generating units (EGUs) are now being met under other trading
programs.\1\ The June 19, 2015 submission removes the existing Chapter
10 from the District's SIP, and replaces it with a new Chapter 10. The
new Chapter 10, entitled Air Quality--Non-EGU Limits on Nitrogen Oxides
Emissions, establishes an ozone season NOX emissions cap of
25 tons on applicable non-EGUs in the District, and allocates the cap
to the non-EGUs located at the U.S. General Services Administration
Central Heating and Refrigeration Plant, with a reallocation required
whenever a new non-EGU in the District becomes subject to the
NOX SIP Call.\2\ The regulation also requires continuous
emissions monitoring of NOX emissions, recordkeeping and
reporting pursuant to 40 CFR part 75 to ensure compliance with the
District's non-EGU emissions cap.
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\1\ There are presently no EGUs in the District.
\2\ Applicable non-EGUs are the non-EGUs that were subject to
the NOX SIP Call, including large industrial boilers and
turbines with a maximum rated heat input capacity greater than 250
million British thermal units per hour (mmBtu/hr).
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Other specific requirements of the District's SIP submittal and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving the District of Columbia's June 19, 2015
submittal, which establishes an ozone season NOX limit of 25
tons for non-EGUs, as a revision to the District's SIP. The submission
removes, from the District's SIP, regulation Title 20 DCMR Chapter 10--
Nitrogen Oxides Emissions Budget Program, and replaces it with new
Chapter 10--Non-EGU Limits on Nitrogen Oxides Emissions.
IV. Incorporation by Reference
In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of revised District of Columbia regulation Title 20 DCMR,
Environment, Chapter 10--Air Quality--Non-EGU limits on Nitrogen Oxides
Emissions, and the revised definition of ``Fossil fuel-fired'' in
Chapter 1, General Rules. The EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or may be viewed at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
V. 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 Order
12866 (58 FR 51735, October 4, 1993);
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 rulemaking action 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 April 22, 2016. 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 of Columbia SIP submittal to cap
NOX emissions from large non-EGUs may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: February 4, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
[[Page 8658]]
Authority: 42 U.S.C. 7401 et seq.
Subpart J--District of Columbia
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2. In Sec. 52.470, the table in paragraph (c) is amended by:
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a. Revising the entry for ``Section 199.''
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b. Removing ``Chapter 10 Nitrogen Oxides Emissions Budget Program
(Sections 1000-1099).''
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c. Adding a new Chapter 10 entitled ``Air Quality--Non-EGU Limits on
Nitrogen Oxides Emissions.''
The revision and addition read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations and Statutes in the District of Columbia SIP
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State
State citation Title/Subject effective date EPA Approval date Additional explanation
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District of Columbia Municipal Regulations (DCMR), Title 20--Environment
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Chapter 1 General
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Section 199....................... Definitions and 03/08/15 02/22/16, [insert Federal Register Amended definition of ``Fossil fuel-
Abbreviations. citation]. fired''
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Chapter 10 Air Quality--Non-EGU Limits on Nitrogen Oxides Emissions
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Section 1000...................... Applicability........ 03/08/15 02/22/16, [insert Federal Register
citation].
Section 1001...................... NOX Emissions Budget 03/08/15 02/22/16, [insert Federal Register
and NOX Limit Per citation].
Source.
Section 1002...................... Emissions Monitoring. 03/08/15 02/22/16, [insert Federal Register
citation].
Section 1003...................... Record-Keeping and 03/08/15 02/22/16, [insert Federal Register
Reporting. citation].
Section 1004...................... Excess Emissions..... 03/08/15 02/22/16, [insert Federal Register
citation].
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[FR Doc. 2016-03489 Filed 2-19-16; 8:45 am]
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