8734 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules 

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 it is not a significant 

regulatory action 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 

rulemaking, proposing approval of 

Pennsylvania’s second maintenance 

plan for the Clearfield/Indiana 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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: February 3, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2021–02582 Filed 2–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0489; FRL10018–20– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Nonattainment New 

Source Review Requirements for 2015 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Department of Energy 

and Environment (DOEE) of the District 

of Columbia. This SIP revision will 

fulfill the District of Columbia’s 

Nonattainment New Source Review 

(NNSR) SIP element requirement for the 

2015 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before March 11, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2020–0489 at https://

www.regulations.gov, or via email to 

Opila.MaryCate@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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Willson, Permits Branch 

(3AD10), Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–5795. 

Mr. Willson can also be reached via 

electronic mail at Willson.Matthew@

epa.gov. 

SUPPLEMENTARY INFORMATION: On May 5, 

2020, the DOEE submitted on behalf of 

the District of Columbia (District) a 

formal SIP revision, requesting EPA’s 

approval of its NNSR Certification for 

the 2015 8-hour ozone NAAQS. 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 2015 8-hour ozone NAAQS, is at 

least as stringent as the requirements at 

40 Code of Federal Regulations (CFR) 

51.165, as amended by the final rule 

titled ‘‘Implementation of the 2015 

National Ambient Air Quality Standards 

for Ozone: Nonattainment Area State 

Implementation Plan Requirements’’ 

(SIP Requirements Rule), for ozone and 

its precursors. See 83 FR 62998 

(December 6, 2018). 

I. Background 

On October 1, 2015, EPA promulgated 

a revised 8-hour ozone NAAQS of 0.070 

parts per million (ppm). 80 FR 65292 

(October 26, 2015). Under EPA’s 

regulations at 40 CFR 50.19, the 2015 

8-hour ozone NAAQS is attained when 

the three-year average of the annual 

fourth-highest daily maximum 8-hour 

average ambient air quality ozone 


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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules 8735 

concentration is less than or equal to 

0.070 ppm. 

Upon promulgation of a new or 

revised NAAQS, the CAA requires EPA 

to designate as nonattainment any area 

that is violating the NAAQS based on 

the three most recent years of ambient 

air quality data at the conclusion of the 

designation process. The Washington 

Area was classified as marginal 

nonattainment for the 2015 8-hour 

ozone NAAQS on June 4, 2018 (effective 

August 3, 2018) using 2014–2016 

ambient air quality data. 83 FR 25776. 

On December 6, 2018, EPA issued the 

final SIP Requirements Rule, which 

establishes the requirements that state, 

tribal, and local air quality management 

agencies must meet as they develop 

implementation plans for areas where 

air quality exceeds the 2015 8-hour 

ozone NAAQS. 80 FR 65291, October 

26, 2015. Areas that were designated as 

marginal ozone nonattainment areas are 

required to attain the 2015 8-hour ozone 

NAAQS no later than August 3, 2021. 40 

CFR 51.1303 and 83 FR 10376, March 9, 

2018. 

Based on initial nonattainment 

designations for the 2015 8-hour ozone 

NAAQS, as well as the December 6, 

2018 final SIP Requirements Rule, the 

District was required to develop a SIP 

revision addressing certain CAA 

requirements for the Washington Area, 

and submit to EPA a NNSR Certification 

SIP or SIP revision no later than 36 

months after the effective date of area 

designations for the 2015 8-hour ozone 

NAAQS (i.e., August 3, 2021). See 83 FR 

62998 (December 6, 2018). EPA is 

proposing to approve the District’s May 

5, 2020 NNSR Certification SIP revision. 

EPA’s analysis of how this SIP revision 

addresses the NNSR requirements for 

the 2015 8-hour ozone NAAQS is 

provided in Section II of this document 

below. 

II. Summary of SIP Revision and EPA 

Analysis 

This rulemaking is specific to the 

District’s NNSR requirements. NNSR is 

a preconstruction review permit 

program that applies to new major 

stationary sources or major 

modifications at existing sources located 

in a nonattainment area. The specific 

NNSR requirements for the ozone 

NAAQS are located in 40 CFR 51.160 

through 51.165. 

The minimum SIP requirements for 

NNSR permitting programs for the 2015 

8-hour ozone NAAQS are set forth in 40 

CFR 51.165. These NNSR program 

requirements include those promulgated 

in the ‘‘Phase 2 Rule’’ implementing the 

1997 8-hour ozone NAAQS (70 FR 

71611 (November 29, 2005)), the 2008 

Ozone NAAQS SIP implementation 

Rule (80 FR 12264, March 6, 2015) and 

the 2015 SIP Requirements Rule (83 FR 

62998, December 6, 2018). 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). 

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. 80 FR 

14310, March 19, 2015. 

Title 20 DCMR section 199 and the 

District’s SIP adequately addresses 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 the 

NNSR thresholds for severe ozone 

nonattainment areas. Although the 

Washington Area is classified as a 

marginal nonattainment area for the 

2015 8-hour ozone NAAQS, due to antibacksliding provisions set forth in 40 

CFR 51.905 and its prior classification 

as a severe area under the 1979 1-hour 

ozone NAAQS, the Washington Area 

retains the severe area thresholds for the 

purposes of NNSR. 

The District has chosen not to include 

certain optional NNSR provisions that 

EPA could approve, pertaining to 

emissions reduction credits, interpollutant trading programs and 

Prevention of Significant Deterioration. 

The District’s choice not to include 

these provisions does not affect EPA’s 

determination regarding the 

approvability of its May 5, 2020 

submittal, and they will not be 

discussed in this rulemaking. 

III. Proposed Action 

EPA’s review of this material 

indicates 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. EPA is proposing to approve the 

District of Columbia’s SIP revision 

addressing the NNSR requirements for 

the 2015 8-hour ozone NAAQS for the 

Washington Area, which was submitted 

on May 5, 2020. 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 it is not a significant 

regulatory action 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
8736 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules 

1 In March 2008, EPA completed another review 

of the primary and secondary ozone standards and 

tightened them further by lowering the level for 

both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 

Additionally, in October 2015, EPA completed a 

review of the primary and secondary ozone 

standards and tightened them by lowering the level 

for both to 0.70 ppm. 80 FR 65292 (October 26, 

2015). 

2The requirements of CAA section 107(d)(3)(E) 

include attainment of the NAAQS, full approval 

under section 110(k) of the applicable SIP, 

determination that improvement in air quality is a 

result of permanent and enforceable reductions in 

emissions, demonstration that the state has met all 

applicable section 110 and part D requirements, and 

a fully approved maintenance plan under CAA 

section 175A. 

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 

rulemaking, approving the District’s 

20015 8-hour ozone NAAQS 

Certification SIP revision for NNSR, 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

Matter, Transportation, Volatile organic 

compounds. 

Dated: February 3, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2021–02585 Filed 2–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0319; FRL–10017– 

12–Region 3] 

Air Plan Approval; Pennsylvania; 1997 

8-Hour Ozone National Ambient Air 

Quality Standard Second Maintenance 

Plan for the York-Adams Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. This revision pertains to 

the Commonwealth’s plan, submitted by 

the Pennsylvania Department of 

Environmental Protection (PADEP), for 

maintaining the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS) (referred to as the ‘‘1997 

ozone NAAQS’’) in the York-Adams 

Area. This action is being taken under 

the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 11, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2020–0319 at https://

www.regulations.gov, or via email to 

gordon.mike@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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Keila M. Paga ́n-Incle, 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) 

814–2926. Ms. Paga ́n-Incle can also be 

reached via electronic mail at paganincle.keila@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

10, 2020, the PADEP submitted a 

revision to the Pennsylvania SIP to 

incorporate a plan for maintaining the 

1997 ozone NAAQS through February 

13, 2028 in accordance with CAA 

section 175A. 

I. Background 

In 1979, under section 109 of the 

CAA, EPA established primary and 

secondary NAAQS for ozone at 0.12 

parts per million (ppm), averaged over 

a 1-hour period. 44 FR 8202 (February 

8, 1979). On July 18, 1997 (62 FR 

38856),1 EPA revised the primary and 

secondary NAAQS for ozone to set the 

acceptable level of ozone in the ambient 

air at 0.08 ppm, averaged over an 8-hour 

period. EPA set the 1997 ozone NAAQS 

based on scientific evidence 

demonstrating that ozone causes 

adverse health effects at lower 

concentrations and over longer periods 

of time than was understood when the 

pre-existing 1-hour ozone NAAQS was 

set. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

nation as attaining or not attaining the 

NAAQS. On April 30, 2004 (69 FR 

23858), EPA designated the York-Adams 

Area as nonattainment for the 1997 

ozone NAAQS. 

Once a nonattainment area has three 

years of complete and certified air 

quality data that has been determined to 

attain the NAAQS, and the area has met 

the other criteria outlined in CAA 

section 107(d)(3)(E),2 the state can 

submit a request to EPA to redesignate 

the area to attainment. Areas that have 


khammond on DSKJM1Z7X2PROD with PROPOSALS