44614 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

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. 

necessary due to inclement weather or 

other reason on October 7, 2021, it will 

be enforced from 12 p.m. (noon) to 1 

p.m., from 2 p.m. to 3 p.m., and from 

4 p.m. to 5 p.m. on October 11, 2021; 

(ii) From 2 p.m. to 2:30 p.m., from 3 

p.m. to 3:30 p.m., from 4 p.m. to 4:30 

p.m., from 5 p.m. to 5:30 p.m., from 6 

p.m. to 6:30 p.m., and from 7 p.m. to 

7:30 p.m. on October 11, 2021. If 

necessary due to inclement weather or 

other reason on October 11, 2021, it will 

be enforced from 2 p.m. to 2:30 p.m., 

from 3 p.m. to 3:30 p.m., from 4 p.m. 

to 4:30 p.m., from 5 p.m. to 5:30 p.m., 

from 6 p.m. to 6:30 p.m., and from 7 

p.m. to 7:30 p.m. on October 13, 2021; 

(iii) From 12 p.m. (noon) to 1 p.m., 

from 2 p.m. to 3 p.m., and from 4 p.m. 

to 5 p.m. on November 11, 2021. If 

necessary due to inclement weather or 

other reason on November 11, 2021, it 

will be enforced from 12 p.m. (noon) to 

1 p.m., from 2 p.m. to 3 p.m., and from 

4 p.m. to 5 p.m. on November 15, 2021; 

and 

(iv) From 2 p.m. to 2:30 p.m., from 3 

p.m. to 3:30 p.m., from 4 p.m. to 4:30 

p.m., and from 5 p.m. to 5:30 p.m. on 

November 15, 2021. If necessary due to 

inclement weather or other reason on 

November 15, 2021, it will be enforced 

from 2 p.m. to 2:30 p.m., from 3 p.m. 

to 3:30 p.m., from 4 p.m. to 4:30 p.m., 

and from 5 p.m. to 5:30 p.m. on 

November 17, 2021. 

Dated: August 3, 2021. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland—National Capital Region. 

[FR Doc. 2021–17229 Filed 8–12–21; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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. 

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 


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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 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: 


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44616 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 

■ 2. In § 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: 

§ 52.470 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision 

Applicable 

geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality 

Standard.

The District of Columbia portion 

of the Washington, DC-MDVA nonattainment area for the 

2015 ozone NAAQS (i.e., the 

District of Columbia.

6/4/20 8/13/21, [insert Federal 

Register citation].

Certification that the District’s 

previously SIP-approved regulations at 20 DCMR section 

500.9 meet the emissions 

statement requirements of 

CAA section 182(a)(3)(B) for 

the 2015 ozone NAAQS. 

[FR Doc. 2021–17288 Filed 8–12–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2019–0031; FRL–8822–02– 

R5] 

Air Plan Approval; Illinois; 2008 Ozone 

Moderate VOC RACT for Chicago 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving volatile 

organic compound (VOC) reasonably 

available control technology (RACT) 

State Implementation Plan (SIP) 

revisions for the Illinois portion of the 

Chicago-Naperville, IL–IN–WI 

nonattainment area (Illinois portion) 

under the 2008 8-hour ozone National 

Ambient Air Quality Standard 

(‘‘NAAQS’’ or ‘‘standard’’) submitted by 

the Illinois Environmental Protection 

Agency (‘‘Illinois’’ or ‘‘Illinois EPA’’) on 

January 10, 2019 and supplemented on 

April 30, 2020. EPA is also approving 

the Stepan Co. construction permit 

submitted by Illinois on March 29, 2021 

as a revision to the Illinois SIP. The 

Illinois portion consists of Cook, 

DuPage, Kane, Lake, McHenry, and Will 

Counties and portions of Grundy (Aux 

Sable and Goose Lake Townships) and 

Kendall (Oswego Township) Counties. 

These VOC RACT SIP submittals satisfy 

the moderate VOC RACT requirements 

of section 182(b)(2) of the Clean Air Act 

(CAA). EPA proposed to approve this 

action on May 7, 2021 and received no 

comments. 

DATES: This final rule is effective on 

September 13, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2019–0031. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, 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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Katie 

Mullen, Environmental Engineer, at 

(312) 353–3490 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Katie Mullen, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–3490, 

Mullen.Kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background Information 

On May 7, 2021, EPA proposed to 

approve VOC RACT SIP revisions for 

the Illinois portion (86 FR 24569). An 

explanation of the CAA requirements, a 

detailed analysis of the revisions, and 

EPA’s reasons for proposing approval 

were provided in the notice of proposed 

rulemaking and will not be restated 

here. The public comment period for the 

proposed rule ended on June 7, 2021. 

EPA received no comments on the 

proposal. 

II. Final Action 

EPA is approving negative 

declarations, a VOC RACT certification, 

and the Stepan Co. construction permit 

submitted by Illinois as meeting the 

CAA section 182(b)(2) moderate RACT 

requirements for the Illinois portion 

under the 2008 8-hour ozone NAAQS. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference the Illinois Source-Specific 

Requirements described in the 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these documents generally 

available through www.regulations.gov, 

and at the EPA Region 5 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 


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