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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
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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 20142016
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 Districts May 5, 2020 NNSR Certification SIP revision.
EPAs 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 Districts 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

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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
51.165a1ivA1iiv and 2;
classify physical changes as a major source if the change would constitute a major source by itself pursuant to 40
CFR 51.165a1ivA3; consider any significant net emissions increase of NOX as a significant net emissions increase for ozone pursuant to 40 CFR
51.165a1vE; 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 51.165a1vF; set significant emissions rates for VOC and NOX as ozone precursors pursuant to 40
CFR 51.165a1xAC and E;
contain provisions for emissions reductions credits pursuant to 40 CFR
51.165a3iiC12; provide that the requirements applicable to VOC also apply to NOX pursuant to 40 CFR
51.165a8; and set offset ratios for VOC and NOX pursuant to 40 CFR
51.165a9.
The Districts SIP approved NNSR
program, established in Chapters 1 Air QualityGeneral Rules and 2 Air QualityGeneral 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 Districts major NNSR SIP on March 19, 2015. In that action, EPA approved revisions to the Districts SIP which made DOEEs NNSR program consistent with Federal requirements. 80 FR
14310, March 19, 2015.
Title 20 DCMR section 199 and the Districts SIP adequately addresses 40
CFR 51.165a1ivA1, 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 anti-

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backsliding 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 Districts choice not to include these provisions does not affect EPAs determination regarding the approvability of its May 5, 2020
submittal, and they will not be discussed in this rulemaking.
III. Proposed Action EPAs review of this material indicates that the Districts 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 Columbias 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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
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