Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Reasonably Available Control Technology Under the 8-Hour Ozone National Ambient Air Quality Standard, 12778-12781 [E9-6593]
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Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules
www.regulations.gov, your e-mail
address will be automatically captured
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that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
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the body of your comment and with any
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you for clarification, EPA may not be
able to consider your comment.
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Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., 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 electronically in https://
www.regulations.gov or in hard copy
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 State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Lewis, (215) 814–2037, or by
e-mail at lewis.jacqueline@epa.gov.
For
further information, please see the
information provided in the direct final
action, with the same title, that is
located in the ‘‘Rules and Regulations’’
section of this Federal Register
publication.
SUPPLEMENTARY INFORMATION:
Dated: February 24, 2009.
William T. Wisniewski,
Acting Regional Administrator,Region III.
[FR Doc. E9–6662 Filed 3–24–09; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0595; FRL–8780–7]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Reasonably Available
Control Technology Under the 8-Hour
Ozone National Ambient Air Quality
Standard
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the District of
Columbia. This SIP revision consists of
a demonstration that the District of
Columbia meets the requirements of
reasonably available control technology
(RACT) for nitrogen oxides (NOX) and
volatile organic compounds (VOCs) set
forth by the Clean Air Act (CAA). This
SIP revision demonstrates that all
requirements for RACT are met either
through: certification that previously
adopted RACT controls in the District of
Columbia’s SIP that were approved by
EPA under the 1-hour ozone National
Ambient Air Quality Standard (NAAQS)
are based on the currently available
technically and economically feasible
controls, and that they continue to
represent RACT for the 8-hour
implementation purposes; and a
negative declaration demonstrating that
no facilities exist in the District of
Columbia for the applicable control
technology guideline (CTG) categories.
This action is being taken under the
CAA.
DATES: Written comments must be
received on or before April 24, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2008–0595 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2008–0595,
Cristina Fernandez, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
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Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2008–
0595. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., 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 electronically in https://
www.regulations.gov or in hard copy
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 State submittal are
available at the District of Columbia
Department of the Environment, 51 N
Street, NE., 6th Floor, Washington, DC
20002.
FOR FURTHER INFORMATION CONTACT:
Patrick J. Egan, (215) 814–3167, or by email at egan.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Ozone is formed in the atmosphere by
photochemical reactions between VOC,
NOX, and carbon monoxide (CO) in the
presence of sunlight. In order to reduce
ozone concentrations in the ambient air,
the CAA requires all nonattainment
areas to apply controls on VOC/NOX
emission sources to achieve emission
reductions.
Since the 1970’s, EPA has
consistently interpreted RACT to mean
the lowest emission limit that a
particular source is capable of meeting
by the application of the control
technology that is reasonably available
considering technological and economic
feasibility. See, e.g., 72 FR 20586 at
20610 (April 25, 2007). Section 182 of
the CAA sets forth two separate RACT
requirements for ozone nonattainment
areas. The first requirement, contained
in section 182(a)(2)(A) of the CAA, and
referred to as RACT fix-up, requires the
correction of RACT rules for which EPA
identified deficiencies before the CAA
was amended in 1990. On August 4,
1992 (57 FR 34250), EPA published a
final rulemaking notice approving the
District of Columbia’s SIP revision in
order to correct the District’s VOC RACT
regulations and establish and require
the implementation of revised SIP
regulations to control VOCs.
The second requirement, set forth in
section 182(b)(2) of the CAA, applies to
moderate (or worse) ozone
nonattainment areas and attainment
areas in the ozone transport region
(OTR) established pursuant to section
184 of the CAA. These areas are
required to implement RACT controls
on all major VOC and NOX emission
sources and on all sources and source
categories covered by a CTG issued by
EPA. On October 27, 1999 (64 FR
57777), EPA published a final
rulemaking notice approving the District
of Columbia’s SIP revision as meeting
the CTG RACT provisions of the CAA.
Further details of The District of
Columbia’s RACT requirements can be
found in a Technical Support Document
(TSD) prepared for this rulemaking.
The Washington 1-hour Area had
certain RACT requirements under
section 182 for VOC and NOX. Section
182(b)(2) of the CAA required the
District of Columbia to implement
RACT on all sources and source
categories covered by a CTG issued by
EPA. Point sources with the potential to
emit 50 tons per year or more of VOCs
or 100 tons per year or more of NOX that
were not covered by a CTG were also
required to implement RACT. As a
result of failure to meet the attainment
date of November 15, 1999, the
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Metropolitan Washington area was
reclassified from serious to severe
nonattainment area for the 1-hour
standard (68 FR 3410, January 24, 2003).
As a result of the reclassification, the
District of Columbia was required to
perform RACT evaluations on point
sources with the potential to emit 25
tons per year for either VOC or NOX (69
FR 77647, December 28, 2004).
Under the 1-hour ozone NAAQS, the
District of Columbia was originally
classified as part of the Metropolitan
Washington serious 1-hour ozone
nonattainment area (Washington 1-hour
Area) (56 FR 56694 at 56844, November
6, 1991). The Washington 1-hour Area is
also part of the OTR. The OTR is
established by section 184 of the CAA.
Areas in the OTR are subject to OTRspecific RACT requirements. Section
184(b)(1)(B) of the CAA, requires the
implementation of RACT with respect to
all sources of VOC covered by a CTG.
Additionally, section 184(b)(2) of the
CAA, requires the implementation of
major stationary source requirements as
if the area were a moderate
nonattainment area on any stationary
source with a potential to emit of at
least 50 tons per year of VOC or 100
tons per year of NOX. However, the
Washington 1-hour Area satisfies the
section 184 RACT requirements because
section 182 requirements are more
stringent as a result of reclassification to
a severe nonattainment area for the 1hour standard; therefore, no additional
measures for the implementation of
RACT are applicable (68 FR at 3425,
January 24, 2003).
Under the 8-hour ozone NAAQS, the
Washington 1-hr Area, with the
exception of Stafford County, Virginia
was designated and classified as a
moderate nonattainment area, and is
therefore subject to the CAA RACT
requirements in section 182(b) (69 FR
23858, April 30, 2004). The District of
Columbia is required to submit to EPA
a SIP revision that demonstrates how
the District meets the RACT
requirements under the 8-hour ozone
standard.
EPA requires under the 8-hour ozone
NAAQS that states meet the CAA RACT
requirements, either through a
certification that previously adopted
RACT controls in their SIP approved by
EPA under the 1-hour ozone NAAQS
represent adequate RACT control levels
for 8-hour attainment purposes, or
through the establishment of new or
more stringent requirements that
represent RACT control levels. See,
Final Rule To Implement the 8–Hour
Ozone National Ambient Air Quality
Standard—Phase 2; Final Rule To
Implement Certain Aspects of the 1990
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12779
Amendments Relating to New Source
Review and Prevention of Significant
Deterioration as They Apply in Carbon
Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for
Reformulated Gasoline (Phase 2 Rule)
70 FR 71612, 71655, November 29,
2005. Sections 172(c)(1) and 182(b)(2) of
the CAA require that all SIPs satisfy the
NOX and VOCs RACT requirements that
apply in areas that have not attained the
NAAQS for ozone. See 42 U.S.C.
7502(c)(1), 42 U.S.C. 7511a(b)(2), and 42
U.S.C. 7511a(f). EPA has determined
that States that have RACT provisions
approved in their SIPs for 1-hour ozone
nonattainment areas have several
options for fulfilling the RACT
requirements for the 8-hour ozone
NAAQS. If a State meets certain
conditions, it may certify that
previously adopted 1-hour ozone RACT
controls in the SIP continue to represent
RACT control levels for purposes of
fulfilling 8-hour ozone RACT
requirements. Alternatively, a State may
establish new or more stringent
requirements that represent RACT
control levels, either in lieu of or in
conjunction with a certification.
As set forth in the preamble to the
Phase 2 Rule, a certification must be
accompanied by appropriate supporting
information such as consideration of
information received during the public
comment period and consideration of
new data (70 FR at 71655). This
information may supplement existing
RACT guidance documents that were
developed for the 1-hour standard, such
that the State’s SIP accurately reflects
RACT for the 8-hour ozone standard
based on the current availability of
technically and economically feasible
controls. Establishment of new RACT
requirements will occur when states
have new stationary sources not covered
by existing RACT regulations, or when
new data or technical information
indicates that a previously adopted
RACT measure does not represent a
newly available RACT control level.
Another 8-hour ozone NAAQS
requirement for RACT is to submit a
negative declaration if there are no CTG
sources or major sources of VOC and
NOX emissions in lieu of or in addition
to a certification.
II. Summary of SIP Revision
On September 22, 2008, the District of
Columbia Department of Environment
(DDOE) submitted a revision to its SIP
that addresses the requirements of
RACT under the 8-hour ozone NAAQS
set forth by the CAA. The District of
Columbia’s SIP revision is consistent
with the process in the Phase 2 Rule
preamble, and satisfies the requirements
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of RACT set forth by the CAA under the
8-hour ozone NAAQS. The District of
Columbia’s SIP revision satisfies the 8hour RACT requirements through a
certification that previously adopted
RACT controls in the District of
Columbia’s SIP that were approved by
EPA under the 1-hour ozone NAAQS
are based on the currently available
technically and economically feasible
controls, and continues to represent
RACT for the 8-hour implementation
purposes and a negative declaration that
no CTG or non-CTG facilities exist in
the District of Columbia.
A. VOC CTG RACT Controls
The District of Columbia’s
Regulations and Statues, under Title 20
District of Columbia Municipal
Regulations (DCMR) Chapter 7, contain
the District of Columbia’s CTG VOC
RACT controls that were implemented
and approved in the District SIP under
the 1-hour ozone NAAQS. Although
Alternate Control Techniques (ACTs)
are not regulatory documents and have
no legal effect on state regulations, EPA
requires that states verify that ACTs
have been considered in the RACT
program development process.
Therefore, DDOE included ACTs in
their certification of applicable RACT
requirements in the submittal. Table 1
lists District of Columbia’s VOC RACT
controls, which the District of Columbia
is certifying as meeting the 8-hour
RACT requirements.
TABLE 1—DISTRICT OF COLUMBIA’S CTG AND ACT VOC RACT CONTROLS
Existing stationary sources—40 CFR 52.2420(c)
DCMR Title 20 section
Title of regulation
State effective date
Federal Register
date for SIP
approval
Citation
716 ....................................
704 ....................................
708 and 742–748 ..............
Offset Lithography ........................................................
Stage I Vapor Recovery ...............................................
Solvent Cleaning Degreasing .......................................
10/2/98
3/15/85
3/15/85
10/27/99
10/27/99
10/27/99 &
12/29/2004
718 ....................................
706 ....................................
709.1 .................................
704.4 .................................
Paint—Spray Booth ......................................................
Petroleum Dry Cleaners ...............................................
Cutback Asphalt ...........................................................
Leaks from Gasoline Tank Trucks and Vapor Collection Systems.
Engraving and Plate Printing ........................................
Stage II Gasoline Vapor Recovery ...............................
11/26/04
3/15/85
3/15/85
3/15/85
12/23/04
10/27/99
10/27/99
10/27/99
64 FR
64 FR
64 FR
&
69 FR
69 FR
64 FR
64 FR
64 FR
3/15/85
3/15/85
10/27/99
10/27/99
64 FR 57777
64 FR 57777
710, Appendix 7–1 ............
705.4–705.14 ....................
DDOE also submitted a negative
declaration certifying that the following
VOC CTG sources do not exist in the
District of Columbia and therefore there
is no need for the District of Columbia
to adopt CTGs for these sources. Table
57777
57777
57777
77906
76855
57777
57777
57777
2 lists VOC CTG sources in the District
of Columbia’s negative declaration.
TABLE 2—VOC CTG SOURCES FOR WHICH NO APPLICABLE FACILITIES EXIST IN THE DISTRICT OF COLUMBIA
Automobile and light-duty truck manufacturing.
Coating of cans, coils, paper, fabric and vinyl, metal furniture, large appliances, magnet wire, miscellaneous metal parts and products and
flatwood paneling.
Storage of petroleum liquids in fixed-roof tanks.
Bulk gasoline plants.
Petroleum refinery sources.
Manufacture of synthesized pharmaceutical products, pneumatic rubber tires, vegetable oil, synthetic organic chemicals (fugitive VOCs and air
oxidation) and high density polyethylene, polypropylene and polystyrene resins.
Graphic arts systems.
Storage, transportation and marketing of VOCs (fugitive VOCs from oil and gas production and natural gas and gasoline processing).
Aerospace.
Shipbuilding and repair.
Distillation or reactor or batch processes in the synthetic organic chemical manufacturing industry.
Wood furniture coatings.
Storage of petroleum liquids in external floating-roof tanks.
Bulk gasoline terminals.
Petroleum refinery equipment leaks.
B. NOX RACT Controls
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The District of Columbia’s
Regulations and Statutes under Title 20
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DCMR Chapter 8, Section 805 contains
the District of Columbia’s NOX RACT
controls that were implemented and
approved into the District’s SIP under
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the 1-hour ozone SIP. Table 3 lists the
District of Columbia’s NOX RACT
controls.
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TABLE 3—DISTRICT OF COLUMBIA’S NOX RACT CONTROLS
DCMR Title 20 section
Title of regulation
805.1, 805.5 ...................
Fuel-burning equipment with an input capacity of 100 MM Btu/
hr or greater.
Fuel-burning equipment with an input capacity equal to or
greater than 20MM/Btu/hr, but less than 50 MM Btu/hr.
Fuel-burning equipment with an input capacity equal to or
greater than 50 MM/Btu/hr, but less than 100 MM Btu.
Combustion turbine with an input capacity equal to or greater
than 100 MM.
Asphalt concrete plant with a potential to emit (PTE) 25 tons
per year or greater.
All other fuel burning equipment with a PTE 25 tons per year
of NOX or greater.
Stationary Internal Combustion Engines ...................................
805.5, 805.8 ...................
805.1, 805.5 ...................
805.4 ..............................
805.1, 709.1 ...................
805.1 ..............................
805.1 ..............................
The District of Columbia has adopted
the NOX SIP Call trading program. The
PEPCO-Benning Road Generating
Station and GSA facilities in the District
of Columbia subject to the NOX SIP Call
may be recertified as meeting NOX
RACT requirements based on the Phase
2 Rule and source-specific RACT
controls, as well as their compliance
with the NOX Budget Trading Program.
See Phase 2 Rule, 70 FR 71617, 71652,
November 29, 2005.
The District of Columbia SIP revision
certifies that no new or revised NOX and
VOC requirements have been adopted
since the applicability threshold of 25
tons per year for major sources represent
current RACT control level under the 8hour ozone NAAQS.
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III. Proposed Action
EPA is proposing to approve the
District of Columbia SIP revision that
addresses the requirements of RACT
under the 8-hour ozone NAAQS. The
District of Columbia’s SIP revision was
submitted on September 22, 2008. This
SIP revision is based on a certification
that previously adopted RACT controls
in the District of Columbia’s SIP that
were approved by EPA under the 1-hour
ozone NAAQS are based on the
currently available technically and
economically feasible controls, and that
they continue to represent RACT for the
8-hour implementation purposes, and a
negative declaration demonstrating that
no facilities exist in the District of
Columbia for the applicable CTG
categories. 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
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State effective date
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 Clean Air Act. Accordingly, this
action merely proposes to approve 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 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
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Federal Register
date for SIP
approval
4/16/04
12/28/04
4/16/04
12/28/04
4/16/04
12/28/04
4/16/04
12/28/04
4/16/04
12/28/04
4/16/04
12/28/04
4/16/04
12/28/04
Citation
69 FR
77645
69 FR
77645
69 FR
77645
69 FR
77645
69 FR
77645
69 FR
77645
69 FR
77645
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 rule,
pertaining to the District of Columbia
RACT under the 8-hour ozone NAAQS,
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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 24, 2009.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E9–6593 Filed 3–24–09; 8:45 am]
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[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12778-12781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6593]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0595; FRL-8780-7]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Reasonably Available Control Technology Under the
8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the District of Columbia. This SIP revision
consists of a demonstration that the District of Columbia meets the
requirements of reasonably available control technology (RACT) for
nitrogen oxides (NOX) and volatile organic compounds (VOCs)
set forth by the Clean Air Act (CAA). This SIP revision demonstrates
that all requirements for RACT are met either through: certification
that previously adopted RACT controls in the District of Columbia's SIP
that were approved by EPA under the 1-hour ozone National Ambient Air
Quality Standard (NAAQS) are based on the currently available
technically and economically feasible controls, and that they continue
to represent RACT for the 8-hour implementation purposes; and a
negative declaration demonstrating that no facilities exist in the
District of Columbia for the applicable control technology guideline
(CTG) categories. This action is being taken under the CAA.
DATES: Written comments must be received on or before April 24, 2009.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0595 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2008-0595, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0595. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 electronically in https://www.regulations.gov or in hard copy 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
State submittal are available at the District of Columbia Department of
the Environment, 51 N Street, NE., 6th Floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Patrick J. Egan, (215) 814-3167, or by
e-mail at egan.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 12779]]
I. Background
Ozone is formed in the atmosphere by photochemical reactions
between VOC, NOX, and carbon monoxide (CO) in the presence
of sunlight. In order to reduce ozone concentrations in the ambient
air, the CAA requires all nonattainment areas to apply controls on VOC/
NOX emission sources to achieve emission reductions.
Since the 1970's, EPA has consistently interpreted RACT to mean the
lowest emission limit that a particular source is capable of meeting by
the application of the control technology that is reasonably available
considering technological and economic feasibility. See, e.g., 72 FR
20586 at 20610 (April 25, 2007). Section 182 of the CAA sets forth two
separate RACT requirements for ozone nonattainment areas. The first
requirement, contained in section 182(a)(2)(A) of the CAA, and referred
to as RACT fix-up, requires the correction of RACT rules for which EPA
identified deficiencies before the CAA was amended in 1990. On August
4, 1992 (57 FR 34250), EPA published a final rulemaking notice
approving the District of Columbia's SIP revision in order to correct
the District's VOC RACT regulations and establish and require the
implementation of revised SIP regulations to control VOCs.
The second requirement, set forth in section 182(b)(2) of the CAA,
applies to moderate (or worse) ozone nonattainment areas and attainment
areas in the ozone transport region (OTR) established pursuant to
section 184 of the CAA. These areas are required to implement RACT
controls on all major VOC and NOX emission sources and on
all sources and source categories covered by a CTG issued by EPA. On
October 27, 1999 (64 FR 57777), EPA published a final rulemaking notice
approving the District of Columbia's SIP revision as meeting the CTG
RACT provisions of the CAA. Further details of The District of
Columbia's RACT requirements can be found in a Technical Support
Document (TSD) prepared for this rulemaking.
The Washington 1-hour Area had certain RACT requirements under
section 182 for VOC and NOX. Section 182(b)(2) of the CAA
required the District of Columbia to implement RACT on all sources and
source categories covered by a CTG issued by EPA. Point sources with
the potential to emit 50 tons per year or more of VOCs or 100 tons per
year or more of NOX that were not covered by a CTG were also
required to implement RACT. As a result of failure to meet the
attainment date of November 15, 1999, the Metropolitan Washington area
was reclassified from serious to severe nonattainment area for the 1-
hour standard (68 FR 3410, January 24, 2003). As a result of the
reclassification, the District of Columbia was required to perform RACT
evaluations on point sources with the potential to emit 25 tons per
year for either VOC or NOX (69 FR 77647, December 28, 2004).
Under the 1-hour ozone NAAQS, the District of Columbia was
originally classified as part of the Metropolitan Washington serious 1-
hour ozone nonattainment area (Washington 1-hour Area) (56 FR 56694 at
56844, November 6, 1991). The Washington 1-hour Area is also part of
the OTR. The OTR is established by section 184 of the CAA. Areas in the
OTR are subject to OTR-specific RACT requirements. Section 184(b)(1)(B)
of the CAA, requires the implementation of RACT with respect to all
sources of VOC covered by a CTG. Additionally, section 184(b)(2) of the
CAA, requires the implementation of major stationary source
requirements as if the area were a moderate nonattainment area on any
stationary source with a potential to emit of at least 50 tons per year
of VOC or 100 tons per year of NOX. However, the Washington
1-hour Area satisfies the section 184 RACT requirements because section
182 requirements are more stringent as a result of reclassification to
a severe nonattainment area for the 1-hour standard; therefore, no
additional measures for the implementation of RACT are applicable (68
FR at 3425, January 24, 2003).
Under the 8-hour ozone NAAQS, the Washington 1-hr Area, with the
exception of Stafford County, Virginia was designated and classified as
a moderate nonattainment area, and is therefore subject to the CAA RACT
requirements in section 182(b) (69 FR 23858, April 30, 2004). The
District of Columbia is required to submit to EPA a SIP revision that
demonstrates how the District meets the RACT requirements under the 8-
hour ozone standard.
EPA requires under the 8-hour ozone NAAQS that states meet the CAA
RACT requirements, either through a certification that previously
adopted RACT controls in their SIP approved by EPA under the 1-hour
ozone NAAQS represent adequate RACT control levels for 8-hour
attainment purposes, or through the establishment of new or more
stringent requirements that represent RACT control levels. See, Final
Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 2; Final Rule To Implement Certain Aspects of the 1990
Amendments Relating to New Source Review and Prevention of Significant
Deterioration as They Apply in Carbon Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for Reformulated Gasoline (Phase 2 Rule) 70 FR
71612, 71655, November 29, 2005. Sections 172(c)(1) and 182(b)(2) of
the CAA require that all SIPs satisfy the NOX and VOCs RACT
requirements that apply in areas that have not attained the NAAQS for
ozone. See 42 U.S.C. 7502(c)(1), 42 U.S.C. 7511a(b)(2), and 42 U.S.C.
7511a(f). EPA has determined that States that have RACT provisions
approved in their SIPs for 1-hour ozone nonattainment areas have
several options for fulfilling the RACT requirements for the 8-hour
ozone NAAQS. If a State meets certain conditions, it may certify that
previously adopted 1-hour ozone RACT controls in the SIP continue to
represent RACT control levels for purposes of fulfilling 8-hour ozone
RACT requirements. Alternatively, a State may establish new or more
stringent requirements that represent RACT control levels, either in
lieu of or in conjunction with a certification.
As set forth in the preamble to the Phase 2 Rule, a certification
must be accompanied by appropriate supporting information such as
consideration of information received during the public comment period
and consideration of new data (70 FR at 71655). This information may
supplement existing RACT guidance documents that were developed for the
1-hour standard, such that the State's SIP accurately reflects RACT for
the 8-hour ozone standard based on the current availability of
technically and economically feasible controls. Establishment of new
RACT requirements will occur when states have new stationary sources
not covered by existing RACT regulations, or when new data or technical
information indicates that a previously adopted RACT measure does not
represent a newly available RACT control level. Another 8-hour ozone
NAAQS requirement for RACT is to submit a negative declaration if there
are no CTG sources or major sources of VOC and NOX emissions
in lieu of or in addition to a certification.
II. Summary of SIP Revision
On September 22, 2008, the District of Columbia Department of
Environment (DDOE) submitted a revision to its SIP that addresses the
requirements of RACT under the 8-hour ozone NAAQS set forth by the CAA.
The District of Columbia's SIP revision is consistent with the process
in the Phase 2 Rule preamble, and satisfies the requirements
[[Page 12780]]
of RACT set forth by the CAA under the 8-hour ozone NAAQS. The District
of Columbia's SIP revision satisfies the 8-hour RACT requirements
through a certification that previously adopted RACT controls in the
District of Columbia's SIP that were approved by EPA under the 1-hour
ozone NAAQS are based on the currently available technically and
economically feasible controls, and continues to represent RACT for the
8-hour implementation purposes and a negative declaration that no CTG
or non-CTG facilities exist in the District of Columbia.
A. VOC CTG RACT Controls
The District of Columbia's Regulations and Statues, under Title 20
District of Columbia Municipal Regulations (DCMR) Chapter 7, contain
the District of Columbia's CTG VOC RACT controls that were implemented
and approved in the District SIP under the 1-hour ozone NAAQS. Although
Alternate Control Techniques (ACTs) are not regulatory documents and
have no legal effect on state regulations, EPA requires that states
verify that ACTs have been considered in the RACT program development
process. Therefore, DDOE included ACTs in their certification of
applicable RACT requirements in the submittal. Table 1 lists District
of Columbia's VOC RACT controls, which the District of Columbia is
certifying as meeting the 8-hour RACT requirements.
Table 1--District of Columbia's CTG and ACT VOC RACT Controls
----------------------------------------------------------------------------------------------------------------
Existing stationary sources--40 CFR 52.2420(c)
----------------------------------------------------------------------------------
DCMR Title 20 section Federal Register
Title of regulation State effective date for SIP Citation
date approval
----------------------------------------------------------------------------------------------------------------
716.......................... Offset Lithography... 10/2/98 10/27/99 64 FR 57777
704.......................... Stage I Vapor 3/15/85 10/27/99 64 FR 57777
Recovery.
708 and 742-748.............. Solvent Cleaning 3/15/85 10/27/99 & 64 FR 57777 &
Degreasing. 12/29/2004 69 FR 77906
718.......................... Paint--Spray Booth... 11/26/04 12/23/04 69 FR 76855
706.......................... Petroleum Dry 3/15/85 10/27/99 64 FR 57777
Cleaners.
709.1........................ Cutback Asphalt...... 3/15/85 10/27/99 64 FR 57777
704.4........................ Leaks from Gasoline 3/15/85 10/27/99 64 FR 57777
Tank Trucks and
Vapor Collection
Systems.
710, Appendix 7-1............ Engraving and Plate 3/15/85 10/27/99 64 FR 57777
Printing.
705.4-705.14................. Stage II Gasoline 3/15/85 10/27/99 64 FR 57777
Vapor Recovery.
----------------------------------------------------------------------------------------------------------------
DDOE also submitted a negative declaration certifying that the
following VOC CTG sources do not exist in the District of Columbia and
therefore there is no need for the District of Columbia to adopt CTGs
for these sources. Table 2 lists VOC CTG sources in the District of
Columbia's negative declaration.
Table 2--VOC CTG Sources for Which No Applicable Facilities Exist in the
District of Columbia
------------------------------------------------------------------------
-------------------------------------------------------------------------
Automobile and light-duty truck manufacturing.
Coating of cans, coils, paper, fabric and vinyl, metal furniture, large
appliances, magnet wire, miscellaneous metal parts and products and
flatwood paneling.
Storage of petroleum liquids in fixed-roof tanks.
Bulk gasoline plants.
Petroleum refinery sources.
Manufacture of synthesized pharmaceutical products, pneumatic rubber
tires, vegetable oil, synthetic organic chemicals (fugitive VOCs and
air oxidation) and high density polyethylene, polypropylene and
polystyrene resins.
Graphic arts systems.
Storage, transportation and marketing of VOCs (fugitive VOCs from oil
and gas production and natural gas and gasoline processing).
Aerospace.
Shipbuilding and repair.
Distillation or reactor or batch processes in the synthetic organic
chemical manufacturing industry.
Wood furniture coatings.
Storage of petroleum liquids in external floating-roof tanks.
Bulk gasoline terminals.
Petroleum refinery equipment leaks.
------------------------------------------------------------------------
B. NOX RACT Controls
The District of Columbia's Regulations and Statutes under Title 20
DCMR Chapter 8, Section 805 contains the District of Columbia's
NOX RACT controls that were implemented and approved into
the District's SIP under the 1-hour ozone SIP. Table 3 lists the
District of Columbia's NOX RACT controls.
[[Page 12781]]
Table 3--District of Columbia's NOX RACT Controls
----------------------------------------------------------------------------------------------------------------
Federal Register
DCMR Title 20 section Title of regulation State effective date for SIP Citation
date approval
----------------------------------------------------------------------------------------------------------------
805.1, 805.5.................... Fuel-burning equipment 4/16/04 12/28/04 69 FR 77645
with an input capacity
of 100 MM Btu/hr or
greater.
805.5, 805.8.................... Fuel-burning equipment 4/16/04 12/28/04 69 FR 77645
with an input capacity
equal to or greater
than 20MM/Btu/hr, but
less than 50 MM Btu/hr.
805.1, 805.5.................... Fuel-burning equipment 4/16/04 12/28/04 69 FR 77645
with an input capacity
equal to or greater
than 50 MM/Btu/hr, but
less than 100 MM Btu.
805.4........................... Combustion turbine with 4/16/04 12/28/04 69 FR 77645
an input capacity
equal to or greater
than 100 MM.
805.1, 709.1.................... Asphalt concrete plant 4/16/04 12/28/04 69 FR 77645
with a potential to
emit (PTE) 25 tons per
year or greater.
805.1........................... All other fuel burning 4/16/04 12/28/04 69 FR 77645
equipment with a PTE
25 tons per year of
NOX or greater.
805.1........................... Stationary Internal 4/16/04 12/28/04 69 FR 77645
Combustion Engines.
----------------------------------------------------------------------------------------------------------------
The District of Columbia has adopted the NOX SIP Call
trading program. The PEPCO-Benning Road Generating Station and GSA
facilities in the District of Columbia subject to the NOX
SIP Call may be recertified as meeting NOX RACT requirements
based on the Phase 2 Rule and source-specific RACT controls, as well as
their compliance with the NOX Budget Trading Program. See
Phase 2 Rule, 70 FR 71617, 71652, November 29, 2005.
The District of Columbia SIP revision certifies that no new or
revised NOX and VOC requirements have been adopted since the
applicability threshold of 25 tons per year for major sources represent
current RACT control level under the 8-hour ozone NAAQS.
III. Proposed Action
EPA is proposing to approve the District of Columbia SIP revision
that addresses the requirements of RACT under the 8-hour ozone NAAQS.
The District of Columbia's SIP revision was submitted on September 22,
2008. This SIP revision is based on a certification that previously
adopted RACT controls in the District of Columbia's SIP that were
approved by EPA under the 1-hour ozone NAAQS are based on the currently
available technically and economically feasible controls, and that they
continue to represent RACT for the 8-hour implementation purposes, and
a negative declaration demonstrating that no facilities exist in the
District of Columbia for the applicable CTG categories. 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 Clean Air Act. Accordingly,
this action merely proposes to approve 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 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 proposed rule, pertaining to the District of
Columbia RACT under the 8-hour ozone NAAQS, 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 24, 2009.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E9-6593 Filed 3-24-09; 8:45 am]
BILLING CODE 6560-50-P
