Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Reasonably Available Control Technology State Implementation Plan for Nitrogen Oxides Under the 2008 Ozone National Ambient Air Quality Standard, 47914-47923 [2019-19669]

Download as PDF 47914 Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules Diseases Society of America and American Gastroenterological Association). What impact has this had on patient recruitment and conduct of clinical trials? jspears on DSK3GMQ082PROD with PROPOSALS 4. Future and Path Forward • What additional scientific information is needed to determine the safety and effectiveness of FMT for C. difficile infection not responsive to standard therapies? • How generalizable are the existing safety and effectiveness data on use of a specific FMT product for C. difficile infection not responsive to standard therapies to other FMT products for which safety and effectiveness data are not available? • Please comment on how FDA can facilitate patient access, protect patient safety, and include enough flexibility to support innovation for the development and licensure of safe and effective FMT products for C. difficile infection not responsive to standard therapies. III. Participating in the Public Hearing Registration and Requests to Speak and for Formal Oral Presentations: The FDA Conference Center at the White Oak location is a Federal facility with security procedures and limited seating. Attendance will be free. An agenda for the hearing and any other background materials will be made available on October 25, 2019, at https:// www.fda.gov/vaccines-blood-biologics/ news-events-biologics/workshopsmeetings-conferences-biologics. If you need special accommodations because of a disability, please contact Sherri Revell or Loni Warren Henderson at 240–402–8010 at least 7 days before the hearing. For those interested in speaking at the hearing or presenting at the hearing with a formal oral presentation, please register at https://www.eventbrite.com/ e/use-of-fecal-microbiota-fortransplantation-to-treat-clostridiumdifficile-infection-not-responsive-tickets63906239282 as ‘‘In-person presenter.’’ Speaker and presenter registrations are due October 8, 2019. FDA will try to accommodate all persons who wish to make a formal oral presentation. Formal oral presenters may use an accompanying slide deck. Individuals wishing to present should identify their name, which stakeholder group they represent (e.g., patient, clinician, research scientist, industry, stool bank), and the number of the specific question, or questions, they wish to address. FDA will consider this information when organizing the agenda. Individuals and organizations with common interests should consider VerDate Sep<11>2014 17:11 Sep 10, 2019 Jkt 247001 consolidating or coordinating their presentations and request time for a joint presentation. Individual organizations are limited to a single presentation slot. FDA will notify registered presenters of their scheduled presentation times on October 21, 2019. The time allotted for each presentation will depend on the number of individuals who wish to speak. 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Streaming Webcast of the Public Hearing: For those unable to attend in person, FDA will provide a live webcast of the hearing. Please register at https:// www.eventbrite.com/e/use-of-fecalmicrobiota-for-transplantation-to-treatclostridium-difficile-infection-notresponsive-tickets-63906239282 as ‘‘online (webcast only)’’. Media: Please register at https:// www.eventbrite.com/e/use-of-fecalmicrobiota-for-transplantation-to-treatclostridium-difficile-infection-notresponsive-tickets-63906239282 as ‘‘Media’’ by October 28, 2019. Transcripts: Please be advised that as soon as a transcript is available, it will be accessible at https://www.fda.gov/ vaccines-blood-biologics/news-eventsbiologics/workshops-meetingsconferences-biologics and https:// www.regulations.gov. It may be viewed at the Dockets Management Staff (see ADDRESSES). IV. Notification of Hearing Under 21 CFR Part 15 The Commissioner of Food and Drugs is announcing that the public hearing will be held in accordance with part 15 (21 CFR part 15). The hearing will be conducted by a presiding officer, who will be accompanied by FDA senior PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 management officials. Under § 15.30(f) (21 CFR 15.30(f)), the hearing is informal and the rules of evidence do not apply. No participant may interrupt the presentation of another participant. Only the presiding officer and panel members may question any person during or at the conclusion of each presentation. Public hearings under part 15 are subject to FDA’s policy and procedures for electronic media coverage of FDA’s public administrative proceedings (21 CFR part 10, subpart C). Under 21 CFR 10.205, representatives of the electronic media may be permitted, subject to certain limitations, to videotape, film, or otherwise record FDA’s public administrative proceedings, including presentations by participants. Persons attending FDA’s public hearings are advised that the Agency is not responsible for providing access to electrical outlets. The hearing will be transcribed as stipulated in § 15.30(b) (see section III of this document). To the extent that the conditions for the hearing, as described in this notification, conflict with any provisions set out in part 15, this notification acts as a waiver of those provisions as specified in § 15.30(h). Dated: September 5, 2019. Lowell J. Schiller, Principal Associate Commissioner for Policy. [FR Doc. 2019–19643 Filed 9–10–19; 8:45 am] BILLING CODE 4164–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2019–0207; FRL–9999–64– Region 3] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Reasonably Available Control Technology State Implementation Plan for Nitrogen Oxides Under the 2008 Ozone National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the District of Columbia. This revision pertains to reasonably available control technology (RACT) requirements for nitrogen oxides (NOX) under the 2008 8-hour ozone national ambient air quality standard (2008 ozone NAAQS). The District of Columbia’s submittal for the NOX RACT SUMMARY: E:\FR\FM\11SEP1.SGM 11SEP1 jspears on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules for the 2008 ozone NAAQS: Amends existing regulatory provisions to add new or more stringent regulations or controls that represent RACT control levels for combustion turbines and associated heat recovery steam generators and duct burners, amends the applicability provisions of these regulations to include all combustion turbines and associated heat recovery steam generators and duct burners, and adds definitions; includes a source specific NOX RACT determination for four specific emissions units at one major stationary source of NOX; includes a certification that, for other categories of sources, NOX RACT controls already approved by EPA into the District of Columbia’s SIP for previous ozone NAAQS are based on currently available technically and economically feasible controls and continue to represent NOX RACT for 2008 8-hour ozone NAAQS implementation purposes; and (4) removes carbon monoxide emissions limits for combustion turbines that no longer exist in the District of Columbia. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before October 11, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2019–0207 at https:// www.regulations.gov, or via email to spielberger.susan@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. VerDate Sep<11>2014 17:11 Sep 10, 2019 Jkt 247001 Mr. Christopher Cripps, 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) 814–2179. Mr. Cripps can also be reached via electronic mail at cripps.christopher@epa.gov. SUPPLEMENTARY INFORMATION: On August 29, 2018, and as supplemented on December 19, 2018, the District of Columbia’s Department of Energy and Environmental (DOEE) submitted a revision to its SIP that addresses the requirements of NOX RACT under the 2008 ozone NAAQS (‘‘Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOX) Determination for the 2008 8-Hour Ozone National Ambient Air Quality Standards (NAAQS)—Final’’) dated August 29, 2018 with amendments to its NOX control regulations and an operating permit setting RACT for certain specific emissions units at one major stationary source of NOX (hereafter 2008 NOX RACT Submission).1 FOR FURTHER INFORMATION CONTACT: I. Background A. 1-Hour, 1997, and 2008 Ozone NAAQS Ground level ozone is not emitted directly into the air but is created by chemical reaction between NOX and volatile organic compounds (VOCs) in the presence of sunlight. Emissions from industrial facilities, electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are some of the major sources of NOX and VOC. Breathing ozone can trigger a variety of health problems, particularly for children, the elderly, and people of all ages who have lung diseases such as asthma. Ground level ozone can also have harmful effects on sensitive vegetation and ecosystems. CAA sections 108 and 109 require EPA to set primary and secondary NAAQS. Primary NAAQS are those that the attainment and maintenance of which, allowing an adequate margin of safety, are requisite to protect the public health. Secondary NAAQS specify a level of air quality the attainment and maintenance of which is requisite to protect the public welfare from any known or anticipated adverse effects 1 Also, on August 29, 2018 the District of Columbia submitted a separate SIP revision to address all the VOC RACT requirements under the 2008 ozone NAAQS both for VOC sources covered by a CTG and for other major stationary sources of VOC. This VOC RACT SIP revision is the subject of a separate rulemaking action. See 84 FR 33032, July 11, 2019. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 47915 associated with the presence of such air pollutant in the ambient air. Section 109(d) of the CAA requires EPA to complete a thorough review of each NAAQS and make revisions to existing NAAQS and promulgate new NAAQS as may be appropriate. Since 1977, EPA has revised the NAAQS for ozone in 1979, 1997, 2008, and 2015. To date, the primary and secondary ozone NAAQS have been set at the same level. See 40 CFR 50.9, 50.10, 50.15, and 50.19 and appendices thereto. The CAA sets forth a comprehensive regime for implementation of the ozone NAAQS through Federal and state regulation of VOC and NOX emissions. The requirements for ozone SIPs are found in sections 172 and 182 through 185 of the CAA. Under the 1-hour ozone NAAQS, promulgated in 1979, the District of Columbia had been designated as nonattainment for ozone prior to November 15, 1990 and was designated as part of the multi-state Washington Area ozone nonattainment area. This area was initially classified as serious and was later reclassified as severe. See 56 FR 56694 (November 6, 1991); 68 FR 5246 (January 24, 2004); and 40 CFR 81.309. On July 18, 1997, EPA promulgated a revised NAAQS for ground level ozone based on 8-hour average concentrations. 62 FR 38856. The 8-hour averaging period replaced the previous 1-hour averaging period, and the level of the NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm (1997 ozone NAAQS). On April 30, 2004, EPA designated the District of Columbia under the 1997 ozone NAAQS as a part of the Washington, DC–MD–VA moderate nonattainment area. See 69 FR 23858 and 40 CFR 81.309. On March 12, 2008, EPA promulgated the 2008 ozone NAAQS to strengthen the 8-hour ozone standards, by revising its level to 0.075 ppm averaged over an 8-hour. On May 21, 2012, EPA designated, under the 2008 ozone NAAQS, the District of Columbia as a part of the Washington, DC–MD–VA marginal nonattainment area. 77 FR 30088 and 40 CFR 81.309. Subsequently, EPA redesignated the District of Columbia portion of this area to attainment of the 2008 ozone NAAQS. See 84 FR 33855 (July 16, 2019). On March 6, 2015, EPA announced its revocation of the 1997 ozone NAAQS for all purposes and for all areas in the country, effective on April 6, 2015. EPA has determined that certain nonattainment planning requirements continue to be in effect under the revoked standard for nonattainment E:\FR\FM\11SEP1.SGM 11SEP1 47916 Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules jspears on DSK3GMQ082PROD with PROPOSALS areas under the 1997 ozone NAAQS, including RACT. See 80 FR 12264. B. RACT Requirements for Ozone The CAA regulates emissions of NOX and VOC to prevent photochemical reactions that result in ozone formation in areas designated nonattainment for the ozone NAAQS. All nonattainment areas under any NAAQS are subject to the general nonattainment planning requirements of CAA section 172. Section 172(c)(1) of the CAA provides that SIPs for nonattainment areas must include reasonably available control measures (RACM) for demonstrating attainment of all NAAQS, including emissions reductions from existing sources through the adoption of RACT. Further, section 182(b)(2) of the CAA sets forth additional RACT requirements for ozone nonattainment areas classified as moderate or higher. Section 182(b)(2) of the CAA sets forth requirements regarding RACT for the ozone NAAQS for VOC sources. Section 182(f) requires major stationary sources of NOX be subject to the same RACT requirements applicable to major stationary sources of VOC. A ‘‘major stationary source’’ is defined based on the source’s potential to emit (PTE) of NOX or VOC, and the applicable thresholds for RACT. These thresholds differ based on the classification of the nonattainment area in which the source is located. See sections 182(c)–(f) and 302 of the CAA. Section 302(j) sets a general threshold of 100 tons per year (tpy) which may be lowered under section 182 depending upon an area’s nonattainment classification. For example, in a severe ozone nonattainment area, the major stationary source threshold for NOX is lowered to 25 tpy from 100 tpy. Section 184(a) of the CAA established the current Ozone Transport Region (OTR) comprised of 12 eastern states, including the District of Columbia. Section 184(b)(2) of the CAA applies the RACT requirements in section 182(b)(2)(C) (relating to RACT on other major stationary sources of VOC and pursuant to CAA section 182(f) to major stationary sources of NOX) for moderate nonattainment areas to nonattainment areas classified as marginal and to attainment areas located within the OTR. This requirement is referred to as OTR RACT. As noted previously, a ‘‘major stationary source’’ is defined based on the source’s PTE of NOX, VOC, or both pollutants, and the applicable thresholds differ based on the classification of the nonattainment area in which the source is located and in some cases being located within the OTR. See sections 182(c)–(f), 184(b) and VerDate Sep<11>2014 17:11 Sep 10, 2019 Jkt 247001 302(j) of the CAA. In the case of a marginal or moderate nonattainment area located in the OTR, the major stationary source threshold for NOX emissions is the same as the OTR threshold of 100 tpy or more PTE. Since the 1970’s, EPA has consistently defined RACT as 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 44 FR 53762 (September 17, 1979) and 57 FR 55620, 55624 (November 25, 1992). Although EPA historically has recommended source-category-wide presumptive RACT limits and plans to continue that practice, decisions on RACT may be made on a case-by-case basis, that is, on an emissions unit specific basis, considering the technological and economic circumstances of the individual source. See 57 FR 55620, 55624 (November 25, 1992). A presumptive RACT emissions limit is an emissions standard that applies to a category of emissions sources unless the source seeks a case-by-case determination of RACT. EPA has provided more substantive RACT requirements through implementation rules for each ozone NAAQS as well as through guidance. In 2004 and 2005, EPA promulgated an implementation rule for the implementation of the 1997 ozone NAAQS in two phases (‘‘Phase 1 of the 1997 Ozone Implementation Rule’’ and ‘‘Phase 2 of the 1997 Ozone Implementation Rule’’). See 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 2005), respectively. The Phase 2 Ozone Implementation Rule addressed RACT statutory requirements under the 1997 ozone NAAQS. See 70 FR 71652. On March 6, 2015, EPA issued its final rule for implementing the 2008 ozone NAAQS (‘‘the 2008 Ozone SIP Requirements Rule’’). 80 FR 12264. At the same time, EPA revoked the 1997 ozone NAAQS, effective on April 6, 2015. The 2008 Ozone SIP Requirements Rule provided comprehensive requirements to transition from the revoked 1997 ozone NAAQS to the 2008 ozone NAAQS, as codified in 40 CFR part 51, subpart AA, following revocation. Consistent with previous policy, EPA determined that areas designated nonattainment for both the 1997 and 2008 ozone NAAQS at the time of revocation, must retain implementation of certain nonattainment area requirements (i.e., anti-backsliding requirements) for the 1997 ozone NAAQS as specified under section 182 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 of the CAA, including RACT. See 40 CFR 51.1100(o). An area remains subject to the anti-backsliding requirements for a revoked NAAQS until EPA determines that the five statutory requirements of CAA section 107(d)(3)(E) are met for a revoked NAAQS.2 There are no effects on applicable OTR requirements for areas within the OTR, as a result of the revocation of the 1997 ozone NAAQS. Thus, the District of Columbia, as a state within the OTR, remains subject to RACT requirements for both the 1997 ozone NAAQS and the 2008 ozone NAAQS. In addressing RACT, the 2008 Ozone SIP Requirements Rule continued most of the RACT provisions and policy for RACT requirements under section 182 and 184 of the CAA issued in the Phase 2 of the 1997 Ozone Implementation Rule. In the 2008 Ozone SIP Requirements Rule, EPA required RACT measures to be implemented by January 1, 2017 for areas classified as moderate nonattainment or above and all areas of the OTR. EPA also provided in the 2008 Ozone SIP Requirements Rule that RACT SIPs must contain adopted RACT regulations, certifications that existing provisions continue to meet RACT, and/ or negative declarations stating that there are no sources in the nonattainment area covered by a specific Control Technique Guideline (CTG) source category. States must submit appropriate supporting information for their RACT submissions, in accordance with Phase 2 of the 1997 Ozone Implementation Rule. Adequate documentation must support that states have considered control technology that is economically and technologically feasible in determining RACT, based on information that is current at the time of development of the RACT SIP. EPA also recognized that states may conclude in some cases that sources already addressed by RACT determinations for the 1-hour and/or 1997 ozone NAAQS may not need to implement additional controls to meet the 2008 ozone NAAQS RACT requirement. See 80 FR 12278– 12279 (March 6, 2015). C. Applicability of RACT Requirements in the District of Columbia Since 1990, the District of Columbia implemented numerous RACT controls throughout the District of Columbia to 2 On February 16, 2018, the United States Court of Appeals for the District of Columbia Circuit (D.C. Cir. Court) issued an opinion on the 2008 Ozone SIP Requirements Rule. South Coast Air Quality Management District v. EPA, 882 F.3d 1138 (D.C. Cir. 2018) (‘‘South Coast II’’). The D.C. Cir. Court found certain parts unreasonable and vacated those provisions accordingly. E:\FR\FM\11SEP1.SGM 11SEP1 Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules meet the CAA RACT requirements under the 1-hour and the 1997 ozone standards. The District of Columbia was first subject to NOX RACT requirements as a serious (later reclassified to severe) ozone nonattainment area under the 1hour ozone NAAQS and as a moderate nonattainment area under the 1997 ozone NAAQS. The District of Columbia’s first NOX RACT rules were adopted and codified as Section 805 (Section 805) under Title 20 of the District of Columbia Municipal Regulations (20 DCMR), Chapter 8— Asbestos, Sulfur and Nitrogen Oxides, and adopted other supporting provisions in 20 DCMR Chapter 1 (relating to definitions and abbreviations) and in Chapter 5 (relating to source monitoring and reporting). Section 805 was originally effective in 1993 with amendments in 2000 and 2004. See 65 FR 81369 (December 26, 2000); 69 FR 77645 (December 28, 2004); and 69 FR 77647 (December 28, 2004). For the 1997 ozone NAAQS, the District of Columbia revised and promulgated its RACT regulations and demonstrated that it complied with the CAA RACT requirements in a SIP revision (1997 RACT SIP) approved by EPA on June 16, 2009 (74 FR 28447). The District of Columbia has no outstanding ozone RACT requirements for the 1-hour and 1997 ozone NAAQS. Under the 2008 ozone NAAQS, the District of Columbia is classified as marginal nonattainment and therefore has no RACT requirements due to its designation and classification as an ozone nonattainment area. However, because the District of Columbia is part of the OTR established under section 184 of the CAA, the District of Columbia has obligations under the OTR RACT requirements of CAA sections 184(b) and 182(f). RACT applies to major stationary sources of NOX and VOC under each ozone NAAQS or any VOC sources subject to CTG RACT. Because the District of Columbia’s NOX RACT SIP revision is the only subject of this notice of proposed rulemaking, the VOC RACT requirements in the District of Columbia will not be discussed further. jspears on DSK3GMQ082PROD with PROPOSALS II. Summary of the District of Columbia’s SIP Revision A. Overview On August 29, 2018 and supplemented on December 19, 2018, DOEE submitted a revision to the District of Columbia’s SIP to address all the requirements of NOX RACT set forth by the CAA under the 2008 ozone NAAQS (the 2008 NOX RACT Submission). This SIP revision includes VerDate Sep<11>2014 17:11 Sep 10, 2019 Jkt 247001 amendments to 20 DCMR, Chapter 8, sections 805.1 (Section 805.1, relating to applicability), and 805.4 (Section 805.4, emissions limits for stationary combustion turbines) and to 20 DCMR Chapter 1, Section 199 (Section 199, relating to definitions). B. Main Components of the SIP Revision The District of Columbia’s 2008 NOX RACT Submission includes: 1. New regulations for certain stationary combustion turbinecogeneration (or combined heat and power (CHP) systems) emissions sources that have come on line at four major stationary sources of NOX in the District of Columbia since the 1997 RACT SIP was developed.3 The new regulations also set NOX RACT emissions limits for any additional combustion turbine in the categories regulated beyond those existing in the District of Columbia on the date, December 14, 2018, the new emissions limits in the 2008 NOX RACT Submission were adopted. These regulatory changes include changes in the applicability provisions of Section 805 and include the addition of new definitions needed by the addition of or revisions to the NOX emission limits for the recently installed categories of combustion turbines. The former Section 805.4 only set NOX emissions limits for combustion turbines of over 100 million British Thermal Units per hour (mmBTU per hour) heat input burning fuel oil; the new regulations in the 2008 NOX RACT Submission for stationary combustion turbines set NOX limits for turbines over 50 mmBTU per hour burning fuel oil which are as stringent or more stringent than the prior limits. Specifically, these amendments to 20 DCMR, Chapter 8, include changes to applicability in Section 805.1, emissions limits for stationary combustion turbines in Section 805.4, and definitions in Section 199; 2. Source-specific RACT determinations for three flares and one auxiliary boiler that are located at the Blue Plains Advanced Wastewater Treatment Plant (BPAWTP) that are unique to the District of Columbia. The DOEE opted to set the NOX RACT limits for those sources by adding to the District of Columbia SIP those specific NOX emission limitations, which the 3 Hereafter, ‘‘combustion turbine’’ will mean ‘‘stationary combustion turbine.’’ As used in Section 805.4 and defined in 20 DCMR Chapter 1, Section 199, a ‘‘stationary combustion turbine’’ means that the combustion turbine is not selfpropelled or intended to be propelled while performing its function. It may, however, be mounted on a vehicle for portability. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 47917 DOEE has determined are NOX RACT, in an operating permit; 3. For all other sources at major stationary sources of NOX in the District of Columbia, a certification that the NOX emissions limits found in Section 805, which were implemented and approved into the District of Columbia’s SIP under the 1-hour and the 1997 ozone NAAQS, are still RACT with the exception of: (a) The revised emissions limits for stationary combustion turbines found in Section 805.4; (b) the source-specific RACT determinations at the BPAWTP; and (c) the other new regulatory provisions relating to definitions and source monitoring; and 4. Amendments to the existing Section 805.4 to remove carbon monoxide (CO) emissions limits relating to combustion turbines of over 100 mmBTU per hour heat input burning fuel oil because there are no longer any such emissions units in the District of Columbia. III. EPA’s Evaluation of the District of Columbia’s SIP Revision A. New Emissions Limits for Combustion Turbines and Conforming Amendments The District of Columbia’s NOX RACT SIP revision contains a final rule amending 20 DCMR, Chapter 8, Section 805.4 to amend the District of Columbia’s NOX emission limits for combustion turbines and for any duct burners or associated heat recovery steam generators. Emissions limits are set for combustion turbines depending upon the peak heat input rating of the combustion turbine and type of fuel burned. The amendments also include the addition of conforming definitions and abbreviations to the applicability provisions of Section 805.1 to clarify that any associated heat recovery steam generators and duct burners were subject to Section 805. Further, the amendments amend Section 199 ‘‘Definitions And Abbreviations’’ to add definitions for new terms found in Section 805.4 and to remove CO emissions limits for combustion turbines of over 100 mmBTU per hour heat input burning fuel oil (discussed further in section III. D. of this document). 1. Amendments to Section 805.1 Applicability of Section 805 Section 805.4, prior to the 2008 NOX RACT Submission, established NOX RACT standards for combustion turbines with heat input capacities of 100 mmBTU per hour or more. Since the final rulemaking of Section 805 published on April 16, 2004, all E:\FR\FM\11SEP1.SGM 11SEP1 47918 Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules jspears on DSK3GMQ082PROD with PROPOSALS combustion turbines located in the District of Columbia with heat input capacities of 100 mmBTU per hour or more have been decommissioned. Volume 65, No. 30 of the District of Columbia Register (DCR), page 007876, July 27, 2018. However, several new combustion turbines with heat input capacities less than 100 mmBTU per hour and in some cases associated heat recovery steam generators and duct burners have been installed at major stationary sources of NOX since that time. The amendments to Section 805.4 in the 2008 NOX RACT Submission set NOX emission limits for such smaller units, and the DOEE now seeks to include the amendments into the District of Columbia’s SIP. Sections 805.1(a) and 805.1(a)(2) regarding applicability of Section 805 were amended to specify that Section 805 also applies to any heat recovery steam generators and duct burners associated with combustion turbines which are part of a turbine and to combustion turbines of any size at a major stationary source of NOX. EPA believes this change is approvable as the amended applicability provisions clearly specify that all combustion turbines and any associated heat recovery steam generators and duct burners at major stationary sources of NOX are covered by the NOX emission limits now set by Section 805.4. 2. New Emissions Limits for Combustion Turbines and Associated Heat Recovery Steam Generators and Duct Burners The DOEE amended Section 805.4 to establish presumptive NOX RACT emissions limits for combustion turbines with heat input capacities less than 100 mmBTU per hour. The DOEE set NOX RACT limits for stationary combustion turbines based on a review of emission levels achieved in practice at existing stationary combustion turbines in the District of Columbia, emission limits set by preconstruction permits, the new source performance standards (NSPS) in Title 40 of the Code of Federal Regulations (40 CFR), Part 60, subpart KKKK Standards of Performance for Stationary Combustion Turbines (NSPS subpart KKKK) and upon recommendations in an Ozone Transport Commission (OTC) model rule.4 The DOEE revised 20 DMCR Section 805.4 to establish these levels achieved in practice, NSPS or permit 4 The OTC recommendations are found in a ‘‘model rule’’ available on-line at https://otcair.org/ upload/Documents/Model%20Rules/ OTC%20Model%20Rule%20%20HEDD%20Turbines%20Final.pdf (last accessed and downloaded March 27, 2019). VerDate Sep<11>2014 17:11 Sep 10, 2019 Jkt 247001 limits as presumptive NOX RACT emission limits for the District of Columbia’s SIP. Most of the emissions limits are set in parts per million by volume dry basis (ppmvd) corrected to 15 percent excess oxygen (@15% O2) or (ppmvd @15% O2). Section 805.4 specifies that the applicability of its NOX emissions limits shall be determined therein solely upon the peak heat input rating of the combustion turbine without inclusion of any additional heat input from associated heat recovery steam generators or duct burners when determining the peak heat input to the combustion turbine. Restricting applicability based solely on the combustion turbine’s heat input rating is the same as the applicability provisions of the NSPS subpart KKKK. See 40 CFR 60.4305. The applicable emissions limit depends on the date that construction, modification, or reconstruction commenced, and whether duct burners of associated heat recovery steam generators are used. Under the revised Section 805.4 submitted in the 2008 NOX RACT Submission the NOX emission limits for combustion turbines are 25 ppmvd @ 15% O2 when burning gaseous fuels except for combustion turbines under 10 mmBTU per hour heat input capacity burning only natural gas. For units with heat input ratings of less than or equal to 50 mmBTU per hour, the Section 805.4 limits are 25 ppmvd @15% O2 when burning gaseous fuels and of 42 ppmvd @15% O2 when burning liquid fuels; these limits are more stringent than the NSPS subpart KKKK standards when burning natural gas and when burning ‘‘fuels other than natural gas,’’ respectively. For units with heat input ratings of greater than 50 mmBTU per hour, the NOX emission limit is 74 ppmvd @15% O2 when burning liquid fuels which is the same as that found in NSPS subpart KKKK. When construction, modification, or reconstruction commenced on or after February 18, 2005, this 74 ppmvd limit also applies. For any combustion turbine of greater than 50 mmBTU per hour heat input capacity for which construction, modification, or reconstruction commenced before February 18, 2005, the emission limit is twenty hundredths (0.20) pounds per million BTU heat input (calendar day average) when burning any fuel or combinations if the duct burners are in use. The NOX emission limits in Section 805.4 before adoption of the limits in the 2008 NOX RACT submission were 75 ppmvd @15% O2 and applied to oilfired, combustion turbines with a heat PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 input over 100 mmBTU per hour. The amended Section 805.4 sets a NOX emission limit of 74 ppmvd @15% O2 for stationary combustion turbines of greater than 50 mmBTU per hour heat input capacity when burning liquid fuels. Oil would constitute a liquid fuel under the new definition (discussed in the next section of this document) found in Section 199. Therefore, the amended Section 805.4 sets a limit which is slightly more stringent for oil-fired stationary combustion turbines of greater than 100 mmBTU per hour heat input capacity than what existed before adoption of the 2008 NOX RACT Submission. EPA finds that revising Section 805.4 with the regulatory changes of the 2008 NOX RACT Submission strengthens the SIP with respect to oil-fired stationary combustion turbines of greater than 100 mmBTU per hour heat input capacity. When burning a mixture of fuels, the gaseous fuels limit applies if the percentage of heat input from gaseous fuels is greater than or equal to 50 percent; if the heat input from liquid fuels is greater than 50 percent, the liquid fuel limit applies. This provision is analogous to the NSPS subpart KKKK provisions for mixed fuel firing (40 CFR 60.4325) except when Section 805.4 specifies ‘‘gaseous fuels’’ and ‘‘liquid fuels’’ the NSPS specifies ‘‘natural gas’’ and ‘‘fuels other than natural gas,’’ respectively. The District of Columbia has one facility with combustion turbines that can burn ‘‘digestor gas’’ which is made by treating sewage. Under the NSPS subpart KKKK such a unit would have to comply with the NSPS limits for ‘‘fuels other than natural gas’’ when burning ‘‘digestor gas.’’ Under the revised Section 805.4 a combustion turbine burning ‘‘digestor gas’’ must meet the same NOX limits for combustion turbines burning natural gas or any other gaseous fuel due to the definition adopted for ‘‘gaseous fuel.’’ 3. Definitions Added to Section 199 The amended regulations also add definitions to Section 199 ‘‘Definitions and Abbreviations’’ for ‘‘duct burner,’’ ‘‘gaseous fuel,’’ ‘‘heat recovery steam generating unit,’’ ‘‘liquid fuel,’’ ‘‘natural gas’’ and ‘‘combustion turbine.’’ See Section 199.1. EPA believes that these definitions are necessary to define what exact sources are subject to Section 805.4 and when specific limits apply by fuel type. With two exceptions, the definitions added to Section 199.1 are the same as those found in the NSPS subpart KKKK (40 CFR 60.4420). The two exceptions are the definitions for ‘‘gaseous fuel’’ E:\FR\FM\11SEP1.SGM 11SEP1 Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules and ‘‘liquid fuel.’’ The NSPS subpart KKKK needs to define ‘‘natural gas’’ because the NSPS subpart KKKK distinguishes NOX emissions limits for stationary combustion turbines burning only natural gas from units burning ‘‘fuels other than natural gas.’’ Section 199.1 defines ‘‘gaseous fuel’’ with the criterion of a fuel that is in ‘‘a gaseous state at standard atmospheric temperature and pressure under ordinary conditions.’’ This definition includes fuels that under the NSPS Subpart KKKK would be a fuel other than natural gas and subject to higher limits than those applicable to units burning natural gas. Under the Section 199.1 amendment, ‘‘natural gas’’ is a subset of ‘‘gaseous fuel.’’ Section 199.1 defines ‘‘liquid fuel’’ as ‘‘any fuel that maintains a liquid state at standard atmospheric temperature and pressure.’’ The net effect of these differences in definitions is that Section 805.4 sets more stringent limits than NSPS subpart KKKK for some fuels other than natural gas. The amended regulations in the 2008 NOX RACT Submission also add to Section 199.2 the abbreviation ‘‘ppmvd’’ to mean ‘‘Parts Per Million by Volume Dry Basis.’’ jspears on DSK3GMQ082PROD with PROPOSALS 4. Applicable Affected Source Threshold EPA only requires that when implementing a revised ozone NAAQS, a state must review and update NOX RACT only for those stationary sources of NOX that are ‘‘major threshold’’ with an area’s classification under the revised ozone NAAQS. Because the District of Columbia has been designated as a marginal nonattainment area in the OTR the RACT obligation for the 2008 ozone NAAQS applies only to major stationary sources of 100 tpy PTE or more of NOX. The District of Columbia’s emissions limitations for stationary combustion turbines in the 2008 NOX RACT Submission apply to combustion turbines at stationary sources with a PTE of 25 tpy or more of NOX because the District of Columbia retains the 25 tpy PTE applicability threshold found in Section 805.1 required under the District of Columbia’s severe classification under the 1-hour NAAQS. In the preamble to the proposed rule for the amendments to Section 805, the District of Columbia provided notice that then proposed (now final) combustion turbine emissions limits would apply to any combustion turbines located at a stationary source with the PTE of 25 tpy or more of NOX. Volume 65, No. 30, of the District of Columbia Register, Page 007877, July 27, 2018. This makes the 2008 NOX RACT VerDate Sep<11>2014 17:11 Sep 10, 2019 Jkt 247001 Submission more stringent than that required for the 2008 ozone NAAQS. 5. Other Provisions Section 805.4 sets a maintenance standard for combustion turbines with a heat input rating less than or equal to 10 mmBTU per hour and fired exclusively on natural gas. Section 805.4 also has a requirement that any combustion turbine subject to Section 805 shall always be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions, including during startup, shutdown, and malfunction. Additionally, Section 805.4 prohibits any combustion turbine fired on coal or a synthetic fuel derived from coal and requires any combustion turbine designed to be fired on any solid fuel other than coal or a synthetic fuel derived from any other solid than coal to have a case-by-case RACT determined pursuant to Section 805.7 (already in the SIP) for approval by EPA as a revision to the District of Columbia’s SIP. 6. EPA Analysis The DOEE NOX RACT regulation is based on current technologies for combustion turbines, without the addition of add-on controls such as selective catalytic reduction (SCR). DOEE’s review was based on a review of emission levels achieved in practice by the existing sources within the District of Columbia and by sources subject to the NSPS subpart KKKK or by sources subject to a lowest achievable emission rate (LAER) determination limits set by a preconstruction permit.5 The District of Columbia’s limits were set based upon the comparability to those established for new units according to the NSPS Subpart KKKK or permits for units with heat input ratings exceeding 50 mmBTU per hour. For units with heat input ratings less than or equal to 50 mmBTU per hour, the DOEE set limits more stringent than the NSPS Subpart KKKK standards based upon 2010 recommendations made by the OTC. The DOEE evaluated technically feasible add-on controls, such as SCR, as 5 CAA section 171 defines LAER as the most stringent rate of emissions based on the following: (1) The most stringent emissions limitation which is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or (2) The most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. In no event shall the application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable NSPS. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 47919 RACT for this source category but determined that heavy investment in additional end-of-pipe controls to this level is not economically feasible or cost effective with respect to the 2008 ozone NAAQS. The Department estimated a cost per ton of NOX reductions of $13,794 for small turbines (in the 5megawatt range) currently found in the District of Columbia. EPA finds that the RACT determination provided by the District of Columbia is reasonable and appropriately considered technically and economically feasible controls while setting lowest achievable limits to adequately meet RACT under the 2008 8-hour ozone NAAQS for these categories of combustion turbines. EPA finds that the District of Columbia has set presumptive RACT emissions limits for stationary combustion turbines for existing major stationary sources of NOX in the District of Columbia. EPA finds that revising Section 805.4 with the regulatory changes of the 2008 NOX RACT Submission strengthens the SIP with respect to oil-fired stationary combustion turbines of greater than 100 mm BTU per hour heat input capacity and can be approved. B. District of Columbia Water Blue Plains Advanced Wastewater Treatment Plant Source Specific NOX RACT The DOEE issued a permit to District of Columbia Water and Sewer Authority (DC Water) to construct and operate new biosolids handling facilities located at the BPAWTP. The equipment to be installed and operated included: (1) A main process train that includes four thermal hydrolysis process trains (for thermally hydrolyzed sludge digestion) and two emergency flares rated at 126 mmBTU per hour heat input for each firing digestor gas, and (2) a CHP system that includes three stationary combustion turbines each with a duct burner, one auxiliary boiler of 62.52 mmBTU per hour heat input, and one ‘‘siloxane destruction flare’’ rated at 6.14 mmBTU per hour. The two emergency flares of the main process train and the auxiliary boiler and the siloxane destruction flare in the CHP system emit NOX and are subject to the NOX RACT source specific determination requirements For the CHP system and the two emergency flares of the main process train, DOEE issued the BPAWTP a permit to operate on April 20, 2018 (April 20, 2018 operating permit) pursuant to 20 DCMR Section 200.2. The equipment covered by the April 20, 2018 operating permit covered the combustion turbines and associated duct burners plus the auxiliary boiler E:\FR\FM\11SEP1.SGM 11SEP1 47920 Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules and flares that burn digester gas.6 The NOX emission limits for the permitted equipment were established through a non-attainment new source review process in 2011/2012 and the installed emission controls were determined to be LAER at that time. Prior to issuing the final April 20, 2018 operating permit, the DOEE conducted a review of the emissions limits and determined that these combustion turbines, heat recovery steam generators with duct burners (covered under the amended Section 805.4), and an auxiliary boiler are still among the best performing units in EPA’s RACT/BACT/LAER Clearinghouse for broadly similar applications and are therefore at least as stringent as RACT.7 Part of the review of the April 20, 2018 operating permit included a reevaluation of the NOX limits for the digester gas-fired auxiliary boiler and the three flares at the facility based upon actual performance. The DOEE concluded that, due to higher concentrations of ammonia in the digester gas compared to that resulting from other sewage digester systems, the three flares and the boiler would each inherently emit more NOX than the typical flares and auxiliary boilers fired with digestor gas. The DOEE concluded that this is due to the difference in digestion processes. The BPAWTP uses a different digestion technology— thermally hydrolyzed sludge digestion—which is the first of its kind in the United States. As such, even though the BPAWTP uses a flare used in other digester gas applications, the NOX levels exiting the flare are higher due to the increased fuel-bound nitrogen. Based upon this 2018 review of the performance of the auxiliary boiler and the three flares, the DOEE concluded that the NOX emission limits and associated control technologies in the April 20, 2018 permit for the digester gas-fired auxiliary boiler and the three flares at the facility meet or exceed RACT requirements because these limits were based upon the DOEE’s LAER, which by definition cannot be less stringent than RACT and often results in more stringent control than RACT. With the 2008 NOX RACT Submission, the DOEE submitted a redacted version of the April 20, 2018 operating permit, which includes only those provisions related to the NOX RACT determination. A copy of the redacted April 20, 2018 operating permit is in the docket for this proposed action. The emissions limits, testing or reporting requirements for other pollutants such as particulate matter, sulfur dioxide, carbon monoxide have been redacted so as not to be submitted for inclusion in the SIP. The following Table 1 provides a summary of the NOX emission limits. TABLE 1—NOX LIMITS FOR BPAWTP AUXILIARY BOILER AND FLARES Heat Input capacity—mmBTU per hour ........... NOX limit (pounds NOX/mmBTU) ..................... Mass limit NOX pounds per hour ..................... Auxiliary boiler (AB) Siloxane destruction flare (SF) Emergency flares (each) 62.52 on DG ................................................... 61.79 on NG ................................................... 0.034 on DG ................................................... 0.032 on NG ................................................... 2.11 on any percentage of DG ....................... 6.14 on DG ................. 126 on DG. 0.06 on DG ................. 0.101 on DG. 0.37 ............................ 12.72. ‘‘DG’’ means digestor gas; ‘‘NG’’ means natural gas. jspears on DSK3GMQ082PROD with PROPOSALS EPA finds that the RACT determination provided by the District of Columbia is reasonable and appropriately considered technically and economically feasible controls while setting lowest achievable limits to adequately meet RACT on a source specific basis under the 2008 8-hour ozone NAAQS for these emissions units. EPA finds that source specific limits are appropriate because the source category, related to municipal wastewater treatment, is unique within the District of Columbia. These limits were set on technology consistent with LAER which essentially reflects the lowest rate in any SIP or achieved in practice and are based upon the actual performance of the emissions units. C. Certification of Other Provisions in Section 805 Prior to the amendments submitted with the 2008 NOX RACT Submission, 6 NO RACT for the three 46.3 mmBTU per hour X combustion turbines and heat recovery steam generators each equipped with a 21 mmBTU per VerDate Sep<11>2014 17:11 Sep 10, 2019 Jkt 247001 Section 805 contained the District of Columbia’s NOX RACT controls as amended in 2004 for implementation and approval into the District of Columbia SIP under the 1-hour and the 1997 ozone NAAQS. The District of Columbia’s 2008 NOX RACT Submission includes a certification that the controls of the 2004 version of Section 805 are still RACT except for those sources for which the District of Columbia submitted new NOX RACT emissions limits in the 2008 NOX RACT Submission. These sources are: (1) The new limits for combustion turbines at several major NOX sources (see section III. A. in this document); and (2) the digester gas equipment at one major NOX source (see section III. B. in this document regarding the BPAWTP). Section 805 was originally adopted in 1993 and amended in 2000 and 2004. The District of Columbia’s NOX RACT emissions limits are specified by source groups. Table 2 lists the rulemaking history of District of Columbia’s previously adopted NOX RACT controls, and Table 2 lists the source groups covered by Section 805. In the 2008 RACT Submission, the District of Columbia is certifying that with certain exceptions (the amendments to Section 805.4 and the unit specific limits at the BPAWTP), Section 805 continues to represent the lowest emission limits based on currently available and economically feasible control technology for the source categories and, therefore, meets the RACT requirements for the 2008 ozone NAAQS for major NOX stationary sources as required by CAA sections 184(b)(2) and 182(f). hour heat input duct burner is set under the revised Section 805.4. 7 BACT stands for best available control technology and is a requirement for certain preconstruction permits under CAA Title I, Part C (prevention of significant deterioration). PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules 47921 TABLE 2—DISTRICT OF COLUMBIA’S NOX RACT CONTROLS—RULEMAKING HISTORY OF SIP APPROVED PROVISIONS Regulation 20 DCMR Submittal State effective date Federal Register date 805 .............................. Original 1-hour ozone submittal ................... Dec. 26, 2000 ............... 65 FR 81369. 805 .............................. 805 and 199.1 ............ Minor clarifications ........................................ Set applicability threshold to 25 tpy NOX— severe nonattainment area under 1-hour NAAQS. Certify as RACT under 1997 ozone NAAQS Nov. 19, 1993 and Dec. 8, 2000. April 16, 2004 ........... April 16, 2004 ........... Dec. 28, 2004 ............... Dec. 28, 2004 ............... 69 FR 77645. 69 FR 77647. September 22, 2008 June 16, 2009 .............. 74 FR 28447. 805 .............................. Federal Register notice TABLE 3—DISTRICT OF COLUMBIA’S NOX RACT CONTROLS—RULEMAKING HISTORY OF SIP APPROVED PROVISIONS BY SOURCE CATEGORY Federal Register notice # Regulation 20 DCMR Title of regulation State effective date # Federal effective date # 805.1 ......................... Fuel-burning equipment with an input capacity of 100 mmBTU per hour or greater. Fuel-burning equipment with an input capacity equal to or greater than 20 mmBTU per hour, but less than 50 mmBTU per hour. Fuel-burning equipment with an input capacity equal to or greater than 50 but less than mmBTU per hour. Combustion turbines ................................... April 16, 2004 ........... Dec. 28, 2004 ..................... 69 FR 77645. April 16, 2004 ........... Dec. 28, 2004 ..................... 69 FR 77645. April 16, 2004 ........... Dec. 28, 2004 ..................... 69 FR 77645. Nov. 27, 2018 .......... See Sections D.1. above and D.4. below ##. April 16, 2004 ........... Dec. 28, 2004 ..................... See Sections D.1. above and D.4. below ##. 69 FR 77645. April 16, 2004 ........... Dec. 28, 2004 ..................... 69 FR 77645. April 16, 2004 ........... Dec. 28, 2004 ..................... 69 FR 77645. 805.5 & 805.8 ........... 805.1 & 805.8 ........... 805.4 ......................... 805.1 ......................... 805.1 ......................... 805.1 ......................... Asphalt concrete plant with a PTE 25 tpy or greater. All other fuel burning equipment with a PTE of 25 tpy of NOX or greater. Stationary internal combustion engines ..... # Most recent revision or amendment. revisions to Section 805.4 discussed in sections D.1. above and D.4. below completely revise Section 805.4. EPA action of these revisions is the subject of this action. jspears on DSK3GMQ082PROD with PROPOSALS ## The Section 805 (as amended) provides presumptive NOX limits for major stationary sources of NOX but also provides for a case-by-case RACT determination process. The DOEE evaluated their stationary source inventory and current controls against RACT emission limits of other States. The DOEE compared the SIPs of other similarly-situated States in the Eastern United States (Virginia, Maryland, North Carolina, Delaware, New Jersey, New York, Connecticut, and Massachusetts) to the District of Columbia’s current emissions limits and found that DOEE’s Section 805 limits were in the same range. Based upon such considerations, the DOEE concluded that, when combined with the amendments to Section 805 and the source specific NOX RACT determination for the BPAWTP, that no further controls were needed to meet RACT. In combination with the amendments to Sections 199 and 805 regarding certain combustion turbines and related equipment (evaluated in sections III.A of this document) and with the source- VerDate Sep<11>2014 17:11 Sep 10, 2019 Jkt 247001 specific NOX RACT determinations for the flares and auxiliary boiler at BPAWTP (evaluated in sections III.B of this document), EPA proposes to find that the previously adopted RACT controls continue to represent NOX RACT for the 2008 ozone NAAQS required under sections 184(b)(2) and 182(f). D. Removal of Prior Emissions Limits for Combustion Turbines Over 100 mmBTU per Hour The District of Columbia’s amendment to Section 805.4 removes emission limits of 75 ppmvd NOX, corrected to 15% excess oxygen for oilfired, combustion turbines with a heat input over 100 mmBTU per hour from the SIP in the former Section 805.4(a); the former Section 805.4 also restricted CO emissions not to exceed 50 ppmvd @15% O2 at any operating condition, for a one (1) hour average. Regarding NOX emissions, the revised Section 805.4 sets a lower emissions limit for stationary combustion turbines of this size. The revised Section 805.4(a) sets a lower NOX limit of 74 @15% O2 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 for any combustion turbine with heat input rating greater than 50 mmBTU per hour burning any combination of liquid fuels. The revised rule also removes the exemption for low utilization turbines— those operated for less than 500 hours per year. Thus, the NOX limits set in Section 805.4 apply. If any combustion turbines over 100 mmBTU per hour are installed in the District of Columbia in the future such that the PTE increase is over 25 tpy NOX, the District of Columbia SIP major source permitting program requires an emissions rate of LAER and offsetting NOX emissions at a ratio of 1.3:1. See 20 DCMR Chapter 2, Section 204 (Permit Requirements for Sources Affecting Non-attainment Areas), which is approved into the SIP at 40 CFR 52.470(c). For CO emissions, there are no longer any units over 100 mmBTU per hour heat input in the District of Columbia. Therefore, this change will not result in relaxing an existing emissions limitation applicable to any existing emissions unit at a major stationary source. Furthermore, the CO levels in the E:\FR\FM\11SEP1.SGM 11SEP1 47922 Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules jspears on DSK3GMQ082PROD with PROPOSALS Washington-Arlington-Alexandria, DC– VA–MD area are well below the CO NAAQS of 40 CFR 50.8. The maximum value recorded at any ambient air quality monitor in the WashingtonArlington-Alexandria, DC–VA–MD core based statistical area is only 27 percent (2.6 ppm CO) of the 9.5 ppm (8-hour average) NAAQS and less than 8 percent of the 35 ppm (1-hour average) NAAQS. For CO, any new stationary combustion turbine or turbines added in the future that are by themselves a major stationary source of CO or would constitute a significant net emissions increase at an existing major stationary source of CO (or nitrogen dioxide) would be required to obtain a prevention of significant deterioration (PSD) permit under 40 CFR 52.499 and 52.21. The PSD permit would require best available control technology. EPA finds that removal of the CO limits will not hinder or impede attainment or maintenance of the CO NAAQS in the District of Columbia. As far as the ozone or nitrogen dioxide NAAQS, EPA concludes that the replacement of the former 75 ppmvd NOX limits with the 74 ppmvd limits applicable to liquid fuel fired stationary combustion turbines will be as protective of these NAAQS. E. Summary EPA finds that the District of Columbia’s 2008 NOX RACT Submission is reasonable and demonstrates that the District has adopted air pollution control strategies that represent RACT for the purposes of compliance with the 2008 8-hour ozone standard for all major stationary sources of NOX in the District in accordance with the Phase 2 Ozone Implementation Rule, the 2008 Ozone SIP Requirements Rule, and the latest available information. EPA finds that the District of Columbia’s SIP implements RACT with respect to all existing major stationary sources of NOX. EPA also finds that the proposed revisions to previously SIP approved RACT requirements will result in equivalent or additional reductions in NOX emissions and should not interfere with any applicable requirement or reasonable further progress with the NAAQS or interfere with other applicable CAA requirements in section 110(l) of the CAA. IV. Proposed Action EPA is proposing to approve the District of Columbia’s 2008 RACT Submission on the basis that the District of Columbia has met the NOX RACT requirements under the 2008 8-hour ozone NAAQS per CAA sections 182(f) VerDate Sep<11>2014 17:11 Sep 10, 2019 Jkt 247001 and 184(b)(2) for the reasons explained in this notice. EPA is proposing to approve source specific NOX RACT determinations for the BPAWTP and the amendments to sections 199.1, 199.2, 805.1 and 805.4 of 20 DCMR discussed in sections III. A. III. D. and V. A. of this document. The District of Columbia’s SIP revision is based on: (1) Certification that for certain categories of sources, previously adopted RACT controls in the District of Columbia’s SIP that were approved by EPA under the 1-hour ozone NAAQS and 1997 ozone NAAQS continue to be technically and economically feasible controls, and continue to represent RACT for the 2008 ozone NAAQS implementation purposes; (2) the adoption of new or more stringent regulations or controls into the District of Columbia’s SIP that represent presumptive RACT control levels for certain categories of sources; and (3) source specific emissions limits set for flares and an auxiliary boiler serving the BPAWTP. EPA is proposing to remove, in accordance with section 110 of the CAA, provisions setting carbon monoxide emission limits for a category of stationary combustion turbines. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. V. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing for certain categories of NOX emissions at major stationary sources of NOX emissions to incorporate by reference both regulations adopted by the District of Columbia and a sourcespecific RACT determinations under the 2008 8-hour ozone NAAQS found within a preconstruction permit. The amendments to and revision of 20 DCMR Chapters 1 and 8 are specified in Section V. A. of this document; the source specific information is provided in Section V. B of this document. EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). A. Amendments to 20 District of Columbia Municipal Regulations (20 DCMR) 1. Specifically, EPA is proposing to incorporate by reference into 40 CFR PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 52.470(c): Amendments to 20 District of Columbia Municipal Regulations, Chapter 1, sections 199.1 and 199.2. These amendments include adding definitions in Section 199.1 for ‘‘Duct burner,’’ ‘‘Gaseous fuel,’’ Heat recovery steam generator,’’ ‘‘Liquid fuel,’’ ‘‘Natural gas,’’ and ‘‘Stationary combustion turbine,’’ and include an amendment to Section 199.2 to define the abbreviation ‘‘ppmvd.’’ 2. Amendments to 20 District of Columbia Municipal Regulations, Chapter 8, sections 805.1 and 805.4 adopted by the District of Columbia on November 14, 2018 and effective December 14, 2018 as published in Volume 65, Number 51 of the District of Columbia Register on December 14, 2018. These amendments would include: (1) Revising sections 805.1(a) and Section 805.1(a)(1); (2) Revising Section 805.1(a)(1) to remove NOX emissions limits for stationary combustion turbines which have an energy input capacity of one hundred million (100,000,000) BTU and adding NOX emissions limitations for any stationary combustion turbine which commenced construction, modification, or reconstruction after February 18, 2005 and has a heat input rating greater than fifty million (50,000,000) BTU per hour; 3. Revising Section 805.1(a)(2) to remove CO emissions limits for stationary combustion turbines which have an energy input capacity of one hundred million (100,000,000) BTU per hour and adding NOX emissions limitations for any stationary combustion turbine which commenced construction, modification, or reconstruction on or before February 18, 2005 and has a heat input rating greater than fifty million (50,000,000) BTU per hour; 4. Adding a new Section 805.1(a)(3) to set NOX emission limitations for any stationary combustion turbines with a heat input rating less than or equal to fifty million (50,000,000) BTU per hour; 5. Adding a new Section 805.1(a)(4) to set NOX emission limitations for certain stationary combustion turbines with a heat input rating less than or equal to ten million (10,000,000) BTU per hour; 6. Adding new sections 805.1(a)(5)– (7) to add new restrictions on stationary combustion turbines; 7. Amending Section 805.4(b) to replace requirements for stationary combustion turbines with an energy input capacity of one hundred million (100,000,000) BTU per hour or greater which is operated for less than five hundred (500) hours per year with testing and continuous monitoring E:\FR\FM\11SEP1.SGM 11SEP1 jspears on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Proposed Rules requirements for any person required to comply with Section 805.4. These regulatory changes to Section 805.4 and Section 199 were adopted on November 27, 2018 and effective on the date of publication, December 14, 2018, in the District of Columbia Register (Vol. 65, Number 51, page 013499, December 14, 2018). compliance through the test may result in enforcement action.’’; III.d.4.A. except ‘‘including records of visual inspections,’’; III.d.4.B. (ii) except ‘‘and CO’’; III.d.4.B. (iv); and, III.d.5.A. as redacted to exclude ‘‘in addition to complying with Condition II(f)’’. 4. This permit was issued April 20, 2018. B. Source Specific Provisions for the BPAWTP Specifically, EPA is proposing to incorporate by reference into 40 CFR 52.470(d) certain portions of Permit (No. 6372–C2/O) to Construct and Operate New Biosolids Handling Facilities issued to District of Columbia Water and Sewer Authority as redacted by the District of Columbia: 1. The first paragraph citing the pertinent permitting regulations and listing (redacted) the following significant components: One (1) Auxiliary Boiler (AB) rated at 62.52 mmBTU per hour (HHV) heat input, firing DG, One (1) Siloxane Destruction Flare (SF) rated at 6.14 MMBTU per hour heal input, firing DG; and Two (2) Emergency Flares rated at 126 mmBTU per hour heat input each, firing DG. 2. The NOX emissions limits listed in the table found in permit condition ‘‘j.’’ for the Auxiliary Boiler (AB), Siloxane Destruction Flare (SF) and Two (2) Emergency Flares. The hourly NOX emission limits for the Auxiliary Boiler (AB), Siloxane Destruction Flare (SF) and Two (2) Emergency Flares listed in Table 2 (as redacted) found under Condition III. 3. Conditions III.b.1.A.; III.b.3. A. and B.; III.b.3. C.i., iii and iv.; III.b.3.D.; III.b.3.E. except that relating to carbon monoxide/CO; III.b.3.F. except ‘‘and CO’’; III.b.3.G, iv. and v. except the provision ‘‘Failure to demonstrate compliance through the testing may result in enforcement action.’’; III.b.4.A.; III.b.4.B. iv. and v.; III.b.5. as redacted to strike ‘‘in addition to complying with Condition II(f)’’; III.d., III.d.1.A; III.d.2.D; III.d.3.A. only the portion ‘‘Within 60 days of initial startup and once every five years thereafter, the Permittee shall conduct a Departmentapproved compliance source test at multiple loads of EF–l, EF–2, and SF in accordance with 40 CFR 60.8 or a similar protocol acceptable to the Department, to demonstrate compliance with the emissions limitations contained in Condition III(d)(1) of this permit;’’ III.d.3.B as redacted to exclude ‘‘though additional testing may be required at other times pursuant to Condition II(d)(2)’’; III.d.3.C. (i), (iii) and (iv); III.d.3.D.; III.d.3.H.(iv); III.d.3.H.(v) except ‘‘Failure to demonstrate VI. 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 SIP approvals are exempted 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 VerDate Sep<11>2014 17:11 Sep 10, 2019 Jkt 247001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 47923 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, regarding the NOX RACT SIP for the District of Columbia under the 2008 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: August 29, 2019. Cosmo Servidio, Regional Administrator, Region III. [FR Doc. 2019–19669 Filed 9–10–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA–HQ–OPPT–2019–0495; FRL–9999–27] RIN 2070–AB27 Significant New Use Rules on Certain Chemical Substances (19–5.B) Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 6 chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these 6 chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice, and EPA has conducted a review of the notice, made an appropriate determination on the notice under TSCA 5(a)(3), and has taken any risk SUMMARY: E:\FR\FM\11SEP1.SGM 11SEP1

Agencies

[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Proposed Rules]
[Pages 47914-47923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19669]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0207; FRL-9999-64-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Reasonably Available Control Technology State 
Implementation Plan for Nitrogen Oxides Under the 2008 Ozone National 
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
District of Columbia. This revision pertains to reasonably available 
control technology (RACT) requirements for nitrogen oxides 
(NOX) under the 2008 8-hour ozone national ambient air 
quality standard (2008 ozone NAAQS). The District of Columbia's 
submittal for the NOX RACT

[[Page 47915]]

for the 2008 ozone NAAQS: Amends existing regulatory provisions to add 
new or more stringent regulations or controls that represent RACT 
control levels for combustion turbines and associated heat recovery 
steam generators and duct burners, amends the applicability provisions 
of these regulations to include all combustion turbines and associated 
heat recovery steam generators and duct burners, and adds definitions; 
includes a source specific NOX RACT determination for four 
specific emissions units at one major stationary source of 
NOX; includes a certification that, for other categories of 
sources, NOX RACT controls already approved by EPA into the 
District of Columbia's SIP for previous ozone NAAQS are based on 
currently available technically and economically feasible controls and 
continue to represent NOX RACT for 2008 8-hour ozone NAAQS 
implementation purposes; and (4) removes carbon monoxide emissions 
limits for combustion turbines that no longer exist in the District of 
Columbia. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before October 11, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0207 at https://www.regulations.gov, or via email to 
[email protected]. 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: Mr. Christopher Cripps, 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-
2179. Mr. Cripps can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On August 29, 2018, and as supplemented on 
December 19, 2018, the District of Columbia's Department of Energy and 
Environmental (DOEE) submitted a revision to its SIP that addresses the 
requirements of NOX RACT under the 2008 ozone NAAQS 
(``Reasonably Available Control Technology (RACT) for Oxides of 
Nitrogen (NOX) Determination for the 2008 8-Hour Ozone 
National Ambient Air Quality Standards (NAAQS)--Final'') dated August 
29, 2018 with amendments to its NOX control regulations and 
an operating permit setting RACT for certain specific emissions units 
at one major stationary source of NOX (hereafter 2008 
NOX RACT Submission).\1\
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    \1\ Also, on August 29, 2018 the District of Columbia submitted 
a separate SIP revision to address all the VOC RACT requirements 
under the 2008 ozone NAAQS both for VOC sources covered by a CTG and 
for other major stationary sources of VOC. This VOC RACT SIP 
revision is the subject of a separate rulemaking action. See 84 FR 
33032, July 11, 2019.
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I. Background

A. 1-Hour, 1997, and 2008 Ozone NAAQS

    Ground level ozone is not emitted directly into the air but is 
created by chemical reaction between NOX and volatile 
organic compounds (VOCs) in the presence of sunlight. Emissions from 
industrial facilities, electric utilities, motor vehicle exhaust, 
gasoline vapors, and chemical solvents are some of the major sources of 
NOX and VOC. Breathing ozone can trigger a variety of health 
problems, particularly for children, the elderly, and people of all 
ages who have lung diseases such as asthma. Ground level ozone can also 
have harmful effects on sensitive vegetation and ecosystems.
    CAA sections 108 and 109 require EPA to set primary and secondary 
NAAQS. Primary NAAQS are those that the attainment and maintenance of 
which, allowing an adequate margin of safety, are requisite to protect 
the public health. Secondary NAAQS specify a level of air quality the 
attainment and maintenance of which is requisite to protect the public 
welfare from any known or anticipated adverse effects associated with 
the presence of such air pollutant in the ambient air. Section 109(d) 
of the CAA requires EPA to complete a thorough review of each NAAQS and 
make revisions to existing NAAQS and promulgate new NAAQS as may be 
appropriate. Since 1977, EPA has revised the NAAQS for ozone in 1979, 
1997, 2008, and 2015. To date, the primary and secondary ozone NAAQS 
have been set at the same level. See 40 CFR 50.9, 50.10, 50.15, and 
50.19 and appendices thereto.
    The CAA sets forth a comprehensive regime for implementation of the 
ozone NAAQS through Federal and state regulation of VOC and 
NOX emissions. The requirements for ozone SIPs are found in 
sections 172 and 182 through 185 of the CAA.
    Under the 1-hour ozone NAAQS, promulgated in 1979, the District of 
Columbia had been designated as nonattainment for ozone prior to 
November 15, 1990 and was designated as part of the multi-state 
Washington Area ozone nonattainment area. This area was initially 
classified as serious and was later reclassified as severe. See 56 FR 
56694 (November 6, 1991); 68 FR 5246 (January 24, 2004); and 40 CFR 
81.309.
    On July 18, 1997, EPA promulgated a revised NAAQS for ground level 
ozone based on 8-hour average concentrations. 62 FR 38856. The 8-hour 
averaging period replaced the previous 1-hour averaging period, and the 
level of the NAAQS was changed from 0.12 parts per million (ppm) to 
0.08 ppm (1997 ozone NAAQS). On April 30, 2004, EPA designated the 
District of Columbia under the 1997 ozone NAAQS as a part of the 
Washington, DC-MD-VA moderate nonattainment area. See 69 FR 23858 and 
40 CFR 81.309.
    On March 12, 2008, EPA promulgated the 2008 ozone NAAQS to 
strengthen the 8-hour ozone standards, by revising its level to 0.075 
ppm averaged over an 8-hour. On May 21, 2012, EPA designated, under the 
2008 ozone NAAQS, the District of Columbia as a part of the Washington, 
DC-MD-VA marginal nonattainment area. 77 FR 30088 and 40 CFR 81.309. 
Subsequently, EPA redesignated the District of Columbia portion of this 
area to attainment of the 2008 ozone NAAQS. See 84 FR 33855 (July 16, 
2019).
    On March 6, 2015, EPA announced its revocation of the 1997 ozone 
NAAQS for all purposes and for all areas in the country, effective on 
April 6, 2015. EPA has determined that certain nonattainment planning 
requirements continue to be in effect under the revoked standard for 
nonattainment

[[Page 47916]]

areas under the 1997 ozone NAAQS, including RACT. See 80 FR 12264.

B. RACT Requirements for Ozone

    The CAA regulates emissions of NOX and VOC to prevent 
photochemical reactions that result in ozone formation in areas 
designated nonattainment for the ozone NAAQS. All nonattainment areas 
under any NAAQS are subject to the general nonattainment planning 
requirements of CAA section 172. Section 172(c)(1) of the CAA provides 
that SIPs for nonattainment areas must include reasonably available 
control measures (RACM) for demonstrating attainment of all NAAQS, 
including emissions reductions from existing sources through the 
adoption of RACT. Further, section 182(b)(2) of the CAA sets forth 
additional RACT requirements for ozone nonattainment areas classified 
as moderate or higher.
    Section 182(b)(2) of the CAA sets forth requirements regarding RACT 
for the ozone NAAQS for VOC sources. Section 182(f) requires major 
stationary sources of NOX be subject to the same RACT 
requirements applicable to major stationary sources of VOC. A ``major 
stationary source'' is defined based on the source's potential to emit 
(PTE) of NOX or VOC, and the applicable thresholds for RACT. 
These thresholds differ based on the classification of the 
nonattainment area in which the source is located. See sections 182(c)-
(f) and 302 of the CAA. Section 302(j) sets a general threshold of 100 
tons per year (tpy) which may be lowered under section 182 depending 
upon an area's nonattainment classification. For example, in a severe 
ozone nonattainment area, the major stationary source threshold for 
NOX is lowered to 25 tpy from 100 tpy.
    Section 184(a) of the CAA established the current Ozone Transport 
Region (OTR) comprised of 12 eastern states, including the District of 
Columbia. Section 184(b)(2) of the CAA applies the RACT requirements in 
section 182(b)(2)(C) (relating to RACT on other major stationary 
sources of VOC and pursuant to CAA section 182(f) to major stationary 
sources of NOX) for moderate nonattainment areas to 
nonattainment areas classified as marginal and to attainment areas 
located within the OTR. This requirement is referred to as OTR RACT. As 
noted previously, a ``major stationary source'' is defined based on the 
source's PTE of NOX, VOC, or both pollutants, and the 
applicable thresholds differ based on the classification of the 
nonattainment area in which the source is located and in some cases 
being located within the OTR. See sections 182(c)-(f), 184(b) and 
302(j) of the CAA. In the case of a marginal or moderate nonattainment 
area located in the OTR, the major stationary source threshold for 
NOX emissions is the same as the OTR threshold of 100 tpy or 
more PTE.
    Since the 1970's, EPA has consistently defined RACT as 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 44 FR 53762 
(September 17, 1979) and 57 FR 55620, 55624 (November 25, 1992). 
Although EPA historically has recommended source-category-wide 
presumptive RACT limits and plans to continue that practice, decisions 
on RACT may be made on a case-by-case basis, that is, on an emissions 
unit specific basis, considering the technological and economic 
circumstances of the individual source. See 57 FR 55620, 55624 
(November 25, 1992). A presumptive RACT emissions limit is an emissions 
standard that applies to a category of emissions sources unless the 
source seeks a case-by-case determination of RACT.
    EPA has provided more substantive RACT requirements through 
implementation rules for each ozone NAAQS as well as through guidance. 
In 2004 and 2005, EPA promulgated an implementation rule for the 
implementation of the 1997 ozone NAAQS in two phases (``Phase 1 of the 
1997 Ozone Implementation Rule'' and ``Phase 2 of the 1997 Ozone 
Implementation Rule''). See 69 FR 23951 (April 30, 2004) and 70 FR 
71612 (November 29, 2005), respectively. The Phase 2 Ozone 
Implementation Rule addressed RACT statutory requirements under the 
1997 ozone NAAQS. See 70 FR 71652.
    On March 6, 2015, EPA issued its final rule for implementing the 
2008 ozone NAAQS (``the 2008 Ozone SIP Requirements Rule''). 80 FR 
12264. At the same time, EPA revoked the 1997 ozone NAAQS, effective on 
April 6, 2015. The 2008 Ozone SIP Requirements Rule provided 
comprehensive requirements to transition from the revoked 1997 ozone 
NAAQS to the 2008 ozone NAAQS, as codified in 40 CFR part 51, subpart 
AA, following revocation.
    Consistent with previous policy, EPA determined that areas 
designated nonattainment for both the 1997 and 2008 ozone NAAQS at the 
time of revocation, must retain implementation of certain nonattainment 
area requirements (i.e., anti-backsliding requirements) for the 1997 
ozone NAAQS as specified under section 182 of the CAA, including RACT. 
See 40 CFR 51.1100(o). An area remains subject to the anti-backsliding 
requirements for a revoked NAAQS until EPA determines that the five 
statutory requirements of CAA section 107(d)(3)(E) are met for a 
revoked NAAQS.\2\ There are no effects on applicable OTR requirements 
for areas within the OTR, as a result of the revocation of the 1997 
ozone NAAQS. Thus, the District of Columbia, as a state within the OTR, 
remains subject to RACT requirements for both the 1997 ozone NAAQS and 
the 2008 ozone NAAQS.
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    \2\ On February 16, 2018, the United States Court of Appeals for 
the District of Columbia Circuit (D.C. Cir. Court) issued an opinion 
on the 2008 Ozone SIP Requirements Rule. South Coast Air Quality 
Management District v. EPA, 882 F.3d 1138 (D.C. Cir. 2018) (``South 
Coast II''). The D.C. Cir. Court found certain parts unreasonable 
and vacated those provisions accordingly.
---------------------------------------------------------------------------

    In addressing RACT, the 2008 Ozone SIP Requirements Rule continued 
most of the RACT provisions and policy for RACT requirements under 
section 182 and 184 of the CAA issued in the Phase 2 of the 1997 Ozone 
Implementation Rule. In the 2008 Ozone SIP Requirements Rule, EPA 
required RACT measures to be implemented by January 1, 2017 for areas 
classified as moderate nonattainment or above and all areas of the OTR. 
EPA also provided in the 2008 Ozone SIP Requirements Rule that RACT 
SIPs must contain adopted RACT regulations, certifications that 
existing provisions continue to meet RACT, and/or negative declarations 
stating that there are no sources in the nonattainment area covered by 
a specific Control Technique Guideline (CTG) source category. States 
must submit appropriate supporting information for their RACT 
submissions, in accordance with Phase 2 of the 1997 Ozone 
Implementation Rule. Adequate documentation must support that states 
have considered control technology that is economically and 
technologically feasible in determining RACT, based on information that 
is current at the time of development of the RACT SIP. EPA also 
recognized that states may conclude in some cases that sources already 
addressed by RACT determinations for the 1-hour and/or 1997 ozone NAAQS 
may not need to implement additional controls to meet the 2008 ozone 
NAAQS RACT requirement. See 80 FR 12278-12279 (March 6, 2015).

C. Applicability of RACT Requirements in the District of Columbia

    Since 1990, the District of Columbia implemented numerous RACT 
controls throughout the District of Columbia to

[[Page 47917]]

meet the CAA RACT requirements under the 1-hour and the 1997 ozone 
standards. The District of Columbia was first subject to NOX 
RACT requirements as a serious (later reclassified to severe) ozone 
nonattainment area under the 1-hour ozone NAAQS and as a moderate 
nonattainment area under the 1997 ozone NAAQS. The District of 
Columbia's first NOX RACT rules were adopted and codified as 
Section 805 (Section 805) under Title 20 of the District of Columbia 
Municipal Regulations (20 DCMR), Chapter 8--Asbestos, Sulfur and 
Nitrogen Oxides, and adopted other supporting provisions in 20 DCMR 
Chapter 1 (relating to definitions and abbreviations) and in Chapter 5 
(relating to source monitoring and reporting). Section 805 was 
originally effective in 1993 with amendments in 2000 and 2004. See 65 
FR 81369 (December 26, 2000); 69 FR 77645 (December 28, 2004); and 69 
FR 77647 (December 28, 2004). For the 1997 ozone NAAQS, the District of 
Columbia revised and promulgated its RACT regulations and demonstrated 
that it complied with the CAA RACT requirements in a SIP revision (1997 
RACT SIP) approved by EPA on June 16, 2009 (74 FR 28447). The District 
of Columbia has no outstanding ozone RACT requirements for the 1-hour 
and 1997 ozone NAAQS.
    Under the 2008 ozone NAAQS, the District of Columbia is classified 
as marginal nonattainment and therefore has no RACT requirements due to 
its designation and classification as an ozone nonattainment area. 
However, because the District of Columbia is part of the OTR 
established under section 184 of the CAA, the District of Columbia has 
obligations under the OTR RACT requirements of CAA sections 184(b) and 
182(f).
    RACT applies to major stationary sources of NOX and VOC 
under each ozone NAAQS or any VOC sources subject to CTG RACT. Because 
the District of Columbia's NOX RACT SIP revision is the only 
subject of this notice of proposed rulemaking, the VOC RACT 
requirements in the District of Columbia will not be discussed further.

II. Summary of the District of Columbia's SIP Revision

A. Overview

    On August 29, 2018 and supplemented on December 19, 2018, DOEE 
submitted a revision to the District of Columbia's SIP to address all 
the requirements of NOX RACT set forth by the CAA under the 
2008 ozone NAAQS (the 2008 NOX RACT Submission). This SIP 
revision includes amendments to 20 DCMR, Chapter 8, sections 805.1 
(Section 805.1, relating to applicability), and 805.4 (Section 805.4, 
emissions limits for stationary combustion turbines) and to 20 DCMR 
Chapter 1, Section 199 (Section 199, relating to definitions).

B. Main Components of the SIP Revision

    The District of Columbia's 2008 NOX RACT Submission 
includes:
    1. New regulations for certain stationary combustion turbine-
cogeneration (or combined heat and power (CHP) systems) emissions 
sources that have come on line at four major stationary sources of 
NOX in the District of Columbia since the 1997 RACT SIP was 
developed.\3\ The new regulations also set NOX RACT 
emissions limits for any additional combustion turbine in the 
categories regulated beyond those existing in the District of Columbia 
on the date, December 14, 2018, the new emissions limits in the 2008 
NOX RACT Submission were adopted. These regulatory changes 
include changes in the applicability provisions of Section 805 and 
include the addition of new definitions needed by the addition of or 
revisions to the NOX emission limits for the recently 
installed categories of combustion turbines. The former Section 805.4 
only set NOX emissions limits for combustion turbines of 
over 100 million British Thermal Units per hour (mmBTU per hour) heat 
input burning fuel oil; the new regulations in the 2008 NOX 
RACT Submission for stationary combustion turbines set NOX 
limits for turbines over 50 mmBTU per hour burning fuel oil which are 
as stringent or more stringent than the prior limits. Specifically, 
these amendments to 20 DCMR, Chapter 8, include changes to 
applicability in Section 805.1, emissions limits for stationary 
combustion turbines in Section 805.4, and definitions in Section 199;
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    \3\ Hereafter, ``combustion turbine'' will mean ``stationary 
combustion turbine.'' As used in Section 805.4 and defined in 20 
DCMR Chapter 1, Section 199, a ``stationary combustion turbine'' 
means that the combustion turbine is not self-propelled or intended 
to be propelled while performing its function. It may, however, be 
mounted on a vehicle for portability.
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    2. Source-specific RACT determinations for three flares and one 
auxiliary boiler that are located at the Blue Plains Advanced 
Wastewater Treatment Plant (BPAWTP) that are unique to the District of 
Columbia. The DOEE opted to set the NOX RACT limits for 
those sources by adding to the District of Columbia SIP those specific 
NOX emission limitations, which the DOEE has determined are 
NOX RACT, in an operating permit;
    3. For all other sources at major stationary sources of 
NOX in the District of Columbia, a certification that the 
NOX emissions limits found in Section 805, which were 
implemented and approved into the District of Columbia's SIP under the 
1-hour and the 1997 ozone NAAQS, are still RACT with the exception of: 
(a) The revised emissions limits for stationary combustion turbines 
found in Section 805.4; (b) the source-specific RACT determinations at 
the BPAWTP; and (c) the other new regulatory provisions relating to 
definitions and source monitoring; and
    4. Amendments to the existing Section 805.4 to remove carbon 
monoxide (CO) emissions limits relating to combustion turbines of over 
100 mmBTU per hour heat input burning fuel oil because there are no 
longer any such emissions units in the District of Columbia.

III. EPA's Evaluation of the District of Columbia's SIP Revision

A. New Emissions Limits for Combustion Turbines and Conforming 
Amendments

    The District of Columbia's NOX RACT SIP revision 
contains a final rule amending 20 DCMR, Chapter 8, Section 805.4 to 
amend the District of Columbia's NOX emission limits for 
combustion turbines and for any duct burners or associated heat 
recovery steam generators. Emissions limits are set for combustion 
turbines depending upon the peak heat input rating of the combustion 
turbine and type of fuel burned. The amendments also include the 
addition of conforming definitions and abbreviations to the 
applicability provisions of Section 805.1 to clarify that any 
associated heat recovery steam generators and duct burners were subject 
to Section 805. Further, the amendments amend Section 199 ``Definitions 
And Abbreviations'' to add definitions for new terms found in Section 
805.4 and to remove CO emissions limits for combustion turbines of over 
100 mmBTU per hour heat input burning fuel oil (discussed further in 
section III. D. of this document).
1. Amendments to Section 805.1 Applicability of Section 805
    Section 805.4, prior to the 2008 NOX RACT Submission, 
established NOX RACT standards for combustion turbines with 
heat input capacities of 100 mmBTU per hour or more. Since the final 
rulemaking of Section 805 published on April 16, 2004, all

[[Page 47918]]

combustion turbines located in the District of Columbia with heat input 
capacities of 100 mmBTU per hour or more have been decommissioned. 
Volume 65, No. 30 of the District of Columbia Register (DCR), page 
007876, July 27, 2018. However, several new combustion turbines with 
heat input capacities less than 100 mmBTU per hour and in some cases 
associated heat recovery steam generators and duct burners have been 
installed at major stationary sources of NOX since that 
time. The amendments to Section 805.4 in the 2008 NOX RACT 
Submission set NOX emission limits for such smaller units, 
and the DOEE now seeks to include the amendments into the District of 
Columbia's SIP.
    Sections 805.1(a) and 805.1(a)(2) regarding applicability of 
Section 805 were amended to specify that Section 805 also applies to 
any heat recovery steam generators and duct burners associated with 
combustion turbines which are part of a turbine and to combustion 
turbines of any size at a major stationary source of NOX. 
EPA believes this change is approvable as the amended applicability 
provisions clearly specify that all combustion turbines and any 
associated heat recovery steam generators and duct burners at major 
stationary sources of NOX are covered by the NOX 
emission limits now set by Section 805.4.
2. New Emissions Limits for Combustion Turbines and Associated Heat 
Recovery Steam Generators and Duct Burners
    The DOEE amended Section 805.4 to establish presumptive 
NOX RACT emissions limits for combustion turbines with heat 
input capacities less than 100 mmBTU per hour. The DOEE set 
NOX RACT limits for stationary combustion turbines based on 
a review of emission levels achieved in practice at existing stationary 
combustion turbines in the District of Columbia, emission limits set by 
preconstruction permits, the new source performance standards (NSPS) in 
Title 40 of the Code of Federal Regulations (40 CFR), Part 60, subpart 
KKKK Standards of Performance for Stationary Combustion Turbines (NSPS 
subpart KKKK) and upon recommendations in an Ozone Transport Commission 
(OTC) model rule.\4\ The DOEE revised 20 DMCR Section 805.4 to 
establish these levels achieved in practice, NSPS or permit limits as 
presumptive NOX RACT emission limits for the District of 
Columbia's SIP. Most of the emissions limits are set in parts per 
million by volume dry basis (ppmvd) corrected to 15 percent excess 
oxygen (@15% O2) or (ppmvd @15% O2).
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    \4\ The OTC recommendations are found in a ``model rule'' 
available on-line at https://otcair.org/upload/Documents/Model%20Rules/OTC%20Model%20Rule%20-%20HEDD%20Turbines%20Final.pdf 
(last accessed and downloaded March 27, 2019).
---------------------------------------------------------------------------

    Section 805.4 specifies that the applicability of its 
NOX emissions limits shall be determined therein solely upon 
the peak heat input rating of the combustion turbine without inclusion 
of any additional heat input from associated heat recovery steam 
generators or duct burners when determining the peak heat input to the 
combustion turbine. Restricting applicability based solely on the 
combustion turbine's heat input rating is the same as the applicability 
provisions of the NSPS subpart KKKK. See 40 CFR 60.4305. The applicable 
emissions limit depends on the date that construction, modification, or 
reconstruction commenced, and whether duct burners of associated heat 
recovery steam generators are used.
    Under the revised Section 805.4 submitted in the 2008 
NOX RACT Submission the NOX emission limits for 
combustion turbines are 25 ppmvd @15% O2 when burning 
gaseous fuels except for combustion turbines under 10 mmBTU per hour 
heat input capacity burning only natural gas. For units with heat input 
ratings of less than or equal to 50 mmBTU per hour, the Section 805.4 
limits are 25 ppmvd @15% O2 when burning gaseous fuels and 
of 42 ppmvd @15% O2 when burning liquid fuels; these limits 
are more stringent than the NSPS subpart KKKK standards when burning 
natural gas and when burning ``fuels other than natural gas,'' 
respectively. For units with heat input ratings of greater than 50 
mmBTU per hour, the NOX emission limit is 74 ppmvd @15% 
O2 when burning liquid fuels which is the same as that found 
in NSPS subpart KKKK. When construction, modification, or 
reconstruction commenced on or after February 18, 2005, this 74 ppmvd 
limit also applies. For any combustion turbine of greater than 50 mmBTU 
per hour heat input capacity for which construction, modification, or 
reconstruction commenced before February 18, 2005, the emission limit 
is twenty hundredths (0.20) pounds per million BTU heat input (calendar 
day average) when burning any fuel or combinations if the duct burners 
are in use.
    The NOX emission limits in Section 805.4 before adoption 
of the limits in the 2008 NOX RACT submission were 75 ppmvd 
@15% O2 and applied to oil-fired, combustion turbines with a 
heat input over 100 mmBTU per hour. The amended Section 805.4 sets a 
NOX emission limit of 74 ppmvd @15% O2 for 
stationary combustion turbines of greater than 50 mmBTU per hour heat 
input capacity when burning liquid fuels. Oil would constitute a liquid 
fuel under the new definition (discussed in the next section of this 
document) found in Section 199. Therefore, the amended Section 805.4 
sets a limit which is slightly more stringent for oil-fired stationary 
combustion turbines of greater than 100 mmBTU per hour heat input 
capacity than what existed before adoption of the 2008 NOX 
RACT Submission. EPA finds that revising Section 805.4 with the 
regulatory changes of the 2008 NOX RACT Submission 
strengthens the SIP with respect to oil-fired stationary combustion 
turbines of greater than 100 mmBTU per hour heat input capacity.
    When burning a mixture of fuels, the gaseous fuels limit applies if 
the percentage of heat input from gaseous fuels is greater than or 
equal to 50 percent; if the heat input from liquid fuels is greater 
than 50 percent, the liquid fuel limit applies. This provision is 
analogous to the NSPS subpart KKKK provisions for mixed fuel firing (40 
CFR 60.4325) except when Section 805.4 specifies ``gaseous fuels'' and 
``liquid fuels'' the NSPS specifies ``natural gas'' and ``fuels other 
than natural gas,'' respectively.
    The District of Columbia has one facility with combustion turbines 
that can burn ``digestor gas'' which is made by treating sewage. Under 
the NSPS subpart KKKK such a unit would have to comply with the NSPS 
limits for ``fuels other than natural gas'' when burning ``digestor 
gas.'' Under the revised Section 805.4 a combustion turbine burning 
``digestor gas'' must meet the same NOX limits for 
combustion turbines burning natural gas or any other gaseous fuel due 
to the definition adopted for ``gaseous fuel.''
3. Definitions Added to Section 199
    The amended regulations also add definitions to Section 199 
``Definitions and Abbreviations'' for ``duct burner,'' ``gaseous 
fuel,'' ``heat recovery steam generating unit,'' ``liquid fuel,'' 
``natural gas'' and ``combustion turbine.'' See Section 199.1. EPA 
believes that these definitions are necessary to define what exact 
sources are subject to Section 805.4 and when specific limits apply by 
fuel type.
    With two exceptions, the definitions added to Section 199.1 are the 
same as those found in the NSPS subpart KKKK (40 CFR 60.4420). The two 
exceptions are the definitions for ``gaseous fuel''

[[Page 47919]]

and ``liquid fuel.'' The NSPS subpart KKKK needs to define ``natural 
gas'' because the NSPS subpart KKKK distinguishes NOX 
emissions limits for stationary combustion turbines burning only 
natural gas from units burning ``fuels other than natural gas.'' 
Section 199.1 defines ``gaseous fuel'' with the criterion of a fuel 
that is in ``a gaseous state at standard atmospheric temperature and 
pressure under ordinary conditions.'' This definition includes fuels 
that under the NSPS Subpart KKKK would be a fuel other than natural gas 
and subject to higher limits than those applicable to units burning 
natural gas. Under the Section 199.1 amendment, ``natural gas'' is a 
subset of ``gaseous fuel.'' Section 199.1 defines ``liquid fuel'' as 
``any fuel that maintains a liquid state at standard atmospheric 
temperature and pressure.'' The net effect of these differences in 
definitions is that Section 805.4 sets more stringent limits than NSPS 
subpart KKKK for some fuels other than natural gas. The amended 
regulations in the 2008 NOX RACT Submission also add to 
Section 199.2 the abbreviation ``ppmvd'' to mean ``Parts Per Million by 
Volume Dry Basis.''
4. Applicable Affected Source Threshold
    EPA only requires that when implementing a revised ozone NAAQS, a 
state must review and update NOX RACT only for those 
stationary sources of NOX that are ``major threshold'' with 
an area's classification under the revised ozone NAAQS. Because the 
District of Columbia has been designated as a marginal nonattainment 
area in the OTR the RACT obligation for the 2008 ozone NAAQS applies 
only to major stationary sources of 100 tpy PTE or more of 
NOX. The District of Columbia's emissions limitations for 
stationary combustion turbines in the 2008 NOX RACT 
Submission apply to combustion turbines at stationary sources with a 
PTE of 25 tpy or more of NOX because the District of 
Columbia retains the 25 tpy PTE applicability threshold found in 
Section 805.1 required under the District of Columbia's severe 
classification under the 1-hour NAAQS. In the preamble to the proposed 
rule for the amendments to Section 805, the District of Columbia 
provided notice that then proposed (now final) combustion turbine 
emissions limits would apply to any combustion turbines located at a 
stationary source with the PTE of 25 tpy or more of NOX. 
Volume 65, No. 30, of the District of Columbia Register, Page 007877, 
July 27, 2018. This makes the 2008 NOX RACT Submission more 
stringent than that required for the 2008 ozone NAAQS.
5. Other Provisions
    Section 805.4 sets a maintenance standard for combustion turbines 
with a heat input rating less than or equal to 10 mmBTU per hour and 
fired exclusively on natural gas. Section 805.4 also has a requirement 
that any combustion turbine subject to Section 805 shall always be 
maintained and operated in a manner consistent with good air pollution 
control practices for minimizing emissions, including during startup, 
shutdown, and malfunction.
    Additionally, Section 805.4 prohibits any combustion turbine fired 
on coal or a synthetic fuel derived from coal and requires any 
combustion turbine designed to be fired on any solid fuel other than 
coal or a synthetic fuel derived from any other solid than coal to have 
a case-by-case RACT determined pursuant to Section 805.7 (already in 
the SIP) for approval by EPA as a revision to the District of 
Columbia's SIP.
6. EPA Analysis
    The DOEE NOX RACT regulation is based on current 
technologies for combustion turbines, without the addition of add-on 
controls such as selective catalytic reduction (SCR). DOEE's review was 
based on a review of emission levels achieved in practice by the 
existing sources within the District of Columbia and by sources subject 
to the NSPS subpart KKKK or by sources subject to a lowest achievable 
emission rate (LAER) determination limits set by a preconstruction 
permit.\5\ The District of Columbia's limits were set based upon the 
comparability to those established for new units according to the NSPS 
Subpart KKKK or permits for units with heat input ratings exceeding 50 
mmBTU per hour. For units with heat input ratings less than or equal to 
50 mmBTU per hour, the DOEE set limits more stringent than the NSPS 
Subpart KKKK standards based upon 2010 recommendations made by the OTC.
---------------------------------------------------------------------------

    \5\ CAA section 171 defines LAER as the most stringent rate of 
emissions based on the following: (1) The most stringent emissions 
limitation which is contained in the implementation plan of any 
State for such class or category of stationary source, unless the 
owner or operator of the proposed stationary source demonstrates 
that such limitations are not achievable; or (2) The most stringent 
emissions limitation which is achieved in practice by such class or 
category of stationary sources. In no event shall the application of 
the term permit a proposed new or modified stationary source to emit 
any pollutant in excess of the amount allowable under an applicable 
NSPS.
---------------------------------------------------------------------------

    The DOEE evaluated technically feasible add-on controls, such as 
SCR, as RACT for this source category but determined that heavy 
investment in additional end-of-pipe controls to this level is not 
economically feasible or cost effective with respect to the 2008 ozone 
NAAQS. The Department estimated a cost per ton of NOX 
reductions of $13,794 for small turbines (in the 5-megawatt range) 
currently found in the District of Columbia.
    EPA finds that the RACT determination provided by the District of 
Columbia is reasonable and appropriately considered technically and 
economically feasible controls while setting lowest achievable limits 
to adequately meet RACT under the 2008 8-hour ozone NAAQS for these 
categories of combustion turbines. EPA finds that the District of 
Columbia has set presumptive RACT emissions limits for stationary 
combustion turbines for existing major stationary sources of 
NOX in the District of Columbia. EPA finds that revising 
Section 805.4 with the regulatory changes of the 2008 NOX 
RACT Submission strengthens the SIP with respect to oil-fired 
stationary combustion turbines of greater than 100 mm BTU per hour heat 
input capacity and can be approved.

B. District of Columbia Water Blue Plains Advanced Wastewater Treatment 
Plant Source Specific NOX RACT

    The DOEE issued a permit to District of Columbia Water and Sewer 
Authority (DC Water) to construct and operate new biosolids handling 
facilities located at the BPAWTP. The equipment to be installed and 
operated included: (1) A main process train that includes four thermal 
hydrolysis process trains (for thermally hydrolyzed sludge digestion) 
and two emergency flares rated at 126 mmBTU per hour heat input for 
each firing digestor gas, and (2) a CHP system that includes three 
stationary combustion turbines each with a duct burner, one auxiliary 
boiler of 62.52 mmBTU per hour heat input, and one ``siloxane 
destruction flare'' rated at 6.14 mmBTU per hour. The two emergency 
flares of the main process train and the auxiliary boiler and the 
siloxane destruction flare in the CHP system emit NOX and 
are subject to the NOX RACT source specific determination 
requirements
    For the CHP system and the two emergency flares of the main process 
train, DOEE issued the BPAWTP a permit to operate on April 20, 2018 
(April 20, 2018 operating permit) pursuant to 20 DCMR Section 200.2. 
The equipment covered by the April 20, 2018 operating permit covered 
the combustion turbines and associated duct burners plus the auxiliary 
boiler

[[Page 47920]]

and flares that burn digester gas.\6\ The NOX emission 
limits for the permitted equipment were established through a non-
attainment new source review process in 2011/2012 and the installed 
emission controls were determined to be LAER at that time. Prior to 
issuing the final April 20, 2018 operating permit, the DOEE conducted a 
review of the emissions limits and determined that these combustion 
turbines, heat recovery steam generators with duct burners (covered 
under the amended Section 805.4), and an auxiliary boiler are still 
among the best performing units in EPA's RACT/BACT/LAER Clearinghouse 
for broadly similar applications and are therefore at least as 
stringent as RACT.\7\
---------------------------------------------------------------------------

    \6\ NOX RACT for the three 46.3 mmBTU per hour 
combustion turbines and heat recovery steam generators each equipped 
with a 21 mmBTU per hour heat input duct burner is set under the 
revised Section 805.4.
    \7\ BACT stands for best available control technology and is a 
requirement for certain preconstruction permits under CAA Title I, 
Part C (prevention of significant deterioration).
---------------------------------------------------------------------------

    Part of the review of the April 20, 2018 operating permit included 
a reevaluation of the NOX limits for the digester gas-fired 
auxiliary boiler and the three flares at the facility based upon actual 
performance. The DOEE concluded that, due to higher concentrations of 
ammonia in the digester gas compared to that resulting from other 
sewage digester systems, the three flares and the boiler would each 
inherently emit more NOX than the typical flares and 
auxiliary boilers fired with digestor gas. The DOEE concluded that this 
is due to the difference in digestion processes. The BPAWTP uses a 
different digestion technology--thermally hydrolyzed sludge digestion--
which is the first of its kind in the United States. As such, even 
though the BPAWTP uses a flare used in other digester gas applications, 
the NOX levels exiting the flare are higher due to the 
increased fuel-bound nitrogen. Based upon this 2018 review of the 
performance of the auxiliary boiler and the three flares, the DOEE 
concluded that the NOX emission limits and associated 
control technologies in the April 20, 2018 permit for the digester gas-
fired auxiliary boiler and the three flares at the facility meet or 
exceed RACT requirements because these limits were based upon the 
DOEE's LAER, which by definition cannot be less stringent than RACT and 
often results in more stringent control than RACT.
    With the 2008 NOX RACT Submission, the DOEE submitted a 
redacted version of the April 20, 2018 operating permit, which includes 
only those provisions related to the NOX RACT determination. 
A copy of the redacted April 20, 2018 operating permit is in the docket 
for this proposed action. The emissions limits, testing or reporting 
requirements for other pollutants such as particulate matter, sulfur 
dioxide, carbon monoxide have been redacted so as not to be submitted 
for inclusion in the SIP. The following Table 1 provides a summary of 
the NOX emission limits.

                           Table 1--NOX Limits for BPAWTP Auxiliary Boiler and Flares
----------------------------------------------------------------------------------------------------------------
                                                                   Siloxane destruction      Emergency flares
                                        Auxiliary boiler (AB)           flare (SF)                (each)
----------------------------------------------------------------------------------------------------------------
Heat Input capacity--mmBTU per hour  62.52 on DG................  6.14 on DG............  126 on DG.
                                     61.79 on NG................
NOX limit (pounds NOX/mmBTU).......  0.034 on DG................  0.06 on DG............  0.101 on DG.
                                     0.032 on NG................
Mass limit NOX pounds per hour.....  2.11 on any percentage of    0.37..................  12.72.
                                      DG.
----------------------------------------------------------------------------------------------------------------
``DG'' means digestor gas; ``NG'' means natural gas.

    EPA finds that the RACT determination provided by the District of 
Columbia is reasonable and appropriately considered technically and 
economically feasible controls while setting lowest achievable limits 
to adequately meet RACT on a source specific basis under the 2008 8-
hour ozone NAAQS for these emissions units. EPA finds that source 
specific limits are appropriate because the source category, related to 
municipal wastewater treatment, is unique within the District of 
Columbia. These limits were set on technology consistent with LAER 
which essentially reflects the lowest rate in any SIP or achieved in 
practice and are based upon the actual performance of the emissions 
units.

C. Certification of Other Provisions in Section 805

    Prior to the amendments submitted with the 2008 NOX RACT 
Submission, Section 805 contained the District of Columbia's 
NOX RACT controls as amended in 2004 for implementation and 
approval into the District of Columbia SIP under the 1-hour and the 
1997 ozone NAAQS. The District of Columbia's 2008 NOX RACT 
Submission includes a certification that the controls of the 2004 
version of Section 805 are still RACT except for those sources for 
which the District of Columbia submitted new NOX RACT 
emissions limits in the 2008 NOX RACT Submission. These 
sources are: (1) The new limits for combustion turbines at several 
major NOX sources (see section III. A. in this document); 
and (2) the digester gas equipment at one major NOX source 
(see section III. B. in this document regarding the BPAWTP).
    Section 805 was originally adopted in 1993 and amended in 2000 and 
2004. The District of Columbia's NOX RACT emissions limits 
are specified by source groups. Table 2 lists the rulemaking history of 
District of Columbia's previously adopted NOX RACT controls, 
and Table 2 lists the source groups covered by Section 805. In the 2008 
RACT Submission, the District of Columbia is certifying that with 
certain exceptions (the amendments to Section 805.4 and the unit 
specific limits at the BPAWTP), Section 805 continues to represent the 
lowest emission limits based on currently available and economically 
feasible control technology for the source categories and, therefore, 
meets the RACT requirements for the 2008 ozone NAAQS for major 
NOX stationary sources as required by CAA sections 184(b)(2) 
and 182(f).

[[Page 47921]]



        Table 2--District of Columbia's NOX RACT Controls--Rulemaking History of SIP Approved Provisions
----------------------------------------------------------------------------------------------------------------
                                                          State effective    Federal Register   Federal Register
       Regulation 20 DCMR               Submittal               date               date              notice
----------------------------------------------------------------------------------------------------------------
805............................  Original 1-hour ozone   Nov. 19, 1993 and  Dec. 26, 2000....  65 FR 81369.
                                  submittal.              Dec. 8, 2000.
805............................  Minor clarifications..  April 16, 2004...  Dec. 28, 2004....  69 FR 77645.
805 and 199.1..................  Set applicability       April 16, 2004...  Dec. 28, 2004....  69 FR 77647.
                                  threshold to 25 tpy
                                  NOX--severe
                                  nonattainment area
                                  under 1-hour NAAQS.
805............................  Certify as RACT under   September 22,      June 16, 2009....  74 FR 28447.
                                  1997 ozone NAAQS.       2008.
----------------------------------------------------------------------------------------------------------------


   Table 3--District of Columbia's NOX RACT Controls--Rulemaking History of SIP Approved Provisions by Source
                                                    Category
----------------------------------------------------------------------------------------------------------------
                                                          State effective   Federal effective   Federal Register
       Regulation 20 DCMR          Title of regulation         date              date             notice 
----------------------------------------------------------------------------------------------------------------
805.1..........................  Fuel-burning equipment  April 16, 2004...  Dec. 28, 2004....  69 FR 77645.
                                  with an input
                                  capacity of 100 mmBTU
                                  per hour or greater.
805.5 & 805.8..................  Fuel-burning equipment  April 16, 2004...  Dec. 28, 2004....  69 FR 77645.
                                  with an input
                                  capacity equal to or
                                  greater than 20 mmBTU
                                  per hour, but less
                                  than 50 mmBTU per
                                  hour.
805.1 & 805.8..................  Fuel-burning equipment  April 16, 2004...  Dec. 28, 2004....  69 FR 77645.
                                  with an input
                                  capacity equal to or
                                  greater than 50 but
                                  less than mmBTU per
                                  hour.
805.4..........................  Combustion turbines...  Nov. 27, 2018....  See Sections D.1.  See Sections D.1.
                                                                             above and D.4.     above and D.4.
                                                                             below .          below .
805.1..........................  Asphalt concrete plant  April 16, 2004...  Dec. 28, 2004....  69 FR 77645.
                                  with a PTE 25 tpy or
                                  greater.
805.1..........................  All other fuel burning  April 16, 2004...  Dec. 28, 2004....  69 FR 77645.
                                  equipment with a PTE
                                  of 25 tpy of NOX or
                                  greater.
805.1..........................  Stationary internal     April 16, 2004...  Dec. 28, 2004....  69 FR 77645.
                                  combustion engines.
----------------------------------------------------------------------------------------------------------------
 Most recent revision or amendment.
 The revisions to Section 805.4 discussed in sections D.1. above and D.4. below completely revise Section
  805.4. EPA action of these revisions is the subject of this action.

    Section 805 (as amended) provides presumptive NOX limits 
for major stationary sources of NOX but also provides for a 
case-by-case RACT determination process. The DOEE evaluated their 
stationary source inventory and current controls against RACT emission 
limits of other States. The DOEE compared the SIPs of other similarly-
situated States in the Eastern United States (Virginia, Maryland, North 
Carolina, Delaware, New Jersey, New York, Connecticut, and 
Massachusetts) to the District of Columbia's current emissions limits 
and found that DOEE's Section 805 limits were in the same range. Based 
upon such considerations, the DOEE concluded that, when combined with 
the amendments to Section 805 and the source specific NOX 
RACT determination for the BPAWTP, that no further controls were needed 
to meet RACT.
    In combination with the amendments to Sections 199 and 805 
regarding certain combustion turbines and related equipment (evaluated 
in sections III.A of this document) and with the source-specific 
NOX RACT determinations for the flares and auxiliary boiler 
at BPAWTP (evaluated in sections III.B of this document), EPA proposes 
to find that the previously adopted RACT controls continue to represent 
NOX RACT for the 2008 ozone NAAQS required under sections 
184(b)(2) and 182(f).

D. Removal of Prior Emissions Limits for Combustion Turbines Over 100 
mmBTU per Hour

    The District of Columbia's amendment to Section 805.4 removes 
emission limits of 75 ppmvd NOX, corrected to 15% excess 
oxygen for oil-fired, combustion turbines with a heat input over 100 
mmBTU per hour from the SIP in the former Section 805.4(a); the former 
Section 805.4 also restricted CO emissions not to exceed 50 ppmvd @15% 
O2 at any operating condition, for a one (1) hour average.
    Regarding NOX emissions, the revised Section 805.4 sets 
a lower emissions limit for stationary combustion turbines of this 
size. The revised Section 805.4(a) sets a lower NOX limit of 
74 @15% O2 for any combustion turbine with heat input rating 
greater than 50 mmBTU per hour burning any combination of liquid fuels.
    The revised rule also removes the exemption for low utilization 
turbines--those operated for less than 500 hours per year. Thus, the 
NOX limits set in Section 805.4 apply. If any combustion 
turbines over 100 mmBTU per hour are installed in the District of 
Columbia in the future such that the PTE increase is over 25 tpy 
NOX, the District of Columbia SIP major source permitting 
program requires an emissions rate of LAER and offsetting 
NOX emissions at a ratio of 1.3:1. See 20 DCMR Chapter 2, 
Section 204 (Permit Requirements for Sources Affecting Non-attainment 
Areas), which is approved into the SIP at 40 CFR 52.470(c).
    For CO emissions, there are no longer any units over 100 mmBTU per 
hour heat input in the District of Columbia. Therefore, this change 
will not result in relaxing an existing emissions limitation applicable 
to any existing emissions unit at a major stationary source. 
Furthermore, the CO levels in the

[[Page 47922]]

Washington-Arlington-Alexandria, DC-VA-MD area are well below the CO 
NAAQS of 40 CFR 50.8. The maximum value recorded at any ambient air 
quality monitor in the Washington-Arlington-Alexandria, DC-VA-MD core 
based statistical area is only 27 percent (2.6 ppm CO) of the 9.5 ppm 
(8-hour average) NAAQS and less than 8 percent of the 35 ppm (1-hour 
average) NAAQS.
    For CO, any new stationary combustion turbine or turbines added in 
the future that are by themselves a major stationary source of CO or 
would constitute a significant net emissions increase at an existing 
major stationary source of CO (or nitrogen dioxide) would be required 
to obtain a prevention of significant deterioration (PSD) permit under 
40 CFR 52.499 and 52.21. The PSD permit would require best available 
control technology.
    EPA finds that removal of the CO limits will not hinder or impede 
attainment or maintenance of the CO NAAQS in the District of Columbia. 
As far as the ozone or nitrogen dioxide NAAQS, EPA concludes that the 
replacement of the former 75 ppmvd NOX limits with the 74 
ppmvd limits applicable to liquid fuel fired stationary combustion 
turbines will be as protective of these NAAQS.

E. Summary

    EPA finds that the District of Columbia's 2008 NOX RACT 
Submission is reasonable and demonstrates that the District has adopted 
air pollution control strategies that represent RACT for the purposes 
of compliance with the 2008 8-hour ozone standard for all major 
stationary sources of NOX in the District in accordance with 
the Phase 2 Ozone Implementation Rule, the 2008 Ozone SIP Requirements 
Rule, and the latest available information. EPA finds that the District 
of Columbia's SIP implements RACT with respect to all existing major 
stationary sources of NOX.
    EPA also finds that the proposed revisions to previously SIP 
approved RACT requirements will result in equivalent or additional 
reductions in NOX emissions and should not interfere with 
any applicable requirement or reasonable further progress with the 
NAAQS or interfere with other applicable CAA requirements in section 
110(l) of the CAA.

IV. Proposed Action

    EPA is proposing to approve the District of Columbia's 2008 RACT 
Submission on the basis that the District of Columbia has met the 
NOX RACT requirements under the 2008 8-hour ozone NAAQS per 
CAA sections 182(f) and 184(b)(2) for the reasons explained in this 
notice. EPA is proposing to approve source specific NOX RACT 
determinations for the BPAWTP and the amendments to sections 199.1, 
199.2, 805.1 and 805.4 of 20 DCMR discussed in sections III. A. III. D. 
and V. A. of this document.
    The District of Columbia's SIP revision is based on: (1) 
Certification that for certain categories of sources, previously 
adopted RACT controls in the District of Columbia's SIP that were 
approved by EPA under the 1-hour ozone NAAQS and 1997 ozone NAAQS 
continue to be technically and economically feasible controls, and 
continue to represent RACT for the 2008 ozone NAAQS implementation 
purposes; (2) the adoption of new or more stringent regulations or 
controls into the District of Columbia's SIP that represent presumptive 
RACT control levels for certain categories of sources; and (3) source 
specific emissions limits set for flares and an auxiliary boiler 
serving the BPAWTP. EPA is proposing to remove, in accordance with 
section 110 of the CAA, provisions setting carbon monoxide emission 
limits for a category of stationary combustion turbines. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

V. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing for certain 
categories of NOX emissions at major stationary sources of 
NOX emissions to incorporate by reference both regulations 
adopted by the District of Columbia and a source-specific RACT 
determinations under the 2008 8-hour ozone NAAQS found within a 
preconstruction permit. The amendments to and revision of 20 DCMR 
Chapters 1 and 8 are specified in Section V. A. of this document; the 
source specific information is provided in Section V. B of this 
document.
    EPA has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and at the EPA Region III 
Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information).

A. Amendments to 20 District of Columbia Municipal Regulations (20 
DCMR)

    1. Specifically, EPA is proposing to incorporate by reference into 
40 CFR 52.470(c): Amendments to 20 District of Columbia Municipal 
Regulations, Chapter 1, sections 199.1 and 199.2. These amendments 
include adding definitions in Section 199.1 for ``Duct burner,'' 
``Gaseous fuel,'' Heat recovery steam generator,'' ``Liquid fuel,'' 
``Natural gas,'' and ``Stationary combustion turbine,'' and include an 
amendment to Section 199.2 to define the abbreviation ``ppmvd.''
    2. Amendments to 20 District of Columbia Municipal Regulations, 
Chapter 8, sections 805.1 and 805.4 adopted by the District of Columbia 
on November 14, 2018 and effective December 14, 2018 as published in 
Volume 65, Number 51 of the District of Columbia Register on December 
14, 2018. These amendments would include:
    (1) Revising sections 805.1(a) and Section 805.1(a)(1);
    (2) Revising Section 805.1(a)(1) to remove NOX emissions 
limits for stationary combustion turbines which have an energy input 
capacity of one hundred million (100,000,000) BTU and adding 
NOX emissions limitations for any stationary combustion 
turbine which commenced construction, modification, or reconstruction 
after February 18, 2005 and has a heat input rating greater than fifty 
million (50,000,000) BTU per hour;
    3. Revising Section 805.1(a)(2) to remove CO emissions limits for 
stationary combustion turbines which have an energy input capacity of 
one hundred million (100,000,000) BTU per hour and adding 
NOX emissions limitations for any stationary combustion 
turbine which commenced construction, modification, or reconstruction 
on or before February 18, 2005 and has a heat input rating greater than 
fifty million (50,000,000) BTU per hour;
    4. Adding a new Section 805.1(a)(3) to set NOX emission 
limitations for any stationary combustion turbines with a heat input 
rating less than or equal to fifty million (50,000,000) BTU per hour;
    5. Adding a new Section 805.1(a)(4) to set NOX emission 
limitations for certain stationary combustion turbines with a heat 
input rating less than or equal to ten million (10,000,000) BTU per 
hour;
    6. Adding new sections 805.1(a)(5)-(7) to add new restrictions on 
stationary combustion turbines;
    7. Amending Section 805.4(b) to replace requirements for stationary 
combustion turbines with an energy input capacity of one hundred 
million (100,000,000) BTU per hour or greater which is operated for 
less than five hundred (500) hours per year with testing and continuous 
monitoring

[[Page 47923]]

requirements for any person required to comply with Section 805.4.
    These regulatory changes to Section 805.4 and Section 199 were 
adopted on November 27, 2018 and effective on the date of publication, 
December 14, 2018, in the District of Columbia Register (Vol. 65, 
Number 51, page 013499, December 14, 2018).

B. Source Specific Provisions for the BPAWTP

    Specifically, EPA is proposing to incorporate by reference into 40 
CFR 52.470(d) certain portions of Permit (No. 6372-C2/O) to Construct 
and Operate New Biosolids Handling Facilities issued to District of 
Columbia Water and Sewer Authority as redacted by the District of 
Columbia:
    1. The first paragraph citing the pertinent permitting regulations 
and listing (redacted) the following significant components: One (1) 
Auxiliary Boiler (AB) rated at 62.52 mmBTU per hour (HHV) heat input, 
firing DG, One (1) Siloxane Destruction Flare (SF) rated at 6.14 MMBTU 
per hour heal input, firing DG; and Two (2) Emergency Flares rated at 
126 mmBTU per hour heat input each, firing DG.
    2. The NOX emissions limits listed in the table found in 
permit condition ``j.'' for the Auxiliary Boiler (AB), Siloxane 
Destruction Flare (SF) and Two (2) Emergency Flares. The hourly 
NOX emission limits for the Auxiliary Boiler (AB), Siloxane 
Destruction Flare (SF) and Two (2) Emergency Flares listed in Table 2 
(as redacted) found under Condition III.
    3. Conditions III.b.1.A.; III.b.3. A. and B.; III.b.3. C.i., iii 
and iv.; III.b.3.D.; III.b.3.E. except that relating to carbon 
monoxide/CO; III.b.3.F. except ``and CO''; III.b.3.G, iv. and v. except 
the provision ``Failure to demonstrate compliance through the testing 
may result in enforcement action.''; III.b.4.A.; III.b.4.B. iv. and v.; 
III.b.5. as redacted to strike ``in addition to complying with 
Condition II(f)''; III.d., III.d.1.A; III.d.2.D; III.d.3.A. only the 
portion ``Within 60 days of initial startup and once every five years 
thereafter, the Permittee shall conduct a Department-approved 
compliance source test at multiple loads of EF-l, EF-2, and SF in 
accordance with 40 CFR 60.8 or a similar protocol acceptable to the 
Department, to demonstrate compliance with the emissions limitations 
contained in Condition III(d)(1) of this permit;'' III.d.3.B as 
redacted to exclude ``though additional testing may be required at 
other times pursuant to Condition II(d)(2)''; III.d.3.C. (i), (iii) and 
(iv); III.d.3.D.; III.d.3.H.(iv); III.d.3.H.(v) except ``Failure to 
demonstrate compliance through the test may result in enforcement 
action.''; III.d.4.A. except ``including records of visual 
inspections,''; III.d.4.B. (ii) except ``and CO''; III.d.4.B. (iv); 
and, III.d.5.A. as redacted to exclude ``in addition to complying with 
Condition II(f)''.
    4. This permit was issued April 20, 2018.

VI. 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 SIP approvals are exempted 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 rule, regarding the NOX RACT 
SIP for the District of Columbia under the 2008 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 29, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-19669 Filed 9-10-19; 8:45 am]
 BILLING CODE 6560-50-P