Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Reasonably Available Control Technology State Implementation Plan for Volatile Organic Compounds Under the 2008 Ozone National Ambient Air Quality Standard, 54507-54510 [2019-21861]
Download as PDF
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
54507
EPA-APPROVED NEW YORK NON-REGULATORY AND QUASI-REGULATORY PROVISIONS—Continued
Action/SIP element
Section 110(a)(2) Infrastructure Requirements for the
2012 PM2.5 NAAQS.
Applicable
geographic or
nonattainment
area
Statewide
New York
submittal
date
11/30/2016
EPA approval date
Explanation
10/10/2019, [insert
Federal Register
citation].
This action addresses the following CAA elements:
110(a)(2)(A), (B), (C) [enforcement measures and PSD
program for major sources], (D)(i)(II) prong 3, (D)(ii), (E),
(F), (G), (H), (J) [for consultation, public notification and
prevention of significant deterioration] (K), (L) and (M).
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
ENVIRONMENTAL PROTECTION
www.regulations.gov, or please contact
AGENCY
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
40 CFR Part 52
additional availability information.
FOR FURTHER INFORMATION CONTACT:
[EPA–R03–OAR–2019–0184; FRL–10000–
Gregory A. Becoat, Planning &
90–Region 3]
Implementation Branch (3AD30), Air &
Approval and Promulgation of Air
Radiation Division, U.S. Environmental
Quality Implementation Plans; District
Protection Agency, Region III, 1650
of Columbia; Reasonably Available
Arch Street, Philadelphia, Pennsylvania
Control Technology State
19103. The telephone number is (215)
Implementation Plan for Volatile
814–2036. Mr. Becoat can also be
Organic Compounds Under the 2008
reached via electronic mail at
Ozone National Ambient Air Quality
becoat.gregory@epa.gov.
Standard
SUPPLEMENTARY INFORMATION: On August
29, 2018, the District of Columbia
AGENCY: Environmental Protection
Department of Energy and Environment
Agency (EPA).
(DOEE) submitted a SIP revision to
ACTION: Final rule.
address all the RACT requirements for
SUMMARY: The Environmental Protection VOCs set forth by the CAA under the
Agency (EPA) is approving a revision to 2008 8-hour ozone NAAQS (the 2018
RACT Submission). The District’s RACT
the District of Columbia’s (the District)
submittal for the 2008 ozone NAAQS
state implementation plan (SIP)
includes: (1) Certification that for
submitted on August 29, 2018. The
certain major sources, previously
District’s SIP revision satisfies the
adopted VOC RACT controls in the
volatile organic compound (VOC)
reasonably available control technology District’s SIP that were approved by
EPA under the 1979 1-hour and 1997 8(RACT) requirements under the 2008 8hour ozone national ambient air quality hour ozone NAAQS are based on the
currently available technically and
standard (NAAQS). The District will
economically feasible controls, and
address RACT for nitrogen oxides (NOX)
continue to represent RACT for
in a separate SIP submission. This
implementation of the 2008 8-hour
action is being taken under the Clean
ozone NAAQS; (2) a listing of the
Air Act (CAA).
Control Techniques Guidelines (CTGs)
DATES: This final rule is effective on
already adopted into the District’s SIP,
November 12, 2019.
and (3) a listing of those categories of
ADDRESSES: EPA has established a
sources subject to CTGs which do not
docket for this action under Docket ID
exist in the District and the location of
Number EPA–R03–OAR–2019–0184. All prior negative declarations previously
documents in the docket are listed on
submitted and approved by EPA. The
the https://www.regulations.gov
District’s SIP submittal also includes an
website. Although listed in the index,
update to the 2002 Mobile Equipment
some information is not publicly
Repair and Refinishing (MERR) rule to
available, e.g., confidential business
incorporate the Ozone Transport
information (CBI) or other information
Commission’s (OTC) 2009 Motor
whose disclosure is restricted by statute. Vehicle and Mobile Equipment NonCertain other material, such as
Assembly Line Coating Operations
copyrighted material, is not placed on
regulations (MVMERR) rule adopted by
[FR Doc. 2019–21955 Filed 10–9–19; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
19:17 Oct 09, 2019
Jkt 250001
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
the District in 2016. EPA addressed the
2009 MVMERR rule in a separate
rulemaking action as it is not related to
the 2008 VOC RACT SIP revision and
does not impact EPA’s approval. The
DOEE also submitted as an amendment
to the SIP-approved 2002 MERR rule the
updated 2009 MVMERR rule. As
previously mentioned, the 2009
MVMERR rule was addressed in a
separate rulemaking action.
I. Background
A. General
Ozone is formed in the atmosphere by
photochemical reactions between VOCs
and NOX in the presence of sunlight. In
order to reduce these ozone
concentrations, the CAA requires
control of VOC and NOX emission
sources to achieve emission reductions
in moderate or more serious ozone
nonattainment areas. Among effective
control measures, RACT controls
significantly reduce VOC and NOX
emissions from major stationary
sources.
RACT is defined as the lowest
emission limitation that a particular
source is capable of meeting by the
application of control technology that is
reasonably available considering
technological and economic feasibility.1
Section 172 of the CAA sets forth
general requirements for SIPs in
nonattainment areas, including a
requirement that SIPs must include
reasonably available control measures
(RACM) for attainment of the NAAQS,
including emissions reductions from
existing sources through adoption of
RACT. CAA section 172(c)(1). Part D,
subpart 2 of the CAA sets forth
additional provisions for ozone
nonattainment areas. CAA sections 181–
185B. Sections 182(b)(2) and 182(f)(1) of
the CAA require states with moderate
1 See December 9, 1976 memorandum from Roger
Strelow, Assistant Administrator for Air and Waste
Management, to Regional Administrators,
‘‘Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas.’’ see also 44
FR 53761, 53762 (September 17, 1979).
E:\FR\FM\10OCR1.SGM
10OCR1
54508
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
(or worse) ozone nonattainment areas to
implement RACT controls on all major
stationary sources of VOC and NOX, and
on source categories covered by a CTG
document issued by EPA, for sources
located in the nonattainment area.
EPA’s CTGs include recommendations
on RACT controls for various VOC
source categories. The CTGs typically
identify a particular control level that
EPA recommends as being RACT. In
some cases, EPA has issued Alternative
Control Techniques guidelines (ACTs),
primarily for NOX source categories,
which in contrast to the CTGs, only
present a range for possible control
options but do not identify any
particular option as a recommendation
for what is RACT. Section 183(b) and (c)
of the CAA requires EPA to revise and
update CTGs and ACTs as the
Administrator determines necessary.
States are required to implement RACT
for the source categories covered by
CTGs through the SIP.
Section 184(a) of the CAA established
a single ozone transport region (OTR),
comprising all or part of 12 eastern
states and the District.2 The District is
part of the OTR and, therefore, must
comply with the RACT requirements in
section 184(b)(1)(B) and (2) of the CAA.
Specifically, section 184(b)(1)(B)
requires the implementation of RACT in
OTR states with respect to all sources of
VOC covered by a CTG. Additionally,
section 184(b)(2) states that any
stationary source with the potential to
emit 50 tons per year (tpy) or more of
VOCs shall be considered a major
source and subject to the requirements
which would be applicable to major
stationary sources as if the area was
classified as a moderate nonattainment
area. Section 182(f) extends the SIP
requirements for major sources of VOCs
to major sources of NOX, as defined in
sections 302 and 182(c), (d), and (e).
Under the 2008 8-hour ozone
standard, EPA designated the District as
a marginal nonattainment area. As part
of the OTR, the District must, at a
minimum, implement more stringent
moderate area RACT requirements for:
(1) All categories of VOC or NOX
sources covered by a CTG; (2) all other
major stationary sources of VOC or NOX
located in the area. Section 182(b)(2).
For the District’s 2008 VOC RACT
analysis, despite classification as a
marginal nonattainment area, the OTR
major source thresholds of 50 tpy for
VOCs and 100 tpy for NOX apply.
Sections 184(b)(2), 182(f)(1).
2 Only a portion of the Commonwealth of Virginia
is included in the OTR.
VerDate Sep<11>2014
16:03 Oct 09, 2019
Jkt 250001
B. EPA Guidance and Requirements
EPA has provided more substantive
RACT requirements through final
implementation rules for each ozone
NAAQS, as well as guidance. On March
6, 2015, EPA issued its final rule for
implementing the 2008 8-hour ozone
NAAQS (the 2008 Ozone
Implementation Rule). 80 FR 12264,
codified at 40 CFR part 51, subpart AA.
This rule addressed, among other
things, control and planning obligations
as they apply to nonattainment areas
under the 2008 8-hour ozone NAAQS,
including RACT and RACM. In the
preamble of the proposed rule, EPA
stated that RACT SIPs must contain
adopted RACT regulations,
certifications where appropriate that
existing provisions are RACT, and/or
negative declarations that there are no
sources in the nonattainment area
covered by a specific CTG source
category. 78 FR 34178, 34192 (June 6,
2013). Stated differently, states can meet
the RACT requirements associated with
the 2008 ozone NAAQS either through
(1) a certification that previously
adopted RACT controls in their SIP
approved by EPA under a prior ozone
NAAQS continue to represent adequate
RACT control levels for attainment of
the 2008 8-hour ozone NAAQS; (2)
through the adoption of new or more
stringent regulations or controls that
represent RACT control levels; and/or
(3) a negative declaration if there are no
source categories subject to certain
CTGs within the nonattainment area. A
certification must be accompanied by
appropriate supporting information
such as consideration of information
received during the public comment
period and consideration of new data.
Adoption of new RACT regulations is
more likely to occur when states have
new stationary sources not covered by
existing RACT regulations, or when new
data or technical information indicates
that a previously adopted RACT
measure does not represent a currently
available RACT control level.
II. Summary of SIP Revision and EPA
Analysis
On August 29, 2018, the DOEE
submitted a SIP revision to address all
the VOC RACT requirements set forth
by the CAA for the 2008 8-hour ozone
NAAQS. Specifically, the District’s 2018
RACT Submission included: (1) A
certification that for certain major
sources, previously adopted VOC RACT
controls in the District’s SIP that were
approved by EPA under the 1979 1-hour
and 1997 8-hour ozone NAAQS are
based on the currently available
technically and economically feasible
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
controls, and continue to represent
RACT for implementation of the 2008
8-hour ozone NAAQS; (2) a listing of the
CTGs already adopted into the District’s
SIP, and (3) a listing of those categories
of sources subject to CTGs which do not
exist in the District and the location of
prior negative declarations previously
submitted and approved by EPA.
More detailed information on the
District’s 2018 VOC RACT submission;
as well as a detailed summary of EPA’s
review of the submission, can be found
in the notice of proposed rulemaking
(NPR) for this action published on July
11, 2019 (84 FR 33032), which is also
available online at www.regulations.gov,
Docket number EPA–R03–OAR–2019–
0184.
After evaluating the SIP revision
submittal, EPA concluded that the
District’s SIP revision satisfied the 2008
8-hour ozone NAAQS RACT
requirements for VOC through (1)
certification that previously adopted
RACT controls in the District’s SIP for
major, non-CTG VOC sources that were
approved by EPA under the 1-hour
ozone and 1997 8-hour ozone NAAQS
continue to be based on the currently
available technically and economically
feasible controls, and that they continue
to represent RACT; (2) a listing
identifying those CTGs which the
District has already adopted into its SIP,
and (3) a listing of the negative
declarations submitted by the District
for those source categories covered by
CTGs that do not exist in the District.
On July 11, 2019 (84 FR 33032), EPA
published an NPR for the District’s SIP
revision. EPA received one comment,
which is addressed in Section III below.
III. Response to Comments
EPA received comments from one
anonymous commenter during the
comment period for the proposed
rulemaking action.
Comment #1: The commenter stated:
‘‘Did EPA actually review the
regulations listed in table 1 for the
control techniques guidance
requirements or is EPA just saying that
because these regulations were
previously certified EPA doesn’t have to
review these regulations anymore? EPA
should review every regulations the
district lists to make sure the district
still enforces these rules and that the
rules continue to meet the reasonably
available control technology
requirements listed in the CTG to this
day as well as make sure the district’s
regulations are identical to the
regulations approved into the state’s
plan. The district periodically
reevaluates it’s regulations and makes
changes as required by their laws so
E:\FR\FM\10OCR1.SGM
10OCR1
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
EPA needs to be very careful with what
the district says it’s regulations are
meeting.’’
Response #1: EPA does not agree with
the commenter’s concerns. As noted in
the NPR published on July 11, 2019 (84
FR 33032), and the associated Technical
Support Document included in the
docket, EPA has reviewed the District’s
2018 RACT submission, including all
associated regulations and tables, and
concluded that the District has met the
VOC RACT requirements for the 2008
8-hour ozone NAAQS as set forth by
sections 182(b) and 184(b)(2) of the
CAA. Therefore, this revision will help
the District attain and maintain the
NAAQS for ozone. The District certified
that the regulations, under Title 20
(Environment), District Municipal
Regulations (DCMR) Subtitle A (Air
Quality), Chapter 7—Volatile Organic
Compounds, which contains the VOC
RACT controls previously approved by
EPA into the SIP under the 1-hour and
1997 8-hour ozone NAAQS, continue to
meet the RACT requirements for the
2008 8-hour ozone NAAQS for major
stationary sources and CTG covered
sources of VOCs.
First, EPA did review the District’s
regulations cited in Table 1, to ensure
that every CTG and ACT identified as
having been adopted by the District is
still codified in the District’s
regulations.
Second, Table 1 of the District’s SIP
submission lists the date when EPA
approved each SIP submission
requesting approval for an adopted CTG
or ACT. EPA evaluated the District’s
adopted regulations to ensure they
conformed to the CTGs or ACTs at the
time that EPA approved a SIP revision
adopting a CTG or ACT. Moreover, if the
District has changed any of its RACT
regulations following EPA’s approval of
those CTGs or ACTs as part of the SIP,
the version of the District’s regulations
which were approved into the SIP by
EPA are still enforceable by EPA and the
public.
Finally, EPA did not review in this
action the District’s enforcement of its
currently-adopted regulations. EPA has
authority to enforce any requirement of
an EPA-approved SIP, See CAA section
113, and therefore has concurrent
enforcement authority over those
regulations which are in the District’s
SIP. Furthermore, EPA is not aware of
any failure of the District to ensure that
the RACT regulations are being
implemented.
Comment #2: The commenter also
stated: ‘‘Under Table 2 the district says
there are no fixed roof tanks that store
petroleum products but a simple look at
Google Maps shows the Ronald Reagan
VerDate Sep<11>2014
16:03 Oct 09, 2019
Jkt 250001
Nation Airport has several fixed roof
tanks for storage of petroleum products.
Did EPA actually review this table and
make sure there were no sources subject
to these control techniques guidance
documents or did EPA just rely on the
district’s thinly stretched staff to make
sure they don’t have sources subject to
every guidance document? EPA must do
it’s own independent research and come
to the same conclusion as the district.’’
Response # 2: Regarding commenter’s
concern about the fixed roof tanks at
Ronald Reagan National Airport, EPA
notes that the tanks and airport are
located in Arlington, Virginia and
therefore are not within the District’s
jurisdiction. Also, EPA did review
Tables 1 and 2 to determine if the
District made negative declarations for
any CTG or ACT sources that were
likely to be within the District. Many of
the CTGs in Table 1 and ACTs in Table
2 are aimed at controlling emissions
from large manufacturing facilities, such
as shipbuilding, refinery operations,
manufacture of metal furniture,
manufacture of rubber tires, etc. These
kind of manufacturing facilities would
be known to EPA and the District
Department of Energy and Environment,
notwithstanding any perceived shortage
of staff. EPA CAA enforcement
personnel inspect facilities in the
District for compliance with all CAA
requirements and are familiar with the
types of air emission sources located in
the District. In response to this
comment, EPA Region 3 air enforcement
personnel reviewed Tables 1 and 2 in
the SIP submission and did not identify
any sources covered by a negative
declaration that actually exist in the
District. In sum, EPA did not identify
any sources subject to CTGs or ACTs in
the District for which the District
submitted a negative declaration, and
the commenter did not identify any
such sources.
IV. Final Action
EPA is approving the District of
Columbia’s August 29, 2018 SIP
revision that satisfies the VOC RACT
requirements under the 2008 8-hour
ozone NAAQS.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
54509
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because it is not a significant
action under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
E:\FR\FM\10OCR1.SGM
10OCR1
54510
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 9, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action, which
approves the District’s 2008 8-hour
ozone RACT SIP revision, may not be
challenged later in proceedings to
enforce its requirements (See section
307(b)(2)).
Dated: September 23, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
List of Subjects in 40 CFR Part 52
Subpart J—District of Columbia
*
*
*
VOC RACT and Negative Declarations—VOC Source
Categories under the 2008 8-Hour ozone NAAQS.
*
District of Columbia .......
*
*
*
*
*
*
[FR Doc. 2019–21861 Filed 10–9–19; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 180
[EPA–HQ–OPP–2018–0561; FRL–9999–70]
Indaziflam; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of indaziflam in
or on the tropical and subtropical fruit
(edible peel) group 23 and tropical and
subtropical fruit (inedible peel) group
24. Interregional Research Project
Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
October 10, 2019. Objections and
requests for hearings must be received
on or before December 9, 2019, and
must be filed in accordance with the
SUMMARY:
VerDate Sep<11>2014
16:03 Oct 09, 2019
Jkt 250001
Authority: 42 U.S.C. 7401 et seq.
§ 52.470
*
Identification of plan.
*
*
(e)* * *
State
submittal
date
*
*
EPA approval
date
Additional
explanation
*
08/29/2018
*
10/10/2019, .......................
[Insert Federal Register
citation].
*
*
*
*
*
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0561, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
I. General Information
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 52
continues to read as follows:
■
2. Amend § 52.470, in the table in
paragraph (e) by adding an entry for
‘‘VOC RACT and Negative
Declarations—VOC Source Categories
under the 2008 8-Hour ozone NAAQS’’
at the end of the table to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Applicable
geographic area
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
■
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Name of non-regulatory SIP revision
*
40 CFR part 52 is amended as follows:
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
E:\FR\FM\10OCR1.SGM
10OCR1
Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Rules and Regulations]
[Pages 54507-54510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21861]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0184; FRL-10000-90-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Reasonably Available Control Technology State
Implementation Plan for Volatile Organic Compounds Under the 2008 Ozone
National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the District of Columbia's (the District) state
implementation plan (SIP) submitted on August 29, 2018. The District's
SIP revision satisfies the volatile organic compound (VOC) reasonably
available control technology (RACT) requirements under the 2008 8-hour
ozone national ambient air quality standard (NAAQS). The District will
address RACT for nitrogen oxides (NOX) in a separate SIP
submission. This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on November 12, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0184. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat, 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-
2036. Mr. Becoat can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On August 29, 2018, the District of Columbia
Department of Energy and Environment (DOEE) submitted a SIP revision to
address all the RACT requirements for VOCs set forth by the CAA under
the 2008 8-hour ozone NAAQS (the 2018 RACT Submission). The District's
RACT submittal for the 2008 ozone NAAQS includes: (1) Certification
that for certain major sources, previously adopted VOC RACT controls in
the District's SIP that were approved by EPA under the 1979 1-hour and
1997 8-hour ozone NAAQS are based on the currently available
technically and economically feasible controls, and continue to
represent RACT for implementation of the 2008 8-hour ozone NAAQS; (2) a
listing of the Control Techniques Guidelines (CTGs) already adopted
into the District's SIP, and (3) a listing of those categories of
sources subject to CTGs which do not exist in the District and the
location of prior negative declarations previously submitted and
approved by EPA. The District's SIP submittal also includes an update
to the 2002 Mobile Equipment Repair and Refinishing (MERR) rule to
incorporate the Ozone Transport Commission's (OTC) 2009 Motor Vehicle
and Mobile Equipment Non-Assembly Line Coating Operations regulations
(MVMERR) rule adopted by the District in 2016. EPA addressed the 2009
MVMERR rule in a separate rulemaking action as it is not related to the
2008 VOC RACT SIP revision and does not impact EPA's approval. The DOEE
also submitted as an amendment to the SIP-approved 2002 MERR rule the
updated 2009 MVMERR rule. As previously mentioned, the 2009 MVMERR rule
was addressed in a separate rulemaking action.
I. Background
A. General
Ozone is formed in the atmosphere by photochemical reactions
between VOCs and NOX in the presence of sunlight. In order
to reduce these ozone concentrations, the CAA requires control of VOC
and NOX emission sources to achieve emission reductions in
moderate or more serious ozone nonattainment areas. Among effective
control measures, RACT controls significantly reduce VOC and
NOX emissions from major stationary sources.
RACT is defined as the lowest emission limitation that a particular
source is capable of meeting by the application of control technology
that is reasonably available considering technological and economic
feasibility.\1\ Section 172 of the CAA sets forth general requirements
for SIPs in nonattainment areas, including a requirement that SIPs must
include reasonably available control measures (RACM) for attainment of
the NAAQS, including emissions reductions from existing sources through
adoption of RACT. CAA section 172(c)(1). Part D, subpart 2 of the CAA
sets forth additional provisions for ozone nonattainment areas. CAA
sections 181-185B. Sections 182(b)(2) and 182(f)(1) of the CAA require
states with moderate
[[Page 54508]]
(or worse) ozone nonattainment areas to implement RACT controls on all
major stationary sources of VOC and NOX, and on source
categories covered by a CTG document issued by EPA, for sources located
in the nonattainment area. EPA's CTGs include recommendations on RACT
controls for various VOC source categories. The CTGs typically identify
a particular control level that EPA recommends as being RACT. In some
cases, EPA has issued Alternative Control Techniques guidelines (ACTs),
primarily for NOX source categories, which in contrast to
the CTGs, only present a range for possible control options but do not
identify any particular option as a recommendation for what is RACT.
Section 183(b) and (c) of the CAA requires EPA to revise and update
CTGs and ACTs as the Administrator determines necessary. States are
required to implement RACT for the source categories covered by CTGs
through the SIP.
---------------------------------------------------------------------------
\1\ See December 9, 1976 memorandum from Roger Strelow,
Assistant Administrator for Air and Waste Management, to Regional
Administrators, ``Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas.'' see also 44 FR 53761, 53762
(September 17, 1979).
---------------------------------------------------------------------------
Section 184(a) of the CAA established a single ozone transport
region (OTR), comprising all or part of 12 eastern states and the
District.\2\ The District is part of the OTR and, therefore, must
comply with the RACT requirements in section 184(b)(1)(B) and (2) of
the CAA. Specifically, section 184(b)(1)(B) requires the implementation
of RACT in OTR states with respect to all sources of VOC covered by a
CTG. Additionally, section 184(b)(2) states that any stationary source
with the potential to emit 50 tons per year (tpy) or more of VOCs shall
be considered a major source and subject to the requirements which
would be applicable to major stationary sources as if the area was
classified as a moderate nonattainment area. Section 182(f) extends the
SIP requirements for major sources of VOCs to major sources of
NOX, as defined in sections 302 and 182(c), (d), and (e).
---------------------------------------------------------------------------
\2\ Only a portion of the Commonwealth of Virginia is included
in the OTR.
---------------------------------------------------------------------------
Under the 2008 8-hour ozone standard, EPA designated the District
as a marginal nonattainment area. As part of the OTR, the District
must, at a minimum, implement more stringent moderate area RACT
requirements for: (1) All categories of VOC or NOX sources
covered by a CTG; (2) all other major stationary sources of VOC or
NOX located in the area. Section 182(b)(2). For the
District's 2008 VOC RACT analysis, despite classification as a marginal
nonattainment area, the OTR major source thresholds of 50 tpy for VOCs
and 100 tpy for NOX apply. Sections 184(b)(2), 182(f)(1).
B. EPA Guidance and Requirements
EPA has provided more substantive RACT requirements through final
implementation rules for each ozone NAAQS, as well as guidance. On
March 6, 2015, EPA issued its final rule for implementing the 2008 8-
hour ozone NAAQS (the 2008 Ozone Implementation Rule). 80 FR 12264,
codified at 40 CFR part 51, subpart AA. This rule addressed, among
other things, control and planning obligations as they apply to
nonattainment areas under the 2008 8-hour ozone NAAQS, including RACT
and RACM. In the preamble of the proposed rule, EPA stated that RACT
SIPs must contain adopted RACT regulations, certifications where
appropriate that existing provisions are RACT, and/or negative
declarations that there are no sources in the nonattainment area
covered by a specific CTG source category. 78 FR 34178, 34192 (June 6,
2013). Stated differently, states can meet the RACT requirements
associated with the 2008 ozone NAAQS either through (1) a certification
that previously adopted RACT controls in their SIP approved by EPA
under a prior ozone NAAQS continue to represent adequate RACT control
levels for attainment of the 2008 8-hour ozone NAAQS; (2) through the
adoption of new or more stringent regulations or controls that
represent RACT control levels; and/or (3) a negative declaration if
there are no source categories subject to certain CTGs within the
nonattainment area. A certification must be accompanied by appropriate
supporting information such as consideration of information received
during the public comment period and consideration of new data.
Adoption of new RACT regulations is more likely to occur when states
have new stationary sources not covered by existing RACT regulations,
or when new data or technical information indicates that a previously
adopted RACT measure does not represent a currently available RACT
control level.
II. Summary of SIP Revision and EPA Analysis
On August 29, 2018, the DOEE submitted a SIP revision to address
all the VOC RACT requirements set forth by the CAA for the 2008 8-hour
ozone NAAQS. Specifically, the District's 2018 RACT Submission
included: (1) A certification that for certain major sources,
previously adopted VOC RACT controls in the District's SIP that were
approved by EPA under the 1979 1-hour and 1997 8-hour ozone NAAQS are
based on the currently available technically and economically feasible
controls, and continue to represent RACT for implementation of the 2008
8-hour ozone NAAQS; (2) a listing of the CTGs already adopted into the
District's SIP, and (3) a listing of those categories of sources
subject to CTGs which do not exist in the District and the location of
prior negative declarations previously submitted and approved by EPA.
More detailed information on the District's 2018 VOC RACT
submission; as well as a detailed summary of EPA's review of the
submission, can be found in the notice of proposed rulemaking (NPR) for
this action published on July 11, 2019 (84 FR 33032), which is also
available online at www.regulations.gov, Docket number EPA-R03-OAR-
2019-0184.
After evaluating the SIP revision submittal, EPA concluded that the
District's SIP revision satisfied the 2008 8-hour ozone NAAQS RACT
requirements for VOC through (1) certification that previously adopted
RACT controls in the District's SIP for major, non-CTG VOC sources that
were approved by EPA under the 1-hour ozone and 1997 8-hour ozone NAAQS
continue to be based on the currently available technically and
economically feasible controls, and that they continue to represent
RACT; (2) a listing identifying those CTGs which the District has
already adopted into its SIP, and (3) a listing of the negative
declarations submitted by the District for those source categories
covered by CTGs that do not exist in the District. On July 11, 2019 (84
FR 33032), EPA published an NPR for the District's SIP revision. EPA
received one comment, which is addressed in Section III below.
III. Response to Comments
EPA received comments from one anonymous commenter during the
comment period for the proposed rulemaking action.
Comment #1: The commenter stated: ``Did EPA actually review the
regulations listed in table 1 for the control techniques guidance
requirements or is EPA just saying that because these regulations were
previously certified EPA doesn't have to review these regulations
anymore? EPA should review every regulations the district lists to make
sure the district still enforces these rules and that the rules
continue to meet the reasonably available control technology
requirements listed in the CTG to this day as well as make sure the
district's regulations are identical to the regulations approved into
the state's plan. The district periodically reevaluates it's
regulations and makes changes as required by their laws so
[[Page 54509]]
EPA needs to be very careful with what the district says it's
regulations are meeting.''
Response #1: EPA does not agree with the commenter's concerns. As
noted in the NPR published on July 11, 2019 (84 FR 33032), and the
associated Technical Support Document included in the docket, EPA has
reviewed the District's 2018 RACT submission, including all associated
regulations and tables, and concluded that the District has met the VOC
RACT requirements for the 2008 8-hour ozone NAAQS as set forth by
sections 182(b) and 184(b)(2) of the CAA. Therefore, this revision will
help the District attain and maintain the NAAQS for ozone. The District
certified that the regulations, under Title 20 (Environment), District
Municipal Regulations (DCMR) Subtitle A (Air Quality), Chapter 7--
Volatile Organic Compounds, which contains the VOC RACT controls
previously approved by EPA into the SIP under the 1-hour and 1997 8-
hour ozone NAAQS, continue to meet the RACT requirements for the 2008
8-hour ozone NAAQS for major stationary sources and CTG covered sources
of VOCs.
First, EPA did review the District's regulations cited in Table 1,
to ensure that every CTG and ACT identified as having been adopted by
the District is still codified in the District's regulations.
Second, Table 1 of the District's SIP submission lists the date
when EPA approved each SIP submission requesting approval for an
adopted CTG or ACT. EPA evaluated the District's adopted regulations to
ensure they conformed to the CTGs or ACTs at the time that EPA approved
a SIP revision adopting a CTG or ACT. Moreover, if the District has
changed any of its RACT regulations following EPA's approval of those
CTGs or ACTs as part of the SIP, the version of the District's
regulations which were approved into the SIP by EPA are still
enforceable by EPA and the public.
Finally, EPA did not review in this action the District's
enforcement of its currently-adopted regulations. EPA has authority to
enforce any requirement of an EPA-approved SIP, See CAA section 113,
and therefore has concurrent enforcement authority over those
regulations which are in the District's SIP. Furthermore, EPA is not
aware of any failure of the District to ensure that the RACT
regulations are being implemented.
Comment #2: The commenter also stated: ``Under Table 2 the district
says there are no fixed roof tanks that store petroleum products but a
simple look at Google Maps shows the Ronald Reagan Nation Airport has
several fixed roof tanks for storage of petroleum products. Did EPA
actually review this table and make sure there were no sources subject
to these control techniques guidance documents or did EPA just rely on
the district's thinly stretched staff to make sure they don't have
sources subject to every guidance document? EPA must do it's own
independent research and come to the same conclusion as the district.''
Response # 2: Regarding commenter's concern about the fixed roof
tanks at Ronald Reagan National Airport, EPA notes that the tanks and
airport are located in Arlington, Virginia and therefore are not within
the District's jurisdiction. Also, EPA did review Tables 1 and 2 to
determine if the District made negative declarations for any CTG or ACT
sources that were likely to be within the District. Many of the CTGs in
Table 1 and ACTs in Table 2 are aimed at controlling emissions from
large manufacturing facilities, such as shipbuilding, refinery
operations, manufacture of metal furniture, manufacture of rubber
tires, etc. These kind of manufacturing facilities would be known to
EPA and the District Department of Energy and Environment,
notwithstanding any perceived shortage of staff. EPA CAA enforcement
personnel inspect facilities in the District for compliance with all
CAA requirements and are familiar with the types of air emission
sources located in the District. In response to this comment, EPA
Region 3 air enforcement personnel reviewed Tables 1 and 2 in the SIP
submission and did not identify any sources covered by a negative
declaration that actually exist in the District. In sum, EPA did not
identify any sources subject to CTGs or ACTs in the District for which
the District submitted a negative declaration, and the commenter did
not identify any such sources.
IV. Final Action
EPA is approving the District of Columbia's August 29, 2018 SIP
revision that satisfies the VOC RACT requirements under the 2008 8-hour
ozone NAAQS.
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant action under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
[[Page 54510]]
Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 9, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, which approves the District's 2008 8-hour ozone
RACT SIP revision, may not be challenged later in proceedings to
enforce its requirements (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 23, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart J--District of Columbia
0
2. Amend Sec. 52.470, in the table in paragraph (e) by adding an entry
for ``VOC RACT and Negative Declarations--VOC Source Categories under
the 2008 8-Hour ozone NAAQS'' at the end of the table to read as
follows:
Sec. 52.470 Identification of plan.
* * * * *
(e)* * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP State EPA approval Additional
revision Applicable geographic area submittal date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
VOC RACT and Negative District of Columbia........... 08/29/2018 10/10/2019,.....
Declarations--VOC Source [Insert Federal
Categories under the 2008 8- Register
Hour ozone NAAQS. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-21861 Filed 10-9-19; 8:45 am]
BILLING CODE 6560-50-P