[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12778-12781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6593]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0595; FRL-8780-7]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Reasonably Available Control Technology Under the
8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the District of Columbia. This SIP revision
consists of a demonstration that the District of Columbia meets the
requirements of reasonably available control technology (RACT) for
nitrogen oxides (NOX) and volatile organic compounds (VOCs)
set forth by the Clean Air Act (CAA). This SIP revision demonstrates
that all requirements for RACT are met either through: certification
that previously adopted RACT controls in the District of Columbia's SIP
that were approved by EPA under the 1-hour ozone National Ambient Air
Quality Standard (NAAQS) are based on the currently available
technically and economically feasible controls, and that they continue
to represent RACT for the 8-hour implementation purposes; and a
negative declaration demonstrating that no facilities exist in the
District of Columbia for the applicable control technology guideline
(CTG) categories. This action is being taken under the CAA.
DATES: Written comments must be received on or before April 24, 2009.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0595 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2008-0595, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0595. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the District of Columbia Department of
the Environment, 51 N Street, NE., 6th Floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Patrick J. Egan, (215) 814-3167, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 12779]]
I. Background
Ozone is formed in the atmosphere by photochemical reactions
between VOC, NOX, and carbon monoxide (CO) in the presence
of sunlight. In order to reduce ozone concentrations in the ambient
air, the CAA requires all nonattainment areas to apply controls on VOC/
NOX emission sources to achieve emission reductions.
Since the 1970's, EPA has consistently interpreted RACT to mean the
lowest emission limit that a particular source is capable of meeting by
the application of the control technology that is reasonably available
considering technological and economic feasibility. See, e.g., 72 FR
20586 at 20610 (April 25, 2007). Section 182 of the CAA sets forth two
separate RACT requirements for ozone nonattainment areas. The first
requirement, contained in section 182(a)(2)(A) of the CAA, and referred
to as RACT fix-up, requires the correction of RACT rules for which EPA
identified deficiencies before the CAA was amended in 1990. On August
4, 1992 (57 FR 34250), EPA published a final rulemaking notice
approving the District of Columbia's SIP revision in order to correct
the District's VOC RACT regulations and establish and require the
implementation of revised SIP regulations to control VOCs.
The second requirement, set forth in section 182(b)(2) of the CAA,
applies to moderate (or worse) ozone nonattainment areas and attainment
areas in the ozone transport region (OTR) established pursuant to
section 184 of the CAA. These areas are required to implement RACT
controls on all major VOC and NOX emission sources and on
all sources and source categories covered by a CTG issued by EPA. On
October 27, 1999 (64 FR 57777), EPA published a final rulemaking notice
approving the District of Columbia's SIP revision as meeting the CTG
RACT provisions of the CAA. Further details of The District of
Columbia's RACT requirements can be found in a Technical Support
Document (TSD) prepared for this rulemaking.
The Washington 1-hour Area had certain RACT requirements under
section 182 for VOC and NOX. Section 182(b)(2) of the CAA
required the District of Columbia to implement RACT on all sources and
source categories covered by a CTG issued by EPA. Point sources with
the potential to emit 50 tons per year or more of VOCs or 100 tons per
year or more of NOX that were not covered by a CTG were also
required to implement RACT. As a result of failure to meet the
attainment date of November 15, 1999, the Metropolitan Washington area
was reclassified from serious to severe nonattainment area for the 1-
hour standard (68 FR 3410, January 24, 2003). As a result of the
reclassification, the District of Columbia was required to perform RACT
evaluations on point sources with the potential to emit 25 tons per
year for either VOC or NOX (69 FR 77647, December 28, 2004).
Under the 1-hour ozone NAAQS, the District of Columbia was
originally classified as part of the Metropolitan Washington serious 1-
hour ozone nonattainment area (Washington 1-hour Area) (56 FR 56694 at
56844, November 6, 1991). The Washington 1-hour Area is also part of
the OTR. The OTR is established by section 184 of the CAA. Areas in the
OTR are subject to OTR-specific RACT requirements. Section 184(b)(1)(B)
of the CAA, requires the implementation of RACT with respect to all
sources of VOC covered by a CTG. Additionally, section 184(b)(2) of the
CAA, requires the implementation of major stationary source
requirements as if the area were a moderate nonattainment area on any
stationary source with a potential to emit of at least 50 tons per year
of VOC or 100 tons per year of NOX. However, the Washington
1-hour Area satisfies the section 184 RACT requirements because section
182 requirements are more stringent as a result of reclassification to
a severe nonattainment area for the 1-hour standard; therefore, no
additional measures for the implementation of RACT are applicable (68
FR at 3425, January 24, 2003).
Under the 8-hour ozone NAAQS, the Washington 1-hr Area, with the
exception of Stafford County, Virginia was designated and classified as
a moderate nonattainment area, and is therefore subject to the CAA RACT
requirements in section 182(b) (69 FR 23858, April 30, 2004). The
District of Columbia is required to submit to EPA a SIP revision that
demonstrates how the District meets the RACT requirements under the 8-
hour ozone standard.
EPA requires under the 8-hour ozone NAAQS that states meet the CAA
RACT requirements, either through a certification that previously
adopted RACT controls in their SIP approved by EPA under the 1-hour
ozone NAAQS represent adequate RACT control levels for 8-hour
attainment purposes, or through the establishment of new or more
stringent requirements that represent RACT control levels. See, Final
Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 2; Final Rule To Implement Certain Aspects of the 1990
Amendments Relating to New Source Review and Prevention of Significant
Deterioration as They Apply in Carbon Monoxide, Particulate Matter and
Ozone NAAQS; Final Rule for Reformulated Gasoline (Phase 2 Rule) 70 FR
71612, 71655, November 29, 2005. Sections 172(c)(1) and 182(b)(2) of
the CAA require that all SIPs satisfy the NOX and VOCs RACT
requirements that apply in areas that have not attained the NAAQS for
ozone. See 42 U.S.C. 7502(c)(1), 42 U.S.C. 7511a(b)(2), and 42 U.S.C.
7511a(f). EPA has determined that States that have RACT provisions
approved in their SIPs for 1-hour ozone nonattainment areas have
several options for fulfilling the RACT requirements for the 8-hour
ozone NAAQS. If a State meets certain conditions, it may certify that
previously adopted 1-hour ozone RACT controls in the SIP continue to
represent RACT control levels for purposes of fulfilling 8-hour ozone
RACT requirements. Alternatively, a State may establish new or more
stringent requirements that represent RACT control levels, either in
lieu of or in conjunction with a certification.
As set forth in the preamble to the Phase 2 Rule, a certification
must be accompanied by appropriate supporting information such as
consideration of information received during the public comment period
and consideration of new data (70 FR at 71655). This information may
supplement existing RACT guidance documents that were developed for the
1-hour standard, such that the State's SIP accurately reflects RACT for
the 8-hour ozone standard based on the current availability of
technically and economically feasible controls. Establishment of new
RACT requirements will occur when states have new stationary sources
not covered by existing RACT regulations, or when new data or technical
information indicates that a previously adopted RACT measure does not
represent a newly available RACT control level. Another 8-hour ozone
NAAQS requirement for RACT is to submit a negative declaration if there
are no CTG sources or major sources of VOC and NOX emissions
in lieu of or in addition to a certification.
II. Summary of SIP Revision
On September 22, 2008, the District of Columbia Department of
Environment (DDOE) submitted a revision to its SIP that addresses the
requirements of RACT under the 8-hour ozone NAAQS set forth by the CAA.
The District of Columbia's SIP revision is consistent with the process
in the Phase 2 Rule preamble, and satisfies the requirements
[[Page 12780]]
of RACT set forth by the CAA under the 8-hour ozone NAAQS. The District
of Columbia's SIP revision satisfies the 8-hour RACT requirements
through a certification that previously adopted RACT controls in the
District of Columbia's SIP that were approved by EPA under the 1-hour
ozone NAAQS are based on the currently available technically and
economically feasible controls, and continues to represent RACT for the
8-hour implementation purposes and a negative declaration that no CTG
or non-CTG facilities exist in the District of Columbia.
A. VOC CTG RACT Controls
The District of Columbia's Regulations and Statues, under Title 20
District of Columbia Municipal Regulations (DCMR) Chapter 7, contain
the District of Columbia's CTG VOC RACT controls that were implemented
and approved in the District SIP under the 1-hour ozone NAAQS. Although
Alternate Control Techniques (ACTs) are not regulatory documents and
have no legal effect on state regulations, EPA requires that states
verify that ACTs have been considered in the RACT program development
process. Therefore, DDOE included ACTs in their certification of
applicable RACT requirements in the submittal. Table 1 lists District
of Columbia's VOC RACT controls, which the District of Columbia is
certifying as meeting the 8-hour RACT requirements.
Table 1--District of Columbia's CTG and ACT VOC RACT Controls
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Existing stationary sources--40 CFR 52.2420(c)
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DCMR Title 20 section Federal Register
Title of regulation State effective date for SIP Citation
date approval
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716.......................... Offset Lithography... 10/2/98 10/27/99 64 FR 57777
704.......................... Stage I Vapor 3/15/85 10/27/99 64 FR 57777
Recovery.
708 and 742-748.............. Solvent Cleaning 3/15/85 10/27/99 & 64 FR 57777 &
Degreasing. 12/29/2004 69 FR 77906
718.......................... Paint--Spray Booth... 11/26/04 12/23/04 69 FR 76855
706.......................... Petroleum Dry 3/15/85 10/27/99 64 FR 57777
Cleaners.
709.1........................ Cutback Asphalt...... 3/15/85 10/27/99 64 FR 57777
704.4........................ Leaks from Gasoline 3/15/85 10/27/99 64 FR 57777
Tank Trucks and
Vapor Collection
Systems.
710, Appendix 7-1............ Engraving and Plate 3/15/85 10/27/99 64 FR 57777
Printing.
705.4-705.14................. Stage II Gasoline 3/15/85 10/27/99 64 FR 57777
Vapor Recovery.
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DDOE also submitted a negative declaration certifying that the
following VOC CTG sources do not exist in the District of Columbia and
therefore there is no need for the District of Columbia to adopt CTGs
for these sources. Table 2 lists VOC CTG sources in the District of
Columbia's negative declaration.
Table 2--VOC CTG Sources for Which No Applicable Facilities Exist in the
District of Columbia
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Automobile and light-duty truck manufacturing.
Coating of cans, coils, paper, fabric and vinyl, metal furniture, large
appliances, magnet wire, miscellaneous metal parts and products and
flatwood paneling.
Storage of petroleum liquids in fixed-roof tanks.
Bulk gasoline plants.
Petroleum refinery sources.
Manufacture of synthesized pharmaceutical products, pneumatic rubber
tires, vegetable oil, synthetic organic chemicals (fugitive VOCs and
air oxidation) and high density polyethylene, polypropylene and
polystyrene resins.
Graphic arts systems.
Storage, transportation and marketing of VOCs (fugitive VOCs from oil
and gas production and natural gas and gasoline processing).
Aerospace.
Shipbuilding and repair.
Distillation or reactor or batch processes in the synthetic organic
chemical manufacturing industry.
Wood furniture coatings.
Storage of petroleum liquids in external floating-roof tanks.
Bulk gasoline terminals.
Petroleum refinery equipment leaks.
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B. NOX RACT Controls
The District of Columbia's Regulations and Statutes under Title 20
DCMR Chapter 8, Section 805 contains the District of Columbia's
NOX RACT controls that were implemented and approved into
the District's SIP under the 1-hour ozone SIP. Table 3 lists the
District of Columbia's NOX RACT controls.
[[Page 12781]]
Table 3--District of Columbia's NOX RACT Controls
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Federal Register
DCMR Title 20 section Title of regulation State effective date for SIP Citation
date approval
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805.1, 805.5.................... Fuel-burning equipment 4/16/04 12/28/04 69 FR 77645
with an input capacity
of 100 MM Btu/hr or
greater.
805.5, 805.8.................... Fuel-burning equipment 4/16/04 12/28/04 69 FR 77645
with an input capacity
equal to or greater
than 20MM/Btu/hr, but
less than 50 MM Btu/hr.
805.1, 805.5.................... Fuel-burning equipment 4/16/04 12/28/04 69 FR 77645
with an input capacity
equal to or greater
than 50 MM/Btu/hr, but
less than 100 MM Btu.
805.4........................... Combustion turbine with 4/16/04 12/28/04 69 FR 77645
an input capacity
equal to or greater
than 100 MM.
805.1, 709.1.................... Asphalt concrete plant 4/16/04 12/28/04 69 FR 77645
with a potential to
emit (PTE) 25 tons per
year or greater.
805.1........................... All other fuel burning 4/16/04 12/28/04 69 FR 77645
equipment with a PTE
25 tons per year of
NOX or greater.
805.1........................... Stationary Internal 4/16/04 12/28/04 69 FR 77645
Combustion Engines.
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The District of Columbia has adopted the NOX SIP Call
trading program. The PEPCO-Benning Road Generating Station and GSA
facilities in the District of Columbia subject to the NOX
SIP Call may be recertified as meeting NOX RACT requirements
based on the Phase 2 Rule and source-specific RACT controls, as well as
their compliance with the NOX Budget Trading Program. See
Phase 2 Rule, 70 FR 71617, 71652, November 29, 2005.
The District of Columbia SIP revision certifies that no new or
revised NOX and VOC requirements have been adopted since the
applicability threshold of 25 tons per year for major sources represent
current RACT control level under the 8-hour ozone NAAQS.
III. Proposed Action
EPA is proposing to approve the District of Columbia SIP revision
that addresses the requirements of RACT under the 8-hour ozone NAAQS.
The District of Columbia's SIP revision was submitted on September 22,
2008. This SIP revision is based on a certification that previously
adopted RACT controls in the District of Columbia's SIP that were
approved by EPA under the 1-hour ozone NAAQS are based on the currently
available technically and economically feasible controls, and that they
continue to represent RACT for the 8-hour implementation purposes, and
a negative declaration demonstrating that no facilities exist in the
District of Columbia for the applicable CTG categories. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, pertaining to the District of
Columbia RACT under the 8-hour ozone NAAQS, does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 24, 2009.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E9-6593 Filed 3-24-09; 8:45 am]
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