[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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