[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]
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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.
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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.
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\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).
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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).
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\2\ Only a portion of the Commonwealth of Virginia is included
in the OTR.
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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.
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(e)* * *
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Name of non-regulatory SIP State EPA approval Additional
revision Applicable geographic area submittal date date explanation
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* * * * * * *
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].
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[FR Doc. 2019-21861 Filed 10-9-19; 8:45 am]
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