[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]
 BILLING CODE 6560-50-P