	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2008-0595; FRL-        ] 

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.

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 [insert date 30
days from date of publication].

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-

2008-0595 by one of the following methods:

A.    www.regulations.gov.  Follow the on-line instructions for
submitting comments.

B.    E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
fernandez.cristina@epa.gov .

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 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
www.regulations.gov or e-mail.  The www.regulations.gov website 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  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
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 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 N.E., 6th Floor, Washington, DC  20002.

FOR FURTHER INFORMATION CONTACT:  Patrick J. Egan, (215) 814-3167, or by
e-mail at   HYPERLINK "mailto:egan.patrick@epa.gov" 
egan.patrick@epa.gov .  

SUPPLEMENTARY INFORMATION:  

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 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

DCMR Title 20 Section	Existing Stationary Sources – 40 CFR 52.2420(c)

	Title of Regulation	State Effective Date	Federal Register Date for SIP
Approval	Citation

716 	Offset Lithography	10/2/98	10/27/99	64 FR 57777

704	Stage I Vapor Recovery	3/15/85	10/27/99 	64 FR 57777

708 and  742-748 	Solvent Cleaning Degreasing	3/15/85 	10/27/99 &
12/29/2004	64 FR 57777 & 69 FR 77906

718	Paint – Spray Booth	11/26/04	12/23/04	69 FR 76855

706	Petroleum Dry Cleaners	3/15/85	10/27/99	64 FR 57777

709.1	Cutback Asphalt	3/15/85	10/27/99	64FR57777

704.4	Leaks from Gasoline Tank Trucks and Vapor Collection Systems
3/15/85	10/27/99	64 FR 57777

710 

Appendix 7-1	Engraving and Plate Printing	3/15/85	10/27/99	64 FR 57777

705.4 - 705.14	Stage II Gasoline Vapor Recovery 	3/15/85	10/27/99	64 FR
57777



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



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



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.

Table 3	District of Columbia’s NOx RACT Controls

DCMR Title 20 Section	Title of Regulation	State Effective Date	Federal
Register Date for SIP Approval	Citation

805.1, 805.5	Fuel-burning equipment with an input capacity of 100 MM
Btu/hr or greater	4/16/04	12/28/04	69 FR 77645

805.5, 805.8	Fuel-burning equipment with an input capacity equal to or
greater than 20MM/Btu/hr, but less than 50 MM Btu/hr	4/16/04	12/28/04	69
FR 77645

805.1, 805.5	Fuel-burning equipment with an input capacity equal to or
greater than 50 MM/Btu/hr, but less than 100 MM Btu	4/16/04	12/28/04	69
FR 77645

805.4	Combustion turbine with an input capacity equal to or greater than
100 MM	4/16/04	12/28/04	69 FR 77645

805.1, 709.1	Asphalt concrete plant with a potential to emit (PTE) 25
tons per year or greater	4/16/04	12/28/04	69 FR 77645

805.1	All other fuel burning equipment with a PTE 25 tons per year of
NOx or greater	4/16/04	12/28/04	69 FR 77645

805.1	Stationary Internal Combustion Engines	4/16/04	12/28/04	69 FR
77645



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 (Public Law 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.

                                                                        
   

                                                                        
                                       /s/

_February 24, 2009_                                                  
____________________________

Dated:                             		   		William T. Wisniewski,	

                                                                 	
Acting Regional Administrator,

                                                                 	
Region III.

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