[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Proposed Rules]
[Pages 33032-33035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14628]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0184; FRL-9996-27-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
District of Columbia (the District). 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. The District's RACT submittal for the 2008 ozone NAAQS 
includes 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; a listing of the Control Techniques Guidelines (CTGs) already 
adopted into the District's SIP, and 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 is addressing

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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 
proposed approval. This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before August 12, 2019.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2019-0184 at https://www.regulations.gov, or via email to 
spielberger.susan@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

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. Gregory A. Becoat can also be reached via electronic mail at 
becoat.gregory@epa.gov.

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 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 
will be addressed in a separate rulemaking notice.

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 (or worse) ozone nonattainment areas to implement 
RACT controls on all stationary sources and source categories covered 
by a CTG document issued by EPA, and on all major sources of VOC and 
NOX emissions located in the area. A major source in a 
nonattainment area is defined as any stationary source that emits or 
has the potential to emit NOX or VOC above a certain 
applicability threshold that is based on the ozone nonattainment 
classification of the area: Marginal, Moderate, Serious, or Severe. See 
``major stationary source'' in CAA sections 182(c), (d), (e), 184(b) 
and 302. EPA's CTGs establish presumptive RACT control requirements 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 the presumptive norm for what is RACT. Section 
183(c) of the CAA requires EPA to revise and update CTGs and ACTs as 
the Administrator determines necessary. EPA issued 11 new CTGs from 
2006 through 2008 for a total of 44 CTGs issued since November 1990. 
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. A major source in a 
moderate nonattainment area is defined by section 302(j) as any 
stationary source that emits or has the potential to emit 100 tpy or 
more of any air pollutant, including NOX or VOC. 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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B. The District of Columbia's History

    The District has been subject to the CAA RACT requirements because 
of previous ozone designations. The District was designated as a 
Serious 1-hour ozone nonattainment area. On January 24, 2003, the 
District's nonattainment classification was ``bumped up'' from Serious 
to Severe for the 1-hour NAAQS and the District was required to submit 
RACT evaluations on point sources with a potential to emit (PTE) 25 tpy 
for either VOCs or NOX (68 FR 3410). Revisions to the 
District's VOC RACT provisions to redefine major source thresholds were 
adopted into the SIP on December 28, 2004 (69 FR 77647) and the final 
attainment demonstration for the 1-hour NAAQS was approved on March 13, 
2005 (70 FR 25688). Under the 1997 8-hour ozone NAAQS, the District was 
designated as a Moderate nonattainment area. As a result, the District 
continued to be subject to the CAA RACT requirements. 69 FR 23858, 
23931 (April 30, 2004). The District

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promulgated its RACT regulations, certifying that the previously 
adapted RACT controls approved under the 1-hour ozone NAAQS continued 
to represent RACT under the 1997 8-hour ozone standard, and that no 
facilities existed in the District for several remaining CTG 
categories. EPA approved the SIP revision on June 16, 2009 (74 FR 
28447).
    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).

C. 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. Stated 
differently, states can meet the RACT requirements either through (1) a 
certification that previously adopted RACT controls in their SIP 
revisions 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; or (3) a 
negative declaration if there are no source categories subject to 
certain CTGs within the nonattainment area in lieu of, or in addition 
to, a certification. 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 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.

II. Summary of SIP Revision

    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 
includes: (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.
    The District's Regulations and Statutes, under DMCR Subtitle A (Air 
Quality), Chapter 7--Volatile Organic Compounds, contain the VOC RACT 
controls that were implemented and approved into the District's SIP 
under the 1-hour and 1997 8-hour ozone NAAQS. The District is 
certifying that these regulations, all previously approved by EPA into 
the SIP, continue to meet the RACT requirements for the 2008 8-hour 
ozone NAAQS for major stationary sources of VOCs and CTG-covered 
sources of VOCs. The District also submitted negative declarations for 
those sources covered by CTGs and ACT guidelines that have not been 
adopted due to no affected facilities in the District in their review 
of applicable 2008 8-hour ozone RACT requirements. Additionally, the 
District conducted a RACT analysis for each major non-CTG stationary 
source of VOC. For the 2008 8-hour ozone NAAQS, the District determined 
that there were three major stationary sources with a PTE of 50 tpy or 
more of VOCs. The District evaluated the equipment at these sources to 
determine whether there was any equipment emitting VOCs that were not 
covered by RACT level controls or a CTG. For equipment at these sources 
not covered by RACT controls or CTGs, the District determined that the 
actual emissions of VOCs from this equipment were so small that it 
would not be cost-effective (economically feasible) to apply controls.
    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 Technical Support Document (TSD) for 
this action, which is available online at www.regulations.gov, Docket 
number EPA-R03-OAR-2019-0184.

III. Proposed Action

    EPA has reviewed the District's 2018 RACT submission and is 
proposing to approve it as a SIP revision. The District has met the 
RACT requirements for the 2008 8-hour ozone NAAQS as set forth by 
sections 182(b) and 184(b)(2) of the CAA. The District's SIP revision 
satisfies the 2008 8-hour ozone NAAQS RACT requirements 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 previously submitted by the 
District for those source categories covered by CTGs that do not exist 
in the District. EPA finds that the District's 2018 RACT Submission 
demonstrates that the District has adopted air pollution control 
strategies that represent RACT for the purposes of compliance with the 
2008 8-hour ozone standard for all major stationary sources of VOC, it 
implements RACT with respect to all sources of VOCs covered by a CTG 
issued prior to July 20, 2014, and has submitted or previously 
submitted negative declarations for those VOC sources covered by CTGs 
and ACTs that are not found in the District. EPA is soliciting public 
comments on the issues discussed in this document relevant to VOC RACT 
requirements for the District for the 2008 ozone NAAQS. These comments 
will be considered before taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference source-specific RACT determinations under the 2008 8-hour 
ozone NAAQS for certain major sources of VOC emissions. EPA has made, 
and will

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continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).

V. 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 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 proposed 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 SIP approvals are exempted 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 proposed rule, the District's 2008 8-hour ozone 
RACT SIP revision 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 District, 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: June 26, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-14628 Filed 7-10-19; 8:45 am]
 BILLING CODE 6560-50-P


