[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10295-10301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02006]



[[Page 10295]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0207; FRL-10004-84-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Reasonably Available Control Technology State 
Implementation Plan for Nitrogen Oxides 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 state 
implementation plan (SIP) revision submitted by the District of 
Columbia. This revision satisfies the nitrogen oxides (NOX) 
reasonably available control technology (RACT) requirements under the 
2008 8-hour ozone national ambient air quality standard (2008 ozone 
NAAQS). The District of Columbia's NOX RACT submittal for 
the 2008 ozone NAAQS: Amends existing regulatory provisions to add new 
or more stringent regulations or controls that represent RACT control 
levels for combustion turbines and associated heat recovery steam 
generators and duct burners, amends the applicability provisions of 
these regulations to include all combustion turbines and associated 
heat recovery steam generators and duct burners, and adds conforming 
definitions; includes a source specific NOX RACT 
determination for four specific emissions units at one major stationary 
source of NOX; includes a certification that, for other 
categories of sources, controls already approved by EPA into the 
District of Columbia's SIP to meet NOX RACT for previous 
ozone NAAQS are based on technically and economically feasible controls 
and continue to represent NOX RACT for 2008 8-hour ozone 
NAAQS implementation purposes; and in an effort to clean-up its SIP, 
removes carbon monoxide (CO) emissions limits for combustion turbines 
that no longer exist in the District of Columbia. This action is being 
taken under the Clean Air Act (CAA).

DATES: This final rule is effective on March 25, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2019-0207. 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: Mr. Gregory 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 
becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: On August 29, 2018, and as supplemented on 
December 19, 2018, the District of Columbia's Department of Energy and 
Environment (DOEE) submitted a SIP revision to address all of the RACT 
requirements for NOX set forth by the CAA under the 2008 
ozone NAAQS. The SIP revision also included amendments to its 
NOX control regulations and an operating permit setting RACT 
for certain specific emissions units at one major stationary source of 
NOX (hereafter 2008 NOX RACT Submission).\1\
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    \1\ Also, on August 29, 2018 the District of Columbia submitted 
a separate SIP revision to address all the volatile organic compound 
(VOC) RACT requirements under the 2008 ozone NAAQS both for VOC 
sources covered by a control techniques guideline (CTG) and for 
other major stationary sources of VOC. This VOC RACT SIP revision is 
the subject of a separate rulemaking action. See 84 FR 54507, 
October 10, 2019.
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I. Background

    On August 29, 2018 and supplemented on December 19, 2018, DOEE 
submitted a SIP revision to address all the requirements of 
NOX RACT set forth by the CAA under the 2008 ozone NAAQS 
(the 2008 NOX RACT Submission). On September 11, 2019, EPA 
published a notice of proposed rulemaking (NPRM) for the District of 
Columbia's SIP revision. (84 FR 47914). Detailed information on the 
District's 2008 NOX RACT Submission and EPA's review of the 
submission, can be found in the NPRM, which is also available on line 
at www.regulations.gov, Docket number EPA-R03-OAR-2019-0207.

II. Summary of the District of Columbia's SIP Revision and EPA's 
Proposed Actions

A. New Emissions Limits for Combustion Turbines and Conforming 
Amendments

    The District of Columbia's NOX RACT SIP revision 
contained a final rule amending Title 20 of the District of Columbia 
Municipal Regulations (20 DCMR), Chapter 8, section 805.4 to amend the 
District of Columbia's NOX emission limits for combustion 
turbines and for any duct burners or associated heat recovery steam 
generators.
    The amendments also included the addition of conforming definitions 
and abbreviations to the applicability provisions of section 805.1 to 
clarify that any associated heat recovery steam generators and duct 
burners were subject to section 805. Further, the amendments amend 
section 199 ``Definitions And Abbreviations'' to add definitions for 
new terms found in section 805.4.
    After evaluating the SIP revision submittal, EPA proposed finding 
that the District's SIP revision satisfied the 2008 8-hour ozone NAAQS 
RACT requirements for NOX. EPA found that the RACT 
determination provided by the District of Columbia is reasonable and 
appropriately considered technically and economically feasible controls 
while setting lowest achievable limits to adequately meet RACT under 
the 2008 8-hour ozone NAAQS for the categories of combustion turbines. 
EPA found that the District of Columbia has set presumptive RACT 
emissions limits for stationary combustion turbines for existing major 
stationary sources of NOX in the District of Columbia. EPA 
found that revising section 805.4 with the regulatory changes of the 
2008 NOX RACT Submission strengthens the SIP with respect to 
oil-fired stationary combustion turbines of greater than 100 million 
British Thermal Units per hour (mmBTU per hour) heat input capacity and 
can be approved.

B. District of Columbia Water Blue Plains Advanced Wastewater Treatment 
Plant Source Specific NOX RACT

    The District of Columbia's NOX RACT SIP Submission 
included an evaluation of a permit issued by the DOEE to District of 
Columbia Water and Sewer Authority (DC Water) to construct and operate 
new biosolids handling facilities located at the Blue Plains Advanced 
Wastewater Treatment Plant (BPAWTP), which included four sources that 
are subject to the NOX RACT source specific determination 
requirements.

[[Page 10296]]

    After evaluating the SIP revision submittal, EPA proposed finding 
that the RACT determination provided by the District of Columbia is 
reasonable and appropriately considered technically and economically 
feasible controls while setting lowest achievable limits to adequately 
meet RACT on a source specific basis under the 2008 8-hour ozone NAAQS 
for the BPAWTP emissions units. EPA concluded that source specific 
limits for the digester gas-fired auxiliary boiler and three flares are 
appropriate because the source category, related to municipal 
wastewater treatment, is unique within the District of Columbia. These 
limits were set on technology consistent with lowest achievable 
emission rate (LAER) which essentially reflects the lowest rate in any 
SIP or achieved in practice and are based upon the actual performance 
of the emissions units.

C. Certification of Other Provisions in Section 805

    The District of Columbia's NOX RACT SIP Submission 
included a certification that the NOX RACT controls as 
amended in 2004 for implementation and approval into the District of 
Columbia SIP under the 1-hour and the 1997 ozone NAAQS are still RACT 
for purposes of meeting requirements for the 2008 8-hour ozone NAAQS, 
except for those sources for which the District of Columbia submitted 
new NOX RACT emissions limits in the 2008 NOX 
RACT Submission. These sources are: (1) Combustion turbines; and (2) 
the digester gas equipment at one major NOX source regarding 
the BPAWTP.
    After evaluating the SIP revision submittal, EPA proposed finding 
that the previously adopted RACT controls continue to represent 
NOX RACT for the 2008 ozone NAAQS as required under sections 
184(b)(2) and 182(f) except for the combustion turbine source-category 
and the source-specific limits at the BPAWTP.

D. Setting Stricter NOX Emissions Limits for Combustion Turbines and 
Removing CO Emissions Limits for Combustion Turbines Over 100 mmBTU per 
Hour

    As explained in more detail in the NPRM, since 1990, the District 
of Columbia implemented numerous RACT requirements under the 1-hour and 
the 1997 ozone standards. Many of those requirements are contained in 
section 805 of Title 20 of the DCMR. The District of Columbia's current 
NOX RACT SIP Submission included an amendment to section 
805.4 to remove a NOX emissions limit for oil-fired, 
combustion turbines with a heat input over 100 mmBTU per hour and 
replace it with a lower NOX limit for any combustion turbine 
with heat input rating greater than 50 mmBTU per hour burning any 
combination of liquid fuels. As detailed in the NPRM, the revised 
section 805.4 sets a lower NOX emissions limits for a 
greater universe of combustion turbines by lowering the capacity 
threshold of eligible units and expanding coverage of the types of fuel 
burned by those units. The revised section 805.4 also removes the 
exemption for low utilization turbines--those operated for less than 
500 hours per year. Thus, the NOX limits set in section 
805.4 now apply to these sources.
    The NPRM also explained that the revised section 805.4, in an 
effort to clean-up its SIP, removed CO emissions limits for combustion 
turbines of over 100 mmBTU heat input burning fuel oil because there 
are no longer any units over 100 mmBTU per hour heat input in the 
District of Columbia. The subject CO limits were initially included in 
the ozone RACT to ensure optimum combustion to reduce NOX 
emissions. See 64 FR 9272 (February 25, 1999) and 65 FR 81369 (December 
26, 2000). As there are no longer any sources in the District of 
Columbia subject to the CO limits at issue, the revised section 805.4 
will not result in relaxing an existing emissions limitation applicable 
to any existing emissions unit at a major stationary source.
    On the potential impact on NOX emissions due to the 
removal of the subject CO limits and the siting of any new combustion 
turbines of over 100 mmBTU heat input burning fuel oil in the District 
of Columbia, the NPRM went on to note that for any such combustion 
turbines with a potential to emit increase over 25 tons per year (tpy) 
of NOX, the District of Colombia's SIP major source 
permitting program would require LAER and offsetting NOX 
emissions at a ratio of 1.3:1. See 20 DCMR Chapter 2, section 204 
(Permit Requirements for Sources Affecting Non-attainment Areas), which 
is approved into the SIP at 40 CFR 52.470(c).
    For the reasons detailed in the NPRM, EPA proposed finding that the 
lower NOX limits applicable to stationary combustion 
turbines burning any combination of liquid fuels along with the lower 
regulatory threshold and the removal of the CO limits for combustion 
turbines of over 100 mmBTU heat input burning fuel oil will be as 
protective of the ozone and NOX NAAQS and not hinder or 
impede attainment or maintenance of the those NAAQS in the District of 
Columbia as required by section 110(l) of the CAA.
    Finally, the NPRM addressed the removal of the CO limits for 
combustion turbines of over 100 mmBTU heat input burning fuel oil in 
relationship to the CO NAAQS. The NPRM detailed that there are no 
longer any such units in the District of Columbia and that the CO 
levels in the Washington-Arlington-Alexandria (DC-VA-MD) area are well 
below the CO NAAQS. Further, in the event that any new stationary 
combustion turbine or turbines are located within the District of 
Columbia in the future that are a major stationary source of CO or 
would constitute a significant net emissions increase at an existing 
major stationary source of CO (or nitrogen dioxide), the new major 
stationary combustion turbine would be required to obtain a prevention 
of significant deterioration (PSD) permit under 40 CFR 52.21 and 
52.499. The PSD permit would require best available control technology.
    For the reasons detailed in the NPRM, EPA proposed finding that 
removal of the CO limits will not hinder or impede attainment or 
maintenance of the CO NAAQS in the District of Columbia as required by 
section 110(l) of the CAA.

E. Conclusion

    In the NPRM, EPA proposed finding that the District of Columbia's 
2008 NOX RACT Submission was reasonable and demonstrated 
that the District had 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 NOX in 
the District in accordance with CAA requirements and the 2008 Ozone SIP 
Requirements Rule (80 FR 12264), and the latest available information. 
EPA proposed finding that the District of Columbia's SIP implements 
RACT for purposes of the 2008 ozone NAAQS with respect to all existing 
major stationary sources of NOX.
    EPA also proposed finding that the revisions to previously SIP 
approved RACT requirements would result in equivalent or additional 
reductions in NOX emissions and should not interfere with 
any applicable requirement or reasonable further progress with the 
NAAQS or interfere with other applicable CAA requirements as required 
by section 110(l) of the CAA. EPA received comments which are addressed 
in Section III of this rulemaking action.

III. Response to Comments

    EPA received comments from two anonymous commenters during the 
comment period for the proposed rulemaking action.

[[Page 10297]]

    Comment 1: A commenter stated: ``No! We do not want weakening of 
air control standards, which are detrimental to human health and 
survival of the human race. EPA's job is ENVIRONMENTAL PROTECTION, as 
your name says. Why are you commenting on COSTS TO THE PUBLIC? Your 
name is not ECONOMIC PROTECTION AGENCY. We do not care what your 
organization thinks about SAVING PEOPLE MONEY. Your job is to do what 
is best for our ENVIRONMENT. We are tired of hearing about how you are 
involved in protecting our pocketbooks. I am demanding that you do your 
job, and protect our air, water and land. I am demanding that you stop 
letting our President damage our country. Do your duty to live up to 
the NAME ON YOUR DOOR.''
    Response 1: Portions of this comment are not relevant to EPA's 
rulemaking action regarding the District of Columbia's 2008 
NOX RACT Submission and need not be addressed. The 
Administrative Procedures Act requires that ``that the agency . . . 
respond to `relevant' and `significant' public comments.'' City of 
Portland v. E.P.A., 507 F.3d 706 (D.C. Cir. 2007). While we recognize 
the commenter's concern for environmental protection, it is important 
to note that EPA's approval of the District of Columbia's 2008 
NOX RACT Submission is controlled by statutory and 
regulatory requirements. Among those requirements is the definition of 
RACT that requires an analysis of technical and economic feasibility. 
40 CFR 51.100(o). It is also important to note that the approved 2008 
NOX RACT SIP Revision does not weaken any existing 
environmental standard. By approving this SIP submittal, the required 
pollution controls for NOX from certain sources in the 
District of Columbia will remain the same or become more stringent, and 
consequently, approval of this SIP submittal should not interfere with 
any applicable requirement or reasonable further progress with the 
NAAQS or interfere with other applicable CAA requirements.
    Comment 2: A commenter stated: ``While DC has successfully, through 
its state implementation plan (SIP), achieved marginal attainment of 
Nitrogen Oxides (NOX) under the 2008 8-hour Ozone standard 
in 2019, the issue being raised is that with the implementation of 
Reasonably Available Control Technology (RACT), Washington DC was only 
just now able to achieve a standard of Ozone levels that was set eleven 
years ago. According to the EPA, in November of 2017, 2,646 counties 
across the United States were in attainment of the 70 parts per billion 
ozone level specified in the 2015 NAAQS (Govinfo 2018). This provides 
proof that attainment is achievable through available means and any 
other course of action knowingly puts American citizens health at risk. 
Though the U.S. has made great strides in reducing gasses to blame for 
ground level ozone such as nitrogen oxides, the health effects will 
remain a detriment to American citizens as long as it remains in the 
air. By not holding Washington DC to the 2015 8-hour ozone NAAQS 
standards, the government, in specific, the EPA is allowing at least 75 
parts per billion of ground level ozone to damage the lungs of children 
resulting in aggravated asthma, which leads to a lower attendance in 
schools, and even premature deaths, which occur [more] in infants and 
the elderly (EPA 2018). RACT is available that will allow less Nitrogen 
Oxides to be emitted into the air, resulting in lower levels of ground 
level Ozone. Retrofitting the largest emitters of NOX will 
cost money, but the result would be clearer skies and healthier 
citizens who can then contribute to American society and its economy.''
    Response 2: While EPA agrees that the District of Columbia must 
continue to take efforts in attaining and maintaining all ozone NAAQS 
(including the 2015 ozone NAAQS), it is important to note that District 
of Columbia is addressing only requirements related to the 2008 ozone 
NAAQS in this SIP revision, and that EPA has concluded that the 
District is currently meeting all requirements for NOX RACT 
set forth by the CAA under the 2008 ozone NAAQS. As previously 
discussed, the District of Columbia's 2008 NOX RACT 
Submission demonstrated 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 
NOX in the District in accordance with the CAA, the 2008 
Ozone SIP Requirements Rule, and the latest available information.
    Comment 3: A commenter stated: ``Although emissions limits are tied 
to power plant combustion turbines that are no longer in use and 
relevant, that should not end the EPA's push to lower CO emissions. The 
combustion turbines that the CO emission limits in this amendment refer 
to are ones that burn fuel oil at 100mmBTU per hour or more, compared 
to those in use which burn at 50mmBTU (Federal Register 2019). Turbine 
combustion and cogeneration technology has advanced to the point where 
we have reached previous emission limit goals. While this 
accomplishment is promising, halting CO limits because the emission 
output is lower should not be an option. CO emission limits should be 
seriously considered for stationary sources with turbine combustion and 
cogeneration technology that utilizes turbines burning 50mmBTU of oil 
fuel per hour. The emissions may be less than what 100mmBTU turbines 
produce, but the lowest achievable emission rate (LAER) should be 
considered and emission limits implemented once more (EPA 2007). By not 
striving for the lowest available emission rates for both Nitrogen 
Oxides and Carbon Monoxide the EPA is allowing citizens to be exposed 
to an invisible threat that leads to higher rates of asthma, upper 
respiratory infections, cardiovascular diseases, and weighs heavily on 
the economic output of a plethora of Americans The cons far outweigh 
the pros in regards to the two issues presented above, and should be 
amended in a new rendition of Washington DCs State Implementation 
Plan.''
    Response 3: As noted in the comment, there are no longer any 
combustion turbine units over 100 mmBTU per hour heat input in the 
District of Columbia, thus the deletion of CO emissions limits for such 
sources will not result in relaxing an existing emissions limitation 
applicable to any existing emissions unit at a major stationary source. 
As explained in the NPRM, the current CO levels in the Washington-
Arlington-Alexandria, DC-VA-MD area are well below the CO NAAQS 
specified in 40 CFR 50.8. The maximum value recorded at any ambient air 
quality monitor in the Washington-Arlington-Alexandria, DC-VA-MD core 
based statistical area is only 27 percent (2.6 ppm CO) of the 9.5 ppm 
(8-hour average) CO NAAQS and less than 8 percent of the 35 ppm (1-hour 
average) CO NAAQS. It is, however, important to note that although 
there are no longer any units over 100 mmBTU per hour heat input in the 
District of Columbia, the CO NAAQS must continue to be met even with 
the removal of CO limits from section 805. In the event that the 
District of Columbia is found to be no longer attaining the CO NAAQS, a 
process would begin such that the District would implement SIP-approved 
contingency measures outlined in the Carbon Monoxide Maintenance Plan 
for the Metropolitan Washington, DC Area. See 70 FR 16958 (April 4, 
2005).
    Additionally, in the event that any new stationary combustion 
turbine or turbines are located within the District in the future that 
are a major stationary

[[Page 10298]]

source of CO or would constitute a significant net emissions increase 
at an existing major stationary source of CO (or nitrogen dioxide), the 
new major stationary combustion turbine would be required to obtain a 
prevention of significant deterioration (PSD) permit under 40 CFR 52.21 
and 52.499. The PSD permit would require best available control 
technology. EPA finds that removal of the CO limits will not hinder or 
impede attainment or maintenance of the CO NAAQS in the District of 
Columbia.
    In response to the commenter's concern that the area is not 
striving for the lowest available emission rates for nitrogen oxides, 
we note that as a nonattainment area for ozone, the District of 
Columbia is required to follow nonattainment new source review 
requirements for new major stationary sources of NOX or 
volatile organic compounds, which includes a LAER requirement.

IV. Final Action

    EPA is approving the District of Columbia's 2008 RACT Submission on 
the basis that the District of Columbia has met the NOX RACT 
requirements for the 2008 8-hour ozone NAAQS per CAA sections 182(f) 
and 184(b)(2). EPA is also approving source-specific NOX 
RACT determinations for the BPAWTP and the amendments to sections 
199.1, 199.2, 805.1 and 805.4 of 20 DCMR.
    The District of Columbia's SIP revision is based on: (1) 
Certification that for certain categories of sources, previously 
adopted RACT controls in the District of Columbia's SIP that were 
approved by EPA under the 1-hour ozone NAAQS and 1997 ozone NAAQS 
continue to be technically and economically feasible controls, and 
continue to represent RACT for the 2008 ozone NAAQS implementation 
purposes; (2) the adoption of new or more stringent regulations or 
controls into the District of Columbia's SIP that represent presumptive 
RACT control levels for certain categories of sources; (3) source 
specific emissions limits set for flares and an auxiliary boiler 
serving the BPAWTP and (4) the removal of CO emission limits for 
combustion turbines of over 100 mmBTU heat input burning fuel oil. EPA 
is approving the removal, in accordance with section 110 of the CAA, of 
provisions setting carbon monoxide emission limits for a category of 
stationary combustion turbines.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing for certain categories of NOX 
emissions at major stationary sources of NOX emissions to 
incorporate by reference both regulations adopted by the District of 
Columbia and source-specific RACT determinations under the 2008 8-hour 
ozone NAAQS found within a preconstruction permit. The amendments to 
and revision of 20 DCMR Chapters 1 and 8 are specified in Section V.A. 
of this preamble; the source specific information is provided in 
Section V.B. of this preamble.
    EPA has made, and will 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).

A. Amendments to 20 District of Columbia Municipal Regulations (20 
DCMR)

    1. Specifically, EPA is incorporating by reference into 40 CFR 
52.470(c): Amendments to 20 District of Columbia Municipal Regulations, 
Chapter 1, sections 199.1 and 199.2. These amendments include adding 
definitions in section 199.1 for ``Duct burner,'' ``Gaseous fuel,'' 
Heat recovery steam generator,'' ``Liquid fuel,'' ``Natural gas,'' and 
``Stationary combustion turbine,'' and include an amendment to section 
199.2 to define the abbreviation ``ppmvd.''
    2. Amendments to 20 District of Columbia Municipal Regulations, 
Chapter 8, sections 805.1 and 805.4. These amendments would include:
    a. Revising sections 805.1(a) and (a)(1);
    b. Revising section 805.1(a)(1) to remove NOX emissions 
limits for stationary combustion turbines which have an energy input 
capacity of one hundred million (100,000,000) BTU and adding 
NOX emissions limitations for any stationary combustion 
turbine which commenced construction, modification, or reconstruction 
after February 18, 2005 and has a heat input rating greater than fifty 
million (50,000,000) BTU per hour;
    c. Revising Section 805.1(a)(2) to remove CO emissions limits for 
stationary combustion turbines which have an energy input capacity of 
one hundred million (100,000,000) BTU per hour and adding 
NOX emissions limitations for any stationary combustion 
turbine which commenced construction, modification, or reconstruction 
on or before February 18, 2005 and has a heat input rating greater than 
fifty million (50,000,000) BTU per hour;
    d. Adding a new section 805.1(a)(3) to set NOX emission 
limitations for any stationary combustion turbines with a heat input 
rating less than or equal to fifty million (50,000,000) BTU per hour;
    e. Adding a new section 805.1(a)(4) to set NOX emission 
limitations for certain stationary combustion turbines with a heat 
input rating less than or equal to ten million (10,000,000) BTU per 
hour;
    f. Adding new sections 805.1(a)(5) through (7) to add new 
restrictions on stationary combustion turbines;
    g. Amending section 805.4(b) to replace requirements for stationary 
combustion turbines with an energy input capacity of one hundred 
million (100,000,000) BTU per hour or greater which is operated for 
less than five hundred (500) hours per year with testing and continuous 
monitoring requirements for any person required to comply with section 
805.4.
    These regulatory changes to sections 199 and 805 were adopted on 
November 27, 2018 and effective on the date of publication, December 
14, 2018, in the District of Columbia Register (Vol. 65, Number 51, 
page 013499, December 14, 2018).

B. Source Specific Provisions for the BPAWTP

    Specifically, EPA is incorporating by reference into 40 CFR 
52.470(d) certain portions of Permit (No. 6372-C2/O) to Construct and 
Operate New Biosolids Handling Facilities issued to District of 
Columbia Water and Sewer Authority as redacted by the District of 
Columbia:
    1. The first paragraph citing the pertinent permitting regulations 
and listing (redacted) the following significant components: One (1) 
Auxiliary Boiler (AB) rated at 62.52 mmBTU per hour (HHV) heat input, 
firing DG, One (1) Siloxane Destruction Flare (SF) rated at 6.14 MMBTU 
per hour heal input, firing DG; and Two (2) Emergency Flares rated at 
126 mmBTU per hour heat input each, firing DG.
    2. The NOX emissions limits listed in the table found in 
permit condition ``j.'' for the Auxiliary Boiler (AB), Siloxane 
Destruction Flare (SF) and Two (2) Emergency Flares. The hourly 
NOX emission limits for the Auxiliary Boiler (AB), Siloxane 
Destruction Flare (SF) and Two (2) Emergency Flares listed in Table 2 
(as redacted) found under Condition III.
    3. Conditions III.b.1.A.; III.b.3. A. and B.; III.b.3. C.i., iii 
and iv.; III.b.3.D.; III.b.3.E. except that relating to carbon 
monoxide/CO; III.b.3.F. except ``and CO''; III.b.3.G, iv. and v. except 
the provision ``Failure to demonstrate

[[Page 10299]]

compliance through the testing may result in enforcement action.''; 
III.b.4.A.; III.b.4.B. iv. and v.; III.b.5. as redacted to strike ``in 
addition to complying with Condition II(f)''; III.d., III.d.1.A; 
III.d.2.D; III.d.3.A. only the portion ``Within 60 days of initial 
startup and once every five years thereafter, the Permittee shall 
conduct a Department- approved compliance source test at multiple loads 
of EF-l, EF-2, and SF in accordance with 40 CFR 60.8 or a similar 
protocol acceptable to the Department, to demonstrate compliance with 
the emissions limitations contained in Condition III(d)(1) of this 
permit;'' III.d.3.B as redacted to exclude ``though additional testing 
may be required at other times pursuant to Condition II(d)(2)''; 
III.d.3.C. (i), (iii) and (iv); III.d.3.D.; III.d.3.H.(iv); 
III.d.3.H.(v) except ``Failure to demonstrate compliance through the 
test may result in enforcement action.''; III.d.4.A. except ``including 
records of visual inspections,''; III.d.4.B. (ii) except ``and CO''; 
III.d.4.B. (iv); and, III.d.5.A. as redacted to exclude ``in addition 
to complying with Condition II(f).''
    4. This permit was issued April 20, 2018.

VI. 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 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 April 24, 2020. 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, regarding the NOX RACT SIP for the 
District of Columbia under the 2008 ozone NAAQS, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements.

    Dated: January 21, 2020.
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 by:
0
 a. In paragraph (c) table, revising the entries ``Section 199'' and 
``Section 805''; and
0
b. In paragraph (d), adding an entry for ``Blue Plains Advanced 
Wastewater Treatment'' at the end of the table.
    The revisions and addition read as follows:


Sec.  52.470  Identification of plan.

* * * * *
    (c)* * *

[[Page 10300]]



                      EPA-Approved Regulations and Statutes in the District of Columbia SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation              Title/subject      effective    EPA approval date    Additional explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
----------------------------------------------------------------------------------------------------------------
                                                Chapter 1 General
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 199.....................  Definitions and         12/14/18  2/24/20 [Insert      Revised Sections 199.1
                                   Abbreviations.                    Federal Register     and 199.2. Added six
                                                                     citation].           definitions to Section
                                                                                          199.1 and an
                                                                                          abbreviation for
                                                                                          ``ppmvd'' to read
                                                                                          ``(Parts Per Million
                                                                                          by Volume Dry Basis)''
                                                                                          to Section 199.2.
                                                                                         Prior Approval was 5/1/
                                                                                          17.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Chapter 8 Asbestos, Sulfur and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 805.....................  Reasonably              12/14/18  2/24/20 [Insert      Revised paragraphs
                                   Available Control                 Federal Register     805.1(a), 805.1(a)(1),
                                   Technology for                    citation].           805.1(a)(2) and
                                   Major Stationary                                       805.4(b).
                                   Sources of Oxides                                     Added paragraphs
                                   of Nitrogen.                                           805.1(a)(3) through
                                                                                          (7).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (d) * * *

                         EPA-Approved District of Columbia Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source                Permit No.       effective    EPA approval date    Additional explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Blue Plains Advanced Wastewater   No. 6372-C2/O......     04/20/18  2/24/20 [Insert      See Sec.   52.479(a)
 Treatment Plant.                                                    Federal Register     for further
                                                                     citation].           explanation.
----------------------------------------------------------------------------------------------------------------

* * * * *


0
3. Add Sec.  52.479 to read as follows:


Sec.  52.479  Source-specific requirements.

    (a) Approval of source-specific requirements for the Blue Plains 
Advanced Wastewater Treatment Plant includes EPA incorporating by 
reference into Sec.  52.470(d) certain redacted portions of Permit No. 
6372-C2/0 approved by the District of Columbia on April 20, 2018 to 
Construct and Operate New Biosolids Handling Facilities issued to the 
District of Columbia Water and Sewer Authority and as approved on March 
25, 2020.
    (1) Specifically, EPA is incorporating by reference into Sec.  
52.470(d) certain portions of Permit No. 6372-C2/O to Construct and 
Operate New Biosolids Handling Facilities issued to District of 
Columbia Water and Sewer Authority as redacted by the District of 
Columbia:
    (i) The first paragraph citing the pertinent permitting regulations 
and listing (redacted) the following significant components: One (1) 
Auxiliary Boiler (AB) rated at 62.52 mmBTU per hour (HHV) heat input, 
firing DG, One (1) Siloxane Destruction Flare (SF) rated at 6.14 MMBTU 
per hour heal input, firing DG; and Two (2) Emergency Flares rated at 
126 mmBTU per hour heat input each, firing DG.
    (ii) The NOX emissions limits listed in the table found 
in permit condition ``j.'' for the Auxiliary Boiler (AB), Siloxane 
Destruction Flare (SF) and Two (2) Emergency Flares. The hourly 
NOX emission limits for the Auxiliary Boiler (AB), Siloxane 
Destruction Flare (SF) and Two (2) Emergency Flares listed in Table 2 
(as redacted) found under Condition III.
    (iii) Conditions III.b.1.A.; III.b.3. A. and B.; III.b.3. C.i., iii 
and iv.; III.b.3.D.; III.b.3.E. except that relating to carbon 
monoxide/CO; III.b.3.F. except ``and CO''; III.b.3.G, iv. and v. except 
the provision ``Failure to demonstrate compliance through the testing 
may result in enforcement action.''; III.b.4.A.; III.b.4.B. iv. and v.; 
III.b.5. as redacted to strike ``in addition to complying with 
Condition II(f)''; III.d., III.d.1.A; III.d.2.D; III.d.3.A. only the 
portion ``Within 60 days of initial startup and once every five years 
thereafter, the Permittee shall conduct a Department- approved 
compliance source test at multiple loads of EF-l, EF-2, and SF in 
accordance with 40 CFR 60.8 or a similar protocol acceptable to the 
Department, to demonstrate compliance with the emissions limitations 
contained in Condition III(d)(1) of this permit;'' III.d.3.B as 
redacted to exclude ``though additional testing may be required at 
other times pursuant to Condition II(d)(2)''; III.d.3.C. (i), (iii) and 
(iv); III.d.3.D.; III.d.3.H.(iv); III.d.3.H.(v)

[[Page 10301]]

except ``Failure to demonstrate compliance through the test may result 
in enforcement action.''; III.d.4.A. except ``including records of 
visual inspections,''; III.d.4.B. (ii) except ``and CO''; III.d.4.B. 
(iv); and, III.d.5.A. as redacted to exclude ``in addition to complying 
with Condition II(f)''.
    (2) This permit was issued April 20, 2018.
    (b) [Reserved]

[FR Doc. 2020-02006 Filed 2-21-20; 8:45 am]
BILLING CODE 6560-50-P


