[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
[email protected].
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