12778 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Lewis, (215) 814–2037, or by 

e-mail at lewis.jacqueline@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: February 24, 2009. 

William T. Wisniewski, 

Acting Regional Administrator,Region III. 

[FR Doc. E9–6662 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0595; FRL–8780–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Reasonably Available 

Control Technology Under the 8-Hour 

Ozone National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the District of 

Columbia. This SIP revision consists of 

a demonstration that the District of 

Columbia meets the requirements of 

reasonably available control technology 

(RACT) for nitrogen oxides (NOX) and 

volatile organic compounds (VOCs) set 

forth by the Clean Air Act (CAA). This 

SIP revision demonstrates that all 

requirements for RACT are met either 

through: certification that previously 

adopted RACT controls in the District of 

Columbia’s SIP that were approved by 

EPA under the 1-hour ozone National 

Ambient Air Quality Standard (NAAQS) 

are based on the currently available 

technically and economically feasible 

controls, and that they continue to 

represent RACT for the 8-hour 

implementation purposes; and a 

negative declaration demonstrating that 

no facilities exist in the District of 

Columbia for the applicable control 

technology guideline (CTG) categories. 

This action is being taken under the 

CAA. 

DATES: Written comments must be 

received on or before April 24, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2008–0595 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2008–0595, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2008– 

0595. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the District of Columbia 

Department of the Environment, 51 N 

Street, NE., 6th Floor, Washington, DC 

20002. 

FOR FURTHER INFORMATION CONTACT: 

Patrick J. Egan, (215) 814–3167, or by email at egan.patrick@epa.gov. 

SUPPLEMENTARY INFORMATION: 


PWALKER on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12779 

I. Background 

Ozone is formed in the atmosphere by 

photochemical reactions between VOC, 

NOX, and carbon monoxide (CO) in the 

presence of sunlight. In order to reduce 

ozone concentrations in the ambient air, 

the CAA requires all nonattainment 

areas to apply controls on VOC/NOX

emission sources to achieve emission 

reductions. 

Since the 1970’s, EPA has 

consistently interpreted RACT to mean 

the lowest emission limit that a 

particular source is capable of meeting 

by the application of the control 

technology that is reasonably available 

considering technological and economic 

feasibility. See, e.g., 72 FR 20586 at 

20610 (April 25, 2007). Section 182 of 

the CAA sets forth two separate RACT 

requirements for ozone nonattainment 

areas. The first requirement, contained 

in section 182(a)(2)(A) of the CAA, and 

referred to as RACT fix-up, requires the 

correction of RACT rules for which EPA 

identified deficiencies before the CAA 

was amended in 1990. On August 4, 

1992 (57 FR 34250), EPA published a 

final rulemaking notice approving the 

District of Columbia’s SIP revision in 

order to correct the District’s VOC RACT 

regulations and establish and require 

the implementation of revised SIP 

regulations to control VOCs. 

The second requirement, set forth in 

section 182(b)(2) of the CAA, applies to 

moderate (or worse) ozone 

nonattainment areas and attainment 

areas in the ozone transport region 

(OTR) established pursuant to section 

184 of the CAA. These areas are 

required to implement RACT controls 

on all major VOC and NOX emission 

sources and on all sources and source 

categories covered by a CTG issued by 

EPA. On October 27, 1999 (64 FR 

57777), EPA published a final 

rulemaking notice approving the District 

of Columbia’s SIP revision as meeting 

the CTG RACT provisions of the CAA. 

Further details of The District of 

Columbia’s RACT requirements can be 

found in a Technical Support Document 

(TSD) prepared for this rulemaking. 

The Washington 1-hour Area had 

certain RACT requirements under 

section 182 for VOC and NOX. Section 

182(b)(2) of the CAA required the 

District of Columbia to implement 

RACT on all sources and source 

categories covered by a CTG issued by 

EPA. Point sources with the potential to 

emit 50 tons per year or more of VOCs 

or 100 tons per year or more of NOX that 

were not covered by a CTG were also 

required to implement RACT. As a 

result of failure to meet the attainment 

date of November 15, 1999, the 

Metropolitan Washington area was 

reclassified from serious to severe 

nonattainment area for the 1-hour 

standard (68 FR 3410, January 24, 2003). 

As a result of the reclassification, the 

District of Columbia was required to 

perform RACT evaluations on point 

sources with the potential to emit 25 

tons per year for either VOC or NOX (69 

FR 77647, December 28, 2004). 

Under the 1-hour ozone NAAQS, the 

District of Columbia was originally 

classified as part of the Metropolitan 

Washington serious 1-hour ozone 

nonattainment area (Washington 1-hour 

Area) (56 FR 56694 at 56844, November 

6, 1991). The Washington 1-hour Area is 

also part of the OTR. The OTR is 

established by section 184 of the CAA. 

Areas in the OTR are subject to OTRspecific RACT requirements. Section 

184(b)(1)(B) of the CAA, requires the 

implementation of RACT with respect to 

all sources of VOC covered by a CTG. 

Additionally, section 184(b)(2) of the 

CAA, requires the implementation of 

major stationary source requirements as 

if the area were a moderate 

nonattainment area on any stationary 

source with a potential to emit of at 

least 50 tons per year of VOC or 100 

tons per year of NOX. However, the 

Washington 1-hour Area satisfies the 

section 184 RACT requirements because 

section 182 requirements are more 

stringent as a result of reclassification to 

a severe nonattainment area for the 1- 

hour standard; therefore, no additional 

measures for the implementation of 

RACT are applicable (68 FR at 3425, 

January 24, 2003). 

Under the 8-hour ozone NAAQS, the 

Washington 1-hr Area, with the 

exception of Stafford County, Virginia 

was designated and classified as a 

moderate nonattainment area, and is 

therefore subject to the CAA RACT 

requirements in section 182(b) (69 FR 

23858, April 30, 2004). The District of 

Columbia is required to submit to EPA 

a SIP revision that demonstrates how 

the District meets the RACT 

requirements under the 8-hour ozone 

standard. 

EPA requires under the 8-hour ozone 

NAAQS that states meet the CAA RACT 

requirements, either through a 

certification that previously adopted 

RACT controls in their SIP approved by 

EPA under the 1-hour ozone NAAQS 

represent adequate RACT control levels 

for 8-hour attainment purposes, or 

through the establishment of new or 

more stringent requirements that 

represent RACT control levels. See, 

Final Rule To Implement the 8–Hour 

Ozone National Ambient Air Quality 

Standard—Phase 2; Final Rule To 

Implement Certain Aspects of the 1990 

Amendments Relating to New Source 

Review and Prevention of Significant 

Deterioration as They Apply in Carbon 

Monoxide, Particulate Matter and 

Ozone NAAQS; Final Rule for 

Reformulated Gasoline (Phase 2 Rule) 

70 FR 71612, 71655, November 29, 

2005. Sections 172(c)(1) and 182(b)(2) of 

the CAA require that all SIPs satisfy the 

NOX and VOCs RACT requirements that 

apply in areas that have not attained the 

NAAQS for ozone. See 42 U.S.C. 

7502(c)(1), 42 U.S.C. 7511a(b)(2), and 42 

U.S.C. 7511a(f). EPA has determined 

that States that have RACT provisions 

approved in their SIPs for 1-hour ozone 

nonattainment areas have several 

options for fulfilling the RACT 

requirements for the 8-hour ozone 

NAAQS. If a State meets certain 

conditions, it may certify that 

previously adopted 1-hour ozone RACT 

controls in the SIP continue to represent 

RACT control levels for purposes of 

fulfilling 8-hour ozone RACT 

requirements. Alternatively, a State may 

establish new or more stringent 

requirements that represent RACT 

control levels, either in lieu of or in 

conjunction with a certification. 

As set forth in the preamble to the 

Phase 2 Rule, a certification must be 

accompanied by appropriate supporting 

information such as consideration of 

information received during the public 

comment period and consideration of 

new data (70 FR at 71655). This 

information may supplement existing 

RACT guidance documents that were 

developed for the 1-hour standard, such 

that the State’s SIP accurately reflects 

RACT for the 8-hour ozone standard 

based on the current availability of 

technically and economically feasible 

controls. Establishment of new RACT 

requirements will occur when states 

have new stationary sources not covered 

by existing RACT regulations, or when 

new data or technical information 

indicates that a previously adopted 

RACT measure does not represent a 

newly available RACT control level. 

Another 8-hour ozone NAAQS 

requirement for RACT is to submit a 

negative declaration if there are no CTG 

sources or major sources of VOC and 

NOX emissions in lieu of or in addition 

to a certification. 

II. Summary of SIP Revision 

On September 22, 2008, the District of 

Columbia Department of Environment 

(DDOE) submitted a revision to its SIP 

that addresses the requirements of 

RACT under the 8-hour ozone NAAQS 

set forth by the CAA. The District of 

Columbia’s SIP revision is consistent 

with the process in the Phase 2 Rule 

preamble, and satisfies the requirements 


PWALKER on PROD1PC71 with PROPOSALS
12780 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 

of RACT set forth by the CAA under the 

8-hour ozone NAAQS. The District of 

Columbia’s SIP revision satisfies the 8- 

hour RACT requirements through a 

certification that previously adopted 

RACT controls in the District of 

Columbia’s SIP that were approved by 

EPA under the 1-hour ozone NAAQS 

are based on the currently available 

technically and economically feasible 

controls, and continues to represent 

RACT for the 8-hour implementation 

purposes and a negative declaration that 

no CTG or non-CTG facilities exist in 

the District of Columbia. 

A. VOC CTG RACT Controls 

The District of Columbia’s 

Regulations and Statues, under Title 20 

District of Columbia Municipal 

Regulations (DCMR) Chapter 7, contain 

the District of Columbia’s CTG VOC 

RACT controls that were implemented 

and approved in the District SIP under 

the 1-hour ozone NAAQS. Although 

Alternate Control Techniques (ACTs) 

are not regulatory documents and have 

no legal effect on state regulations, EPA 

requires that states verify that ACTs 

have been considered in the RACT 

program development process. 

Therefore, DDOE included ACTs in 

their certification of applicable RACT 

requirements in the submittal. Table 1 

lists District of Columbia’s VOC RACT 

controls, which the District of Columbia 

is certifying as meeting the 8-hour 

RACT requirements. 

TABLE 1—DISTRICT OF COLUMBIA’S CTG AND ACT VOC RACT CONTROLS

DCMR Title 20 section 

Existing stationary sources—40 CFR 52.2420(c) 

Title of regulation State effective date 

Federal Register 

date for SIP 

approval 

Citation 

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

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

708 and 742–748 .............. Solvent Cleaning Degreasing ....................................... 3/15/85 10/27/99 & 

12/29/2004 

64 FR 57777 

& 

69 FR 77906 

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

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

709.1 ................................. Cutback Asphalt ........................................................... 3/15/85 10/27/99 64 FR 57777 

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

710, Appendix 7–1 ............ Engraving and Plate Printing ........................................ 3/15/85 10/27/99 64 FR 57777 

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

DDOE also submitted a negative 

declaration certifying that the following 

VOC CTG sources do not exist in the 

District of Columbia and therefore there 

is no need for the District of Columbia 

to adopt CTGs for these sources. Table 

2 lists VOC CTG sources in the District 

of Columbia’s negative declaration. 

TABLE 2—VOC CTG SOURCES FOR WHICH NO APPLICABLE FACILITIES EXIST IN THE DISTRICT OF COLUMBIA

Automobile and light-duty truck manufacturing. 

Coating of cans, coils, paper, fabric and vinyl, metal furniture, large appliances, magnet wire, miscellaneous metal parts and products and 

flatwood paneling. 

Storage of petroleum liquids in fixed-roof tanks. 

Bulk gasoline plants. 

Petroleum refinery sources. 

Manufacture of synthesized pharmaceutical products, pneumatic rubber tires, vegetable oil, synthetic organic chemicals (fugitive VOCs and air 

oxidation) and high density polyethylene, polypropylene and polystyrene resins. 

Graphic arts systems. 

Storage, transportation and marketing of VOCs (fugitive VOCs from oil and gas production and natural gas and gasoline processing). 

Aerospace. 

Shipbuilding and repair. 

Distillation or reactor or batch processes in the synthetic organic chemical manufacturing industry. 

Wood furniture coatings. 

Storage of petroleum liquids in external floating-roof tanks. 

Bulk gasoline terminals. 

Petroleum refinery equipment leaks. 

B. NOX RACT Controls 

The District of Columbia’s 

Regulations and Statutes under Title 20 

DCMR Chapter 8, Section 805 contains 

the District of Columbia’s NOX RACT 

controls that were implemented and 

approved into the District’s SIP under 

the 1-hour ozone SIP. Table 3 lists the 

District of Columbia’s NOX RACT 

controls. 


PWALKER on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12781 

TABLE 3—DISTRICT OF COLUMBIA’S NOX RACT CONTROLS

DCMR Title 20 section Title of regulation State effective date 

Federal Register 

date for SIP 

approval 

Citation 

805.1, 805.5 ................... Fuel-burning equipment with an input capacity of 100 MM Btu/ 

hr or greater.

4/16/04 12/28/04 69 FR 

77645 

805.5, 805.8 ................... Fuel-burning equipment with an input capacity equal to or 

greater than 20MM/Btu/hr, but less than 50 MM Btu/hr.

4/16/04 12/28/04 69 FR 

77645 

805.1, 805.5 ................... Fuel-burning equipment with an input capacity equal to or 

greater than 50 MM/Btu/hr, but less than 100 MM Btu.

4/16/04 12/28/04 69 FR 

77645 

805.4 .............................. Combustion turbine with an input capacity equal to or greater 

than 100 MM.

4/16/04 12/28/04 69 FR 

77645 

805.1, 709.1 ................... Asphalt concrete plant with a potential to emit (PTE) 25 tons 

per year or greater.

4/16/04 12/28/04 69 FR 

77645 

805.1 .............................. All other fuel burning equipment with a PTE 25 tons per year 

of NOX or greater.

4/16/04 12/28/04 69 FR 

77645 

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

77645 

The District of Columbia has adopted 

the NOX SIP Call trading program. The 

PEPCO-Benning Road Generating 

Station and GSA facilities in the District 

of Columbia subject to the NOX SIP Call 

may be recertified as meeting NOX

RACT requirements based on the Phase 

2 Rule and source-specific RACT 

controls, as well as their compliance 

with the NOX Budget Trading Program. 

See Phase 2 Rule, 70 FR 71617, 71652, 

November 29, 2005. 

The District of Columbia SIP revision 

certifies that no new or revised NOX and 

VOC requirements have been adopted 

since the applicability threshold of 25 

tons per year for major sources represent 

current RACT control level under the 8- 

hour ozone NAAQS. 

III. Proposed Action 

EPA is proposing to approve the 

District of Columbia SIP revision that 

addresses the requirements of RACT 

under the 8-hour ozone NAAQS. The 

District of Columbia’s SIP revision was 

submitted on September 22, 2008. This 

SIP revision is based on a certification 

that previously adopted RACT controls 

in the District of Columbia’s SIP that 

were approved by EPA under the 1-hour 

ozone NAAQS are based on the 

currently available technically and 

economically feasible controls, and that 

they continue to represent RACT for the 

8-hour implementation purposes, and a 

negative declaration demonstrating that 

no facilities exist in the District of 

Columbia for the applicable CTG 

categories. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely proposes to approve state 

law as meeting Federal requirements 

and does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this proposed 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (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, 

pertaining to the District of Columbia 

RACT under the 8-hour ozone NAAQS, 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the state, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: February 24, 2009. 

William T. Wisniewski, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–6593 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 


PWALKER on PROD1PC71 with PROPOSALS