[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Rules and Regulations]
[Pages 21453-21455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10706]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[DC23-1-6790a; FRL-5181-2]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; GSA Central and West Heating Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State implementation plan (SIP) revision 
submitted by the District of Columbia. This revision will limit air 
pollution from two steam-generating facilities located in the District 
of Columbia. The intended effect of this action is to approve a permit-
to-operate issued by the District of Columbia to General Services 
Administration for its Central and West Heating Plants. This action is 
being taken under section 110 of the Clean Air Act.

DATES: This final rule is effective July 3, 1995, unless notice is 
received on or before June 1, 1995, that adverse or critical comments 
will be submitted. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate 
Director, Air Programs (3AT00), U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the Air, Radiation, 
and Toxics Division, U.S. Environmental Protection Agency, Region III, 
841 Chestnut Building, Philadelphia, Pennsylvania 19107; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460; and District of 
Columbia Department of Consumer and Regulatory Affairs, 2100 Martin 
Luther King Ave, S.E., Washington, DC 20020.

FOR FURTHER INFORMATION CONTACT: David J. Campbell, Technical 
Assessment Section (3AT22), U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107, 
phone: (215) 597-9781.

SUPPLEMENTARY INFORMATION: On October 24, 1994, the District of 
[[Page 21454]] Columbia submitted a request that EPA approve a revision 
to the District of Columbia SIP. The revision consists of a September 
8, 1994 operating permit issued by the District of Columbia to GSA for 
its Central and West Heating Plants. The permit establishes general 
operating procedures at GSA's Central Heating Plant (CHP) and West 
Heating Plant (WHP), including the exclusive combustion of natural gas 
(with the provision for the combustion of low-sulfur oil in the event 
of a natural gas service interruption).
    The permit also defines annual and short-term emission limitations 
for SO<INF>2, particulate matter (PM-10), nitrogen oxides (NO<INF>X), 
volatile organic compounds (VOCs), and carbon monoxide (CO) for both of 
the plants. Since this permit establishes more stringent emission 
limitations than the existing SIP or applicable new source performance 
standards (NSPS), the ambient air quality with respect to each of the 
criteria pollutants mentioned above shall be significantly improved.
    The permit-to-operate issued to GSA promotes continued maintenance 
of the national ambient air quality standards (NAAQS) for SO<INF>2, PM-
10, and NO<INF>X in the areas surrounding the CHP and WHP. The District 
of Columbia is currently designated as nonattainment for the NAAQS for 
CO. Although the emissions limits established in the permit for CO will 
not affect the attainment status of the District, they do provide for 
CO emissions reductions at these two facilities which were previously 
uncontrolled for CO. The permit also regulates particulate matter and 
VOC emissions.
    In order to achieve these emission reductions, GSA is restricted by 
its September 8, 1994 operating permit to the combustion of natural 
gas. The District restricted the fuel capabilities at the two 
facilities primarily to minimize SO<INF>2 emissions from the Plants. 
Modeling analyses performed in 1990 as part the permitting process for 
GSA's proposed refurbishment of various boilers at CHP and WHP 
indicated that elevated ambient concentrations of SO<INF>2 were 
predicted for the areas immediately surrounding the two facilities when 
the Plants burned coal under typical winter day conditions.
    Along with the restrictions on fuel usage, the permit limits the 
hourly and annual emissions of various pollutants from the facilities. 
The permit drastically reduces SO<INF>2 emissions from the plant to the 
point where such emissions present negligible potential for impact on 
the surrounding areas. For instance, the average annual SO<INF>2 
emissions from CHP and WHP were 523 and 626 tons per year, 
respectively, during the period of 1980 to 1990, inclusive. The current 
permit-to-operate restricts annual SO<INF>2 emissions to 4 tons per 
year at CHP and 5 tons per year at WHP. This is an average overall 
reduction of 1140 tons per year of SO<INF>2 emissions in the vicinity 
of the two facilities. Annual emissions of PM-10, NO<INF>X, CO, and 
VOCs from the two plants are restricted to a degree that further limits 
the potential for violation of the relevant annual NAAQS in the 
vicinity of these facilities.
    The operating permit is also protective of the short-term NAAQS. 
For each of the pollutants discussed above, hourly emission limitations 
are established in the permit. These hourly emission limits are, in 
every instance, as stringent or more restrictive than the applicable 
limits in the District's existing SIP or new source performance 
standards (NSPS) limits.
    As mentioned above, the operating permit requires the combustion of 
natural gas at all times at GSA's CHP and WHP. However, there is a 
provision for the use of No. 2 ``on-road diesel'' with a maximum sulfur 
content of five hundredths weight percent (0.05%<INF>wt) during periods 
of service interruptions by the supplier. It should be noted that GSA 
must comply with its annual and short-term emission rates regardless of 
the fuel it uses. In the event of a service interruption, the permit 
contains explicit instructions for the notification of the District of 
this event and recordation of pertinent information.
    The permit also requires GSA to report an extensive amount of 
information to ensure continuous compliance with the annual and short-
term emission limits. The principal means for compliance determination 
is the use of continuous emissions monitoring data collected at the 
facilities. The District relies primarily on the procedures established 
in 40 CFR part 60 for monitor operation and data quality assurance. 
Daily emissions reports that provide hourly emission rates for 
SO<INF>2, NO<INF>X, VOCs, and CO are to be prepared by GSA. GSA must 
also submit a quarterly report documenting the hourly status of each 
boiler at CHP and WHP including; hours of service, types and quantities 
of fuel combusted, fuel composition and heat content, service 
interruptions, and total tons of SO<INF>2, NO<INF>X, PM-10, VOCs, and 
CO emitted on a monthly basis and as part of a rolling, 12-month annual 
average. A monthly report is to be prepared demonstrating GSA's 
maintenance of the NAAQS for SO<INF>2 in the vicinity of the two 
facilities. Sulfur-in-fuel reports are due each month detailing 
specific information about the fuel oil, if any, that was burned during 
the month. The level of reporting detailed above provides adequate 
assurances that the compliance status of GSA can be quickly and 
accurately tracked at all times.

EPA Evaluation

    EPA has evaluated the District of Columbia's SIP revision request 
and concluded the following: (1) The operational and emission 
limitations imposed on GSA's Central and West Heating Plants adequately 
promote continued maintenance of the NAAQS; (2) the operational and 
emission limitations are clearly enforceable; and (3) the applicable 
requirements of CFR part 51 have been met. A more detailed evaluation 
is provided in the Technical Support Document for this action which is 
available upon request from the EPA Region III office listed in the 
ADDRESSES section of this document.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective July 3, 1995, unless, by June 1, 1995, adverse or critical 
comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent notice that will withdraw 
the final action. All public comments received will then be addressed 
in a subsequent final rule based on this action serving as a proposed 
rule. EPA will not institute a second comment period on this action. 
Any parties interested in commenting on this action should do so at 
this time. If no such comments are received, the public is advised that 
this action will be effective on July 3, 1995.

Final Action

    EPA is approving the District of Columbia's October 24, 1994 
submittal consisting of a permit-to-operate for GSA's Central and West 
Heating Plants as a revision to the District of Columbia SIP.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
[[Page 21455]] relation to relevant statutory and regulatory 
requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The OMB has exempted this 
regulatory action from E.O. 12866 review.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 3, 1995. Filing a 
petition for reconsideration by the Administrator of this final rule to 
approve the permit-to-operate issued to GSA for its Central and West 
Heating Plants as a revision to the District of Columbia SIP does not 
affect the finality of this rule 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 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, Nitrogen dioxide, Particulate matter, 
Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: March 21, 1995.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart J--District of Columbia

    2. Section 52.470 is amended by adding paragraph (c)(33) to read as 
follows:


Sec. 52.470  Identification of plan.

* * * * *
    (c) * * *
    (33) Permit-to-operate issued by the District of Columbia to 
General Services Administration for its Central and West Heating Plants 
submitted on October 24, 1994 by the Environmental Regulation 
Administration:
    (i) Incorporation by reference.
    (A) Letter of October 24, 1994 from the Environmental Regulation 
Administration transmitting a permit-to-operate issued by the District 
of Columbia to GSA for its Central and West Heating Plants.
    (B) September 8, 1994 permit-to-operate issued by the District of 
Columbia to GSA for its Central and West Heating Plants requiring the 
combustion of natural gas and establishing annual and short-term 
emission limits for SO<INF>2, NO<INF>X, PM-10, VOCs, and CO. The permit 
was effective upon its issuance.
    (ii) Additional material.
    (A) Remainder of the District of Columbia's October 24, 1994 
submittal.

[FR Doc. 95-10706 Filed 5-1-95; 8:45 am]
BILLING CODE 6560-50-P