# Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Stage II Gasoline Vapor Recovery and RACT Requirements for Major Sources of VOC

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-26849

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** October 27, 1999
- **Citation:** 64 FR 57777

## Text

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC-2012a; FRL-6457-1]

Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Stage II Gasoline Vapor Recovery and RACT
Requirements for Major Sources of VOC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on revisions to the District
of Columbia State Implementation Plan (SIP). These revisions amend the
requirements for all major volatile organic compounds (VOC) sources to
implement reasonably available control technology (RACT) in the
District of Columbia. These revisions also revise Stage II gasoline
vapor recovery requirements. The intended effect of this action is to
approve the revisions to the District's VOC regulations because they
strengthen the SIP. This action is being taken in accordance with the
requirements of the Clean Air Act.

DATES: This rule is effective on December 13, 1999 without further
notice, unless EPA receives adverse comment by November 26, 1999. If
EPA receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief,
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103 and the District of
Columbia Department of Public Health, Air Quality Division, 51 N
Street, N.E., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Cristina Fernandez, (215) 814-2178, or
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of the SIP Revisions

On June 21, 1985, the Mayor of the District of Columbia submitted a
formal revision of the District of Columbia SIP. This 1985 submittal
consisted of D.C. Law 5-165, ``The District of Columbia Air Pollution
Control Act of 1984''. This law covered a variety of air pollution
control programs including RACT requirements for major sources of VOC
and Stage II gasoline vapor recovery requirements.
On October 22, 1993, the District of Columbia submitted a revision
to its SIP for VOC RACT to comply with the RACT fix-up and catch-up
requirements of the Clean Air Act (the Act). This 1993 submittal
consisted of D.C. Law 10-24, ``Air Pollution Control Act of 1984
National Ambient Air Quality Standards Attainment Amendment Act of
1993''. The revision consists of new regulations which require sources
that emit or have the potential to emit 50 tons per year (tpy) or more
of VOC in the District ozone nonattainment area to comply with the RACT
requirements, as well as amendments to Title 20 District of Columbia
Municipal Regulations (DCMR) Chapter 7--Volatile Organic Compounds.
On April 8, 1993, the District of Columbia Department of Consumer
and Regulatory Affairs (DCRA), Environmental Regulation Administration
submitted a negative declaration for 25 source categories of VOC
covered by control technique guideline documents (CTG) issued prior to
November 15, 1990. A negative declaration is a certification that no
sources exist in the District for specified source categories.
On September 4, 1997, the District of Columbia submitted a
supplement to its October 22, 1993, VOC RACT SIP revision. This
supplement included a negative declaration for additional categories of
VOC sources covered by CTGs prior to November 15, 1990 and non-CTG
major sources, to certify that no such sources are located in the
District.
On December 16, 1998, the District of Columbia Department of Health
submitted a revision to its SIP regarding RACT for solvent cleaning
(degreasing) activities and offset lithography printing operations.
Amendments to Appendix 5-1, Test Methods for Sources of Volatile
Organic Compounds and to the definitions and abbreviations were also
included in this submittal.
Portions of the June 21, 1985 and October 22, 1993 submittal have
already been approved into the District's SIP. These include most of
the definitions in Section 199 of Title 20 of the DCMR, the monitoring,
reporting and record keeping requirements in Sections 500, 501, and 502
applicable to the VOC sources covered under Chapter 7--Volatile Organic
Compounds, and Section 710--Engraving and Plate Printing. The
deficiencies previously

[[Page 57778]]

identified by EPA in the District's VOC RACT regulations have either
been rendered moot by the submittal of a negative declaration or
corrected by the District of Columbia in its October 22, 1993
submittal.
For Section 701--Storage of Petroleum Products, Section 702--
Control of VOC Leaks from Petroleum Refinery Sources and Section 709--
Cutback Asphalt of Title 20 of the DCMR, Chapter 7--Volatile Organic
Compounds, the District decided to take no action on the deficiencies
identified by EPA because the District has determined that there are no
sources located in the District subject to these regulations. A
negative declaration has been submitted by the District of Columbia
that covers these sources categories. If new major sources in these
source categories were to locate in the District, they would be subject
to the SIP's more stringent provisions for New Source Review (NSR).
Chapter 5--Source Monitoring and Testing of Title 20 of the DCMR
has been amended by the District of Columbia in its October 22, 1993
and December 16, 1998 submittals. The District has amended Section
500--Records and Reports by adding subsections 500.6 and 500.7 to
address EPA's requirement that owners and operators of stationary
sources must maintain written records for at least two years. The
District of Columbia has also amended Section 502--Sampling Test and
Monitoring by adding subsections 503.13, 502.17 and appendix No. 5 to
address the federal requirement for specifying the applicable test
methods for sources of VOC.
Title 20 of the DCMR, Chapter 7--Volatile Organic Compounds has
been amended by the District of Columbia in their October 22, 1993
submittal. The District of Columbia amended Section 703--Terminal Vapor
Recovery--Gasoline or Volatile Organic Compounds regarding bulk
gasoline plants and bulk gasoline terminals by adding subsection 703.7
and by modifying subsections 703.1 and 703.4. The District also added
subsection 703.6 regarding leaks from gasoline tank trucks and vapor
collection systems.
The October 22, 1993 submittal amended requirements in Section
705--Stage II Gasoline Vapor Recovery that established Stage II
gasoline vapor controls to be applied to any facility that dispenses
more than 10,000 gallons per month or 50,000 gallons per month in the
case of independent small businesses marketers. Language was also
incorporated to indicate that applicability will be based upon the
average monthly throughput determined for the two year period prior to
November 15, 1992 and that any periods of facility inactivity would not
be included. The regulation stated the average monthly throughput shall
be calculated using a thirty day rolling average. Also, the term
``selling'' was replaced in the regulation with the term
``dispensing''. EPA has determined that the District of Columbia has
complied with section 182 (b)(3) of the Act and is approving the
revised Section 705--Stage II Gasoline Vapor Recovery as a revision to
the District of Columbia's SIP.
The December 16, 1998 submittal amended Chapter 1 by adding and
revising definitions; Chapter 5 by adding test methods for degreasing
and offset lithography to Appendix 5-1, and Chapter 7 by adding new
sections 708.9 through 708.12 and 716 to regulate solvent cleaning
(degreasing) activities and offset lithography printing operations.

II. Final Action

EPA is approving revisions to the District of Columbia SIP
submitted on June 21, 1985, October 22, 1993, and December 16, 1998.
The revisions to Title 20 DCMR, Chapter 7--Volatile Organic Compounds
consist of the District's revised Stage II gasoline vapor recovery
requirements and RACT requirements for major sources of VOC.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipate no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on December 13, 1999 without further
notice unless EPA receives adverse comment by November 26, 1999. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''

B. Executive Orders on Federalism

Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. requires EPA to
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
state, local, and tribal governments, the nature of their concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule. On August 4, 1999, President Clinton issued
a new executive order on federalism, Executive Order 13132 [64 FR 43255
(August 10, 1999)] which will take effect on November 2, 1999. In the
interim, the current Executive Order 12612 [52 FR 41685 (October 30,
1987)] on federalism still applies. This rule will not have a
substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 12612. The rule affects only one State, and does not
alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.

C. Executive Order 13045

E.O. 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that the EPA determines (1) is ``economically
significant,'' as defined under E.O. 12866, and (2) the environmental
health or safety risk addressed by the rule has a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children and explain why the planned regulation is

[[Page 57779]]

preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency. This final rule is not subject
to E.O. 13045 because it is not an economically significant regulatory
action as defined by E.O. 12866, and it does not address an
environmental health or safety risk that would have a disproportionate
effect on children.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If EPA complies by
consulting, Executive Order 13084 requires EPA to provide to the Office
of Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected and
other representatives of Indian tribal governments ``to provide
meaningful and timely input in the development of regulatory policies
on matters that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the communities
of Indian tribal governments. This action does not involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because 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
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, 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).

F. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule. EPA has determined that
the approval action promulgated does not include a Federal mandate that
may result in estimated annual costs of $100 million or more to either
State, local, or tribal governments in the aggregate, or to the private
sector. This Federal action approves pre-existing requirements under
State or local law, and imposes no new requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.

G. 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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action to approve amendments to the District of
Columbia's VOC RACT rules and its Stage II Vapor Recovery Program must
be filed in the United States Court of Appeals for the appropriate
circuit by December 27, 1999. Filing a petition for reconsideration by
the Administrator of this final rule 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, Hydrocarbons,
Incorporation by reference, Ozone.

Dated: October 5, 1999.
Thomas Voltaggio,
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 et seq.

Subpart J--District of Columbia

2. In Sec. 52.470, the entries for Chapter 1, Section 199; Chapter
5, Section 599; all of Chapter 7; and all of Chapter 9 in the ``EPA
Approved Regulations for the District of Columbia'' table in paragraph
(c) are revised. The entry for Chapter 5, Sections 500.6 is added to
this table after the existing entry for Chapter 5, Sections 500.4 and
500.5. The entry for Chapter 5, Sections 502.17 is added to this table
after the existing entry for Chapter 5, Sections 502.1 through 502.15.
The entry for Appendices is added to this table after the revised entry
for Chapter 9. The amendments read as follows:

Sec. 52.470 Identification of plan.

* * * * *
(c) EPA approved regulations.

[[Page 57780]]

EPA-Approved District of Columbia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Additional
date explanation
----------------------------------------------------------------------------------------------------------------
Chapter 1--General
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
Section 199....................... Definitions and 10/02/98 10/27/99............ Added/revised
Abbreviations. [Insert Federal definitions,
Register cite]. effective 03/15/85:
condensate, dry
cleaning facility,
external floating
roof, petroleum
refinery complex,
solvent recovery
dryer, vapor
mounted seal, waxy
heavy pour crude
oil effective 10/02/
98: Director,
volatile organic
compounds

* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Chapter 5--Source Monitoring and Testing
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
Section 500.6..................... Records and Reports. 09/30/93 10/27/99............ ....................
[Insert Federal
Register cite].

* * * * * *
*
Section 502.17.................... Sampling Tests, and 09/30/93 10/27/99............ ....................
Measurements. [Insert Federal
Register cite].

* * * * * *
*
Section 599....................... Definitions and 09/30/93 10/27/99............ ....................
Abbreviations. [Insert Federal
Register cite].

* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Chapter 7--Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 700....................... Organic Solvents.... 03/15/85 10/27/99............
[Insert Federal
Register cite].
Section 701.1 through 701.3....... Storage of Petroleum 03/15/85 10/27/99............
Products. [Insert Federal
Register cite].
Section 702....................... Control of VOC leaks 03/15/85 10/27/99............
from Petroleum [Insert Federal
Refinery Equipment. Register cite].
Section 703.2, 703.3.............. Terminal Vapor 03/15/85 10/27/99............
Recovery--Gasoline [Insert Federal
or VOCs. Register cite].
Section 703.1, 703.4 through 703.7 Terminal Vapor 09/30/93 10/27/99............
Recovery--Gasoline [Insert Federal
or VOCs. Register cite].
Section 704....................... Stage I--Vapor 03/15/85 10/27/99............
Recovery. [Insert Federal
Register cite].
Section 705.4 through 705.14...... Stage II--Gasoline 03/15/85 10/27/99............
Vapor Recovery. [Insert Federal
Register cite].
Section 705.1 through 705.3....... Stage II--Gasoline 09/30/93 10/27/99............
Vapor Recovery. [Insert Federal
Register cite].
Section 706....................... Petroleum dry 03/15/85 10/27/99............
Cleaners. [Insert Federal
Register cite].
Section 707....................... Perchloroethylene 03/15/85 10/27/99............
Dry Cleaning. [Insert Federal
Register cite].
Section 708.1 through 708.8....... Solvent Cleaning.... 03/15/85 10/27/99............
[Insert Federal
Register cite].
Section 708.9 through 708.12...... Solvent Cleaning.... 10/02/98 10/27/99............
[Insert Federal
Register cite].
Section 709....................... Asphalt Operations.. 03/15/85 10/27/99............
[Insert Federal
Register cite].
Section 710....................... Engraving and Plate 03/15/85 8/4/92 57 FR 34249..
Printing.
Section 711....................... Pumps and 03/15/85 10/27/99............
Compressors. [Insert Federal
Register cite].
Section 712....................... Waste Gas Disposal 03/15/85 10/27/99............
from Ethylene [Insert Federal
Producing Plant. Register cite].
Section 713....................... Waste Gas Disposal 03/15/85 10/27/99............
from Blow-down [Insert Federal
Systems. Register cite].

[[Page 57781]]

Section 715....................... Reasonably Available 09/30/93 10/27/99............
Control Technology. [Insert Federal
Register cite].
Section 716....................... Offset Lithography.. 10/02/98 10/27/99............
[Insert Federal
Register cite].
Section 799....................... Definitions and 10/02/98 10/27/99............
Abbreviations. [Insert Federal
Register cite].

* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Chapter 9--Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants
----------------------------------------------------------------------------------------------------------------
Section 904....................... Oxygenated Fuels.... 09/30/93 1/26/95.............
60 FR 5134..........
----------------------------------------------------------------------------------------------------------------
Appendices
----------------------------------------------------------------------------------------------------------------
Appendix 1........................ Emission Limits for 03/15/85 8/28/95.............
Nitrogen Oxide. 60 FR 44431.........
Appendix 2........................ Table of Allowable 03/15/85 8/28/95.............
Particulate 60 FR 44431.........
Emissions from
Process Sources.
Appendix 3........................ Allowable VOC 03/15/85 8/28/95.............
Emissions Under 60 FR 44431.........
Section 710.
Appendix 5........................ Test Methods for 10/02/98 10/27/99............
Sources of Volatile [Insert Federal
Organic Compounds. Register cite].

* * * * * *
*
----------------------------------------------------------------------------------------------------------------

3. Section 52.478 is added to read as follows:

Sec. 52.478 Rules and Regulations.

(a) On April 8, 1993, the District of Columbia submitted a letter
to EPA declaring that there are no sources located in the District
belonging to the following VOC categories:
(1) Automobile and light-duty truck manufacturing;
(2) Coating of cans, coils, paper, fabric and vinyl, metal
furniture, large appliances, magnet wire, miscellaneous metal parts and
products, and flatwood paneling;
(3) Storage of petroleum liquids in fixed-roof tanks and external
floating-roof tanks;
(4) Bulk gasoline plants and terminals;
(5) Petroleum refinery sources;
(6) Petroleum refinery equipment leaks;
(7) 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;
(8) Graphic arts systems;
(9) Storage, transportation and marketing of VOCs (fugitive VOCs
from oil and gas production and natural gas and gasoline processing).
(b) On September 4, 1997, the District of Columbia submitted a
letter to EPA declaring that there are no sources located in the
District which belong to the following VOC categories:
(1) Coating of plastic parts (business machines and other);
(2) Aerospace;
(3) Shipbuilding and repair;
(4) Automobile refinishing;
(5) Industrial wastewater;
(6) Distillation or reactor or batch processes in the synthetic
organic chemical manufacturing industry;
(7) Volatile organic storage;
(8) Wood furniture coatings;
(9) Offset lithography;
(10) Clean-up solvents.

[FR Doc. 99-26849 Filed 10-26-99; 8:45 am]
BILLING CODE 6560-50-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-26849. Public record. Not legal advice.