4005826 Environment, District Department of the - Notice of Final Rulemaking - Revisions to Air Quality Opacity Requirements

District DEPARTMENT OF THE ENVIRONMENT

 

NOTICE OF FINAL RULEMAKING

 

Revisions to Air Quality Opacity Requirements

 

The Interim Director of the District Department of the Environment (the Department), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-101.06(b)(2008 Repl.)); section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4)(2008 Repl.)); Mayor's Order 98-44, dated April 10, 1998; and Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of the adoption of the following amendments to chapter 6 of title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR).

 

The rulemaking amends 20 DCMR § 606 by providing an exception to the opacity standard of up to ten percent (10%) through a permitting process pursuant to 20 DCMR chapter 2 or 3, in situations where the regulated entity can document that it is unable to reasonably attain compliance with the current zero percent (0%) opacity standard. In addition to such documentation, in order to obtain an alternative to the zero percent (0%) standard, the entity will be required to document compliance with all other particulate matter standards and show that the emissions from the subject source would not cause a violation of any National Ambient Air Quality Standard and that operation at the higher visible emissions level is not a sign of improper operation of the equipment.

 

Proposed regulations were published in the D.C. Register on May 11, 2012, at 59 DCR 004789.  The comment period officially closed on June 11, 2012, with the Department having received no comments. Therefore, the Department is finalizing this rulemaking with no changes. In a separate administrative action, the Department will propose to submit the final rulemaking to the United States Environmental Protection Agency (EPA) for approval as revision to the District’s State Implementation Plan found at 40 C.F.R part 52, subpart J, to satisfy requirements under section 172(c) of the Clean Air Act. 42 U.S.C. § 7502(c).

 

 

 

TITLE 20 DCMR (ENVIRONMENT), CHAPTER 6 (PARTICULATES), SECTION 606 (VISIBLE EMISSIONS) is amended to read as follows

 

606                  VISIBLE EMISSIONS

 

606.1               Except as otherwise provided in these air quality regulations, visible emissions shall not be emitted into the outdoor atmosphere from stationary sources (excluding fuel-burning equipment placed in initial operation before January 1, 1977); provided, that discharges not exceeding forty percent (40%) opacity (unaveraged) shall be permitted for two (2) minutes in any sixty (60) minute period and for an aggregate of twelve (12) minutes in any twenty-four hour (24 hr.) period during start-up, cleaning, soot blowing, adjustment of combustion controls, or malfunction of equipment.

 

606.2               Except as otherwise provided in these air quality regulations, visible emissions whose opacity is in excess of ten percent (10%) (unaveraged), at any time shall not be emitted into the outdoor atmosphere, from any fuel-burning equipment placed in initial operation before January 1, 1977; provided, that:

 

(a)        Opacity not in excess of forty percent (40%) (unaveraged) shall be permitted for two (2) minutes in any sixty (60) minute period and for an aggregate of twelve (12) minutes in any twenty-four hour (24 hr.) period other than during start-up of equipment;

 

(b)        During start-up of equipment, opacity not in excess of forty percent (40%) (averaged over six (6) minutes) shall be permitted for an aggregate of five (5) times per start-up; and

 

(c)        In addition to the emissions permitted under § 606.2(a), during shutdown of equipment, opacity not in excess of fifteen percent (15%) (unaveraged) shall be allowed and in addition, opacity not in excess of thirty percent (30%) (averaged over three (3) minutes) shall be permitted for an aggregate of three (3) times per shutdown.

 

606.3               As an exception to § 606.1, the owner or operator of a stationary source may obtain a permit pursuant to chapters 2 or 3 of this title allowing visible emissions not exceeding ten percent (10%) opacity if the owner or operator can demonstrate that the source meets the following criteria:

 

(a)        The source meets all applicable particulate matter standards at the increased visible emissions limit;

 

(b)        Visible emissions at the increased visible emissions limit are not an indication of improper operation of the equipment;

 

(c)        The particulate emissions at the increased visible emissions limit will not create a violation of any National Ambient Air Quality Standard; and

 

(d)       The source cannot modify operations or install control equipment to meet a lower opacity standard without incurring unreasonable expense.

 

606.4               At all times, including periods of start-up and malfunction, owners and operators of stationary sources and fuel-burning equipment shall, to the extent practicable, maintain and operate stationary sources and fuel-burning equipment, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions.

 

606.5               Violation of standards set forth in this section, as a result of unavoidable malfunction, despite the conscientious employment of control practices, shall constitute an affirmative defense on which the discharger shall bear the burden of proof. Periods of malfunction shall cease to be unavoidable malfunctions if reasonable steps are not taken to eliminate the malfunction within a reasonable time.

 

606.6               Owners and operators of stationary sources and fuel-burning equipment shall ensure that persons actually participating in the maintenance and operation of sources and equipment are adequately trained and supervised so as to minimize the production of emissions during operation.

 

606.7               Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of this section, this section shall not be applicable.

 

606.8               The provisions of this section shall not apply to visible emissions from interior fire places, or from sources set forth in § 604.2, or when steam is used to blow oil from a burner as the last phase of shutting down the burner.