5771614 Energy and Environment, Department of - Notice of Final Rulemaking - Control of Hazardous Air Pollutants (HAPs)
-
DEPARTMENT OF ENERGY AND ENVIRONMENT
NOTICE OF final RULEMAKING
Control of Hazardous Air Pollutants (HAPs)
The Director of the Department of Energy and 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, effective March 15, 1985, as amended (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-101.06(b) (2012 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) (2012 Repl.)); the Human and Environmental Health Protection Act of 2010, effective March 31, 2011 (D.C. Law 18-336; D.C. Official Code §§ 8-108.01, et seq. (2012 Repl.)); Mayor's Order 98-44, dated April 10, 1998; Mayor’s Order 2006-61, dated June 14, 2006; and Mayor’s Order 2011-153, dated September 7, 2011, hereby gives notice of the intent to add a new Chapter 14 (Air Toxics and Hazardous Air Pollutants), to Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR).
Proposed Rulemakings
On March 16, 2012, the Department proposed rules to adopt by reference ten (10) federal standards for hazardous air pollutants (HAP) for the following source categories: Perchloroethylene Dry Cleaning Facilities, Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, Halogenated Solvent Cleaning, Publicly Owned Treatment Works, Stationary Reciprocating Internal Combustion Engines, Hospital and Other Ethylene Oxide Sterilizers, Gasoline Dispensing Facilities, Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources, Area Source Plating and Polishing Operations, and the Printing and Publishing Industry, published at 59 DCR 2167. The rules proposed to replace the previous National Emission Standards for Hazardous Air Pollutants (“NESHAP”) requirements in 20 DCMR § 717 (where older versions of some of these regulations had previously been adopted by reference) and the District’s own requirements for HAPs in other sections of 20 DCMR, Chapter 7. The rulemaking also included an eventual phase-out of perchloroethylene in dry cleaning operations, pursuant to the Human and Environmental Health Protection Act of 2010. See D.C. Official Code § 8-108.03 (2013 Repl.).
The Department received comments from five entities regarding its adoption of the NESHAP for Reciprocating Internal Combustion Engines (“RICE”), specifically the Department’s proposal to omit provisions of the federal rule that would allow emergency generators to participate in emergency demand response (“DR”) programs. Comments were submitted by Level 3 Communications LLC, EnerNoc, Inc., Blue Sky Environmental LLC, MedStar Health, and the District of Columbia Water and Sewer Authority. Commenters urged the Department to reconsider its decision to prohibit emergency engines from participating in DR programs, arguing that it was important to ensuring grid reliability and did not pose a threat to air quality.
On June 6, 2014, the Department reproposed the rulemaking, published at 61 DCR 5773, because the federal Environmental Protection Agency (“EPA”) had updated two of the federal rules for source categories: Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, and Stationary Reciprocating Internal Combustion Engines. The rulemaking preamble stated that the comments received on the first proposed rulemaking would be considered during the comment period for the second rulemaking period and need not be resubmitted. No additional comments were received on the second proposed rulemaking.
Final Rulemaking Action
The Department is finalizing this rulemaking without changes from the second proposal, including its decision to exclude portions of the federal rule permitting emergency generators to participate in DR programs. As stated in the preamble to the first proposed rulemaking, the Department has determined that allowing emergency generators to participate in DR programs would be detrimental to air quality in the District. Diesel-fired emergency generators are not required to install pollution control technologies and therefore have dirtier emissions than non-emergency generators. RICE emit oxides of nitrogen (NOx), a precursor to ozone (smog) formation. The District is designated as being in nonattainment of the 2008 National Ambient Air Quality Standards for ozone and therefore must work to limit emissions of ozone precursors such as NOx. 40 C.F.R. § 81.309. For these reasons, the Department determined that they should only be permitted to operate in the event of a true emergency, for example in response to a power outage or equipment failure. They should not be used to alleviate demand on the grid during peak usage in order to prevent power outages, as is done through emergency DR programs.
In addition, since the Department proposed this rulemaking, the D.C. Council enacted the Air Quality Amendment Act of 2014, effective September 9, 2014 (D.C. Law 20-0135; 61 DCR 6767 (July 3, 2014)) (Act)[1]. Section 203 of the Act requires any generator participating in a DR program to implement Best Available Control Technology (BACT) and prohibits any generator that participates in DR from being classified as an emergency generator. The Department therefore lacks the discretion to allow uncontrolled emergency generators to participate in demand response programs through this rulemaking. The Department is in the process of drafting a rulemaking to set BACT standards for DR generating sources.
This rulemaking was submitted to the Council of the District of Columbia (Council) for a review period of forty-five (45) days. The Proposed Resolution of Approval for the Notice of Final Rulemaking was introduced in the Council on September 16, 2015, and was deemed passively approved on November 30, 2015. These rules were adopted as final on May 20, 2015 and will become effective upon publication of this notice in the D.C. Register.
A new Chapter 14 is added to Title 20 DCMR, ENVIRONMENT, to read as follows:
CHAPTER 14 AIR TOXICS AND HAZARDOUS AIR POLLUTANTS
Secs.
1400 Emission Standards for Hazardous Air Pollutants for Source Categories
1401 Emission Standards for Perchloroethylene Dry Cleaning Facilities
1402 Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
1403 Emission Standards for Halogenated Solvent Cleaning
1404 Emission Standards for the Printing and Publishing Industry
1405 Emission Standards for Hazardous Air Pollutants for Publicly Owned Treatment Works
1406 Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines
1407 Emission Standards for Hospital and Other Ethylene Oxide Sterilizers
1408 Emission Standards for Hazardous Air Pollutants for Gasoline Dispensing Facilities
1409 Emission Standards for Hazardous Air Pollutants for Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
1410 Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers
1411 Emission Standards for Hazardous Air Pollutants for Area Source Plating and Polishing Operations
1400 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES
1400.1 The requirements of 40 C.F.R. part 63, subparts A, B, C, D, E, and appendix A (Test Methods) (40 C.F.R. §§ 63.1 – 63.99), as amended, together with the terms used and defined, are hereby adopted by reference for the purpose of implementing the National Emission Standards for Hazardous Air Pollutants (NESHAP) for source categories pursuant to the requirements of Section 112 of the Clean Air Act, 42 U.S.C. § 7412, except that the word “Administrator” as used in the C.F.R. sections shall be taken to mean Director of the District Department of Energy and Environment.
1401 EMISSION STANDARDS FOR PERCHLOROETHYLENE DRY CLEANING FACILITIES
1401.1 After January 1, 2014, no person shall install a machine designed to use perchloroethylene as a cleaning agent for clothes or other fabrics.
1401.2 After January 1, 2029, no person shall use perchloroethlyene as a cleaning agent for clothes or other fabrics.
1401.3 Except as controlled by Subsections 1401.1 and 1401.2, the requirements of 40 C.F.R. part 63, subpart M (40 C.F.R. §§ 63.320 – 63.326), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”
1401.4 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart M, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
1402 Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
1402.1 The requirements of 40 C.F.R. part 63, subpart N (40 C.F.R. §§ 63.340 – 63.348 and table 1 to subpart N of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment”.
1402.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart N, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
1403 EMISSION STANDARDS FOR HALOGENATED SOLVENT CLEANING
1403.1 The requirements of 40 C.F.R. part 63, subpart T (40 C.F.R. §§ 63.460 – 63.471, appendix A to subpart T of part 63, and appendix B to subpart T of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean Director of the Department of Energy and Environment.
1403.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart T, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
1404 EMISSION STANDARDS FOR The Printing and Publishing Industry
1404.1 The requirements of 40 C.F.R. part 63, subpart KK (40 C.F.R. §§ 63.820 – 63.839, table 1 to subpart KK of part 63, and appendix A to subpart KK of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”
1404.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart KK, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
1405 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR PUBLICLY OWNED TREATMENT WORKS
1405.1 The requirements of 40 C.F.R. part 63, subpart VVV (40 C.F.R. §§ 63.1580 – 63.1595.), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”
1405.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart VVV, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
1406 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES
1406.1 The requirements of 40 C.F.R. 63, subpart ZZZZ (40 C.F.R. §§ 63.6580 – 63.6635 and 63.6645 – 63.6675, tables 1a-1b, tables 2a-2d and, tables 3-8 to subpart ZZZZ of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.” In addition, emergency stationary RICE shall not be permitted to participate in demand response or peak shaving programs pursuant to Subsection 1406.2.
1406.2 The requirements of 40 C.F.R. § 63.6640, as amended, together with the terms used and defined, are hereby adopted by reference, except that:
(a) The following language shall not be adopted from 40 C.F.R. § 63.6640(f): “emergency demand response,”;
(b) The language from 40 C.F.R. §§ 63.6640(f)(2)(ii) shall not be adopted;
(c) The following language shall not be adopted from 40 C.F.R. § 63.6640(f)(3): “and emergency demand response”;
(d) The following language from 63.6640(f)(4) shall not be adopted: “and emergency demand response” and “Except as provided in paragraphs 4(f)(i) and 4(f)(ii) of this section,” ;
(e) The language from 40 C.F.R. §§ 63.6640(f)(4)(i)-(ii) shall not be adopted; and
(f) The word “Administrator” as used in the C.F.R. sections shall be taken to mean Director of the Department of Energy and Environment.
1406.3 Any violation of any of the individual requirements of 40 C.F.R. 63, subpart ZZZZ or Subsections 1406.1 through 1406.2 of this chapter, shall a constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
1407 EMISSION STANDARDS FOR HOSPITAL AND OTHER ETHYLENE OXIDE STERILIZERS
1407.1 The requirements of 40 C.F.R. part 63, subpart O (40 C.F.R. §§ 63.360 – 63.368), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”
1407.2 The requirements of 40 C.F.R. part 63, subpart WWWWW (40 C.F.R. §§ 63.10382 – 63.10448, and table 1 to subpart WWWWW of part 63), as in effect on July 1, 2011, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment”.
1407.3 Any violation of any of the individual requirements of 40 C.F.R. part 63, subparts O or WWWWW, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
1408 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR GASOLINE DISPENSING FACILITIES
1408.1 The requirements of 40 C.F.R. part 63, subpart CCCCCC (40 C.F.R. §§ 63.11110 – 63.11132, tables 1-3 to subpart CCCCCC of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”
1408.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart CCCCCC, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
1409 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR PAINT STRIPPING AND MISCELLANEOUS SURFACE COATING OPERATIONS AT AREA SOURCES
1409.1 The requirements of 40 C.F.R. part 63, subpart HHHHHH (40 C.F.R. §§ 63.11169 – 63.11178, and table 1 to subpart HHHHHH of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”
1409.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart HHHHHH, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
1410 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR Industrial, Commercial, and Institutional Boilers
1410.1 The requirements of 40 C.F.R. part 63, subpart JJJJJJ (40 C.F.R. §§ 63.11193 – 63.11237, and tables 1-8 to subpart JJJJJJ of part 63), as amended, and 40 C.F.R. part 63, subpart DDDDD (40 C.F.R. §§ 63.7480 – 63.7575, tables 1-10 to subpart DDDDD, and appendix A to subpart DDDDD), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”
1410.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart JJJJJJ and 40 C.F.R. part 63, subpart DDDDD, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
1411 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR AREA SOURCE PLATING AND POLISHING OPERATIONS
1411.1 The requirements of 40 C.F.R. part 63, subpart WWWWWW (40 C.F.R. §§ 63.11504 – 63.11513, and table 1 to subpart WWWWWW of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”
1411.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart WWWWWW, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.
[1] D.C. Law 20-0135 became effective on September 9, 2014. See the D.C. Council website (http://lims.dccouncil.us/Legislation/B20-0368?FromSearchResults=true) for more information.
