2376808 Revisions to Air Quality Opacity Requirements

DEPARTMENT OF THE ENVIRONMENT

 

NOTICE OF PROPOSED RULEMAKING

 

Revisions to Air Quality Opacity Requirements

 

The Director of the District Department of the Environment, 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 his intent to adopt the following amendments to chapter 6 of title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR) in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

 

The proposed rules would amend 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 would 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.

 

This modification is necessary because it has come to the attention of the District Department of the Environment (DDOE) that certain types of equipment, such as large boilers or fuel-burning equipment, are not always able to attain the present zero percent (0%) standard consistently, even when operating properly and burning a relatively clean fuel. This problem becomes especially apparent when a Continuous Opacity Monitoring System (COMS) is used. These systems typically have a measurement error range of approximately three percent (3%), such that even if the actual visible emissions are zero (0), the unit may read a value above zero (0), thus indicating a violation of the current standard.

 

Historically, DDOE has found it difficult to enforce a zero percent (0%) standard in these types of situations and therefore proposes that an extremely limited exception of up to ten percent (10%) opacity be placed in the regulation to reflect necessary practice. This exception will not result in any actual emissions increases, but rather only reflect current technical limitations on pollution control and monitoring equipment and make the regulation enforceable as a practical matter. The proposed amendments, therefore, will not interfere with any applicable requirement concerning attainment with or reasonable further progress toward attaining any National Ambient Air Quality Standard, including that for fine particulate matter (PM_2.5), nor will it result in any deterioration of the District’s air quality.

 

This change will make the District’s regulation more consistent with the regulations of surrounding jurisdictions that have more exceptions to their standards or less stringent standards that allow up to twenty percent (20%) opacity.

 

In addition, the proposed rulemaking deletes the last two (2) subsections of this section as additional enforcement provisions are not necessary since the general air quality enforcement provisions in 20 DCMR § 100, and specifically 20 DCMR § 105, are sufficient for enforcement of this section.  

 

Once finalized, the rulemaking will be submitted 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 this 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 this 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.

 

All persons desiring to comment on the proposed rulemaking shall submit written comments no later than thirty (30) days after the date of publication of this notice in the D.C. Register, to Cecily M. Beall, Associate Director, District Department of the Environment, Air Quality Division, 1200 First Street NE, 5^th Floor, Washington, D.C. 20002 or electronically to

[e-mail]. Ms. Beall may be contacted at [phone]. If the thirty (30) day comment period expires on a day in which DDOE is closed, the comment period will extend to the next day on which the office is open.

 

DDOE’s policy is that public comments, whether mailed, delivered, submitted electronically on computer disks, or in paper, will be made available for public viewing on its website as DDOE receives them and without change, unless the comment contains copyrighted material, confidential business information, or other information whose disclosure is restricted by statute. When DDOE identifies a comment containing copyrighted material, DDOE will provide a reference to that material on the website. The copyrighted material will be available in hard copy to the public.