95-20985. Approval and Promulgation of Air Quality Implementation Plans; District of ColumbiaRecodification of the District's Air Pollution Control Regulations  

  • [Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
    [Rules and Regulations]
    [Pages 44430-44435]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-20985]
    
    
    
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    [[Page 44431]]
    
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [DC24-1-6793a; FRL-5271-1]
    
    
    Approval and Promulgation of Air Quality Implementation Plans; 
    District of Columbia--Recodification of the District's Air Pollution 
    Control Regulations
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
    submitted by the District of Columbia. This revision consists of a 
    revised format for the District's air pollution control regulations. 
    Except as otherwise indicated, the changes are administrative in 
    nature, and do not substantively revise the current SIP. The intended 
    effect of this action is to ensure that the District of Columbia's 
    current regulatory numbering format and the District of Columbia SIP 
    numbering format are consistent with each other. This action is being 
    taken in accordance with section 110 of the Clean Air Act.
    
    DATES: This final rule is effective October 27, 1995 unless notice is 
    received on or before September 27, 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, Air, Radiation, and Toxics Division, 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: Harold A. Frankford, (215) 597-1325.
    
    SUPPLEMENTARY INFORMATION: On June 21, 1985, the District of Columbia 
    submitted to EPA Region III both a revised format and numerous 
    amendments to its air pollution control regulations, and requested that 
    these changes be reviewed and processed as revisions of the District's 
    State Implementation Plan (SIP). The District's regulations have 
    undergone many changes, both substantive and nonsubstantive. Many of 
    the nonsubstantive changes were made to the regulations to improve 
    their clarity and simplicity. The new format of the regulations 
    organizes the emission standards and other provisions into eight 
    chapters and four appendices. This rulemaking takes action on the non-
    substantive format changes to the District's SIP submitted in June 
    1985. The substantive revisions have been or will be considered in 
    separate rulemaking actions.
        While the revised regulatory format include provisions governing 
    odor and certain non-criteria pollutants, EPA has not reviewed the 
    changes made to these rules since they are not part of the District's 
    SIP.
        The District certified that public hearings pertaining to these 
    revisions were held on May 9, 1984 in Washington, DC as required by 40 
    CFR Section 51.102. As of August 28, 1995, these revisions remain 
    current District law.
    
    Summary of SIP Revision
    
        The regulatory content of the current District of Columbia SIP 
    consists of Sections 8-2:701 through 8-2:731 of the District's Health 
    Regulations. The District restructured its regulations as part of the 
    District of Columbia Air Pollution Control Act of 1984 (D.C. Law 5-
    165), effective March 15, 1985. This act created Title 20 (District of 
    Columbia Air Quality Control Regulations) of the District of Columbia 
    Municipal Regulations [cited as 20 DCMR], which replaced Title 8 
    (Health Regulations) Section 2 of the District of Columbia Air 
    Pollution Control Act originally enacted July 30, 1968 and Regulation 
    72-12 of the District of Columbia Regulations, originally enacted on 
    July 7, 1972.
        The revised 20 DCMR is organized as follows:
    Chapter 1--General
    Chapter 2--General and Non-attainment Area Permits
    Chapter 3 (Reserved)
    Chapter 4--Ambient Monitoring and Emergency Procedures
    Chapter 5--Source Monitoring and Testing
    Chapter 6--Particulates
    Chapter 7--Volatile Organic compounds
    Chapter 8--Asbestos, Sulfur and Nitrogen Oxides
    
    Appendices
    
    Appendix No. 1  (Emission Limits for Nitrogen Oxide)
    Appendix No. 2  [Table of Allowable Particulate Emissions from 
    Process Sources]
    Appendix No. 3  [Allowable VOC Emissions under Section 710]
    
        The following list cross-references the citations found in 20 DCMR 
    with the current SIP provisions.
    
    ----------------------------------------------------------------------------------------------------------------
                SIP citation (regulation 8-2:XXX)                                 20 DCMR citation                  
    ----------------------------------------------------------------------------------------------------------------
    701  Purpose of Regulation...............................  100  Purpose, Scope and Construction.                
    729  Construction of Regulation..........................                                                       
    722  Inspection..........................................  101  Inspection.                                     
    723  Order for Compliance................................  102  Order for Compliance.                           
    725  Hearings............................................  104  Hearings.                                       
    726  Penalty.............................................  105  Penalties.                                      
    727  Public Disclosure of Records and Information:         106  Confidentiality of Reports.                     
     Confidentiality.                                                                                               
    716  Control Devices and Practices.......................  107  Control Devices or Practices.                   
    702  Definitions.........................................  199  Definitions and Abbreviations.*                 
    703  Abbreviations.                                                                                             
    728  Air Pollution Monitoring............................  400  Air Pollution Reporting Index.                  
    719  Emergencies.........................................  401  Emergency Procedures.                           
    717  Records, Reports and Monitoring Devices.............  500  Records and Reports.                            
                                                               501  Monitoring Devices.                             
    718  Sampling, Tests and Measurements....................  502  Sampling, Tests and Measurements.**             
    708  Fuel Burning Particulate Emissions..................  600  Fuel Burning Particulate Emissions.             
                                                               601  Rotary Cup Burners.                             
    709  Incinerators........................................  602  Incinerators.                                   
    710  Process Emissions...................................  603  Particulate Process Emissions.                  
    
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                                                               803  Sulfur Process Emissions.                       
    711  Open Burning........................................  604  Open Burning.                                   
    712  Control of Fugitive Dust............................  605  Control of Fugitive Dust.                       
    713  Visible Emissions...................................  606  Visible Emissions.                              
    704  Use of Certain Fuel Oils Forbidden..................  801  Sulfur Content of Fuel Oils.                    
    705  Use of Certain Coal Forbidden.......................  802  Sulfur Content of Coal.                         
    706  Nitrogen Oxide Emissions............................  804  Nitrogen Oxide Emissions.                       
    ----------------------------------------------------------------------------------------------------------------
    * Codification scheme to be approved, but not all definitions.                                                  
    * * The regulations in Section 502 reference the Part 60 (NSPS) requirements in effect as of July 1, 1982.      
    
    
        As part of the transition between the current SIP regulatory scheme 
    and the revised scheme, the District of Columbia has submitted the 
    following generic changes found throughout 20 DCMR:
    
    ------------------------------------------------------------------------
            Current SIP wording                    New SIP wording          
    ------------------------------------------------------------------------
    1. ``Regulation''..................  ``Subtitle''.                      
    2. ``Commissioner''................  ``Mayor''.                         
    3. ``He/Him''......................  ``He or She/His or Her/Mayor''.    
    4. ``Any''.........................  ``Each'',                          
    5. ``Such''........................  ``The''.                           
    6. ``Shall''.......................  ``Should''.                        
    ------------------------------------------------------------------------
    
        As another result of this recodification, these are several SIP 
    provisions which have no equivalent in the 20 DCMR provisions. 
    Similarly, 20 DCMR contains new provisions, both substantive and 
    administrative, not found currently in the District's SIP. These 
    provisions are summarized below:
    
    Section 8-2:721  (Complaints and Investigations)
    Section 8-2:730  (Independence of Sections)
    Section 8-2:731  (Effective Date)
    
        EPA's evaluation in this action is limited to the regulation 
    restructuring format and all associated administrative changes. As a 
    result of the Clean Air Act Amendments of 1990, the District of 
    Columbia was required to revise and submit to EPA many of the 
    provisions found in Chapters 2 and 7 of 20 DCMR. The District has also 
    submitted various revised definitions and terms found throughout 20 
    DCMR. The changes to Sections 2 and 7 resulting from the recodification 
    are revised below:
    
    ----------------------------------------------------------------------------------------------------------------
                SIP citation (regulation 8-2:XXX)                                 20 DCMR citation                  
    ----------------------------------------------------------------------------------------------------------------
                                                                                    (Chapter 2)                     
    720a  Permit to Operate..................................  200.1  Permit requirements.                          
    720b.....................................................  200.2,2a,3                                           
    720c.....................................................  200.6-200.10, 200.12                                 
    720d.....................................................  200.4                                                
    720f.....................................................  200.5                                                
    720e  General Requirement for the Issuance of Permit.....  201  General Requirements for Permit Issuance.       
    720g  Modification, Revocation and Termination of Permits  202  Modification, Revocation and Termination of     
                                                                Permits.                                            
    720e6  Permits in Nonattainment Areas....................  204  Permits in Nonattainment Areas.                 
    720h  Permits for Fuel-Burning Equipment.................  200.11                                               
                                                                                    (Chapter 7)                     
    707f  Organic Solvents...................................  700  Organic Solvents.                               
    707a  Storage of Petroleum Products......................  701  Storage of Petroleum Products.                  
                                                               702  Control of VOC Leaks from Petroleum Refinery    
                                                                Equipment.                                          
    707b  Gasoline Loading...................................  703  Terminal Vapor Recovery--Gasoline or VOC.       
    707b  Trailer and Railroad Tank Car.                                                                            
    707c  Gasoline Transfer Vapor Control....................  704  Stage I Vapor Recovery.                         
    707d  Control of Evaporative Losses From the Filling of    705  Stage II Vapor Recovery.                        
     Vehicular Tanks.                                                                                               
    707e  Dry Cleaners.......................................  706  Petroleum Dry Cleaners.                         
                                                               707  Perchlorethylene Dry Cleaning.                  
    707j  Solvent Cleaning Degreasing........................  708  Solvent Cleaning Degreasing.                    
    707k  Asphalt Operations.................................  709  Asphalt Operations.                             
    707g  Pumps and Compressors..............................  711  Pumps and Compressors.                          
    707h  Waste Gas Disposal from Ethylene Producing Plant...  712  Waste Gas Disposal from Ethylene Producing      
                                                                Plant.                                              
    707i  Waste Gas Disposal from Vapor Blow Down System.....  713  Waste Gas Disposal from Vapor Blow Down System. 
    ----------------------------------------------------------------------------------------------------------------
    
        On March 24, 1995 (60 FR 15483), EPA disapproved the revised 
    substantive provisions to Chapter 2, Sections 200, 201, 202, 204 and 
    299 of 20 DCMR as a revision to the District's SIP. Similarly, EPA will 
    review the revised substantive provisions to Chapter 7 in a separate 
    rulemaking action. It should be noted that Section 710 (Engraving and 
    Plate Printing) was approved by EPA as a revision to the District of 
    Columbia SIP on August 4, 1992 (57 FR 34251) and codified at 40 CFR 
    52.470(c)(27) and 52.472(d). As of the date of this action, the 
    District has not formally submitted any of the provisions found in 
    Section 203 (Good Engineering Practice Stack Height) as a revision of 
    the District's SIP. In addition, as part of the June 21, 1985 
    submittal, the District of Columbia also revised the provisions of 
    Section 103 (SIP Section 8-2:724) governing procedures for granting 
    variances. EPA 
    
    [[Page 44433]]
    will review these revised provisions in a separate rulemaking action.
    Definitions/Abbreviations Added in 20 DCMR
    
        The District's recodification SIP submittal affects many 
    definitions of terms. For the reasons stated above, EPA is not 
    reviewing in this action, any term found exclusively in Chapter 2 and 
    Chapter 7 (other than Section 710). The terms being reviewed as part of 
    this recodification action are listed below:
    
        Affected facility, Building, structure, facility, or 
    installation, Cartridge filter, Component, Containers and conveyers 
    of solvent, Crude oil, Cylinder wipe, Emission unit, Federally 
    enforceable, Flexography, Fugitive emission, Gas services, Gas 
    services for pipeline/valves and pressure relief valves, Gravure, 
    Heatset, Hydrocarbon, Ink, Inking cylinder, Innovative control 
    technology, Intaglio, Leaking component, Lease custody transfer, 
    Letterpress, Letterset, Liquid service, Necessary preconstruction, 
    Net emission increase, Offset printing process, Offset lithography, 
    Paper wipe, Perceptible, leak, Petroleum solvent, Plate, Printing, 
    Printing operation, Printing Unit, Refinery operator, Refinery unit, 
    Routing, Secondary emissions, Substrate, Vacuum still, Valves not 
    externally regulated, Water-based solvent, Wiping solution.
    
        Abbreviations--CFR, EPA, GEP, ppmv.
    
    SIP Definitions/Abbreviations Revised by the Recodification
    
        Air pollution, Distillate oil, Dry cleaning, Existing source, 
    Fugitive dust, Incinerator, Loading facilities, Person, Start-up, 
    Stationary source, Vapor tight, Wipe cleaning.
    
    SIP Definitions/Abbreviations Deleted in the Recodification
    
        Act, Air quality standard of the District of Columbia, Dry cleaning 
    operation, Freeboard ratio, Mayor, Vehicular fuel tank.
        Abbreviations--(Degree), VOC, ``%''.
    
    SIP Definitions/Abbreviations Unchanged by the Recodification (Except 
    for the Numbering Format)
    
        Air Pollutant, Control Device, Conveyorized Degreaser, Cutback 
    Asphalt, Cold Cleaner, District, Emission, Episode Stage, Fossil 
    Fuel, Fossil-Fuel-Fired Steam-Generating Unit, Freeboard, Fuel 
    Burning Equipment, Gasoline, Malfunction, Multiple Chamber 
    Incinerator, Opacity, Open-top Vapor Degreaser, Organic Solvents, 
    Particulate Matter, Photochemically Reactive Solvent, Process, 
    Process Weight, Process Rate Per Hour, Ringelmann Smoke Chart, 
    Smoke, Solid Waste, Standard Conditions, Submerged Fill Pipe, 
    Volatile Organic Compounds.
    
        Abbreviations--B.T.U., cal., CO, COHs, cfm, g., Hi-Vol., hr., lb., 
    max., NO2, No., ppm, psia, SO2, g/m3, U.L.
        In addition, 20 DCMR adds Sections X99 of Chapters 2 and 4 through 
    8, which cross-references the definitions and abbreviations listed in 
    Section 199. The entire list of terms, including those not being 
    reviewed in this action, are enumerated in the accompanying technical 
    support document.
        EPA will not review Section 205 (New Source Performance Standards) 
    since it merely cross-references 40 CFR part 60. Similarly, EPA will 
    not review the following 20 DCMR provisions since they govern 
    provisions not included in the current District of Columbia SIP:
    
    Sections 502.11, 502.12--Test Methods for Odors
    Section 502.14--Test methods for stationary sources of hazardous 
    pollutants
    Section 800--Asbestos
    Chapter 9--Motor Vehicular Pollutants, Lead, Odors and Nuisance 
    Pollutants (all provisions)
    Appendix 4--April 5, 1984 Federal Register notice announcing revisions 
    to rules and regulations codified in 40 CFR Part 61
    
    EPA Evaluation
    
        In order to evaluate the approvability as a SIP revision of 
    District of Columbia's formal submittal, the critical factors to be 
    considered are (1) Whether the revised emission limitation demonstrates 
    attainment and maintenance of the National Ambient Air Quality 
    Standards (NAAQS); (2) whether issues of enforceability arise; and (3) 
    whether all of the applicable requirements (both procedural and 
    substantive) of 40 CFR Part 51 are met.
    
    A. Impacts on Attainment/Maintenance on the NAAQS
    
        The majority of the revisions to the District of Columbia's air 
    pollution control regulations resulting from the recodification have 
    had no effect on the attainment and maintenance of the national ambient 
    air quality standards (NAAQS). The wording of many provisions has been 
    revised to conform with the format of 20 DCMR, but the emissions 
    standards that are currently in the Federally-enforceable District of 
    Columbia SIP remain in the provisions of 20 DCMR. Similarly, the 
    wording of many defined terms and abbreviations currently in the SIP 
    have been revised (using one or more of the six format changes listed 
    above) to reflect the change in the format from Title 8, Section 2 (the 
    current SIP format) to 20 DCMR. The substantive meaning of the defined 
    term remains unchanged.
        However, since November 15, 1990, the District of Columbia has been 
    required to revise the provisions in Chapters 2 (General Permit 
    Requirements) and 7 (Volatile Organic Compounds) in order to satisfy 
    the revised requirements of the Clean Air Act. Many definitions in 
    Section 199 associated with the provisions of Chapters 2 and 7 have 
    also been revised. Because these revisions supersede those which were 
    submitted in June 1985, EPA will take action on these provisions in 
    separate rulemaking actions.
    
    B. Enforceability Issues
    
        With the exceptions noted below, there are no enforceability 
    issues. The provisions that are revised solely to conform with the 
    format of 20 DCMR are clear in their wording and intent. First, Section 
    502.4(d) is designed to replace SIP regulation 8-2:718(a)(3)(D). 
    However, the expression ``fuel and/or raw materials'' found in the 
    current SIP provision has been inadvetently replaced with ``fuel raw 
    materials'' in Section 502.4(d). The District of Columbia maintains, 
    and EPA agrees, that this wording discrepancy represents a 
    typographical error, and that EPA will continue to consider ``fuel and/
    or raw materials'' as the SIP-approved language. In addition, in 20 
    DCMR Section 401, subections 401.5 through 401.8 are used twice to cite 
    distinctive provisions of this revised section. Again, the District 
    maintains, and EPA agrees, that this format discrepancy represents a 
    typographical error, and thus does not impose an enforcement concern.
        Other subsections of Sections 502 and 600 reference the test 
    methods and requirements of 40 CFR Part 60 (New Source Performance 
    Standards) as it existed on July 1, 1982. This citation in Section 502 
    was meant to update the referenced test methods that are listed in the 
    old SIP regulation 8-2:718. Inasmuch as 40 CFR Part 60 has been revised 
    numerous times since July 1, 1982, and inasmuch as the current version 
    of 40 CFR Part 60, being a federal regulation, is already federally 
    enforceable, EPA will apply the most current provisions of 40 CFR Part 
    60 where any conflict exists with the citations in Section 502.
    
    C. Conformity With the Clean Air Act, as Amended, and the Applicable 
    Requirements of 40 CFR Part 51
    
        The provisions of 20 DCMR being considered in this rulemaking 
    action do not represent substantive changes to the current federally-
    enforceable provisions which previously had met all applicable 
    requirements of 40 CFR part 51.
        EPA is approving this SIP revision without prior proposal because 
    the Agency views this as a noncontroversial 
    
    [[Page 44434]]
    amendment and anticipates no adverse comments. However, in a separate 
    document published elsewhere in this Federal Register, EPA is proposing 
    to approve the SIP revision should adverse or critical comments be 
    filed. This action will be effective October 27, 1995 unless, on or 
    before September 27, 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 document 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 October 27, 1995.
    
    Final Action
    
        EPA is approving the revised regulatory format for the District of 
    Columbia's air pollution control regulations is approvable as a 
    revision to the District of Columbia SIP. Therefore, this format will 
    be incorporated by reference into the District's SIP, and codified at 
    40 C.F.R. Section 52.470(c)(34).
        EPA has not reviewed the substance of certain regulations at this 
    time. These rules, which pertain to substantive revisions of and 
    definitions associated with the District of Columbia's good engineering 
    practice (GEP) stack height, volatile organic compounds (VOC), and new 
    source review provisions will be acted upon in separate rulemaking 
    actions. The EPA is now only approving the numbering system and 
    associated administrative changes submitted by the State. The EPA's 
    approval of the renumbering system, at this time, does not imply any 
    position with respect to the approvability of the substantive rule 
    changes to the above-listed changes. To the extent EPA has issued any 
    SIP calls to the State with respect to the adequacy of any of the rules 
    subject to this recodification, EPA will continue to require the State 
    to correct any such rule deficiencies despite EPA's approval of this 
    recodification.
        The Agency has reviewed this request for revision of the Federally-
    approved State implementation plan for conformance with the provisions 
    of the 1990 amendments enacted on November 15, 1990. The Agency has 
    determined that this action conforms with those requirements 
    irrespective of the fact that the submittal preceded the date of 
    enactment.
        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 
    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).
        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 that includes a Federal mandate that may result in estimated 
    costs to State, local, or tribal governments in the aggregate; or to 
    the 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 proposed/promulgated 
    does not include a Federal mandate that may result in estimated 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 Federal requirements. Accordingly, no additional costs 
    to State, local, or tribal governments, or to the private sector, 
    result from this action.
        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 October 27, 1995. 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 to approve the revisions associated with 
    the recodified District of Columbia SIP 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, 
    Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
    Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
    recordkeeping requirements, Sulfur Oxides.
    
        Dated: July 18, 1995.
    W. Michael McCabe,
    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)(34) to read as 
    follows:
    
    
    Sec. 52.470  Identification of plan.
    
    * * * * *
        (c) * * *
        (34) Revisions to Title 20 the District of Columbia Municipal 
    Regulations (DCMR) on June 21, 1985 by the District of Columbia:
        (i) Incorporation by reference.
        (A) Letter of June 21, 1985 from the Mayor of the District of 
    Columbia transmitting Act 5-165, representing the air pollution cotrol 
    regulations codified in 20 DCMR. 
    
    [[Page 44435]]
    
        (B) The revised provisions of 20 DCMR, effective March 15, 1985, as 
    described below:
        (1) Chapter 1--General.
    
    Section 100  (Purpose, Scope, and Construction), subsections 100.1 
    through 100.5
    Section 101  (Inspection), subsection 101.1
    Section 102  (Orders for Compliance), subsections 102.1 through 
    102.3
    Section 104  (Hearings), subsections 104.1 through 104.5
    Section 105  (Penalty), subsections 105.1 through 105.4
    Section 106  (Confidentiality of Reports), subsections 106.1 and 
    106.2
    Section 107  (Control Devices or Practices), subsections 107.1 
    through 107.4
    Section 199  The following definitions and abbreviations:
    
        Definitions (Section 199.1)--Added: Affected facility, Building, 
    structure, facility, or installation, Cartridge filter, Component, 
    Containers and conveyers of solvent, Crude oil, Cylinder wipe, 
    Emission unit, Federally enforceable, Flexography, Fugitive 
    emission, Gas services, Gas services for pipeline/valves and 
    pressure relief valves, Gravure, Heatset, Hydrocarbon, Ink, Inking 
    cylinder, Innovative control technology, Intaglio, Leaking 
    component, Lease custody transfer, Letterpress, Letterset, Liquid 
    service, Necessary preconstruction, Net emission increase, Offset 
    printing process, Offset lithography, Paper wipe, Perceptible, leak, 
    Petroleum solvent, Plate, Printing, Printing operation, Printing 
    Unit, Refinery operator, Refinery unit, Routing, Secondary 
    emissions, Substrate, Vacuum still, Valves not externally regulated, 
    Water-based solvent, Wiping solution. Revised: Air pollution, 
    Distillate oil, Dry cleaning, Existing source, Fugitive dust, 
    Incinerator, Loading facilities, Person, Start-up, Stationary 
    source, Vapor tight, Wipe cleaning.
        Unchanged from Section 8-2:702: Air Pollutant, Control Device, 
    Conveyorized Degreaser, Cutback Asphalt, Cold Cleaner, District, 
    Emission, Episode Stage, Fossil Fuel, Fossil-Fuel-Fired Steam-
    Generating Unit, Freeboard, Fuel Burning Equipment, Gasoline, 
    Malfunction, Multiple Chamber Incinerator, Opacity, Open-top Vapor 
    Degreaser, Organic Solvents, Particulate Matter, Photochemically 
    Reactive Solvent, Process, Process Weight, Process Rate Per Hour, 
    Ringelmann Smoke Chart, Smoke, Solid Waste, Standard Conditions, 
    Submerged Fill Pipe, Volatile Organic Compounds.
        Abbreviations (Section 199.2)--Added: CFR, EPA, ppmv Unchanged 
    from Section 8-2:702: B.T.U., cal., CO, COHs, cfm, g., Hi-Vol., hr., 
    lb., max., NO2, No., ppm, psia, SO2, g/m3, 
    U.L.
    
        Note: Section 199 of Chapter 1 lists all of the applicable 
    definitions and abbreviations, while Sections X99.1 and X99.2 of 
    each chapter contain a cross-reference to definitions listed in 
    Section 199.1 and abbreviations listed in Section 199.2.
    
        (2) Chapter 4--Ambient Monitoring and Emergency Procedures.
    
    Section 400  (Air Pollution Reporting Index), subsection 400.1
    Section 401  (Emergency Procedures), subsections 401.1 through 
    401.4, 401.2 through 401.8, 401.7 (duplicate) and 401.8 (duplicate)
    Section 499  (Definitions and Abbreviations), subsections 499.1 and 
    499.2
    
        (3) Chapter 5--Source Monitoring and Testing.
    
    Section 500  (Source Monitoring and Testing), subsections 500.1 
    through 500.3
    Section 501  (Monitoring Devices), subsections 501.1 through 501.3
    Section 502  (Sampling, Tests, and Measurements), subsections 502.1 
    through 502.15 (except for subsections 502.11, 502.12, and 502.14)
    Section 599  (Definitions and Abbreviations), subsections 599.1 and 
    599.2
    
        (4) Chapter 6--Particulates.
    
    Section 600  (Fuel-Burning Particulate Emission), subsections 600.1 
    through 600.7
    Section 601  (Rotary Cup Burners), subsections 601.1 and 601.2
    Section 602  (Incinerators), subsections 602.1 through 602.6
    Section 603  (Particulate Process Emissions), subsections 603.1 
    through 603.3
    Section 604  (Open Burning), subsections 604.1 and 604.2
    Section 605  (Control of Fugitive Dust), subsections 605.1 through 
    605.4
    Section 606  (Visible Emissions), subsections 606.1 through 606.9
    Section 699  (Definitions and Abbreviations), subsections 699.1 and 
    699.2
    
        (5) Chapter 8--Asbestos, Sulfur and Nitrogen Oxides.
    
    Section 801  (Sulfur Content of Fuel Oils), subsection 801.1
    Section 802  (Sulfur Content of Coal), subsections 802.1 and 802.2
    Section 803  (Sulfur Process Emissions), subsections 803.1 through 
    803.4
    Section 804  (Nitrogen Oxide Emissions), subsection 804.1
    Section 899  (Definitions and Abbreviations), subsections 899.1 and 
    899.2
    
        (6) Appendices.
    
    Appendix No. 1  (Emission Limits for Nitrogen Oxide)
    Appendix No. 2  [Table of Allowable Particulate Emissions from 
    Process Sources]
    Appendix No. 3  [Allowable VOC Emissions under Section 710]
    
        (7) Deletion of the following SIP provisions:
    
    Section 8-2:721  (Complaints and Investigations)
    Section 8-2:730  (Independence of Sections)
    Section 8-2:731  (Effective Date)
    
        The following definitions and abbreviations:
        Definitions: Act, Air quality standard of the District of 
    Columbia, Dry cleaning operation, Freeboard ratio, Mayor, Vehicular 
    fuel tank.
        Abbreviations: (Degree), VOC, ``%''.
    
        (ii) Additional material.
        (A) Remainder of June 21, 1985 District of Columbia submittal 
    pertaining to the provisions listed above.
    
    [FR Doc. 95-20985 Filed 8-25-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
10/27/1995
Published:
08/28/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
95-20985
Dates:
This final rule is effective October 27, 1995 unless notice is received on or before September 27, 1995 that adverse or critical comments will be submitted. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
44430-44435 (6 pages)
Docket Numbers:
DC24-1-6793a, FRL-5271-1
PDF File:
95-20985.pdf
CFR: (1)
40 CFR 52.470