Notice of Proposed Rulemaking - Amendments to Tuning Deadline for Reasonably Available Control Technology Addressing Nitrogen Oxides from Major Stationary Sources

Notice is hereby given that the proposed rulemaking, "Amendments to Tuning Deadline for Reasonably Available Control Technology Addressing Nitrogen Oxides from Major Stationary Sources," was proposed by the Director of DOEE on January 24, 2025. This proposed rulemaking amends 20 DCMR Chapter 8 to extend the deadline for tuning the combustion process for fuel burning equipment with a heat input capacity of five (5) million British thermal units (BTU) per hour or greater.

Background and Purpose:

DOEE proposes to amend 20 DCMR Chapter 8 to extend the deadline for tuning the combustion process for fuel burning equipment with a heat input capacity of five (5) million British thermal units (BTU) per hour or greater. Currently, 20 DCMR § 805.5(b) requires owners or operators of this equipment to adjust the combustion process prior to November 1 of each year. This provision was intended to have fuel burning equipment, primarily boilers used for heating during the winter months, to undergo adjustments ("tune-ups") that minimize the emission of nitrogen oxides, also known as NOx, before the beginning of the heating season. DOEE received comments from regulated facilities that, due to warmer temperatures in recent years during the fall and early winter, sources are unable to reach the heating load needed to perform complete combustion adjustments before the current November 1 deadline.

Amendments:

DOEE proposes to amend 20 DCMR § 805.5(b) to allow tune-ups to occur each year from October 1 until December 31 beginning in 2025. The amended timeframe will provide flexibility for sources to make combustion adjustments while continuing to ensure that emission reductions occur during the months with the highest heating demand.

This rulemaking will be submitted as an amendment to the District's State Implementation Plan after it is issued as a final rulemaking. Pursuant to Section 110(l) of the Clean Air Act (42 U.S.C. § 7410(l)), DOEE finds that the deadline adjustment meets the EPA's requirements and does not constitute backsliding.

In addition, DOEE proposes two technical amendments. First, DOEE proposes to amend § 805.5(f)(3)(B) by replacing the period at the end with "; and". Second, DOEE proposes to repeal § 805.5(g) because the paragraph is no longer applicable.

Comments on the Proposed Rulemaking:

DOEE Air Quality Division
ATTN: Joseph Jakuta: NOX RACT Tuning Deadline
1200 First Street NE, Fifth Floor
Washington, DC 20002

Interested parties may also request a public hearing concerning submitting this as an amendment to the District's SIP to the above address or email within thirty (30) days after the publication of this notice in the District of Columbia Register. If a request for a public hearing is received too late to hold a hearing during the public comment period, the comment period will be extended through publication of a subsequent notice.