Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 77647

Dated: December 14, 2004. 

Donald S. Welsh, 

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 et seq.

Subpart J—District of Columbia

■ 2. In Section 52.470, the table in 

paragraph (c) is amended by revising the 

entry for Chapter 6, Section 600 and 

adding an entry for Chapter 8, Section 

805 after the existing entry for Chapter 8, 

Section 805 to read as follows:

§ 52.470 Identification of plan.

* * * * *

(c) EPA-approved regulations.

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Additional explanation 

* * * * * * * 

Chapter 6 Particulates

Section 600 .................... Fuel-Burning Particulate Emissions ................... 4/16/04 12/28/04 [Insert page 

number where the 

document begins].

Revision to paragraph 

600.1. 

* * * * * * * 

Chapter 8 Asbestos, Sulfur and Nitrogen Oxides

* * * * * * * 

Section 805 .................... Nitrogen Oxides .................................................. 4/16/04 12/28/04 [Insert page 

number where the 

document begins].

Revision to paragraph 

805.5(b) and (c) 

* * * * * * * 

[FR Doc. 04–28195 Filed 12–27–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[RME R03–OAR–2004–DC–0001; FRL–7855–

3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Amendments to the Size 

Thresholds for Defining Major Sources 

and to the NSR Offset Ratios for 

Sources of VOC and NOX

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

District of Columbia (the District) State 

Implementation Plan (SIP). The 

revisions reduce the size thresholds for 

defining major sources and increase the 

new source review (NSR) offset ratio 

requirements for sources of ozone 

precursors to meet the Clean Air Act 

(CAA) requirements for 1-hour ozone 

nonattainment areas classified as severe. 

These amendments to the District’s SIP 

are required pursuant to the 

reclassification of the Metropolitan 

Washington, DC 1-hour ozone 

nonattainment area from serious to 

severe. This action is being taken under 

the CAA.

DATES: This rule is effective on February 

28, 2005 without further notice, unless 

EPA receives adverse written comment 

by January 27, 2005. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R03–OAR–

2004–DC–0001 by one of the following 

methods: 

A. Federal eRulemaking Portal: http:/

/www.regulations.gov. Follow the online instructions for submitting 

comments. 

B. Agency Web site: http://

www.docket.epa.gov/rmepub/ RME, 

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the on-line instructions for submitting 

comments. 

C. E-mail: Morris.makeba@epa.gov.

D. Mail: R03–OAR–2004–DC–0001, 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

E. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. R03–OAR–2004–DC–0001. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http://

www.docket.epa.gov/rmepub/,

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through RME, 

regulations.gov or e-mail. The EPA RME 

and the Federal regulations.gov Web 

sites are an ‘‘anonymous access’’

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

77648 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 

going through RME or regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://www.docket.epa.gov/

rmepub/. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the District of Columbia 

Department of Public Health, Air 

Quality Division, 51 N Street, NE., 

Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT:

Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 24, 2003 (68 FR 3410), 

EPA issued a final rule which 

reclassified the Metropolitan 

Washington DC 1-hour ozone 

nonattainment area (the Washington DC 

area) from serious to severe. This is 

commonly referred to as ‘‘bumping up’’

a 1-hour ozone nonattainment area. 

Pursuant to EPA’s January 24, 2003 

reclassification of the Washington DC 

area to severe, the District was required 

to adopt and submit SIP revisions to 

satisfy the more stringent CAA section 

182(d) requirements for severe 1-hour 

ozone nonattainment areas. On April 16, 

2004, the District submitted several SIP 

revisions to satisfy those mandatory 

severe area requirements. Among those 

revisions are amendments to the size 

thresholds for defining major stationary 

sources of ozone precursors and 

amendments to the offset ratio 

requirements for NSR permitting 

purposes. These revisions are the 

subject of this rulemaking action. The 

other revisions submitted on April 16, 

2004 are the addressed in separate 

rulemakings. 

II. Summary of SIP Revision 

On April 16, 2004 (and supplemented 

on September 20, 2004), the District 

submitted SIP revisions to regulations 

found in Chapters 1, 2, 7 and 8 of Title 

20 of the District of Columbia Municipal 

Regulations (DCMRs). Specifically, the 

regulations have been revised to meet 

the more stringent major source 

definitions and offset ratio requirements 

for severe ozone nonattainment areas 

found in CAA 182(d). 

Revisions have been made to 20 

DCMR Chapter 2, subsection 204.4 

which change the NSR offset ratio from 

1.2:1 to the more stringent ratio of 1.3:1 

required for the NSR permitting of major 

sources and major modifications of 

ozone precursors in the District, namely 

volatile organic compounds (VOCs) and 

nitrogen oxides (NOX).

Revisions have also been made which 

change the size thresholds for defining 

major sources of VOC and NOX to 

comply with the 25 ton per year size 

threshold requirements of the CAA for 

severe 1-hour ozone nonattainment 

areas. Specifically, 20 DCMR Chapter 1, 

Subsection 199.1, for permitting 

requirements, now defines major 

stationary sources of VOC and NOX as 

those which emit or have the potential 

to emit 25 tons per year or more. Title 

20 DCMR Chapter 7, Subsections 715.2, 

715.3 and 715.4(b), for purposes of 

requiring reasonably available control 

technology (RACT), now define major 

sources of VOC as those which emit, 

have ever emitted, have the potential to 

emit, or exceed in the future, emissions 

greater than or equal to 25 tons per year. 

Similarly, 20 DCMR Chapter 8, 

Subsections 805.1 and 805.6 and 805.7; 

now define major sources of NOX as 

those which emit or have the potential 

to emit 25 tons per year or more for 

applicability of NOX RACT 

requirements. Additional changes were 

made to include a January 1, 2005 

compliance date for RACT for those 

sources which emit or have the 

potential to emit between 25 tons per 

year (the new threshold for defining a 

subject major source) and the previous 

major source applicability level of 50 

tons per year. 

These changes to the District SIP are 

necessary to meet the mandatory 

requirements for severe 1-hour ozone 

nonattainment areas under section 

182(d) of the CAA and strengthen the 

current SIP. 

III. Final Action 

EPA is approving revisions to 

regulations found in 20 DCMR Chapters 

1, 2, 7 and 8 submitted by the District 

to satisfy the more stringent major 

source definitions and offset ratio 

requirements for severe ozone 

nonattainment areas found in CAA 

182(d). EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on February 28, 2005 without 

further notice unless EPA receives 

adverse comment by January 27, 2005. 

If EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104–4). This rule also does 

not have tribal implications because it 

Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 77649

will not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

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 February 28, 

2005. 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 

revisions to the District of Columbia’s 

regulations pertaining to major source 

size thresholds and offset ratios to 

satisfy the requirements for severe 1-

hour ozone nonattainment requirements 

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, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

volatile organic compounds.

Dated: December 14, 2004. 

Donald S. Welsh, 

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 et seq.

Subpart J—District of Columbia

■ 2. In Section 52.470, the table in 

paragraph (c) is amended by revising the 

existing entries for Chapter 1, Section 

199; Chapter 2, Section 204; Chapter 7, 

Section 715; and Chapter 8, Section 805. 

The amendments read as follows:

§ 52.470 Identification of plan.

* * * * *

(c) EPA approved regulations.

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Additional explanation 

* * * * * * * 

Chapter 1 General

Section 199 .................... Definitions and Abbreviations ............................. 4/16/04 12/28/04 [Insert page 

number where the 

document begins].

Revised Definition of 

Major Stationary 

Source. 

* * * * * * * 

Chapter 2 General and Non-attainment Area Permits

* * * * * * * 

Section 204 .................... Requirements for Sources Affecting Nonattainment Areas.4/16/04 12/28/04 [Insert page 

number where the 

document begins].

Revised Paragraph 

204.4. 

77650 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued

State citation Title/subject State effective 

date EPA approval date Additional explanation 

* * * * * * * 

Chapter 7 Volatile Organic Compounds

* * * * * * * 

Section 715 .................... Reasonably Available Control Technology ........ 4/16/04 12/28/04 [Insert page 

number where the 

document begins].

Revised paragraphs 

715.2, 715.3, and 

715.4(b). 

* * * * * * * 

Chapter 8 Asbestos, Sulfur and Nitrogen Oxides

* * * * * * * 

Section 805 .................... Nitrogen Oxides .................................................. 4/16/04 12/28/04 [Insert page 

number where the 

document begins].

Revised paragraphs 

805.1 (a), 805.1(a)(3) 

and (4), 805.1(b) and 

(c), 805.6 and 805.7. 

* * * * * * * 

[FR Doc. 04–28197 Filed 12–27–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7774] 

List of Communities Eligible for the 

Sale of Flood Insurance

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Final rule.

SUMMARY: This rule identifies 

communities participating in the 

National Flood Insurance Program 

(NFIP) and suspended from the NFIP. 

These communities have applied to the 

program and have agreed to enact 

certain floodplain management 

measures. The communities’

participation in the program authorizes 

the sale of flood insurance to owners of 

property located in the communities 

listed.

EFFECTIVE DATES: The dates listed under 

the column headed Effective Date of 

Eligibility.

ADDRESSES: Flood insurance policies for 

property located in the communities 

listed can be obtained from any licensed 

property insurance agent or broker 

serving the eligible community, or from 

the NFIP at: (800) 638–6620.

FOR FURTHER INFORMATION CONTACT:

Mike Grimm, Mitigation Division, 500 C 

Street, SW.; Room 412, Washington, DC 

20472, (202) 646–2878.

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

measures aimed at protecting lives and 

new construction from future flooding. 

Since the communities on the attached 

list have recently entered the NFIP, 

subsidized flood insurance is now 

available for property in the community. 

In addition, the Federal Emergency 

Management Agency has identified the 

special flood hazard areas in some of 

these communities by publishing a 

Flood Hazard Boundary Map (FHBM) or 

Flood Insurance Rate Map (FIRM). The 

date of the flood map, if one has been 

published, is indicated in the fourth 

column of the table. In the communities 

listed where a flood map has been 

published, Section 202 of the Flood 

Disaster Protection Act of 1973, as 

amended, 42 U.S.C. 4016(a), requires 

the purchase of flood insurance as a 

condition of Federal or federally related 

financial assistance for acquisition or 

construction of buildings in the special 

flood hazard areas shown on the map. 

The Administrator finds that delayed 

effective dates would be contrary to the 

public interest and that notice and 

public procedure under 5 U.S.C. 553(b) 

are impracticable and unnecessary. 

National Environmental Policy Act.

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities in accordance with the 

Regulatory Flexibility Act, 5 U. S. C. 601 

et seq., because the rule creates no 

additional burden, but lists those 

communities eligible for the sale of 

flood insurance. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq.

Executive Order 12612, Federalism.

This rule involves no policies that have 

federalism implications under Executive 

Order 12612, Federalism, October 26, 

1987, 3 CFR, 1987 Comp., p. 252. 

Executive Order 12778, Civil Justice 

Reform. This rule meets the applicable 

standards of section 2(b)(2) of Executive 

Order 12778, October 25, 1991, 56 FR 

55195, 3 CFR, 1991 Comp., p. 309.

List of Subjects in 44 CFR Part 64. 

Flood insurance, Floodplains.

■ Accordingly, 44 CFR part 64 is 

amended as follows:

PART 64—[AMENDED]

■ 1. The authority citation for Part 64 

continues to read as follows: