77642 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 

* * * * *

[FR Doc. 04–28191 Filed 12–27–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2004–DC–0006; FRL–7854–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; VOC Emission Standards 

for Consumer Products

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

District of Columbia State 

Implementation Plan (SIP). The 

revisions pertain to the volatile organic 

compound (VOC) emission standards 

for consumer products used or sold in 

the District of Columbia. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act (CAA or the Act).

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–0006 by one of the following 

methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line 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–0006, 

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–0006. 

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 

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: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: On April 

16, 2004, the District of Columbia (the 

District) submitted several revisions to 

its SIP. The SIP revisions include both 

new regulations and amendments to 

Title 20 of the District of Columbia 

Municipal Regulations (20 DCMR). The 

new regulations in Title 20 DCMR 

(Environment), Subtitle A: Air Quality, 

Chapter 7, Volatile Organic Compounds 

are:

(1) New Section 718—‘‘Mobile 

Equipment Repair and Refinishing’’. 

(2) New Sections 719 through 734—

‘‘Consumer Products’’. 

(3) New Sections 735 through 741—

‘‘Portable Fuel Containers and Spouts’’. 

(4) New Sections 742 through 748—

‘‘Solvent Cleaning’’. 

(5) New Sections 749 through 754—

‘‘Architectural and Industrial 

Maintenance Coating’’. 

The April 16, 2004 submittal also 

includes new definitions that were 

added in section 799, a new section 307 

to Chapter 3—to provide for a fee 

penalty pursuant to section 185 of the 

Act, and amendments to Chapters 1, 2, 

6, 7, and 8 to satisfy the Act’s 

requirements for severe ozone 

nonattainment areas pursuant to the 

Metropolitan Washington DC 1-hour 

ozone nonattainment area’s 

reclassification on January 24, 2003 

from serious to severe nonattainment. 

On September 20, 2004, the District 

supplemented its April 16, 2004 

submittal. This supplemental submittal 

provides copies of standards that are 

incorporated by reference in the 

District’s new and amended regulations 

and a copy of the District’s responses to 

comments it received during its rule 

adoption process. On November 26, 

2004, the District submitted another 

supplemental revision to its April 16, 

2004 submittal. This supplemental 

submittal consists of revised versions of 

the new VOC regulations. These are 

minor revisions to the regulations which 

clarify the standards that are 

incorporated by reference and correct 

cross-referencing and typographical 

errors. This action concerns only 

sections 719 through 734 (Consumer 

Products) and revised section 799 

containing the associated definitions for 

the District’s consumer products rule. 

The remaining SIP revisions submitted 

on April 16, 2004 and supplemented on 

September 20, 2004 and November 26, 

2004 are the subjects of separate 

rulemaking actions. 

I. Background 

As stated previously, this approval 

pertains only to the District’s 

regulations for consumer products. The 

standards and requirements contained 

Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 77643

in the District’s consumer products rule 

are based on the Ozone Transport 

Commission (OTC) model rule. The 

OTC developed control measures into 

model rules for a number of source 

categories. The OTC consumer products 

model rule is based on the existing rules 

developed by the California Air 

Resources Board, which were analyzed 

and modified by the OTC workgroup to 

address VOC reduction needs in the 

Ozone Transport Region (OTR). 

II. Summary of SIP Revision 

The District’s consumer products rule 

(sections 719 through 734) applies to 

any person who sells, supplies, offers 

for sale, or manufactures consumer 

products on or after January 1, 2005 for 

use in the District. The rule sets specific 

VOC content limits in percent VOCs by 

weight for consumer products with a 

compliance date of January 1, 2005. 

Exemptions from the VOC content 

limits are listed in the rule. The rule 

also contains requirements for the 

following consumer products: (1) 

Products requiring dilution, (2) ozone 

depleting compounds, (3) aerosol 

adhesives, (4) antiperspirants or 

deodorants, (5) charcoal lighter 

materials, and (6) floor wax strippers. 

Alternative control plans (ACP) are also 

provided by allowing responsible 

parties the option to voluntarily enter 

into separate ACP agreements for the 

consumer products mentioned above. 

Criteria for innovative products 

exemption and requirements for 

variance requests are listed in the rule. 

In addition, the rule contains 

administrative requirements for labeling 

and reporting as well as test methods for 

demonstrating compliance. The test 

methods used to test coatings must be 

the most current approved method at 

the time testing is performed. 

III. Final Action 

EPA is approving revisions to the 

District of Columbia SIP to establish a 

regulation for the control of VOC 

emissions from consumer products. The 

implementation of this rule will result 

in the reduction of VOC emissions from 

consumer products in the District of 

Columbia. 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. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment.

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 

(Pub. L. 104–4). This rule also does not 

have tribal implications because it 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 

77644 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 

postpone the effectiveness of such rule 

or action. This action pertaining to the 

District of Columbia’s consumer 

products rule may not be challenged 

later in proceedings to enforce its 

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Ozone, Reporting and 

recordkeeping requirements, 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 adding the 

following entries to ‘‘District of 

Columbia Municipal Regulations 

(DCMR), Title 20—Environment, 

Chapter 7—Volatile Organic 

Compounds’’:

■ a. Adding entries for Section 719 

through Section 734.

■ b. Adding a new entry for Section 799 

after the existing entry for Section 799. 

The added entries read as follows:

§ 52.470 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED REGULATIONS IN THE DISTRICT OF COLUMBIA SIP 

State citation Title/subject State effective date EPA approval date Additional explanation 

District of Columbia Municipal Regulations (DCMR), Title 20—Environment

* * * * * * * 

Chapter 7—Volatile Organic Compounds

* * * * * * * 

Section 719 ............................ Consumer Products—General 

Requirements.

04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 720 ............................ Consumer Products—VOC 

Standards.

04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 721 ............................ Consumer Products—Exemptions from VOC Standards.04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 722 ............................ Consumer Products—Registered Under FIFRA.04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 723 ............................ Consumer Products—Products Requiring Dilution.04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 724 ............................ Consumer Products— Ozone 

Depleting Compounds.

04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 725 ............................ Consumer Products—Aerosol 

Adhesives.

04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 726 ............................ Consumer Products—Antiperspirants or Deodorants.04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 727 ............................ Consumer Products—Charcoal Lighter Materials.04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 728 ............................ Consumer Products—Floor 

Wax Strippers.

04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 729 ............................ Consumer Products—Labeling of Contents.04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 730 ............................ Consumer Products—Reporting Requirements.04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 731 ............................ Consumer Products—Test 

Methods.

04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 732 ............................ Consumer Products—Alternative Control Plans.04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Section 733 ............................ Consumer Products—Innovative Products Exemption.04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 77645

EPA-APPROVED REGULATIONS IN THE DISTRICT OF COLUMBIA SIP—Continued

State citation Title/subject State effective date EPA approval date Additional explanation 

Section 734 ............................ Consumer Products—Variance Requests.04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

* * * * * * * 

Section 799 ............................ Definitions ............................... 04/16/04, 11/26/04 ................. 12/28/04 [Insert page 

number where the 

document begins].

* * * * * * * 

* * * * *

[FR Doc. 04–28193 Filed 12–27–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[RME R03–OAR–2004–DC–0002; FRL–7855–

1] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Approval of Minor 

Clarifications to Municipal Regulations

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

District of Columbia State 

Implementation Plan (SIP). The 

revisions include minor changes to 

clarify that the allowable emission rates 

for particulates and nitrogen oxides 

(NOX) are expressed in pounds of 

pollutant per million BTUs (lbs/

MMBTUs) of heat input in District of 

Columbia Municipal Regulations 

(DCMRs). This action is being taken in 

accordance with the Clean Air Act 

(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–0002 by one of the following 

methods: 

A. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line 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–0002, 

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–0002. 

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 

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 

The District of Columbia submitted 

SIP revisions on April 16, 2004 

pertaining to changes necessary to meet 

the more stringent requirements of 

section 182(d) of the CAA and to make 

certain clarifications. This action 

pertains to changes made to previously 

SIP-approved Sections 600.1 and 805.5 

of Title 20 of the DCMRs to clarify that 

the allowable emission rates for 

particulates and NOX are expressed in 

pounds of pollutant per million BTUs 

(lbs/MMBTUs).