77906 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued

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

explanation 

Section 736 ................ Portable Fuel Containers and 

Spouts— Performance Standards.

4/16/04; 11/26/04 ....... 12/29/04 [Insert page number 

where the document begins].

Section 737 ................ Portable Fuel Containers and 

Spouts—Exemptions From 

Performance.

4/16/04; 11/26/04 ....... 12/29/04 [Insert page Standards 

number where the document 

begins].

Section 738 ................ Portable Fuel Containers and 

Spouts—Labeling Requirements.

4/16/04; 11/26/04 ....... 12/29/04 [Insert page number 

where the document begins].

Section 739 ................ Portable Fuel Containers and 

Spouts—Testing Procedures.

4/16/04; 11/26/04 ....... 12/29/04 [Insert page number 

where the document begins].

Section 740 ................ Portable Fuel Containers and 

Spouts—Innovative Product 

Exemption.

4/16/04; 11/26/04 ....... 12/29/04 [Insert page number 

where the document begins].

Section 741 ................ Portable Fuel Containers and 

Spouts—Variance.

4/16/04; 11/26/04 ....... 12/29/04 [Insert page number 

where the document begins].

* * * * * * * 

Section 799 ................ Definitions .................................... 4/16/04; 11/26/04 ....... 12/29/04 [Insert page number 

where the document begins].

* * * * * * * 

* * * * *

[FR Doc. 04–28353 Filed 12–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2004–DC–0005; FRL–7853–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; VOC Emission Standards 

for Solvent Cleaning

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

District of Columbia State 

Implementation Plan (SIP). The revision 

establishes regulations for the control of 

volatile organic compound (VOC) 

emissions from solvent cleaning 

operations in the District of Columbia 

(the District). EPA is approving this 

revision to the District of Columbia SIP 

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 28, 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–0005 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: 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–0005. 

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 websites 

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 email 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, 

Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 77907

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:

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. 

On April 16, 2004, the District of 

Columbia (the District) submitted 

revisions to its SIP, including a 

regulation to control emissions from 

solvent cleaning operations. The 

standards and requirements contained 

in the District’s regulation for solvent 

cleaning 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 solvent 

cleaning 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 April 16, 2004 SIP 

revision includes 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 Product’’. 

(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 

Districts’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 742 through 748—Solvent 

Cleaning and revised section 799 

containing the associated definitions for 

the solvent cleaning regulation. 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. 

The District’s solvent cleaning rule 

(sections 742 through 748) applies to 

any person who sells, supplies, offers 

for sale, or manufactures any solvent on 

or after January 1, 2005 for use in the 

District of Columbia. The regulation 

applies to all cold cleaning machines, 

batch vapor cleaning machines, in-line 

vapor cleaning machines, and airless 

and air-tight cleaning machines that 

process metal parts. The District’s 

regulations for solvent cleaning include 

definitions, emission standards, 

equipment requirements, operating 

procedures, compliance requirements, 

and monitoring and recordkeeping 

requirements. 

III. Final Action 

EPA is approving a revision to the 

District of Columbia SIP to establish a 

regulation for the control of VOC 

emissions from solvent cleaning. 

Implementation of this VOC control 

measure strengthens the SIP, and results 

in emission reductions 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 28, 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 

(Public Law 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 

77908 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 

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 the District of 

Columbia’s solvent cleaning regulations 

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, 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 § 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 742 

through Section 748. 

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 DISTRICT OF COLUMBIA REGULATIONS

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 742 ................ Solvent Cleaning—General Requirements.

4/16/04; 11/26/04 ....... [12/29/04 and Federal Register 

date citation].

Section 743 ................ Solvent Cleaning—Cold Cleaning 4/16/04; 11/26/04 ....... [12/29/04 and Federal Register 

date citation].

Section 744 ................ Solvent Cleaning—Batch Vapor 

Cleaning.

4/16/04; 11/26/04 ....... [12/29/04 and Federal Register 

date citation].

Section 745 ................ Solvent Cleaning—In-Line Vapor 

Cleaning.

4/16/04; 11/26/04 ....... [12/29/04 and Federal Register 

date citation].

Section 746 ................ Solvent Cleaning—Airless and 

Air-Tight Cleaning.

4/16/04; 11/26/04 ....... [12/29/04 and Federal Register 

date citation].

Section 747 ................ Solvent Cleaning—Alternative 

Compliance.

4/16/04; 11/26/04 ....... [12/29/04 and Federal Register 

date citation].

Section 748 ................ Solvent Cleaning—Recordkeeping and Monitoring.4/16/04; 11/26/04 ....... [12/29/04 and Federal Register 

date citation].

* * * * * * * 

Section 799 ................ Definitions .................................... 4/16/04; 11/26/04 ....... [12/29/04] [Insert page number 

where the document begins].

* * * * * * * 

Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 77909

* * * * *

[FR Doc. 04–28355 Filed 12–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2004–VA–0004; FRL–7853–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Excess Volatile Organic Compound 

and Nitrogen Oxides Emissions Fee 

Rule

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia’s (Virginia) 

State Implementation Plan (SIP) for 

ozone. The rule requires major 

stationary sources of volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX) in the Virginia portion of the 

Metropolitan Washington D.C. Severe 

Ozone Nonattainment Area to pay a fee 

to the state if the area fails to attain the 

one-hour national ambient air quality 

standard for ozone by November 15, 

2005. The fee must be paid beginning in 

2006, and in each calendar year 

thereafter, until the area is redesignated 

to attainment for the pollutant ozone. 

Virginia submitted this rule on April 19, 

2004, pursuant to the requirements of 

Section 110 of the Clean Air Act.

DATES: This rule is effective on February 

28, 2005 without further notice, unless 

EPA receives adverse written comment 

by January 28, 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–VA 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–VA, 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–VA. 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 websites 

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 email 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 material to be incorporated by 

reference are available at the Air and 

Radiation Docket and Information 

Center, U.S. Environmental Protection 

Agency, 1301 Constitution Avenue, NW, 

Room B108, Washington, DC 20460. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT:

Catherine L. Magliocchetti, (215) 814–

2174, or by e-mail at 

magliocchetti.catherine@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’

‘‘us,’’ and ‘‘our’’ refer to EPA. This 

supplementary information is organized 

as follows.

Table of Contents 

I. What Final Action Is EPA Taking? 

II. Who Has To Pay These Fees? 

III. How Are the Fees Calculated? 

IV. Is Virginia Required To Adopt an Excess 

Emission Fee Rule? 

V. What Are the Exceptions to this Rule? 

VI. What Impact Do Virginia’s Privilege and 

Immunity Statutes Have on This Rule? 

VII. Statutory and Executive Order Reviews

I. What Final Action Is EPA Taking? 

EPA is approving a revision to 

Virginia’s ozone SIP. The SIP revision 

requires major stationary sources of 

VOC and NOX in the Virginia portion of 

the Metropolitan Washington D.C. 

Severe Ozone Nonattainment Area 

(Area) to pay a fee to the 

Commonwealth if the Area fails to attain 

the national ambient air quality 

standard (NAAQS) for ozone by 

November 15, 2005. The fee must be 

paid beginning in 2006 and in each 

calendar year thereafter, until the Area 

is redesignated to attainment for ozone. 

The payment is due by August 31 of 

each year. 

We are approving this rule because it 

is consistent with the requirements of 

the Clean Air Act (Act). 

EPA is publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipates no adverse comment, since 

no comments were received during the 

state’s regulatory process. However, in 

the ‘‘Proposed Rules’’ section of today’s 

Federal Register, we are 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 

28, 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