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).

77646 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 

II. Summary of SIP Revision 

The April 16, 2004 SIP submittal 

requested approval of revisions to 

portions of the regulations in the 20 

DCMR Chapters 6 and 8. The federally 

approved SIP version of these DCMRs 

correctly prescribes allowable 

particulate and NOX emission rates in 

pounds of pollutant per million BTUs of 

heat input. However, some confusion 

has arisen from how these allowable 

emission rates actually appear in the 

current SIP version of the regulations. 

For example, one such limit for 

particulate emissions is expressed as 

follows: thirteen hundredths (0.13) 

pounds per million BTU of heat input. 

While not incorrect, this has led to the 

allowable emission rate being 

abbreviated and then interpreted as 0.13 

ppm, which is parts per million, rather 

than as 0.13lbs/MMBTUs. The revised 

language clarifies all of the allowable 

emission rates for particulates and NOX, 

respectively, in 20 DCMR Sections 600.1 

and 805.5 to avoid this confusion. For 

example, the clarified version of the 

previously referenced particulate 

emission limit now reads as follows: 

thirteen hundredths pounds (0.13 lb) 

per million BTU of heat input. By 

expressing the allowable emission limits 

in this fashion, they will properly be 

abbreviated and correctly interpreted in 

lbs/MMBTUs. These revisions to clarify 

20 DCMR Chapters 6 and 8 do not affect 

the stringency of these previously SIPapproved regulations. 

III. Final Action 

EPA is approving revisions to 

Sections 600.1 and 805.5 of 20 DCMR to 

clarify how the allowable emission rates 

for particulates and NOX are expressed. 

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 

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 minor 

clarifications to the allowable emissions 

rates for particulates and NOX such that 

they are clearly expressed in pounds of 

pollutant per million BTUs (lbs/

MMBTUs) 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, 

organic compounds.

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