[Federal Register: December 28, 2004 (Volume 69, Number 248)]
[Rules and Regulations]
[Page 77642-77645]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de04-10]
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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.
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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 previously-listed 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
[[Page 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
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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.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
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
0
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'':
0
a. Adding entries for Section 719 through Section 734.
0
b. Adding a new entry for Section 799 after the existing entry for
Section 799.
The added entries read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the District of Columbia SIP
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State citation Title/subject State effective date EPA approval date Additional explanation
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District of Columbia Municipal Regulations (DCMR), Title 20--Environment
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* * * * * * *
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Chapter 7--Volatile Organic Compounds
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* * * * * * *
Section 719........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
General Requirements. where the document begins].
Section 720........................ Consumer Products--VOC 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Standards. where the document begins].
Section 721........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Exemptions from VOC where the document begins].
Standards.
Section 722........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Registered Under where the document begins].
FIFRA.
Section 723........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Products Requiring where the document begins].
Dilution.
Section 724........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Ozone Depleting where the document begins].
Compounds.
Section 725........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Aerosol Adhesives. where the document begins].
Section 726........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Antiperspirants or where the document begins].
Deodorants.
Section 727........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Charcoal Lighter where the document begins].
Materials.
Section 728........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Floor Wax Strippers. where the document begins].
Section 729........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Labeling of Contents. where the document begins].
Section 730........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Reporting where the document begins].
Requirements.
Section 731........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Test Methods. where the document begins].
Section 732........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Alternative Control where the document begins].
Plans.
Section 733........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Innovative Products where the document begins].
Exemption.
[[Page 77645]]
Section 734........................ Consumer Products-- 04/16/04, 11/26/04.... 12/28/04 [Insert page number
Variance Requests. where the document begins].
------------------------------------
* * * * * * *
Section 799........................ Definitions........... 04/16/04, 11/26/04.... 12/28/04 [Insert page number
where the document begins].
* * * * * * *
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[FR Doc. 04-28193 Filed 12-27-04; 8:45 am]
BILLING CODE 6560-50-P