[Federal Register: December 28, 2004 (Volume 69, Number 248)]
[Rules and Regulations]
[Page 77645-77647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de04-11]
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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.
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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
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 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-
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 e-
mail 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).
[[Page 77646]]
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 SIP-approved
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.
[[Page 77647]]
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 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:
Sec. 52.470 Identification of plan.
* * * * *
(c) EPA-approved regulations.
EPA-Approved District of Columbia Regulations
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State Additional
State citation Title/subject effective date EPA approval date explanation
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Chapter 6 Particulates
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Section 600.................... Fuel-Burning 4/16/04 12/28/04 [Insert Revision to
Particulate Emissions. page number where paragraph 600.1.
the document
begins].
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Chapter 8 Asbestos, Sulfur and Nitrogen Oxides
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* * * * * * *
Section 805.................... Nitrogen Oxides........ 4/16/04 12/28/04 [Insert Revision to
page number where paragraph
the document 805.5(b) and (c)
begins].
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[FR Doc. 04-28195 Filed 12-27-04; 8:45 am]
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