[Federal Register: December 29, 2004 (Volume 69, Number 249)]
[Rules and Regulations]
[Page 77903-77906]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de04-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2004-DC-0004; FRL-7853-5]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; VOC Emission Standards for Portable Fuel
Containers and Spouts
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). Specifically, EPA
is approving new emission standards for portable fuel containers and
spouts sold, supplied, offered for sale, or manufactured for sale in
the District of Columbia (the District). EPA is approving the new
portable fuel container and spouts standards to reduce emissions of
volatile organic compounds (VOC) 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-0004 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-0004, 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-
0004. 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
[[Page 77904]]
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: Marilyn Powers, (215) 814-2308, or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 16, 2004, the District of Columbia (the District)
submitted revisions to its SIP, including a regulation to control
emissions from portable fuel containers. The standards and requirements
contained in the District's regulation for portable fuel containers and
spouts 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 portable fuel container 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 April 16, 2004 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 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 new Sections 735 through 741 (Portable Fuel Containers
and Spouts) and revised section 799 containing the associated
definitions for the Portable Fuel Containers and Spouts 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.
The standards and requirements contained in the District's portable
fuel container and spouts rule are based on the OTC model rule. The
provisions of the portable fuel containers and spouts rule will apply
to any person who sells, supplies, offers for sale, or manufactures a
portable fuel container or spout for use in the District of Columbia.
Affected persons must comply by January 1, 2005. The rule does not
apply to any portable fuel container and spout manufactured for
shipment, sale and use outside of the District of Columbia.
This regulation requires that by January 1, 2005, each portable
fuel container and spout sold in the District of Columbia meets the
following requirements: (1) Have an automatic shut-off and closure
device; (2) contain one opening for both filling and pouring; (3) meet
minimal fuel flow rate based on nominal capacity; (4) meet a permeation
standard, and (5) have a manufacturer's warranty against defects. The
District's regulation includes standards, testing procedures,
exemptions, recordkeeping requirements, and administrative
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 portable
fuel containers and spouts. Implementation of this VOC control measure
strengthens the District of Columbia 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,
[[Page 77905]]
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 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
portable fuel containers and spouts 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
Environmental protection, Air pollution control, 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 Sec. 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 735 through Section 741.
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 District of Columbia Regulations
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State effective Additional
State citation Title/subject date EPA approval date explanation
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District of Columbia Municipal Regulations (DCMR), Title 20--Environment
* * * * * * *
Chapter 7 Volatile Organic Compounds
* * * * * * *
Section 735..................... Portable Fuel 4/16/04;.......... 12/29/04 [Insert
Containers and 11/26/04.......... page number where
Spouts--General the document
Requirements. begins].
[[Page 77906]]
Section 736..................... Portable Fuel 4/16/04; 11/26/04. 12/29/04 [Insert
Containers and page number where
Spouts-- the document
Performance begins].
Standards.
Section 737..................... Portable Fuel 4/16/04; 11/26/04. 12/29/04 [Insert
Containers and page Standards
Spouts--Exemption number where the
s From document begins].
Performance.
Section 738..................... Portable Fuel 4/16/04; 11/26/04. 12/29/04 [Insert
Containers and page number where
Spouts--Labeling the document
Requirements. begins].
Section 739..................... Portable Fuel 4/16/04; 11/26/04. 12/29/04 [Insert
Containers and page number where
Spouts--Testing the document
Procedures. begins].
Section 740..................... Portable Fuel 4/16/04; 11/26/04. 12/29/04 [Insert
Containers and page number where
Spouts--Innovativ the document
e Product begins].
Exemption.
Section 741..................... Portable Fuel 4/16/04; 11/26/04. 12/29/04 [Insert
Containers and page number where
Spouts--Variance. the document
begins].
* * * * * * *
Section 799..................... Definitions....... 4/16/04; 11/26/04. 12/29/04 [Insert
page number where
the document
begins].
* * * * * * *
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[FR Doc. 04-28353 Filed 12-28-04; 8:45 am]
BILLING CODE 6560-50-P