[Federal Register Volume 69, Number 247 (Monday, December 27, 2004)]
[Proposed Rules]
[Pages 77149-77150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28200]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2004-DC-0007; FRL-7854-9]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; VOC Emission Standards for AIM Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the District of Columbia (the District). This 
revision pertains to the volatile organic compound (VOC) emission 
standards for architectural and industrial maintenance (AIM) coatings 
in the District. This action is being taken under the Clean Air Act 
(CAA or the Act).

DATES: Written comments must be received on or before January 26, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2004-DC-0007 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: [email protected].
    D. Mail: R03-OAR-2004-DC-0007, 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-
0007. 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 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 [email protected].

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, 2004 
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 proposed 
action concerns only new sections 749 through 754 (AIM Coatings) and 
revised section 799 containing the associated definitions for the 
District's AIM coatings 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 proposed approval pertains only to the 
District's regulations for AIM coatings. The standards and requirements 
contained in the District's AIM coatings 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 
AIM coatings 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

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address VOC reduction needs in the Ozone Transport Region (OTR).

II. Summary of SIP Revision

    The District's AIM coatings rule (sections 749 through 754) applies 
to any person who supplies, sells, offers for sale, or manufactures, 
applies or solicits the application of any AIM coating on or after 
January 1, 2005 within the District. The rule does not apply to the 
following: (1) Any AIM coating that is sold or manufactured for use 
outside of the District, or for shipment to other manufacturers for 
reformulation or repackaging; (2) any aerosol coating product; or (3) 
any architectural coating that is sold in a container with a volume of 
one liter (1.057 quarts) or less. The rule sets specific VOC content 
limits, in grams per liter, for AIM coating categories with a 
compliance date of January 1, 2005. The rule contains administrative 
requirements for labeling and reporting as well as text 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. Proposed Action

    EPA is proposing to approve a revision to the District of Columbia 
SIP to establish a regulation for the control of emissions from AIM 
coatings (sections 749 through 754), and also section 799 containing 
the associated definitions for the AIM coatings rule. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 proposed rule also does 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), nor will it 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), because it 
merely proposes to approve 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 
proposed rule also is not subject to Executive Order 13045 (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. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order.
    This proposed rule pertaining to the District of Columbia's AIM 
coatings 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 14, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 04-28200 Filed 12-23-04; 8:45 am]
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