[Federal Register Volume 69, Number 248 (Tuesday, December 28, 2004)]
[Rules and Regulations]
[Pages 77642-77645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28193]


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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: [email protected].
    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 [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, 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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                                                                      * * * * * * *
------------------------------------
                                                          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