[Federal Register Volume 69, Number 249 (Wednesday, December 29, 2004)]
[Rules and Regulations]
[Pages 77903-77906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28353]


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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: [email protected].
    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 [email protected].

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