[Federal Register Volume 69, Number 249 (Wednesday, December 29, 2004)]
[Rules and Regulations]
[Pages 77906-77909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28355]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2004-DC-0005; FRL-7853-3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; VOC Emission Standards for Solvent Cleaning

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
District of Columbia State Implementation Plan (SIP). The revision 
establishes regulations for the control of volatile organic compound 
(VOC) emissions from solvent cleaning operations in the District of 
Columbia (the District). EPA is approving this revision to the District 
of Columbia SIP 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-0005 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: 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-
0005. 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,

[[Page 77907]]

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.

    On April 16, 2004, the District of Columbia (the District) 
submitted revisions to its SIP, including a regulation to control 
emissions from solvent cleaning operations. The standards and 
requirements contained in the District's regulation for solvent 
cleaning 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 solvent cleaning 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 April 16, 2004 SIP revision includes 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 Product''.
    (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 sections 742 through 748--Solvent Cleaning and revised 
section 799 containing the associated definitions for the solvent 
cleaning regulation. 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 District's solvent cleaning rule (sections 742 through 748) 
applies to any person who sells, supplies, offers for sale, or 
manufactures any solvent on or after January 1, 2005 for use in the 
District of Columbia. The regulation applies to all cold cleaning 
machines, batch vapor cleaning machines, in-line vapor cleaning 
machines, and airless and air-tight cleaning machines that process 
metal parts. The District's regulations for solvent cleaning include 
definitions, emission standards, equipment requirements, operating 
procedures, compliance requirements, and monitoring and recordkeeping 
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 solvent 
cleaning. Implementation of this VOC control measure strengthens the 
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, 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

[[Page 77908]]

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 solvent cleaning 
regulations 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 742 through Section 748.
    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 742.....................  Solvent Cleaning--  4/16/04; 11/26/04.  [12/29/04 and
                                   General                                 Federal Register
                                   Requirements.                           date citation].
Section 743.....................  Solvent Cleaning--  4/16/04; 11/26/04.  [12/29/04 and
                                   Cold Cleaning.                          Federal Register
                                                                           date citation].
Section 744.....................  Solvent Cleaning--  4/16/04; 11/26/04.  [12/29/04 and
                                   Batch Vapor                             Federal Register
                                   Cleaning.                               date citation].
Section 745.....................  Solvent Cleaning--  4/16/04; 11/26/04.  [12/29/04 and
                                   In-Line Vapor                           Federal Register
                                   Cleaning.                               date citation].
Section 746.....................  Solvent Cleaning--  4/16/04; 11/26/04.  [12/29/04 and
                                   Airless and Air-                        Federal Register
                                   Tight Cleaning.                         date citation].
Section 747.....................  Solvent Cleaning--  4/16/04; 11/26/04.  [12/29/04 and
                                   Alternative                             Federal Register
                                   Compliance.                             date citation].
Section 748.....................  Solvent Cleaning--  4/16/04; 11/26/04.  [12/29/04 and
                                   Recordkeeping and                       Federal Register
                                   Monitoring.                             date citation].
 
                                                  * * * * * * *
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. 04-28355 Filed 12-28-04; 8:45 am]
BILLING CODE 6560-50-P