[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Proposed Rules]
[Pages 9648-9650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02920]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0965; FRL-9778-9]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Volatile Organic Compounds Emissions Reductions 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the District of 
Columbia (District) State Implementation Plan (SIP) submitted by the 
District Department of the Environment (DDOE) on March 15, 2012. These 
SIP revisions consist of amendments to Chapters 1 and 7 of Title 20 
(Environment) of the District of Columbia Municipal Regulations (DCMR) 
for the Control of Volatile Organic Compounds (VOC) to meet the 
requirement to adopt reasonably available control technology (RACT) for 
sources as recommended by the Ozone Transport Commission (OTC) model 
rules and EPA's Control Techniques Guidelines (CTG) standards. On 
January 26, 2010 and March 24, 2011, DDOE submitted negative 
declarations to EPA for the following VOC source categories: Auto and 
Light-duty Truck Assembly Coatings, Fiberglass Boat Manufacturing 
Materials, Paper, Film and Foil Coatings, and Flatwood Paneling. EPA 
also proposes to approve the negative declarations. This action is 
being taken under the CAA.

DATES: Written comments must be received on or before March 13, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0965 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2012-0965, Donna Mastro, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. 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 Docket ID No. EPA-R03-OAR-
2012-0965. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, 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 www.regulations.gov or email. The 
www.regulations.gov Web

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site is 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 email comment directly to EPA without 
going through www.regulations.gov, your email 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 
www.regulations.gov index. 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 www.regulations.gov 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. Department of the Environment, Air 
Quality Division, 1200 1st Street NE., 5th floor, Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. EPA Action
II. Background and Description of the District's SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Review

I. EPA Action

    EPA is proposing to approve revisions to the District's SIP which 
were submitted by DDOE on January 26, 2010, March 24, 2011 and March 
15, 2012. The SIP revision submittals consist of amendments to the 
District's regulations to impose the VOC RACT requirements as 
recommended by OTC's model rules for consumer products, adhesives and 
sealants, architectural and industrial maintenance, portable fuel 
containers and spouts, and solvent cleaning and also include VOC RACT 
requirements consistent with EPA's CTGs for flexible packaging and 
printing, large appliance coatings, metal furniture coatings, and 
miscellaneous metal products and plastic parts coatings, lithographic 
and letterpress printing, miscellaneous industrial adhesives, and 
industrial cleaning solvents. Specifically, DDOE has amended 20 DCMR 
Chapters 1 and 7 to impost RACT and reduce further VOC emissions in the 
District. These amendments reflect technology developments and expand 
VOC emission controls, as well as reflect the RACT requirements in 
EPA's CTGs and the recommended control requirements of the OTC model 
rules. EPA is also proposing to approve the negative declarations 
submitted for Auto and Light-duty Truck Assembly Coatings, Fiberglass 
Boat Manufacturing Materials, Paper, Film and Foil Coatings, and 
Flatwood Paneling because EPA agrees with the DDOE's declaration that 
no sources for these categories are located in the District.

II. Background and Description of the District's SIP Revision

    The Washington Metropolitan Area, which includes the District, is 
designated nonattainment for the 2008 eight-hour national ambient air 
quality standards (NAAQS) for ozone. As a result, the District is 
required to adopt measures to reduce ozone levels, including precursor 
emissions of VOCs. The standards and requirements contained in the 
District's regulations to reduce VOCs and precursors of ozone 
incorporate the level of control recommended in the OTC model rules. 
The OTC model rules are based on the existing rules developed by the 
1998 California Air Resources Board (CARB) RACT determination. 
Implementing the model rules will result in VOC emission reductions in 
VOC at least as stringent as any applicable CTGs and will support 
attainment demonstrations and reductions in ground-level ozone.
    In addition to adopting RACT regulations consistent with the level 
of control recommended by the OTC model rules, the District also 
adopted VOC RACT regulations consistent with the requirements of 
several CTGs published by EPA. Section 172(c)(1) of the CAA provides 
that SIPs for nonattainment areas must include reasonably available 
control measures (RACM), including RACT, for sources of emissions. 
Section 182(b)(2)(A) provides that for certain nonattainment areas, 
states must revise their SIP to include RACT for sources of VOC 
emissions covered by a CTG document issued after November 15, 1990 and 
prior to the area's date of attainment. EPA defines RACT as ``the 
lowest emission limitation that a particular source is capable of 
meeting by the application of control technology that is reasonably 
available considering technological and economic feasibility.'' 44 FR 
53761 (Sept. 17, 1979). In subsequent Federal Register notices, EPA has 
addressed how states can meet the RACT requirements of the CAA.
    CTGs are documents issued by EPA intended to provide state and 
local air pollution control authorities information that should assist 
them in determining RACT for VOC from various sources. In either case, 
states must submit their RACT rules to EPA for review and approval as 
SIP revisions. Implementing EPA's CTGs will reduce emissions of VOC 
from source categories and help the District attain and maintain the 
NAAQS for ozone.
    On January 26, 2010, March 24, 2011 and March 15, 2012, DDOE 
submitted SIP revisions consisting of negative declarations for certain 
VOC source categories and VOC RACT regulations consistent with the 
recommendations contained in the OTC's model rules and EPA's CTGs for 
the control of VOC from various VOC source categories. The District has 
revised the following sections of 20 DCMR Chapters 1 and 7 to impose 
RACT: section 100, ``Purpose, Scope, And Construction,'' section 199, 
``Definitions and Abbreviations,'' section 700, ``Miscellaneous 
Volatile Organic Compounds,'' section 707, ``Perchloroethylene Dry 
Cleaning,'' section 708, ``Solvent Cleaning,'' section 710, ``Intaglio, 
Flexographic, And Rotogravure Printing,'' section 714, ``Controls And 
Prohibitions on Gasoline Volatility,'' section 715, ``Reasonably 
Available Control Technology,'' section 716, ``Offset Lithography,'' 
sections 719 to 737, ``Consumer Products,'' sections 743 to 749, 
``Adhesives and Sealants,'' sections 751 to 758, ``Portable Fuel 
Containers And Spouts (currently SIP sections 735 through 741),'' 
sections 763 to 769, ``Solvent Cleaning (currently SIP sections 742 
through 748),'' section 770, ``Miscellaneous Industrial Solvent 
Cleaning Operations,'' section 771, ``Miscellaneous Cleaning And VOC 
Materials Handling Standards,'' sections 773 to 778, ``Architectural 
And Industrial Maintenance Coating (currently SIP sections 749 through 
754),'' and section 799, ``Definitions.'' A more complete explanation 
of the changes and EPA's analysis of the changes, are contained in the 
technical

[[Page 9650]]

support document (TSD) prepared in support of this proposed rulemaking. 
A copy of this TSD is located in the docket of this proposed 
rulemaking.

III. Proposed Action

    EPA is proposing to approve the District of Columbia's SIP 
revisions submitted on January 26, 2010, March 24, 2011 and March 15, 
2012, adopting VOC RACT requirements for various source categories. EPA 
is also proposing to approve the District's negative declarations 
pursuant to section 182(b)(2)(A) of the CAA for those CTG categories 
where no sources are located in the District. 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 the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to District's 
amendments to regulations for the control of VOCs, does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds.

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

    Dated: January 29, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-02920 Filed 2-8-13; 8:45 am]
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