Federal Register: December 29, 2004 (Volume 69, Number 249)
DOCID: FR Doc 04-28355
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
DOCUMENT ID: [R03-OAR-2004-DC-0005; FRL-7853-3]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY:
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; VOC Emission Standards for Solvent Cleaning
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.
DOCUMENT 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).
SUMMARY:
District of Columbia,
SUPPLEMENTAL 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 3to 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 1hour 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 crossreferencing and typographical errors. This action concerns only sections 742 through 748Solvent 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, inline vapor cleaning machines, and airless and airtight 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 preexisting 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 1044). 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.
40 CFR part 52 is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart JDistrict of Columbia
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 20Environment, Chapter 7Volatile 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) * * *
EPAApproved District of Columbia Regulations
State effective Additional
State citation Title/subject date EPA approval date explanation
District of Columbia Municipal Regulations (DCMR), Title 20Environment
* * * * * * *
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
InLine 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].
* * * * * * * [[Page 77909]]
* * * * *
[FR Doc. 0428355 Filed 122804; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Marilyn Powers, (215) 814-2308, or by email at powers.marilyn@epa.gov.