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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R03-OAR-2007-0794; FRL-8500-6]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of VOC Emissions From Consumer Products
DATES: Effective Date: This final rule is effective on January 9, 2008.
DOCUMENT SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. This SIP revision pertains to the control of volatile organic compound (VOC) emissions from consumer products based on the 2006 Ozone Transport Commission (OTC) model rule for consumer products. Maryland's amendments to the consumer products rule include fourteen categories that are new, including subcategories with new product category definitions and VOC limits; one previously regulated category with a more restrictive VOC limit; and two previously regulated categories with additional requirements. EPA is approving this SIP revision in accordance with the Clean Air Act (CAA).
SUMMARY: Maryland,
SUPPLEMENTAL INFORMATION
I. Background On October 4, 2007 (72 FR 56707), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of amendments to the control of VOC emissions from consumer
products. The formal SIP revision (
The new categories are: (1) Adhesive remover with four subcategories: floor or wall covering, gasket or thread locking, general purpose and specialty; (2) antistatic product; (3) electrical cleaner; (4) electronic cleaner; (6) fabric refresher; (7) footwear or leather care product; (8) hair styling product that will incorporate hair styling gel and include additional forms of hair styling products (i.e.; liquid, semisolid, and pump spray) but does not include hair spray product or hair mousse; (9) graffiti remover; (10) shaving gel; (11) toilet/urinal care product; and (12) wood cleaner. The previously regulated category with a more restrictive limit is contact adhesive that has been separated into two subcategories: General purpose and special purpose. The previously regulated categories with additional requirements are air fresheners and general purpose degreasers.
The rationale for EPA's proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR.
II. Final Action
EPA is approving the amendments to the control of VOC emissions
from consumer products as a revision to the Maryland SIP. This SIP revision was submitted by MDE on June 18, 2007.
III. 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 (Pub. L. 1044). This rule also does not have tribal implications because it will
[[Page 69622]]
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 requirement, and does not alter the relationship
or the distribution of power and responsibilities established in the
CAA. 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 approves a state rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. 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 CAA. 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 8, 2008. 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 pertaining to the amendments of Maryland'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
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: November 20, 2007.
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 VMaryland
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
entries 26.11.32.01 through 26.11.32.23 and adding entries 26.11.32.24 through 26.11.32.26 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPAApproved Regulations in the Maryland SIP
Additional
Code of Maryland State explanation/
administrative regulations Title/subject effective date EPA approval date citation at 40 CFR
(COMAR) citation 52.1100
* * * * * * *
26.11.32 Control of Emissions of Volatile Organic Compound Emissions from Consumer Products
26.11.32.01................... Applicability and 06/18/07 12/10/07 [Insert
Exemptions. page number where
the document
begins].
26.11.32.02................... Incorporation by 06/18/07 12/10/07 [Insert
Reference. page number where
the document
begins].
26.11.32.03................... Definitions............. 06/18/07 12/10/07 [Insert
page number where
the document
begins].
26.11.32.04................... StandardsGeneral...... 06/18/07 12/10/07 [Insert
page number where
the document
begins].
26.11.32.05................... StandardsRequirements 08/18/03 12/09/03 68 FR (c)(185).
for Charcoal Lighter 68523. Materials.
26.11.32.06................... StandardsRequirements 06/18/07 12/10/07 [Insert
for Aerosol Adhesives. page number where
the document
begins].
26.11.32.07................... StandardsRequirements 08/18/03 12/09/03 68 FR (c)(185).
for Floor Wax Strippers. 68523. [[Page 69623]]
26.11.32.08................... Requirements for Contact 06/18/07 12/10/07 [Insert New Regulation.
Adhesives, Electronic page number where
Cleaners, Footwear, or the document
Leather Care Products, begins]. and General Purpose
Cleaners.
26.11.32.09................... Requirements for 06/18/07 12/10/07 [Insert New Regulation.
Adhesive Removers, page number where
Electrical Cleaners, the document
and Graffiti Removers. begins].
26.11.32.10................... Requirements for Solid 06/18/07 12/10/07 [Insert New Regulation.
Air Fresheners and page number where
Toilet and Urinal Care the document
Products. begins].
26.11.32.11................... Innovative Products 06/18/07 12/10/07 [Insert Recodification of
CARB Exemption. page number where existing
the document Regulation .08.
begins].
26.11.32.12................... Innovative Products 06/18/07 12/10/07 [Insert Recodification of
Department Exemption. page number where existing
the document Regulation .09.
begins].
26.11.32.13................... Administrative 06/18/07 12/10/07 [Insert Recodification of
Requirements. page number where existing.
the document
begins].
26.11.32.14................... Reporting Requirements.. 06/18/07 12/10/07 [Insert Recodification of
page number where existing
the document Regulation .11;
begins]. Amended.
26.11.32.15................... Variances............... 06/18/07 12/10/07 [Insert Recodification of
page number where existing
the document Regulation .12;
begins]. Amended.
26.11.32.16................... Test Methods............ 06/18/07 12/10/07 [Insert Recodification of
page number where existing
the document Regulation .13;
begins]. Amended.
26.11.32.17................... Alternative Control Plan 06/18/07 12/10/07 [Insert Recodification of
(ACP). page number where existing
the document Regulation .14;
begins]. Amended.
26.11.32.18................... Approval of an ACP 06/18/07 12/10/07 [Insert Recodification of
Application. page number where existing
the document Regulation .15;
begins]. Amended.
26.11.32.19................... Record Keeping and 06/18/07 12/10/07 [Insert Recodification of
Availability of page number where existing
Requested Information. the document Regulation .16.
begins].
26.11.32.20................... Violations.............. 06/18/07 12/10/07 [Insert Recodification of
page number where existing
the document Regulation .17.
begins].
26.11.32.21................... Surplus Reduction and 06/18/07 12/10/07 [Insert Recodification of
Surplus Trading. page number where existing
the document Regulation .18;
begins]. Amended.
26.11.32.22................... Limiteduse surplus 06/18/07 12/10/07 [Insert Recodification of
reduction credits for page number where existing
early formulations of the document Regulation .19;
ACP Products. begins]. Amended.
26.11.32.23................... Reconciliation of 06/18/07 12/10/07 [Insert Recodification of
Shortfalls. page number where existing
the document Regulation .20;
begins]. Amended.
26.11.32.24................... Modifications to an ACP. 06/18/07 12/10/07 [Insert Recodification of
page number where existing
the document Regulation .21;
begins]. Amended.
26.11.32.25................... Cancellation of an ACP.. 06/18/07 12/10/07 [Insert Recodification of
page number where existing
the document Regulation .22;
begins]. Amended.
26.11.32.26................... Transfer of an ACP...... 06/18/07 12/10/07 [Insert Recodification of
page number where existing
the document Regulation .23.
begins].
* * * * * * * * * * * *
[FR Doc. E723385 Filed 12707; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Rose Quinto, (215) 814-2182, or by e- mail at quinto.rose@epa.gov.
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