[Federal Register: December 8, 2004 (Volume 69, Number 235)]
[Rules and Regulations]
[Page 70895-70897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de04-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2004-PA-0004; FRL-7845-1]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC Requirements for Consumer Products
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
Pennsylvania State Implementation Plan (SIP). The revisions pertain to
new control requirements to reduce volatile organic compounds (VOCs)
from consumer products. EPA is approving these revisions in accordance
with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on February 7, 2005 without further
notice, unless EPA receives adverse written comment by January 7, 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-PA-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: morris.makeba@epa.gov
D. Mail: R03-OAR-2004-PA-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-PA-
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 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, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.
[[Page 70896]]
Copies of material to be incorporated by reference are available at the
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 1301 Constitution Avenue, NW., Room B108,
Washington, DC 20460. Copies of the State submittal are available at
the Pennsylvania Department of Environmental Protection, Bureau of Air
Quality, PO Box 8468, 400 Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT: Cristina Fernandez, (215) 814-2178, or
by e-mail at fernandez.cristina@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In December 1999, EPA identified emission reduction shortfalls in
several severe 1-hour ozone nonattainment areas, including those
located in the Ozone Transport Region (OTR). States were required areas
to address the shortfalls in those areas. The Ozone Transport
Commission (OTC) developed model rules to for a number of source
categories. One of the model rules is to reduce VOC emissions from
consumer products. The OTC model rules are based on existing rules
developed by the California Air Resources Board (CARB), which were
analyzed and modified by OTC-formed workgroups to address emission
reduction needs in the OTR. Adoption and implementation of these model
rules by the OTR member states is intended to attain and maintain the
1-hour ozone standard and reduce 8-hour ozone levels.
II. Summary of SIP Revision
On March 26, 2003, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a formal revision to its SIP. The SIP
revision consists of new regulation Chapter 130, Subchapter B. Consumer
Products, Sections 130.201-130.202, Sections 130.211 through 130.216,
Sections 130.331 through 130.337, Sections 130.351-130.352, Sections
130.371 through 130.373, Sections 130.391-130.392, Sections 130.411
through 130.414, Section 130.431, Sections 130.451 through 130.465, and
Section 130.471. This regulation applies statewide to any person who
sells, supplies, offers for sale, or manufactures consumer products on
or after January 1, 2005, for use in the Commonwealth of Pennsylvania.
This rule includes general provisions, VOC standards, provisions for
exemptions, provisions for innovative products, administrative
requirements, reporting requirements, provisions for variances, test
methods, and provisions for alternative control plans for consumer
products.
III. Final Action
EPA is approving a new Pennsylvania regulation, Chapter 130,
Subchapter B. Consumer Products as a SIP strengthening measure. The
Pennsylvania Consumer Products regulation's VOC limits are all either
as stringent or more stringent than the Federal Consumer Products
regulation, and are, therefore, approvable. Implementation of this rule
will result in statewide emission reductions, and will help the
Philadelphia-Wilmington-Trenton ozone nonattainment area attain the 1-
hour ozone standard.
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 7, 2005 without further
notice unless EPA receives adverse comment by January 7, 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.
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 (Pub. L. 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
[[Page 70897]]
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 7, 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 Pennsylvania VOC control
requirements for consumer products 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 24, 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 NN--Pennsylvania
0
2. Section 52.2020 is amended by adding paragraph (c)(230) to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(230) Revisions pertaining to the control of volatile organic
compound emissions from consumer products submitted on March 26, 2003
by the Pennsylvania Department of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of March 26, 2003 from the Pennsylvania Department of
Environmental Protection transmitting Pennsylvania's consumer products
regulations.
(B) 25 PA Code Chapter 130 Subchapter B. Consumer Products,
effective on October 5, 2002, consisting of Sections 130.201 and
130.202, 130.211 through 130.216, 130.331 through 130.337, 130.351 and
130.352, 130.371 through 130.373, 130.391 and 130.392, 130.411 and
130.414, 130.431, 130.451 through 130.465, and 130.471.
(ii) Additional Material. Remainder of the State submittal pertaining
to the revisions listed in paragraph (c)(230)(i) of this section.
[FR Doc. 04-26939 Filed 12-7-04; 8:45 am]
BILLING CODE 6560-50-P