[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Rules and Regulations]
[Page 23952-23955]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my09-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-1134; FRL-8908-1]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan; Consumer Products Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a request submitted by the Michigan
Department of Environmental Quality (MDEQ) on October 26, 2007, to
revise the Michigan State Implementation Plan (SIP). The State has
submitted revisions to two rules in Part 6, ``Emission Limitations and
Prohibitions-Existing Sources of Volatile Organic Compound (VOC)
Emissions.'' First, the State has revised R 336.1660 by adopting by
reference, with some modifications, the Ozone Transport Commission's
September 13, 2006, Model Rule (Model Rule). Second, the State has
amended R 336.1661 by adopting by reference the Federal definition of
``volatile organic compound.''
DATES: This direct final rule will be effective July 21, 2009, unless
EPA receives adverse comments by June 22, 2009. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1134, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692-2551.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77
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West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-1134. 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.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 http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web 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 e-mail comment directly to EPA without
going through http://www.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 docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Andy Chang, Environmental
Engineer, at (312) 886-0258 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-0258, chang.andy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
A. When did the State submit the requested rule revisions to
EPA?
B. Did Michigan hold public hearings for each of these rule
revisions?
II. What are the revisions that the State is requesting for
incorporation into the SIP?
A. Standards for Volatile Organic Compounds Emissions from
Consumer Products
B. Definitions for Consumer Products
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
A. When did the State submit the requested rule revisions to EPA?
MDEQ submitted the requested rule revisions on October 26, 2007.
B. Did Michigan hold public hearings for each of these rule revisions?
MDEQ held a hearing on July 19, 2007, and did not receive any
adverse comments.
II. What are the revisions that the State is requesting for
incorporation into the SIP?
The State has requested that EPA approve revisions to R 336.1660,
``Standards for VOC Emissions from Consumer Products,'' and R 336.1661,
``Definitions for Consumer Products,'' into the Michigan SIP. The
revisions are described in detail below.
A. Standards for Volatile Organic Compounds Emissions from Consumer
Products
MDEQ has requested that EPA approve into the Michigan SIP the
revision of Part 6, R 336.1660, into which the State has adopted by
reference the provisions in the Ozone Transport Commission's amended
``Model Rule for Consumer Products,'' dated September 13, 2006, with
some modifications. The modifications are related to implementation
dates that are updated from the Model Rule and include several other
minor changes.
The amended rules include: The addition of 23 product categories to
the existing 83 categories in the table of standards in R 336.1660; the
addition of sell-through of products; and the addition of requirements
for contact adhesives, electronic cleaners, footwear, or leather care
products, and general purpose degreasers. Michigan did not adopt the
sections of the Model Rule that address variances, violations, and
severability. It was not necessary for Michigan to adopt these three
specific sections of the Model Rule, as there are Michigan-specific
rules that already address these issues. Section 324.5535 of Michigan
Act 451 addresses the State's variance requirements, Sections 324.5528
and 324.5531 of Michigan Act 451 address violations, and Section
324.9122 of Michigan Act 451 provides for severability of the State's
rules.
B. Definitions for Consumer Products
MDEQ also has requested that EPA approve R 336.1661 into the
Michigan SIP which adopts by reference the Federal definition of
``volatile organic compound'' from 40 CFR 51.100. R 336.1661 contains
definitions used exclusively in R 336.1660.
III. What action is EPA taking?
We are approving revisions to the Michigan SIP in two portions of
Part 6: (1) To revise R 336.1660, ``Standards for VOC Emissions from
Consumer Products,'' in which Michigan has adopted by reference the
amended Ozone Transport Commission's Model Rule with some
modifications, and (2) to revise R 336.1661, ``Definitions for Consumer
Products,'' to define ``volatile organic compound.'' Michigan has
adopted the amended Model Rule by reference with three exceptions.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the Proposed Rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the State plan if relevant adverse
written comments are filed. This rule will be effective July 21, 2009
without further notice unless we receive relevant adverse written
comments by June 22, 2009. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA
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will not institute a second comment period, therefore, any parties
interested in commenting on this action should do so at this time. If
we do not receive any comments, this action will be effective July 21,
2009.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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 Clean Air Act; 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 rule 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.
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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 July 21, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 6, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart X--Michigan
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2. In Sec. 52.1170, the table in paragraph (c) entitled ``EPA-Approved
Michigan Regulations'' is amended by revising entries in Part 6 for ``R
336.1660'' and ``R 336.1661'' to read as follows:
Sec. 52.1170 Identification of plan.
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(c) * * *
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EPA-Approved Michigan Regulations
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EPA approval
Michigan citation Title State effective date date Comments
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Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
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* * * * * * *
R 336.1660............ Standards for October 3, 2007............. May 22, 2009
Volatile Organic [Insert page
Compounds number where
Emissions from the document
Consumer begins].
Products.
R 336.1661............ Definitions for October 3, 2007............. May 22, 2009
Consumer [Insert page
Products. number where
the document
begins].
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[FR Doc. E9-11915 Filed 5-21-09; 8:45 am]
BILLING CODE 6560-50-P