[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Rules and Regulations]
[Page 57074-57076]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no09-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0353; FRL-8979-9]
Revisions to the California State Implementation Plan, California
Air Resources Board Consumer Products Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing approval of revisions to the California Air
Resources Board portion of the California State Implementation Plan
(SIP). These revisions were proposed in the Federal Register on June
26, 2009 and concern volatile organic compound (VOC) emissions from
consumer products. We are approving State rules that regulate these
emission sources under the Clean Air Act as amended in 1990 (CAA or the
Act).
DATES: Effective Date: This rule is effective on December 4, 2009.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2009-0353 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415)
947-4122, tong.stanley@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On June 26, 2009 (74 FR 30481), EPA proposed to approve the
following regulations into the California SIP.
Table 1--Submitted Regulations
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Adopted/
Regulation Regulation title amended Submitted
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California Code of Regulations Title 17, Article 1--Antiperspirants and 05/06/2005 03/27/2008
Division 3, Chapter 1, Subchapter 8.5-- Deodorants.
Consumer Products.
California Code of Regulations Title 17, Article 2--Consumer Products.... 09/26/2007 03/27/2008
Division 3, Chapter 1, Subchapter 8.5--
Consumer Products.
California Code of Regulations Title 17, Article 3--Aerosol Coating 09/26/2007 03/27/2008
Division 3, Chapter 1, Subchapter 8.5-- Products.
Consumer Products.
California Air Resources Board--Test Method Method 310--Determination of 05/06/2005 03/27/2008
310. Volatile Organic Compounds
(VOC) in Consumer Products and
Reactive Organic Compounds in
Aerosol Coating Products.
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[[Page 57075]]
We proposed to approve the above regulations because we determined
that they complied with the relevant CAA requirements. Our proposed
action contains more information on the regulations and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period. We
received and granted a request to extend the comment period by another
30 days until August 27, 2009 (74 FR 36980, July 27, 2009). During this
period, we received one comment from the following party.
1. Michael Scheible, California Air Resources Board (CARB), letter
dated August 27, 2009 and received August 27, 2009. CARB requested that
Test Method 310 be removed from the SIP submittal and asked EPA to
continue to act on the remaining Consumer Products regulations.
III. EPA Action
Based on CARB's request to remove Test Method 310 from the SIP
submittal, we are not acting to approve the method into the SIP. EPA
has previously determined that Test Method 310 is technically adequate
to determine compliance with CARB's Consumer Products Regulations (70
FR 53590, September 13, 2005 and 40 CFR 59, subpart E).
No comments were submitted that change our assessment that the
submitted regulations comply with the relevant CAA requirements.
Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully
approving California Code of Regulations Title 17, Division 3, Chapter
1, Subchapter 8.5--Consumer Products, Articles 1, 2, and 3 into the
California SIP.
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 January 4, 2010. 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. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 23, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations 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 F--California
0
2. Section 52.220 is amended by adding paragraph (c)(365) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(365) New and amended regulations were submitted on March 27, 2008,
by the Governor's designee.
(i) Incorporation by Reference.
(A) California Air Resources Board.
(1) Barclays Official California Code of Regulations, Title 17
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board,
Subchapter 8.5 Consumer Products, Article 1 Antiperspirants and
Deodorants, amendment filed 6-20-2005, operative 7-20-2005.
(2) Barclays Official California Code of Regulations, Title 17
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board,
Subchapter 8.5 Consumer Products, Article 2 Consumer Products,
amendment filed 11-8-2007, operative 12-8-2007.
[[Page 57076]]
(3) Barclays Official California Code of Regulations, Title 17
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board,
Subchapter 8.5 Consumer Products, Article 3 Aerosol Coating Products,
amendment filed 11-8-2007, operative 12-8-2007.
[FR Doc. E9-26417 Filed 11-3-09; 8:45 am]
BILLING CODE 6560-50-P