[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Rules and Regulations]
[Pages 70895-70897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26939]


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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: [email protected]
    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 [email protected].

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