[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Rules and Regulations]
[Pages 61382-61384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21192]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R01-OAR-2005-ME-0004; A-1-FRL-7982-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Consumer Products Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maine. This revision establishes requirements 
to reduce volatile organic compound (VOC) emissions from consumer 
products. The intended effect of this action is to approve these 
requirements into the Maine SIP. EPA is taking this action in 
accordance with the Clean Air Act (CAA).

DATES: This direct final rule will be effective December 23, 2005, 
unless EPA receives adverse comments by November 23, 2005. 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 Regional Material in 
EDocket (RME) ID Number R01-OAR-2005-ME-0004 by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ Regional Material 
in EDocket (RME), EPA's electronic public docket and comment system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    3. E-mail: [email protected].
    4. Fax: (617) 918-0661.
    5. Mail: ``RME ID Number R01-OAR-2005-ME-0004,'' David Conroy, U.S. 
Environmental Protection Agency, EPA New England Regional Office, One 
Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114-2023.
    6. Hand Delivery or Courier. Deliver your comments to: David 
Conroy, Chief, Air Programs Branch, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID Number R01-OAR-2005-ME-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://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 Regional Material in EDocket (RME), regulations.gov, or e-mail. 
The EPA RME Web site and the federal regulations.gov Web site are 
``anonymous access'' systems, 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 
Regional Material in EDocket (RME) index at http://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 at the Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, One Congress Street, Suite 1100, Boston, MA. 
EPA requests that if at all possible, you contact the contact listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, 
(617) 918-1047, [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    In addition to the publicly available docket materials available 
for inspection electronically in Regional Material in EDocket, and the 
hard copy available at the Regional Office, which are identified in the 
ADDRESSES section above, copies of the state submittal and EPA's 
technical support document are also available for public inspection 
during normal business hours, by appointment at the Bureau of Air 
Quality Control, Department of Environmental Protection, First Floor of 
the Tyson Building, Augusta Mental Health Institute Complex, Augusta, 
ME 04333-0017.

II. Rulemaking Information

    This section is organized as follows:

A. What Action Is EPA Taking?
B. What Are the Requirements of Maine's New Regulation?
C. Why Is EPA Approving Maine's Regulation?
D. What Is the Process for EPA To Approve This SIP Revision?

A. What Action Is EPA Taking?

    EPA is approving Maine's Chapter 152, ``Control of Emissions of 
Volatile Organic Compounds from Consumer Products,'' and incorporating 
this regulation into the Maine SIP.

B. What Are the Requirements of Maine's New Regulation?

    Maine's Chapter 152 includes VOC content limits for many categories 
of consumer products such as deodorants, hairsprays, and glass 
cleaners. Certain products are, however, exempt from these limits. 
Specifically, the rule allows the use of innovative products 
exemptions, variances, or alternative control plans provided that they 
have been approved by EPA into the Maine SIP. In addition, Chapter 152 
includes

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the appropriate testing and recordkeeping requirements to ensure 
compliance with the specified standards. Finally, the rule requires 
compliance with the specified VOC content limits by May 1, 2005.

C. Why Is EPA Approving Maine's Regulation?

    EPA has evaluated Maine's Chapter 152 and has found that this 
regulation is consistent with EPA guidance and the Ozone Transport 
Commission (OTC) model rule for consumer products. The specific 
requirements of the regulation and EPA's evaluation of these 
requirements are detailed in a memorandum, dated June 16, 2005, 
entitled ``Technical Support Document--Maine--Consumer Products 
Regulation'' (TSD). The TSD and Maine's Chapter 152 are available in 
the docket supporting this action.
    The OTC has developed model rules for several VOC source categories 
and the OTC states, including Maine, have signed a memorandum of 
understanding (MOU) committing to adopt these model rules. One of the 
categories for which a model rule has been developed is consumer 
products. (See ``OTC Model Rule for Consumer Products,'' issued March 
28, 2001, revised November 29, 2001, and April 23, 2002.)
    Several other OTC states have also recently adopted a consumer 
products rule based on the OTC model rule and EPA has already approved 
some of these states' rules.\1\ The emission limits in Maine's rule are 
identical to those contained in the OTC model rule. These emission 
limits are at least as stringent as, and in some cases more stringent 
than, EPA's national consumer products rule, ``National Volatile 
Organic Compound Emission Standards for Consumer Products,'' 40 CFR 
Part 59, Subpart C. Also, Maine's rule includes additional categories 
of consumer products that are not included in EPA's rule.
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    \1\ For example, on January 23, 2004, EPA approved New York's 
consumer products rule (69 FR 3237), and on December 9, 2003, EPA 
approved Maryland's consumer products rule (68 FR 68523).
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    Maine did not submit its August 27, 2004 Chapter 152 SIP submittal 
to meet any specific control requirements under the Clean Air Act. 
However, subsequently, on June 9, 2005, Maine submitted its 5 percent 
increment of progress plan which relies on reductions from Chapter 152. 
In today's action, EPA is approving Chapter 152 because it will 
strengthen Maine's SIP. EPA will evaluate the reductions Maine is 
claiming from Chapter 152 in its 5 percent increment of progress plan 
when the Agency takes action on that plan.

D. What Is the Process for EPA To Approve This SIP Revision?

    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This action will be effective December 23, 
2005 without further notice unless the EPA receives adverse comments by 
November 23, 2005.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on December 23, 2005 and no 
further action will be taken on the proposed rule. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

III. Final Action

    EPA is approving Maine's Chapter 152, ``Control of Emissions of 
Volatile Organic Compounds from Consumer Products,'' and incorporating 
this regulation into the Maine SIP.

IV. Statutory and Executive Order Reviews

    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), because it 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.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule

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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. 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 December 23, 2005. Interested 
parties should comment in response to the proposed rule rather than 
petition for judicial review, unless the objection arises after the 
comment period allowed for in the proposal. 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 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: September 28, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of 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 U--Maine

0
2. Section 52.1020 is amended by adding paragraph (c)(57) to read as 
follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *
    (57) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 27, 2004, and 
September 8, 2004.
    (i) Incorporation by reference.
    (A) Chapter 152 of the Maine Department of Environmental Protection 
Regulations, ``Control of Emissions of Volatile Organic Compounds from 
Consumer Products,'' effective in the State of Maine on September 1, 
2004.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.

0
3. In Sec.  52.1031, Table 52.1031 is amended by adding a new State 
citation, 152, to read as follows:


Sec.  52.1031  EPA-approved Maine Regulations.

* * * * *

                                                   Table 52.1031.--EPA-Approved Rules and Regulations
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                                                Date adopted    Date approved
    State citation          Title/subject         by State         by EPA         Federal Register  citation          52.1020
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                                                                      * * * * * * *
152...................  Control of Emissions          8/19/04        10/24/05  [Insert FR citation from         (c)(57)...........
                         of Volatile Organic                                    published date]
                         Compounds from
                         Consumer Products
 
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Note.--1. The regulations are effective statewide unless stated otherwise in comments section.

[FR Doc. 05-21192 Filed 10-21-05; 8:45 am]
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