[Federal Register Volume 74, Number 212 (Wednesday, November 4, 2009)]
[Rules and Regulations]
[Pages 57074-57076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26417]


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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, [email protected].

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
----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
                  Regulation                            Regulation title              amended        Submitted
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------


[[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]
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