[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Rules and Regulations]
[Pages 64673-64675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25314]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0124; FRL-9211-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Limiting Emissions of Volatile Organic Compounds From 
Consumer Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Delaware. The revision amends existing 
Section 2.0--Consumer Products to Delaware's Regulation 1141 (formerly 
SIP Regulation No. 41)--Limiting Emissions of Volatile Organic 
Compounds from

[[Page 64674]]

Consumer and Commercial Products. This action is being taken under the 
Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on November 19, 
2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2010-0124. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (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 through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the State submittal are available at the 
Delaware Department of Natural Resources & Environmental Control, 89 
Kings Highway, P.O. Box 1401, Dover, Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 18, 2010 (75 FR 34671), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. The NPR proposed approval 
of the Delaware SIP revision that amends Regulation 1141/SIP Regulation 
No. 41-- Limiting Emissions of Volatile Organic Compounds from Consumer 
and Commercial Products. The SIP revision amends existing Section 2.0--
Consumer Products by adding the sale, distribution, and manufacturing 
of 23 new categories of consumer products and product types to the list 
of products already regulated by this rule. These categories include 
personal hygiene and grooming, home cleaning, and cleaning of 
electrical and electronic equipment. EPA received no comments on the 
NPR to approve Delaware's SIP revision. The formal SIP revision was 
submitted by the State of Delaware on June 22, 2009.

II. Summary of SIP Revision

    Regulation 1141 (formerly SIP Regulation No. 41), Section 2.0 
establishes applicability to any person who sells, supplies, offers for 
sale, uses or applies, or manufactures for sale consumer products in 
the State of Delaware. The rule does not apply to a retailer who sells, 
supplies, or offers for sale in the State of Delaware a particular 
consumer product that does not comply with the Volatile Organic 
Compounds (VOC) standards, provided that retailer demonstrates that the 
manufacturer or distributor of that product mislead that retailer into 
believing that the product did comply with the VOC standards. The rule 
sets compliance dates for specific VOC content limits in percent VOCs 
by weight for consumer products and lists exemptions from the VOC 
content limits. The rule also contains requirements for the following 
consumer products: (1) Products requiring dilution, (2) ozone depleting 
compounds, (3) aerosols adhesives, (4) antiperspirants or deodorants, 
(5) charcoal lighter materials, and (6) floor wax strippers. Regulation 
1141 provides alternative control plans (ACP) by allowing responsible 
parties the option to voluntarily enter into separate ACP agreements 
for the consumer products mentioned above. In addition, the rule 
contains the following: (1) Criteria for innovative products exemptions 
and requirements for waiver requests, (2) administrative requirements 
for labeling and reporting, and (3) test methods for demonstrating 
compliance. Further details of Delaware's regulation revisions can be 
found in a Technical Support Document prepared for the June 18, 2010 
proposed rulemaking action.

III. Final Action

    EPA is approving the Delaware SIP revision that amends existing 
Section 2.0--Consumer Products to Delaware's Regulation 1141 (formerly 
SIP Regulation No. 41)--Limiting Emissions of Volatile Organic 
Compounds from Consumer and Commercial Products.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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.

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 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

[[Page 64675]]

is published in the Federal Register. This action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 20, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule pertaining to 
Delaware's amendment to Section 2.0--Consumer Products of Delaware's 
Regulation No. 1141 (formerly SIP Regulation No. 41), 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 17, 2010.
W.C. Early,
Acting 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 I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by revising 
Regulation 1141, Section 2.0 to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
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                                                        State
 State regulation (7 DNREC        Title/subject       effective      EPA approval date    Additional explanation
           1100)                                         date
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                                                  * * * * * * *
           1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products
 
                                                  * * * * * * *
Section 2.0................  Specific Emission           4/11/09  10/20/10 [Insert page   Adds the sale,
                              Control Requirements.                number where the        distribution, and
                                                                   document begins].       manufacturing of 23
                                                                                           categories of
                                                                                           consumer products and
                                                                                           product types.
 
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[FR Doc. 2010-25314 Filed 10-19-10; 8:45 am]
BILLING CODE 6560-50-P