[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Rules and Regulations]
[Pages 7535-7536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3169]



[[Page 7535]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0800; FRL-]


Revisions to the California State Implementation Plan, California 
Air Resources Board--Consumer Products

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 (CARB) portion of the California State Implementation 
Plan (SIP). These revisions were proposed in the Federal Register on 
October 6, 2011 and concern volatile organic compound (VOC) emissions 
from consumer products. We are approving a State rule that regulates 
these emission sources under the Clean Air Act as amended in 1990 (CAA 
or the Act).

DATES: Effective Date: This rule is effective on March 14, 2012.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0800 for 
this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While 
all documents in the docket are listed at http://www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps, multi-volume 
reports), and some may not be available in either location (e.g., 
confidential business information (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 October 6, 2011 (76 FR 62004), EPA proposed to approve the 
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
                  Regulation                           Regulation title             Amended         Submitted
----------------------------------------------------------------------------------------------------------------
California Code of Regulations, Title 17,      Article 2--Consumer Products...        08/06/10         01/28/11
 Division 3, Chapter 1, Subchapter 8.5--
 Consumer Products.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received one comment as follows.
    Carla D. Takemoto, California Air Resources Board, letter dated 
October 7, 2011 clarified that while amendments to CARB Test Method 310 
was included in the January 28, 2011 submittal package to EPA, CARB did 
not intend for Method 310 to be acted on as a SIP revision. The amended 
test method replaces a previous version of Method 310 that was 
separately approved from the SIP process by EPA.
    EPA agrees with CARB's clarification that the August 6, 2010 
version of Method 310 replaces the previously approved Method 310. We 
also agree that the revised test method can be used to show compliance 
with California's Consumer Products rule. EPA plans to approve the 
revised test method in a separate action that does not incorporate it 
into the SIP.

III. EPA Action

    No comments were submitted that change our assessment that the 
submitted rule complies with the relevant CAA requirements. Therefore, 
as authorized in section 110(k)(3) of the Act, EPA is fully approving 
this rule 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 disproportionate human health or environmental effects with 
practical, appropriate, 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

[[Page 7536]]

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 April 13, 2012. 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: December 7, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.

    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)(406) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (406) New and amended regulations were submitted on January 28, 
2011, by the Governor's designee.
    (i) Incorporation by Reference.
    (A) California Air Resources Board.
    (1) Submittal letter from Robert D. Fletcher (California Air 
Resources Board) to Jared Blumenfeld (Environmental Protection Agency), 
stating the submission does not include the second tier emission limits 
for Multi-purpose Solvent and Paint Thinner, dated January 28, 2011.
    (2) Executive Order R-10-013, dated August 6, 2010.
    (3) ``Final Regulation Order, Regulation for Reducing Emissions 
from Consumer Products,'' 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), adopted August 6, 2010, effective October 20, 2010.
* * * * *
[FR Doc. 2012-3169 Filed 2-10-12; 8:45 am]
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