[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Rules and Regulations]
[Pages 38725-38729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15688]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-1050; FRL-9690-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Volatile Organic Compounds; Consumer Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action we are approving into the Indiana State 
Implementation Plan (SIP) the addition of a new rule that sets volatile 
organic compound (VOC) emissions limits and other restrictions on 
consumer products that are sold, supplied, manufactured, or offered for 
sale in the State of Indiana.

DATES: This rule is effective August 28, 2012, unless EPA receives 
adverse comments by July 30, 2012. 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 Docket ID No. EPA-R05-
OAR-2010-1050, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-1050. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, 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 www.regulations.gov or email. The 
www.regulations.gov Web site is 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 email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment

[[Page 38726]]

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 docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Anthony Maietta, Environmental 
Protection Specialist, at (312) 353-8777 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. Contents of Indiana's Rule
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    ``Consumer products'' encompass a wide array of sprays, gels, 
cleaners, adhesives, and other chemically formulated products that are 
purchased for personal or institutional use and that emit VOCs through 
their use, consumption, storage, disposal, destruction, or 
decomposition. On December 7, 2010, the Indiana Department of 
Environmental Management (IDEM) requested that EPA approve into its SIP 
the addition of a new rule that limits VOC in consumer products. The 
rule is located within Title 326 of the Indiana Administrative Code 
(IAC) Article 8 ``Volatile Organic Compound Rules'' at 326 IAC 8-15. 
The rule consists of the following nine sections:

(1) Section 1, ``Applicability''
(2) Section 2, ``Definitions''
(3) Section 3, ``Standards''
(4) Section 4, ``Exemptions''
(5) Section 5, ``Innovative products exemption''
(6) Section 6, ``Alternative control plan''
(7) Section 7, ``Administrative requirements''
(8) Section 8, ``Record keeping and reporting requirements''
(9) Section 9, ``Test methods''

A discussion of each section and its approvability is included in 
section III of this action.
    The rule that Indiana adopted and submitted to EPA for approval is 
based on the model rule developed by the Ozone Transport Commission 
(OTC) for consumer products. The OTC is a multi-state organization 
created under section 176A of the Clean Air Act. It is responsible for 
advising EPA on transport issues and for developing and implementing 
regional solutions to the ground-level ozone problem in the Northeast 
and Mid-Atlantic regions.
    The OTC has developed this model rule for consumer products which 
OTC member states have signed a memorandum of understanding to adopt. 
The OTC model rule that Indiana based its rule on is at least as 
stringent as, and in most cases is more stringent than, EPA's national 
consumer products rule, ``National Volatile Organic Compound Emission 
Standards for Consumer Products,'' 40 CFR part 59, subpart C. It should 
be noted that Indiana is not an OTC member state. By adopting a rule 
that mirrors the OTC model rule, however, Indiana is strengthening its 
SIP through enforceable VOC limits for consumer products with 
corresponding recordkeeping and reporting requirements.

II. Contents of Indiana's Rule

    The following is a summary of each section of 326 IAC 8-15 
``Standards for Consumer and Commercial Products,'' as submitted on 
November 7, 2010, and a discussion of why each section is approvable 
into the State's SIP.

326 IAC 8-15-1 ``Applicability''

    This section makes 326 IAC 8-15 applicable to any person who sells, 
supplies, offers for sale, or manufactures consumer products in the 
State of Indiana on or after June 1, 2011. The applicability for the 
rule as outlined in this section is congruent with the model OTC 
language, and therefore is approvable for inclusion in Indiana's SIP.

326 IAC 8-15-2 ``Definitions''

    This section provides definitions of products, terms, acronyms, and 
other language that are unique and/or specific to this rule. This 
section is congruent with the OTC model rule, and therefore is 
approvable for inclusion in Indiana's SIP.

326 IAC 8-15-3 ``Standards''

    This section codifies VOC standards for each category of consumer 
products affected by 326 IAC 8-15 and includes additional requirements 
for certain product categories. Each category of consumer product and 
its associated VOC limit mirror the OTC model rule as do additional 
requirements for certain product categories, including:

--A ban on use of air toxics, as classified by the California Code of 
Regulations, in antiperspirants and deodorants.
--A provision establishing how to determine the VOC content of diluted 
products.
--Sell-through provisions for affected products that were already 
manufactured by June 1, 2011.
--An effective date of June 1, 2012, for any products that are covered 
by 326 IAC 8-15 and also registered under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA).
--A restriction on sale of any charcoal lighter material that has not 
been issued a currently effective certification by either the 
California Air Resources Board (CARB), or another state air agency in 
conjunction with EPA.
--Additional requirements for aerosol adhesives, including a ban on the 
sale or manufacturing of aerosol adhesives containing methylene 
chloride, perchloroethylene, or trichloroethylene.
--A requirement for floor wax strippers that ensures that product 
packaging clearly indicates ``light/medium'' and ``heavy'' dilution 
ratios that correlate with the associated VOC limits for these 
dilutions.
--Additional requirements for products containing ozone depleting 
compounds.
--Additional requirements for adhesive removers, contact adhesives, 
electrical cleaners, electronic cleaners, footwear or leather care 
products, general purpose degreasers, and graffiti removers that 
contain methylene

[[Page 38727]]

chloride, perchloroethylene, or trichloroethylene.

    This section is at least as stringent as the OTC model rule, and 
therefore is approvable for inclusion in Indiana's SIP.

326 IAC 8-15-4 ``Exemptions''

    This section outlines conditions for certain products that may 
allow them to be exempt from 326 IAC 8-15, including an exemption for 
products manufactured in the State but meant for sale outside the 
State. This section also allows a retailer (but not manufacturer) to 
not be considered in violation of 326 IAC 8-15 if they immediately 
discontinue sale of the violating product, and make good faith efforts 
to assure the product met the applicable requirements of 326 IAC 8-15. 
Finally, this section excludes any products that are regulated under 
this rule from the administrative requirements of the rule if the 
products are registered under FIFRA. This section is congruent with the 
OTC model rule, and therefore is approvable.

326 IAC 8-15-5 ``Innovative Products Exemption''

    This section allows for an exemption for products otherwise covered 
under 326 IAC 8-15, so long as the manufacturer has been granted an 
innovative products exemption by CARB or the air pollution control 
agency of another state with an innovative products exemption 
substantially equivalent to CARB's. This section then outlines 
additional requirements necessary for Indiana to consider an innovative 
products exemption to be valid within the State. Finally, this section 
outlines conditions in which the innovative products exemption can 
expire or be revoked by the State. This section is congruent with the 
OTC model rule, and therefore is approvable.

326 IAC 8-15-6 ``Alternative Control Plan''

    This section outlines circumstances in which a manufacturer of a 
product regulated under 326 IAC 8-15 can provide an alternative method 
to comply with the VOC limits contained in Indiana's rule. Only 
manufacturers who have been granted an alternative control plan by 
CARB, or a state air pollution control agency with alternative control 
plans to consumer product VOC limits that are substantially equivalent 
to CARB's alternative control plan, may be exempted from the VOC limits 
in Indiana's rule. The section also outlines circumstances in which an 
approved alternative control plan can be considered valid, or can be 
revoked by the State. This section is congruent with the OTC model 
rule, and therefore is approvable.

326 IAC 8-15-7 ``Administrative Requirements''

    This section outlines product dating and labeling requirements for 
consumer products manufactured or sold in Indiana. This section also 
defines the most restrictive limit that a product must meet if it is 
regulated by FIFRA as well as 326 IAC 8-15. This section is congruent 
with the OTC model rule and therefore is approvable.

326 IAC 8-15-8 ``Record Keeping and Reporting Requirements''

    This section outlines the recordkeeping and reporting requirements 
that manufacturers of products regulated under this rule must meet. 
Manufacturers must keep and make available to Indiana or EPA 
information about their product, including:

--The product manufacturer's name and contact information.
--Any claim of confidentiality of the product.
--The product's name, and a description of the product category to 
which the product belongs.
--Applicable product form or forms listed separately.
--Identification of each product brand name and whether it is a 
household product, industrial and institutional product, or both.
--Sales of the product in Indiana in pounds per year, as well as the 
methodology used to achieve the calculation.
--An identification of each company that is submitting relevant data 
about the product (if it is manufactured using multiple companies).
--Specific net ``percent by weight'' information for certain compounds 
that may be in the product.
--Specific chemical names of certain compounds used in the product 
formulation.
--Propellant information, if propellant is used in the product.

    This section also specifies which information a company may present 
to the State if it cannot meet the requirements listed above. Finally, 
this section contains special reporting requirements for products that 
contain perchloroethylene or methylene chloride. This section is 
congruent with the OTC model rule, and therefore is approvable.

326 IAC 8-15-9 ``Test Methods''

    This section outlines methods acceptable to the State that 
manufacturers can use to determine compliance with the VOC content 
limits outlined in the rule. Manufacturers may use CARB Method 310, a 
method approved in writing both by the State of Indiana and EPA, or 
through calculation of the VOC content of constituents used to make the 
product. This section also includes the approved method to test whether 
a product is a liquid or solid, and the approved method to determine 
the distillation points of petroleum distillate-based charcoal lighter 
materials. This section is congruent with the OTC model rule, and 
therefore is approvable.

III. What action is EPA taking?

    EPA is approving into the Indiana SIP Title 326 IAC Article 8-15 as 
adopted by the State of Indiana and as submitted to EPA on December 7, 
2010. We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective August 28, 2012 
without further notice unless we receive relevant adverse written 
comments by July 30, 2012. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. 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. 
If we do not receive any comments, this action will be effective August 
28, 2012.

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 Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus,

[[Page 38728]]

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 August 28, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: June 11, 2012.
Susan Hedman,
Regional Administrator, Region 5.
    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.

0
2. In Sec.  52.770 the table in paragraph (c) is amended by adding a 
new entry in ``Article 8. Volatile Organic Compound Rules'' for ``Rule 
15. Standards for Consumer and Commercial Products'' in numerical order 
to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                   Indiana
    Indiana citation            Subject        effective date      EPA approval date              Notes
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                                                  * * * * * * *
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                                   Article 8. Volatile Organic Compound Rules
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                                                  * * * * * * *
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Rule 15. Standards for Consumer and Commercial Products
----------------------------------------------------------------------------------------------------------------
8-15-1..................  Applicability......       12/1/2010  6/29/2012, [Insert page   .......................
                                                                number where the
                                                                document begins].
8-15-2..................  Definitions........       12/1/2010  6/29/2012, [Insert page   .......................
                                                                number where the
                                                                document begins].
8-15-3..................  Standards..........       12/1/2010  6/29/2012, [Insert page   .......................
                                                                number where the
                                                                document begins].
8-15-4..................  Exemptions.........       12/1/2010  6/29/2012, [Insert page   .......................
                                                                number where the
                                                                document begins].
8-15-5..................  Innovative products       12/1/2010  6/29/2012, [Insert page   .......................
                           exemption.                           number where the
                                                                document begins].

[[Page 38729]]

 
8-15-6..................  Alternative control       12/1/2010  6/29/2012, [Insert page   .......................
                           plan.                                number where the
                                                                document begins].
8-15-7..................  Administrative            12/1/2010  6/29/2012, [Insert page   .......................
                           requirements.                        number where the
                                                                document begins].
8-15-8..................  Record keeping and        12/1/2010  6/29/2012, [Insert page   .......................
                           reporting                            number where the
                           requirements.                        document begins].
8-15-9..................  Test methods.......       12/1/2010  6/29/2012, [Insert page   .......................
                                                                number where the
                                                                document begins].
 
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[FR Doc. 2012-15688 Filed 6-28-12; 8:45 am]
BILLING CODE 6560-50-P