[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Rules and Regulations]
[Pages 33014-33016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15048]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0023; A-1-FRL-9965-10-Region 1]


Air Plan Approval; ME; Consumer Products Alternative Control Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Maine Department of 
Environmental Protection (Maine DEP). The SIP revision consists of an 
Alternative Control Plan (ACP) for the control of volatile organic 
compound (VOC) emissions from Reckitt Benckiser's Air Wick Air 
Freshener Single Phase Aerosol Spray, issued pursuant to Maine's 
consumer products rule. This action is being taken in accordance with 
the Clean Air Act.

DATES: This direct final rule will be effective September 18, 2017, 
unless EPA receives adverse comments by August 18, 2017. 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-R01-
OAR-2017-0023 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-2), 
Boston, MA 02109-3912, tel. 617-918-1584, email 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Description and Evaluation of the State's Submittal
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    Maine's Chapter 152, ``Control of Emissions of Volatile Organic 
Compounds from Consumer Products'' (Chapter 152) became effective in 
the State of Maine on September 1, 2004 and was approved by EPA into 
the Maine SIP on October 24, 2005 (70 FR 61382). Maine subsequently 
amended this rule. The current amended version of the rule became 
effective in the State of Maine on December 15, 2007 and was approved 
by EPA into the Maine SIP on May 22, 2012 (77 FR 30216). Chapter 152 
contains VOC content limits for the manufacture and sale of various 
consumer products in the state of Maine. Chapter 152 also provides for 
state and EPA approval of ACPs by allowing the responsible party the 
option of voluntarily applying for such agreements.
    On March 30, 2012, the Maine DEP received an ACP application from 
Reckitt Benckiser LLC (Reckitt) for Reckitt's Air Wick Air Freshener 
Single-Phase Aerosol Spray pursuant to Chapter 152. The Maine DEP 
approved the Reckitt ACP effective April 23, 2013 and on the same day 
sent EPA the ACP for approval into the Maine SIP.

II. Description and Evaluation of the State's Submittal

    Reckitt manufactures Air Wick Air Freshener Single-Phase Aerosol 
Spray (Product), which is offered for retail sale and wholesale 
distribution in the State of Maine. The Product contains 4.6% VOCs by 
weight. The Chapter 152 regulatory content limit for single-phase 
aerosol air freshener is 30% VOCs by weight. Reckitt's ACP generates 
VOC credits, expressed in pounds of VOCs, based on the difference 
between the Product VOC content and regulatory VOC limit for each unit 
sold in the State of Maine. Credits generated are subject to the 
conditions in the ACP Approval. Reckitt shall monitor Maine sales of 
the Product and each calendar quarter shall provide to the Maine DEP 
accurate records and documentation as a basis for compliance reporting. 
Only sales in the State of Maine that are substantiated by accurate 
documentation shall be used in the calculation of VOC emissions and 
emission reductions (surplus reductions). The resulting surplus 
reduction credits shall be discounted by 5% prior to the issuance

[[Page 33015]]

of the surplus emission reduction certificates by the Maine DEP. 
Reckitt must maintain a minimum of three years of detailed 
transactional data, traceable to invoice levels. Maine DEP shall issue 
surplus reduction certificates which establish and quantify to the 
nearest pound of VOC reduced, surplus reductions achieved by Reckitt 
operating under the ACP.
    Surplus reduction certificates shall not constitute instruments, 
securities, or any other form of property. The issuance, use and 
trading of all surplus reductions shall be subject to the conditions 
within the ACP. Any surplus reductions issued by Maine DEP may be used 
by Reckitt until the reductions expire, are traded to another 
responsible party operating under a SIP-approved ACP, or until the ACP 
is canceled. A valid surplus reduction shall be in effect starting five 
days after the date of issuance by the Maine DEP, for a continuous 
period of one year at the end of which period the surplus reduction 
shall then expire. Surplus reductions cannot be applied retroactively 
to any compliance period prior to the compliance period in which the 
reductions were generated. While valid, surplus reductions certificates 
can only be used in the State of Maine to:
    (1) Adjust either the Consumer Product ACP emissions of either 
Reckitt or another ACP responsible party to which the reductions were 
traded, provided the surplus reductions are not to be used by any ACP 
responsible party to lower its ACP emissions when its ACP emissions are 
equal to or less than the ACP limit during the applicable compliance 
period; or
    (2) be traded for the purpose of reconciling another approved 
Consumer Product ACP responsible party's shortfalls.
    EPA has reviewed the ACP and has determined that it is approvable. 
Reckitt must still, at a minimum, comply with the VOC content limits in 
Maine's SIP-approved Chapter 152. However, to the extent that the 
company documents, as outlined in the ACP, the sales of Product in 
Maine with a VOC content below these limits, the Maine DEP will issue 
VOC emission reduction credits that may be used in the future. Since to 
date, this is the first and only Consumer Product ACP submitted by the 
State of Maine for SIP approval, reduction certificates generated may 
only be held for future use until they expire (i.e., for one year). 
Certificates generated may only be used after a second Consumer Product 
ACP is submitted by Maine, and approved by EPA, into the Maine SIP. 
Thus, this SIP revision meets the anti-back sliding requirements of 
Section 110(l) of the Clean Air Act.

III. Final Action

    EPA is approving, and incorporating into the Maine SIP, an ACP for 
Reckitt Benckiser's Air Wick Air Freshener Single Phase Aerosol Spray.
    The EPA is publishing this action 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 
relevant adverse comments be filed.
    This rule will be effective September 18, 2017 without further 
notice unless the Agency receives relevant adverse comments by August 
18, 2017.
    If the EPA receives such comments, then EPA will publish a notice 
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 on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on September 18, 2017 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.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
alternative control plan issued by the Maine DEP to Reckitt described 
in the amendments to 40 CFR part 52 set forth below. The EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov, and/or at the EPA Region 1 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

V. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have

[[Page 33016]]

tribal implications and will not impose substantial direct costs on 
tribal governments or preempt tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).
    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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    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 September 18, 2017. 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 this 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 5, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.1020(d), the table is amended by adding an entry for 
``Reckitt Benckiser's Air Wick Air Freshener Single Phase Aerosol 
Spray'' at the end of the table to read as follows:


Sec.  52.1020   Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Maine Source Specific Requirements
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                                                     State effective   EPA approval date
         Name of source            Permit number           date               \2\              Explanations
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                                                  * * * * * * *
Reckitt Benckiser's Air Wick     Alternative                4/23/2013  7/19/2017 [Insert  Issued pursuant to
 Air Freshener Single Phase       Control Plan.                         Federal Register   Chapter 152 Control
 Aerosol Spray.                                                         citation].         of Volatile Organic
                                                                                           Compounds from
                                                                                           Consumer Products.
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\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[FR Doc. 2017-15048 Filed 7-18-17; 8:45 am]
 BILLING CODE 6560-50-P