[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Proposed Rules]
[Pages 56707-56708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19626]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0794; FRL-8478-8]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendments to the Control of VOC Emissions From Consumer
Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Maryland. This SIP revision pertains
to the control of volatile organic compound (VOC) emissions from
consumer products. This action is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be received on or before November 5, 2007.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0794 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2007-0794, Marilyn Powers, Acting Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0794. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://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 http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment 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 electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in http://www.regulations.gov or in hard copy 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 Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland
21230.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION: On June 18, 2007, the Maryland Department of
Environment (MDE) submitted a revision to its SIP. The SIP revision
(Maryland SIP 07-08) includes amendments to the control of VOC
emissions from consumer products (COMAR 26.11.32).
I. Background
Consumer and commercial products are defined as products sold to
retail customers for personal, household, or automotive use, and
products marketed by wholesale distributors for use by commercial or
institutional organizations. VOC emissions from these products come
from the evaporation of propellant and organic solvents during use.
Consumer and commercial products comprise a variety of goods, including
personal care products, household products,
[[Page 56708]]
automotive aftermarket products, insecticides, coatings, and other
miscellaneous products.
Maryland adopted the consumer products regulation based on the 2001
Ozone Transport Commission (OTC) model rule in 2003 that was based on
the California Air Resources Board (CARB) rule. EPA approved the
Maryland consumer products regulation on December 9, 2003 (68 FR
68523). In July 2005, CARB amended the 2001 OTC model rule adding 14
new categories. In 2006, the OTC developed an updated model rule based
on the 2005 CARB amendments. Maryland adopted the updated 2006 OTC
model rule on June 8, 2007 with an effective date of June 18, 2007 to
incorporate the changes in the 2005 CARB rule.
II. Summary of SIP Revision
Maryland's amended consumer products regulation incorporates the
changes made by CARB. These amendments affect 18 categories of consumer
products. Fourteen categories are new, including subcategories with new
product category definitions and VOC limits; one previously regulated
category with a more restrictive VOC limit, and two previously
regulated categories with additional requirements. The compliance date
for the new standards is January 1, 2009.
The new categories are the following: (1) Adhesive remover with
four subcategories: Floor or wall covering, gasket or thread locking,
general purpose, and specialty; (2) anti-static product; (3) electrical
cleaner; (4) electronic cleaner; (6) fabric refresher; (7) footwear or
leather care product; (8) hair styling product that will incorporate
hair styling gel and include additional forms of hair styling products
(i.e., liquid, semi-solid, and pump spray) but does not include hair
spray product or hair mousse; (9) graffiti remover; (10) shaving gel;
(11) toilet/urinal care product; and (12) wood cleaner. The previously
regulated category with a more restrictive limit is contact adhesive
that has been separated into 2 subcategories: general purpose and
special purpose. The previously regulated categories with additional
requirements are air fresheners and general purpose degreasers.
III. Proposed Action
EPA is proposing to approve the Maryland SIP revision for the
control of VOC emissions from consumer products (COMAR 26.11.32)
submitted on June 18, 2007. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it 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). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to approve a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This proposed rule
also is not subject to Executive Order 13045 (62 FR 19885, April 23,
1997), because it approves a state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
proposed rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This proposed rule pertaining to the amendments of Maryland's consumer
products regulation, does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 25, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E7-19626 Filed 10-3-07; 8:45 am]
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