[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Proposed Rules]
[Pages 34671-34673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14775]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0124; FRL-9164-4]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Limiting Emissions of Volatile Organic Compounds 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 Delaware concerning the control of
volatile organic compounds (VOC). 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 Consumer and Commercial Products. This action is being taken under
the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 19, 2010.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
[[Page 34672]]
R03-OAR-2010-0124 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-2010-0124, Cristina Fernandez, Office of Air
Program Planning, Mailcode 3AP30, 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-
2010-0124. 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 Delaware Department of Natural
Resources and 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 22, 2009, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a revision to its SIP for
amendments to Regulation 1141/SIP Regulation No. 41-- Limiting
Emissions of Volatile Organic Compounds From Consumer and Commercial
Products. This 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, which include
personal hygiene and grooming, home cleaning, and cleaning of
electrical and electronic equipment. This revision is projected to
reduce VOC emissions in Delaware by up to 220 tons per year.
The standards and requirements contained in Delaware's consumer
products rule are based on the Ozone Transport Commission (OTC) model
rule. The OTC consumer products model rule was based on the existing
rules developed by the California Air Resources Board, which were
analyzed and modified by the OTC workgroup to address VOC reduction
needs in the Ozone Transport Region (OTR). Implementing this rule will
result in SIP emission reductions in VOC to support the attainment
demonstrations, and reductions in ground-level ozone in other areas of
the OTR.
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 VOC standards, provided
that retailer demonstrates that the manufacturer or distributor of that
product misled 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 this proposed
rulemaking action.
III. Proposed Action
EPA has determined that the revisions made to Regulation 1141
(formerly SIP Regulation No. 41), Section 2.0, entitled ``Consumer
Products,'' meet the SIP revision requirements of the CAA and is
proposing to approve the amendment to Delaware's consumer products
regulations. These revisions will result in the reduction of VOC
emissions from consumer products in the State of Delaware. 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 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 proposes to approve State law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under
[[Page 34673]]
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 proposed rule, pertaining to Delaware's amendment
to Section 2.0--Consumer Products of Delaware's Regulation No. 1141
(formerly SIP Regulation No. 41)--Limiting Emissions of Volatile
Organic Compounds From Consumer and Commercial Products, 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.
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: June 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-14775 Filed 6-17-10; 8:45 am]
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