

[Federal Register: December 10, 2007 (Volume 72, Number 236)]
[Rules and Regulations]               
[Page 69621-69623]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de07-25]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0794; FRL-8500-6]

 
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: Final rule.

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SUMMARY: EPA is approving 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 based on the 2006 Ozone Transport Commission (OTC) model rule 
for consumer products. Maryland's amendments to the consumer products 
rule include fourteen categories that 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. EPA is 
approving this SIP revision in accordance with the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on January 9, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0794. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the electronic 

docket, some information is not publicly available, i.e., confidential 
business information (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 through http://www.regulations.gov or in hard 

copy for public inspection 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.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 4, 2007 (72 FR 56707), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
approval of amendments to the control of VOC emissions from consumer 
products. The formal SIP revision (07-08) was submitted by the 
Maryland Department of the Environment (MDE) on June 18, 2007. 
Maryland's consumer products rule incorporates the changes made by the 
California Air Resources Board (CARB) in 2005 that the OTC developed as 
a model rule for consumer products in 2006. 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 these categories is January 1, 2009.
    The new categories are: (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 two subcategories: General purpose and 
special purpose. The previously regulated categories with additional 
requirements are air fresheners and general purpose degreasers.
    The rationale for EPA's proposed action are explained in the NPR 
and will not be restated here. No public comments were received on the 
NPR.

II. Final Action

    EPA is approving the amendments to the control of VOC emissions 
from consumer products as a revision to the Maryland SIP. This SIP 
revision was submitted by MDE on June 18, 2007.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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 rule also does not 
have tribal implications because it will

[[Page 69622]]

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). This action also does not have Federalism 
implications because it does not 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). This action merely approves 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 rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    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 rule 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 8, 2008. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 pertaining to the amendments of Maryland's consumer 
products rule, 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: November 20, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

0
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.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising 
entries 26.11.32.01 through 26.11.32.23 and adding entries 26.11.32.24 
through 26.11.32.26 to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
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                                                                                                  Additional
       Code of Maryland                                        State                             explanation/
  administrative regulations          Title/subject       effective date   EPA approval date  citation at 40 CFR
       (COMAR) citation                                                                             52.1100
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                                                  * * * * * * *
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           26.11.32 Control of Emissions of Volatile Organic Compound Emissions from Consumer Products
----------------------------------------------------------------------------------------------------------------
26.11.32.01...................  Applicability and               06/18/07  12/10/07 [Insert
                                 Exemptions.                               page number where
                                                                           the document
                                                                           begins].
26.11.32.02...................  Incorporation by                06/18/07  12/10/07 [Insert
                                 Reference.                                page number where
                                                                           the document
                                                                           begins].
26.11.32.03...................  Definitions.............        06/18/07  12/10/07 [Insert
                                                                           page number where
                                                                           the document
                                                                           begins].
26.11.32.04...................  Standards--General......        06/18/07  12/10/07 [Insert
                                                                           page number where
                                                                           the document
                                                                           begins].
26.11.32.05...................  Standards--Requirements         08/18/03  12/09/03 68 FR      (c)(185).
                                 for Charcoal Lighter                      68523.
                                 Materials.
26.11.32.06...................  Standards--Requirements         06/18/07  12/10/07 [Insert
                                 for Aerosol Adhesives.                    page number where
                                                                           the document
                                                                           begins].
26.11.32.07...................  Standards--Requirements         08/18/03  12/09/03 68 FR      (c)(185).
                                 for Floor Wax Strippers.                  68523.

[[Page 69623]]


26.11.32.08...................  Requirements for Contact        06/18/07  12/10/07 [Insert    New Regulation.
                                 Adhesives, Electronic                     page number where
                                 Cleaners, Footwear, or                    the document
                                 Leather Care Products,                    begins].
                                 and General Purpose
                                 Cleaners.
26.11.32.09...................  Requirements for                06/18/07  12/10/07 [Insert    New Regulation.
                                 Adhesive Removers,                        page number where
                                 Electrical Cleaners,                      the document
                                 and Graffiti Removers.                    begins].
26.11.32.10...................  Requirements for Solid          06/18/07  12/10/07 [Insert    New Regulation.
                                 Air Fresheners and                        page number where
                                 Toilet and Urinal Care                    the document
                                 Products.                                 begins].
26.11.32.11...................  Innovative Products--           06/18/07  12/10/07 [Insert    Recodification of
                                 CARB Exemption.                           page number where   existing
                                                                           the document        Regulation .08.
                                                                           begins].
26.11.32.12...................  Innovative Products--           06/18/07  12/10/07 [Insert    Recodification of
                                 Department Exemption.                     page number where   existing
                                                                           the document        Regulation .09.
                                                                           begins].
26.11.32.13...................  Administrative                  06/18/07  12/10/07 [Insert    Recodification of
                                 Requirements.                             page number where   existing.
                                                                           the document
                                                                           begins].
26.11.32.14...................  Reporting Requirements..        06/18/07  12/10/07 [Insert    Recodification of
                                                                           page number where   existing
                                                                           the document        Regulation .11;
                                                                           begins].            Amended.
26.11.32.15...................  Variances...............        06/18/07  12/10/07 [Insert    Recodification of
                                                                           page number where   existing
                                                                           the document        Regulation .12;
                                                                           begins].            Amended.
26.11.32.16...................  Test Methods............        06/18/07  12/10/07 [Insert    Recodification of
                                                                           page number where   existing
                                                                           the document        Regulation .13;
                                                                           begins].            Amended.
26.11.32.17...................  Alternative Control Plan        06/18/07  12/10/07 [Insert    Recodification of
                                 (ACP).                                    page number where   existing
                                                                           the document        Regulation .14;
                                                                           begins].            Amended.
26.11.32.18...................  Approval of an ACP              06/18/07  12/10/07 [Insert    Recodification of
                                 Application.                              page number where   existing
                                                                           the document        Regulation .15;
                                                                           begins].            Amended.
26.11.32.19...................  Record Keeping and              06/18/07  12/10/07 [Insert    Recodification of
                                 Availability of                           page number where   existing
                                 Requested Information.                    the document        Regulation .16.
                                                                           begins].
26.11.32.20...................  Violations..............        06/18/07  12/10/07 [Insert    Recodification of
                                                                           page number where   existing
                                                                           the document        Regulation .17.
                                                                           begins].
26.11.32.21...................  Surplus Reduction and           06/18/07  12/10/07 [Insert    Recodification of
                                 Surplus Trading.                          page number where   existing
                                                                           the document        Regulation .18;
                                                                           begins].            Amended.
26.11.32.22...................  Limited-use surplus             06/18/07  12/10/07 [Insert    Recodification of
                                 reduction credits for                     page number where   existing
                                 early formulations of                     the document        Regulation .19;
                                 ACP Products.                             begins].            Amended.
26.11.32.23...................  Reconciliation of               06/18/07  12/10/07 [Insert    Recodification of
                                 Shortfalls.                               page number where   existing
                                                                           the document        Regulation .20;
                                                                           begins].            Amended.
26.11.32.24...................  Modifications to an ACP.        06/18/07  12/10/07 [Insert    Recodification of
                                                                           page number where   existing
                                                                           the document        Regulation .21;
                                                                           begins].            Amended.
26.11.32.25...................  Cancellation of an ACP..        06/18/07  12/10/07 [Insert    Recodification of
                                                                           page number where   existing
                                                                           the document        Regulation .22;
                                                                           begins].            Amended.
26.11.32.26...................  Transfer of an ACP......        06/18/07  12/10/07 [Insert    Recodification of
                                                                           page number where   existing
                                                                           the document        Regulation .23.
                                                                           begins].

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 [FR Doc. E7-23385 Filed 12-7-07; 8:45 am]

BILLING CODE 6560-50-P
