

[Federal Register: October 26, 2007 (Volume 72, Number 207)]
[Rules and Regulations]               
[Page 60781-60783]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc07-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-0192; FRL-8486-6]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Michigan; Consumer Products Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request submitted by the Michigan 
Department of Environmental Quality (MDEQ) on February 13, 2007, to 
revise the Michigan State Implementation Plan (SIP). The state has 
requested approval of two rules in two areas of Part 6, Emission 
Limitations and Prohibitions-Existing Sources of Volatile Organic 
Compound (VOC) Emissions by adding R 336.1660, Standards for VOC 
Emissions from Consumer Products, by adopting by reference the Ozone 
Transport Commission's Model Rule with some modifications, and adding R 
336.1661, Definitions for Consumer Products, to define VOC.

DATES: This direct final rule will be effective December 26, 2007, 
unless EPA receives adverse comments by November 26, 2007. 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-2007-0192, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 886-5824.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
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-
2007-0192. 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 docket are listed in the http://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 http://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 legal 
holidays. We recommend that you telephone Douglas Aburano, 
Environmental Engineer, at (312) 353-6960 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6960, aburano.douglas@epa.gov.

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
    A. When did the State submit the requested rule revisions to 
EPA?
    B. Did Michigan hold public hearings for each of these rule 
revisions?
II. What are the revisions that the State is requesting for 
incorporation into the SIP?
    A. Standards for Volatile Organic Compounds Emissions from 
Consumer Products
    B. Definitions for Consumer Products
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

A. When did the State submit the requested rule revisions to EPA?

    MDEQ submitted the requested rule revisions on February 13, 2007.

B. Did Michigan hold public hearings for each of these rule revisions?

    MDEQ held hearings on July 10, 2006 and August 17, 2006, and did 
not receive any adverse comments.

II. What are the revisions that the State is requesting for 
incorporation into the SIP?

    The State has requested the following revisions in Part 6, Emission 
Limitations and Prohibitions--Existing Sources of VOC Emissions: (1) 
Changes to R 336.1660, Standards for VOC Emissions from Consumer 
Products; and (2) changes to R 336.1661, Definitions for Consumer 
Products. The revisions are described in more detail below.

[[Page 60782]]

A. Standards for Volatile Organic Compounds Emissions from Consumer 
Products

    MDEQ is requesting the addition of Part 6, R 336.1660, in which the 
state has adopted by reference the provisions in the Ozone Transport 
Commission's ``Model Rule for Consumer Products,'' dated March 6, 2001, 
with some modifications. The modifications are related to 
implementation dates that are updated from the Model Rule and include 
several other minor changes.
    The rules limit the VOC content of consumer products, including 
personal care products, household products, automotive after-market 
products, adhesives and sealants, insecticides, coatings and related 
products (except architectural and maintenance coatings), and other 
miscellaneous products. The rules require that no person shall sell, 
supply, offer for sale, or manufacture for sale, in the state of 
Michigan, any of the affected consumer products (mostly aerosols and 
sprays), unless the VOC content limits specified in the Table of 
Standards of the rules are adhered to. Additionally, the rule has 
several other related requirements.

B. Definitions for Consumer Products

    MDEQ is requesting the addition of Part 6, R 336.1661, in order to 
define VOC. R 336.1661 contains definitions used exclusively in R 
336.1660.

III. What action is EPA taking?

    We are approving revisions to the Michigan SIP in two portions of 
Part 6: (1) To add R 336.1660, Standards for VOC Emissions from 
Consumer Products, in which Michigan has adopted by reference the Ozone 
Transport Commission's Model Rule with some modifications, and (2) to 
add R 336.1661, Definitions for Consumer Products, to define VOC. 
Michigan has adopted the Model Rule by reference with two exceptions. 
Michigan did not adopt the sections that address violations and 
severability. It was not necessary for Michigan to adopt these two 
specific sections of the Model Rule as there are Michigan specific 
rules that already address these issues. Michigan Act 348, which is 
approved into the Michigan SIP, addresses violations. Section 324.9122 
of Michigan Act 451 provides for severability of the State's rules.
    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 December 26, 
2007 without further notice unless we receive relevant adverse written 
comments by November 26, 2007. 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. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. If we do not receive any comments, this 
action will be effective December 26, 2007.

IV. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    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.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' 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).

Regulatory Flexibility Act

    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.).

Unfunded Mandates Reform Act

    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).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
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 (59 
FR 22951, November 9, 2000).

Executive Order 13132: Federalism

    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 standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    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.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 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 Clean Air Act. 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.

Paperwork Reduction Act

    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.).

[[Page 60783]]

Congressional Review Act

    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. 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 December 26, 2007. 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 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 11, 2007.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.

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 X--Michigan

0
2. In Sec.  52.1170, the table in paragraph (c) entitled ``EPA-Approved 
Michigan Regulations'' is amended by adding entries in part 6 for ``R 
336.1660'' and ``R 336.1661'' to read as follows:


Sec.  52.1170  Identification of plan.

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    (c) * * *

                                        EPA-Approved Michigan Regulations
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                                                             State
        Michigan citation                 Title         effective date   EPA approval date         Comments
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     Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
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                                                  * * * * * * *
R 336.1660.......................  Standards for               1/29/07  10/26/07 [Insert
                                    Volatile Organic                     page number where
                                    Compounds                            the document
                                    Emissions from                       begins].
                                    Consumer Products.
R 336.1661.......................  Definitions for             1/29/07  10/26/07 [Insert
                                    Consumer Products.                   page number where
                                                                         the document
                                                                         begins].

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[FR Doc. E7-20948 Filed 10-25-07; 8:45 am]

BILLING CODE 6560-50-P
