
[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Rules and Regulations]               
[Page 23952-23955]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my09-6]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1134; FRL-8908-1]

 
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 October 26, 2007, to 
revise the Michigan State Implementation Plan (SIP). The State has 
submitted revisions to two rules in Part 6, ``Emission Limitations and 
Prohibitions-Existing Sources of Volatile Organic Compound (VOC) 
Emissions.'' First, the State has revised R 336.1660 by adopting by 
reference, with some modifications, the Ozone Transport Commission's 
September 13, 2006, Model Rule (Model Rule). Second, the State has 
amended R 336.1661 by adopting by reference the Federal definition of 
``volatile organic compound.''

DATES: This direct final rule will be effective July 21, 2009, unless 
EPA receives adverse comments by June 22, 2009. 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-2007-1134, 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) 692-2551.
    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

[[Page 23953]]

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-
2007-1134. 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 Federal 
holidays. We recommend that you telephone Andy Chang, Environmental 
Engineer, at (312) 886-0258 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-0258, chang.andy@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 October 26, 2007.

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

    MDEQ held a hearing on July 19, 2007, 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 that EPA approve revisions to R 336.1660, 
``Standards for VOC Emissions from Consumer Products,'' and R 336.1661, 
``Definitions for Consumer Products,'' into the Michigan SIP. The 
revisions are described in detail below.

A. Standards for Volatile Organic Compounds Emissions from Consumer 
Products

    MDEQ has requested that EPA approve into the Michigan SIP the 
revision of Part 6, R 336.1660, into which the State has adopted by 
reference the provisions in the Ozone Transport Commission's amended 
``Model Rule for Consumer Products,'' dated September 13, 2006, with 
some modifications. The modifications are related to implementation 
dates that are updated from the Model Rule and include several other 
minor changes.
    The amended rules include: The addition of 23 product categories to 
the existing 83 categories in the table of standards in R 336.1660; the 
addition of sell-through of products; and the addition of requirements 
for contact adhesives, electronic cleaners, footwear, or leather care 
products, and general purpose degreasers. Michigan did not adopt the 
sections of the Model Rule that address variances, violations, and 
severability. It was not necessary for Michigan to adopt these three 
specific sections of the Model Rule, as there are Michigan-specific 
rules that already address these issues. Section 324.5535 of Michigan 
Act 451 addresses the State's variance requirements, Sections 324.5528 
and 324.5531 of Michigan Act 451 address violations, and Section 
324.9122 of Michigan Act 451 provides for severability of the State's 
rules.

B. Definitions for Consumer Products

    MDEQ also has requested that EPA approve R 336.1661 into the 
Michigan SIP which adopts by reference the Federal definition of 
``volatile organic compound'' from 40 CFR 51.100. 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 revise R 336.1660, ``Standards for VOC Emissions from 
Consumer Products,'' in which Michigan has adopted by reference the 
amended Ozone Transport Commission's Model Rule with some 
modifications, and (2) to revise R 336.1661, ``Definitions for Consumer 
Products,'' to define ``volatile organic compound.'' Michigan has 
adopted the amended Model Rule by reference with three exceptions.
    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 July 21, 2009 
without further notice unless we receive relevant adverse written 
comments by June 22, 2009. 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

[[Page 23954]]

will not institute a second comment period, therefore, 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 July 21, 
2009.

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 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 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 rule 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.
    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 action 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 July 21, 2009. 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 today's 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 6, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.

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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

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2. In Sec.  52.1170, the table in paragraph (c) entitled ``EPA-Approved 
Michigan Regulations'' is amended by revising 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) * * *

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                                        EPA-Approved Michigan Regulations
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                                                                           EPA approval
   Michigan citation          Title            State effective date            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      October 3, 2007.............  May 22, 2009
                         Volatile Organic                                 [Insert page
                         Compounds                                        number where
                         Emissions from                                   the document
                         Consumer                                         begins].
                         Products.
R 336.1661............  Definitions for    October 3, 2007.............  May 22, 2009
                         Consumer                                         [Insert page
                         Products.                                        number where
                                                                          the document
                                                                          begins].

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[FR Doc. E9-11915 Filed 5-21-09; 8:45 am]

BILLING CODE 6560-50-P
