[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57703-57707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18113]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0213; FRL-10013-66-Region 9]


Air Plan Approval; California; Consumer Products Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the California Air Resources Board's 
(CARB's) Consumer Products portion of the California State 
Implementation Plan (SIP). These revisions concern volatile organic 
compound (VOC) emissions from consumer products and a supporting test 
method. The EPA is also approving revisions to California's Tables of 
Maximum Incremental Reactivity (MIR) Values to support its Aerosol 
Coating Products regulation. We are approving state rules to regulate 
these emission sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective October 16, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0213. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
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 through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415) 
947-4152, buss.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

[[Page 57704]]

I. Proposed Action

    The Consumer Products portion of the California SIP consists of 
rules promulgated in title 17 of the California Code of Regulations (17 
CCR), division 3 (``Air Resources''), chapter 1 (``Air Resources 
Board''), subchapter 8.5 (``Consumer Products''), article 1 
(``Antiperspirants and Deodorants''), article 2 (``Consumer Products'') 
and article 3 (``Aerosol Coating Products''); and subchapter 8.6 
(``Maximum Incremental Reactivity''), article 1 (``Tables of Maximum 
Incremental Reactivity (MIR) Values'').
    On May 29, 2020 (85 FR 32324), the EPA proposed to approve the 
following amendments to the Consumer Products portion of the California 
SIP.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                 California code of
       Local agency                  regulations                   Title            Amended \1\      Submitted
----------------------------------------------------------------------------------------------------------------
CARB......................  Title 17, Division 3,         Antiperspirants and         05/25/2018      06/04/2019
                             Chapter 1, Subchapter 8.5,    Deodorants \2\.
                             Article 1.
CARB......................  Title 17, Division 3,         Consumer Products \3\.      05/25/2018      06/04/2019
                             Chapter 1, Subchapter 8.5,
                             Article 2.
CARB......................  Title 17, Division 3,         Aerosol Coating             09/17/2014      12/01/2016
                             Chapter 1, Subchapter 8.5,    Products\4\.
                             Article 3.
CARB......................  Title 17, Division 3,         Tables of Maximum           09/17/2014      12/01/2016
                             Chapter 1, Subchapter 8.6,    Incremental
                             Article 1.                    Reactivity (MIR)
                                                           Values \5\.
CARB......................  ............................  Method 310--                05/25/2018      06/04/2019
                                                           Determination of
                                                           Volatile Organic
                                                           Compounds (VOC) in
                                                           Consumer Products and
                                                           Reactive Organic
                                                           Compounds (ROC) in
                                                           Aerosol Coating
                                                           Products.
----------------------------------------------------------------------------------------------------------------

    The current amendments to article 1 (``Antiperspirants and 
Deodorants'') of subchapter 8.5 update certain definitions and 
references. The current amendments to article 2 (``Consumer Products'') 
of subchapter 8.5 revise certain definitions, lower certain VOC 
standards, and clarify and update certain administrative and reporting 
requirements. Current amendments to article 3 (``Aerosol Coating 
Products'') of subchapter 8.5 clarify applicability, revise certain 
definitions, delete mass-based VOC limits and add new, lower 
reactivity-based limits for general and specialty aerosol coatings. 
Lastly, the current amendments to article 1 (``Tables of Maximum 
Incremental Reactivity (MIR) Values'') of subchapter 8.6 (``Maximum 
Incremental Reactivity'') update MIR values for many individual 
chemical compounds and hydrocarbon solvent groupings. CARB estimates 
that the current amendments will result in equivalent VOC emission 
reductions of approximately 4 tons per day (tpd) statewide, of which 
approximately 1.8 tpd will occur in the area under the jurisdiction of 
the South Coast Air Quality Management District.
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    \1\ CARB adopted amendments to articles 1, 2 and 3 of subchapter 
8.5 and article 1 of subchapter 8.6 on September 26, 2013. The 
California Office of Administrative Law (OAL) approved the 
amendments on September 17, 2014, effective January 1, 2015. CARB 
submitted the September 26, 2013 amendments to the EPA as a SIP 
revision on December 1, 2016. CARB adopted amendments to Method 310 
on May 25, 2018 and submitted Method 310, as amended, to the EPA as 
a SIP revision on June 4, 2019.
    \2\ Article 1 of subchapter 8.5 includes sections 94500, 94501, 
94502, 94503, 94503.5, 94504, 94505, 94506 and 94506.5. Amendments 
to a section of Article 1, 17 California Code of Regulations (CCR) 
section 94506 (``Test Methods''), were adopted by CARB on May 25, 
2018, and approved by the California OAL on December 31, 2018, 
effective January 1, 2019. CARB submitted the May 25, 2018 
amendments to the EPA as a SIP revision by letter dated June 4, 
2019.
    \3\ Article 2 of subchapter 8.5 includes sections 94507 through 
94517. Amendments to a subset of these rules, 17 CCR sections 94509, 
94513 and 94515, were adopted by CARB on May 25, 2018, and approved 
by the California OAL on December 31, 2018, effective January 1, 
2019. CARB submitted the May 25, 2018 amendments to the EPA as a SIP 
revision by letter dated June 4, 2019.
    \4\ Article 3 of subchapter 8.5 includes sections 94520 through 
94528.
    \5\ Article 1 of subchapter 8.6 includes sections 94700 and 
94701.
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    We proposed to approve the amended rules because we determined that 
they comply with the relevant CAA requirements. We also found that, 
overall, CARB's rules are the same or more stringent than the 
corresponding national rules. Our proposed action and the related 
technical support documents contain more information on the rules and 
our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    Pursuant to section 110(k)(3) of the Act, and for the reasons set 
forth in the proposed rule and summarized above, the EPA is fully 
approving the revisions to the CARB's Consumer Products portion of the 
California SIP as submitted on December 1, 2016 and June 4, 2019.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
California rules described in the amendments to 40 CFR part 52 set 
forth below. Therefore, these materials have been approved by the EPA 
for inclusion in the SIP, have been incorporated by reference by the 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
the EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\6\ The EPA has made, and will continue 
to make, these documents available through www.regulations.gov and at 
the EPA Region IX Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).
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    \6\ 62 FR 27968 (May 22, 1997).
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V. 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, the 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

[[Page 57705]]

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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 3, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 the 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    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. The 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 November 16, 2020. 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. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 13, 2020.
John Busterud,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends chapter I, 
title 40 of the Code of Federal Regulations as follows:

PART 52 -- APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. In Sec.  52.220a:
0
a. In paragraph (c):
0
i. Amend table 1 by revising the entries for ``94500'', ``94501'', 
``94502'', ``94503'', ``94503.5'', ``94504'', ``94505'', ``94506'', 
``94506.5'', ``94507'', ``94508'', ``94509'', ``94510'', ``94511'', 
``94512'', ``94513'', ``94514'', ``94515'', ``94516'', ``94517'', 
``94520'', ``94521'', ``94522'', ``94523'', ``94524'', ``94525'', 
``94526'', ``94527'' and ``94528''; and
0
ii. Amend table 2 by adding an entry for ``Method 310--Determination of 
Volatile Organic Compounds (VOC) in Consumer Products and Reactive 
Organic Compounds (ROC) in Aerosol Coating Products'' at the end of the 
table.
    The revisions and addition read as follows:


Sec.  52.220a   Identification of plan--in part.

* * * * *
    (c) * * *

                            Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
                                                           State                                 Additional
        State citation             Title/subject      effective date    EPA approval date        explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
94500........................  Applicability........       3/30/1996  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94501........................  Definitions..........        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94502........................  Standards for                6/6/2001  [Insert Federal       Submitted by CARB on
                                Antiperspirants and                    Register citation],   December 1, 2016.
                                Deodorants.                            9/16/2020.
94503........................  Exemptions...........       3/30/1996  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94503.5......................  Innovative Products..       3/30/1996  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.

[[Page 57706]]

 
94504........................  Administrative               6/6/2001  [Insert Federal       Submitted by CARB on
                                Requirements.                          Register citation],   December 1, 2016.
                                                                       9/16/2020.
94505........................  Variances............       3/30/1996  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94506........................  Test Methods.........        1/1/2019  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   June 4, 2019.
                                                                       9/16/2020.
94506.5......................  Federal                    12/16/1999  [Insert Federal       Submitted by CARB on
                                Enforceability.                        Register citation],   December 1, 2016.
                                                                       9/16/2020.
 
                                                  * * * * * * *
94507........................  Applicability........      11/19/2000  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94508........................  Definitions..........        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94509........................  Standards for                1/1/2019  [Insert Federal       Submitted by CARB on
                                Consumer Products.                     Register citation],   June 4, 2019.
                                                                       9/16/2020.
94510........................  Exemptions...........      12/10/2011  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94511........................  Innovative Products..      10/20/2010  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94512........................  Administrative               1/1/2015  [Insert Federal       Submitted by CARB on
                                Requirements.                          Register citation],   December 1, 2016.
                                                                       9/16/2020.
94513........................  Reporting                    1/1/2019  [Insert Federal       Submitted by CARB on
                                Requirements.                          Register citation],   June 4, 2019.
                                                                       9/16/2020.
94514........................  Variances............       12/8/2007  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94515........................  Test Methods.........        1/1/2019  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   June 4, 2019.
                                                                       9/16/2020.
94516........................  Severability.........      10/21/1991  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94517........................  Federal                    11/18/1997  [Insert Federal       Submitted by CARB on
                                Enforceability.                        Register citation],   December 1, 2016.
                                                                       9/16/2020.
 
                                                  * * * * * * *
94520........................  Applicability........        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94521........................  Definitions..........        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94522........................  Reactivity Limits and        1/1/2015  [Insert Federal       Submitted by CARB on
                                Requirements.                          Register citation],   December 1, 2016.
                                                                       9/16/2020.
94523........................  Exemptions...........        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94524........................  Administrative               1/1/2015  [Insert Federal       Submitted by CARB on
                                Requirements.                          Register citation],   December 1, 2016.
                                                                       9/16/2020.
94525........................  Variances............        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94526........................  Test Methods and             1/1/2015  [Insert Federal       Submitted by CARB on
                                Compliance                             Register citation],   December 1, 2016.
                                Verification.                          9/16/2020.
94527........................  Severability.........        1/8/1996  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94528........................  Federal                      1/1/2015  [Insert Federal       Submitted by CARB on
                                Enforceability.                        Register citation],   December 1, 2016.
                                                                       9/16/2020.
 
                                                  * * * * * * *
94700........................  MIR Values for               1/1/2015  [Insert Federal       Submitted by CARB on
                                Compounds.                             Register citation],   December 1, 2016.
                                                                       9/16/2020.
94701........................  MIR Values for              10/2/2010  [Insert Federal       Submitted by CARB on
                                Hydrocarbon Solvents.                  Register citation],   December 1, 2016.
                                                                       9/16/2020.
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\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
  SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
  are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or
  quasi-regulatory are listed in paragraph (e).


[[Page 57707]]


               Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
                                               State
              Title/subject               effective date       EPA approval date        Additional  explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Method 310--Determination of Volatile          5/25/2018  [Insert Federal Register    Submitted by CARB on June
 Organic Compounds (VOC) in Consumer                       citation], 9/16/2020.       4, 2019.
 Products and Reactive Organic Compounds
 (ROC) in Aerosol Coating Products.
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* * * * *
[FR Doc. 2020-18113 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P


