Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Amendment to Consumer Products and Architectural and Industrial Maintenance Coatings Regulations, 34964-34966 [2010-14777]
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34964
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federallyrecognized Indian tribes and have
determined that the rule does not have
substantial direct effects 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.
The basis for this determination is that
our decision is on a State regulatory
program and does not involve Federal
regulations involving Indian lands.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4332(2)(C)).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
sroberts on DSKD5P82C1PROD with PROPOSALS
Regulatory Flexibility Act
The Department of the Interior
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.). This analysis is
based on the nature of the proposed
amendment which does not impose
requirements on small entities.
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Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) will not cause a major increase in
costs or prices for consumers,
individual industries, geographic
regions, or Federal, State or local
governmental agencies; and (c) does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon an analysis
of the proposed amendment which does
not impose new requirements on the
regulated industry.
Unfunded Mandates
This rule will not impose an
unfunded mandate on state, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the state submitted the
amendment on its own initiative.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: February 23, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
Editorial Note: This document was
received in the Office of the Federal Register
on June 16, 2010.
[FR Doc. 2010–14869 Filed 6–18–10; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0319; FRL–9164–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Amendment to
Consumer Products and Architectural
and Industrial Maintenance Coatings
Regulations
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Pennsylvania
concerning amendments to the
Pennsylvania Consumer Products and
Architectural and Industrial
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Maintenance Coatings Regulations. The
revision amends 25 Pa. Code Chapter
130, Subchapters B and C (relating to
consumer products and architectural
and industrial maintenance (AIM)
coatings) in order to reduce volatile
organic compounds (VOCs). This action
is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before July 21, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0319 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2010–0319,
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 previouslylisted 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–
0319. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules
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
https://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 https://
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 Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
sroberts on DSKD5P82C1PROD with PROPOSALS
I. Background
On March 11, 2009, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted a revision to its SIP
for amendments to 25 Pa. Code Chapter
130, Subchapters B and C (relating to
consumer products and AIM coatings).
This SIP revision amends 25 Pa. Code
Chapter 130, Subchapters B by adding
VOC content limits for an additional 11
categories of consumer products and
revising the VOC content limits for one
category of consumer products currently
regulated. The revision also adds
definitions for approximately 30 new
terms, including those that relate to the
newly regulated product categories and
amends definitions for approximately
75 existing terms in order to provide
clarity. Additionally, the term ‘‘VOC—
volatile organic compound’’ is added to
Subchapter B.
The SIP revision changes the
definition of the term ‘‘VOC—volatile
organic compound’’ in Subchapter C
(relating to AIM coatings) to mirror the
definition of the term in 25 Pa. Code
Chapter 121 (relating to definitions).
This revision will make the most
currently VOC exempt compounds
available as tools to reduce ozone
formation.
The standards and requirements
contained in Pennsylvania’s consumer
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products rule are consistent with 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
This SIP revision consists of the
following amendments:
1. Adds and/or amends definitions,
terms, and sections in 25 Pa. Code
Chapter 130, Subchapters B and C for
clarity, style, format, and consistency
with the OTC Model Rule and Federal
definitions.
2. Adds and/or amends sections in 25
Pa. Code Chapter 130, Subchapter B in
order to incorporate future changes in
test procedures, delete an unnecessary
reference to a California regulatory
provision, delete and move definitions
and terms, allow for the sell-through of
product manufactured prior to
applicable effective dates, update the
product dating, establish the lowest
applicable VOC limit requirements,
require additional information on
product containers, and establish
requirements for a variance or
alternative control plan (ACP).
3. Establishes under 25 Pa. Code
Chapter 130, Subchapter B, applicability
to any person who sells, supplies, offers
for sale, or manufactures consumer
products on and after applicable
compliance dates.
4. Establishes under 25 Pa. Code
Chapter 130, Subchapter B, the
percentage of VOC by weight that
cannot be exceeded for consumer
products that are sold, supplied, offered
for sale or manufactured for sale in the
Commonwealth of Pennsylvania, and
lists exemptions from the VOC limits.
The rule also contains requirements for
the following: (1) Products registered
under FIFRA, (2) products requiring
dilution, (3) sell-through of products, (4)
aerosols adhesives, (5) charcoal lighter
materials, and (6) floor wax strippers.
5. Establishes under 25 Pa. Code
Chapter 130, Subchapter B, exemptions
for the following: (1) Products for
shipment and use outside the
Commonwealth, (2) antiperspirants and
deodorants, (3) products registered
under FIFRA, (4) air fresheners, (5)
adhesives, (6) bait station insecticides,
and (7) fragrances.
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34965
6. Establishes under 25 Pa. Code
Chapter 130, Subchapter B, applicability
for ACPs for consumer products and
criteria for innovative products
exemption and requirements for waiver
requests. The rule also contains grounds
for requesting a variance, as well as
applicability for ACPs for consumer
products. ACPs for consumer products
are provided 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
administrative requirements: (1) Product
dating, (2) most restrictive limit, (3)
labeling, and (4) recordkeeping and
reporting, as well as test methods for
demonstrating compliance.
7. Establishes under 25 Pa. Code
Chapter 130, Subchapter C, the meaning
of ‘‘VOC—volatile organic compound,’’
unless the context clearly indicates
otherwise.
Further details of the Commonwealth
of Pennsylvania’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 25 Pa. Code Chapter 130,
Subchapters B and C meet the SIP
revision requirements of the CAA and is
proposing to approve the amendments
to Pennsylvania’s Consumer Products
and AIM Coatings Regulations. This
revision will result in the reduction of
VOC emissions in the Commonwealth of
Pennsylvania. 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
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Proposed Rules
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 Pennsylvania’s
amendment to 25 Pa. Code Chapter 130,
Subchapters B and C (relating to
Pennsylvania’s Consumer Products and
AIM Coatings Regulations), 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.
sroberts on DSKD5P82C1PROD with PROPOSALS
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. 2010–14777 Filed 6–18–10; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 544
[Docket No. NHTSA–2010–0017]
RIN 2127–AK69
Insurer Reporting Requirements; List
of Insurers Required To File Reports
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking.
SUMMARY: This document proposes to
amend appendices to NHTSA
regulations on Insurer Reporting
Requirements. The appendices list those
passenger motor vehicle insurers that
are required to file reports on their
motor vehicle theft loss experiences. An
insurer included in any of these
appendices would be required to file
three copies of its report for the 2007
calendar year before October 25, 2010.
If the passenger motor vehicle insurers
remain listed, they must submit reports
by each subsequent October 25. We are
proposing to add and remove several
insurers from relevant appendices.
DATES: Comments must be submitted
not later than August 20, 2010. Insurers
listed in the appendices are required to
submit reports on or before October 25,
2010.
ADDRESSES: You may submit comments,
identified by DOT Docket No. NHTSA–
2010–0017 by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m. ET, Monday through Friday, except
Federal holidays.
• Fax: 1–202–493–2251.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the SUPPLEMENTARY INFORMATION section
of this document. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
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Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
DocketInfo.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to the street
address listed above. The Internet access
to the docket will be at https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT:
Carlita Ballard, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590, by
electronic mail to
Carlita.Ballard@dot.gov. Ms. Ballard’s
telephone number is (202) 366–0846.
Her fax number is (202) 493–2990.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to 49 U.S.C. 33112, Insurer
reports and information, NHTSA
requires certain passenger motor vehicle
insurers to file an annual report with the
agency. Each insurer’s report includes
information about thefts and recoveries
of motor vehicles, the rating rules used
by the insurer to establish premiums for
comprehensive coverage, the actions
taken by the insurer to reduce such
premiums, and the actions taken by the
insurer to reduce or deter theft. Under
the agency’s regulation, 49 CFR Part
544, the following insurers are subject to
the reporting requirements:
(1) Issuers of motor vehicle insurance
policies whose total premiums account
for 1 percent or more of the total
premiums of motor vehicle insurance
issued within the United States;
(2) Issuers of motor vehicle insurance
policies whose premiums account for 10
percent or more of total premiums
written within any one State; and
(3) Rental and leasing companies with
a fleet of 20 or more vehicles not
covered by theft insurance policies
issued by insurers of motor vehicles,
other than any governmental entity.
Pursuant to its statutory exemption
authority, the agency exempted certain
passenger motor vehicle insurers from
the reporting requirements.
A. Small Insurers of Passenger Motor
Vehicles
Section 33112(f)(2) provides that the
agency shall exempt small insurers of
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Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Proposed Rules]
[Pages 34964-34966]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14777]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0319; FRL-9164-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Amendment to Consumer Products and Architectural and
Industrial Maintenance Coatings Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania concerning
amendments to the Pennsylvania Consumer Products and Architectural and
Industrial Maintenance Coatings Regulations. The revision amends 25 Pa.
Code Chapter 130, Subchapters B and C (relating to consumer products
and architectural and industrial maintenance (AIM) coatings) in order
to reduce volatile organic compounds (VOCs). This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 21, 2010.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0319 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2010-0319, 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-
2010-0319. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://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 https://www.regulations.gov or e-mail. The https://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 https://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
[[Page 34965]]
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
https://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 https://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 Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 11, 2009, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a revision to its SIP for amendments to 25
Pa. Code Chapter 130, Subchapters B and C (relating to consumer
products and AIM coatings). This SIP revision amends 25 Pa. Code
Chapter 130, Subchapters B by adding VOC content limits for an
additional 11 categories of consumer products and revising the VOC
content limits for one category of consumer products currently
regulated. The revision also adds definitions for approximately 30 new
terms, including those that relate to the newly regulated product
categories and amends definitions for approximately 75 existing terms
in order to provide clarity. Additionally, the term ``VOC--volatile
organic compound'' is added to Subchapter B.
The SIP revision changes the definition of the term ``VOC--volatile
organic compound'' in Subchapter C (relating to AIM coatings) to mirror
the definition of the term in 25 Pa. Code Chapter 121 (relating to
definitions). This revision will make the most currently VOC exempt
compounds available as tools to reduce ozone formation.
The standards and requirements contained in Pennsylvania's consumer
products rule are consistent with 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
This SIP revision consists of the following amendments:
1. Adds and/or amends definitions, terms, and sections in 25 Pa.
Code Chapter 130, Subchapters B and C for clarity, style, format, and
consistency with the OTC Model Rule and Federal definitions.
2. Adds and/or amends sections in 25 Pa. Code Chapter 130,
Subchapter B in order to incorporate future changes in test procedures,
delete an unnecessary reference to a California regulatory provision,
delete and move definitions and terms, allow for the sell-through of
product manufactured prior to applicable effective dates, update the
product dating, establish the lowest applicable VOC limit requirements,
require additional information on product containers, and establish
requirements for a variance or alternative control plan (ACP).
3. Establishes under 25 Pa. Code Chapter 130, Subchapter B,
applicability to any person who sells, supplies, offers for sale, or
manufactures consumer products on and after applicable compliance
dates.
4. Establishes under 25 Pa. Code Chapter 130, Subchapter B, the
percentage of VOC by weight that cannot be exceeded for consumer
products that are sold, supplied, offered for sale or manufactured for
sale in the Commonwealth of Pennsylvania, and lists exemptions from the
VOC limits. The rule also contains requirements for the following: (1)
Products registered under FIFRA, (2) products requiring dilution, (3)
sell-through of products, (4) aerosols adhesives, (5) charcoal lighter
materials, and (6) floor wax strippers.
5. Establishes under 25 Pa. Code Chapter 130, Subchapter B,
exemptions for the following: (1) Products for shipment and use outside
the Commonwealth, (2) antiperspirants and deodorants, (3) products
registered under FIFRA, (4) air fresheners, (5) adhesives, (6) bait
station insecticides, and (7) fragrances.
6. Establishes under 25 Pa. Code Chapter 130, Subchapter B,
applicability for ACPs for consumer products and criteria for
innovative products exemption and requirements for waiver requests. The
rule also contains grounds for requesting a variance, as well as
applicability for ACPs for consumer products. ACPs for consumer
products are provided 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
administrative requirements: (1) Product dating, (2) most restrictive
limit, (3) labeling, and (4) recordkeeping and reporting, as well as
test methods for demonstrating compliance.
7. Establishes under 25 Pa. Code Chapter 130, Subchapter C, the
meaning of ``VOC--volatile organic compound,'' unless the context
clearly indicates otherwise.
Further details of the Commonwealth of Pennsylvania'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 25 Pa. Code Chapter
130, Subchapters B and C meet the SIP revision requirements of the CAA
and is proposing to approve the amendments to Pennsylvania's Consumer
Products and AIM Coatings Regulations. This revision will result in the
reduction of VOC emissions in the Commonwealth of Pennsylvania. 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 Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions
[[Page 34966]]
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 Pennsylvania's amendment
to 25 Pa. Code Chapter 130, Subchapters B and C (relating to
Pennsylvania's Consumer Products and AIM Coatings Regulations), 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. 2010-14777 Filed 6-18-10; 8:45 am]
BILLING CODE 6560-50-P