Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Amendment to Consumer Products and Architectural and Industrial Maintenance Coatings Regulations, 63717-63721 [2010-25317]
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Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0864 to read as
follows:
■
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§ 165.T01–0864 Security Zone: Escorted
Passenger Vessels, Sector Southeastern
New England Captain of the Port Zone.
(a) Location. The following areas are
security zones: All navigable waters
within the Sector Southeastern New
England Captain of the Port Zone,
extending from the surface to the sea
floor, that are:
(1) Within a maximum 200-yard
radius of any passenger vessel that is
underway and is under escort of U.S.
Coast Guard law enforcement personnel,
or
(2) Within a maximum 100-yard
radius of any passenger vessel that is
anchored, at any berth, moored, or in
the process of mooring.
(b) Definitions. As used in this
section—
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been designated
by the Captain of the Port to act on his
behalf. The on-scene representative may
be on a Coast Guard vessel, or onboard
a Federal, State, or local agency vessel
that is authorized to act in support of
the Coast Guard.
Passenger vessel means any passenger
vessel over 100 gross tons authorized to
carry more than 500 passengers for hire
making voyages, any part of which is on
the high seas, and for which passengers
are embarked, disembarked or pay a
port call, in the Sector Southeastern
New England Captain of the Port Zone.
Sector Southeastern New England
Captain of the Port Zone means the area
defined in 33 CFR 3.05–20.
(c) Notification. Sector Southeastern
New England Captain of the Port will
give actual notice to mariners for the
purpose of enforcement of this
temporary security zone. In addition,
the Coast Guard will broadcast the area
designated as a security zone for the
duration of the enforcement period via
Broadcast Notice to Mariners.
(d) Effective and enforcement period.
This rule is effective with actual notice
for purposes of enforcement from
September 22, 2010, through 8 a.m. on
April 1, 2011.
(c) Regulations. (1) In accordance with
the general regulations in § 165.33 of
this part, entry into or movement within
these zones is prohibited unless
authorized by the Captain of the Port
Southeastern New England or his
designated representative.
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(2) All persons and vessels must
comply with the instructions of the
Captain of the Port or his designated
representative. Emergency response
vessels are authorized to move within
the zone, but must abide by the
restrictions imposed by the Captain of
the Port or his designated
representative.
(3) No person may swim upon or
below the surface of the water within
the boundaries of these security zones
unless previously authorized by the
Captain of the Port or his designated
representative.
(4) Upon being hailed by a U.S. Coast
Guard vessel or his designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
(5) Vessel operators desiring to enter
or operate within the security zone shall
contact the Captain of the Port or his
designated representative via VHF
channel 16 to obtain permission to do
so.
Dated: September 22, 2010.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port, Southeastern New England.
[FR Doc. 2010–26099 Filed 10–15–10; 8:45 am]
BILLING CODE 9110–04–P
63717
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0319. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0319; FRL–9211–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Amendment to
Consumer Products and Architectural
and Industrial Maintenance Coatings
Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving 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
SIP 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: Effective Date: This final rule is
effective on November 17, 2010.
SUMMARY:
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I. Background
On June 21, 2010 (75 FR 34964), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of a revision of
the Pennsylvania SIP that 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 NPR
also proposed approval of amendments
to the SIP that add definitions for
approximately 30 new terms and
amends definitions for approximately
75 existing terms in order to provide
clarity. Additionally, the term ‘‘VOCvolatile organic compound’’ is added to
Subchapter B. The NPR proposed
approval of a revision to the SIP that
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). EPA received no comments
on the NPR that proposed approval of
Pennsylvania’s SIP revision. The formal
SIP revision was submitted by the
Commonwealth of Pennsylvania on
March 11, 2009.
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Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations
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II. Summary of SIP Revision
This SIP revision makes 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 Ozone Transport Commission
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; deletes an unnecessary
reference to a California regulatory
provision; deletes and moves definitions
and terms; allows for the sell-through of
product manufactured prior to
applicable effective dates; updates the
product dating; establishes the lowest
applicable VOC limit requirements;
requires additional information on
product containers; and establishes
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 Federal Insecticide, Fungicide
and Rodenticide Act, (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, 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
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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 the June 21,
2010 proposed rulemaking action.
III. Final Action
EPA is approving the Pennsylvania
SIP revision that amends 25 Pa. Code
Chapter 130, Subchapters B and C
(relating to consumer products and AIM
coatings) in order to reduce VOCs.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. 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);
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• 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 CAA; 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.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 17, 2010. Filing a
petition for reconsideration by the
Administrator of this final 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
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.
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Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations
List of Subjects in 40 CFR Part 52
PART 52—[AMENDED]
Environmental protection, Air
pollution control, Incorporation by
reference, Volatile organic compounds,
Ozone, Reporting and recordkeeping
requirements.
■
Dated: September 17, 2010.
W.C. Early,
Acting, Regional Administrator, Region III.
■
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(c)(1) is amended by:
■ a. Adding entries for Section 130.217
and 130.338.
■ b. Revising entries for Sections
130.201, 130.202, 130.211, 130.213,
■
40 CFR part 52 is amended as follows:
State citation
130.214, 130.215, 130.331, 130.332,
130.334, 130.335, 130.371, 130.372,
130.373, 130.411, 130.412, 130.414,
130.452, 130.453, 130.454, 130.455,
130.457, 130.458, 130.460, 130.462,
130.465, 130.471, 130.602.
The amendments read as follows:
State effective
date
Title/subject
§ 52.2020
*
Identification of plan.
*
*
(c) * * *
(1) * * *
*
*
Additional explanation/§ 52.2063
citation
EPA approval date
TITLE 25. ENVIRONMENTAL PROTECTION
ARTICLE III. AIR RESOURCES
*
*
*
*
*
*
*
*
*
*
*
*
Chapter 130—Standards for Products
*
*
*
*
Subchapter B—Consumer Products
General Provisions
Section 130.201 ........
Applicability ................................
10/11/08
Section 130.202 ........
Definitions ...................................
10/11/08
October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
Standard
Section 130.211 ........
Table of standards .....................
10/11/08
October 18, 2010 [Insert page
number where the document
begins].
*
Section 130.213 ........
*
Products
FIFRA.
*
under
*
10/11/08
Section 130.214 ........
Requirements for charcoal lighter materials.
10/11/08
Section 130.215 ........
Requirements for aerosol adhesives.
10/11/08
*
October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
*
Section 130.217 ........
*
*
Sell-through of products .............
*
10/11/08
registered
*
October 18, 2010 [Insert page
number where the document
begins].
*
*
Adds section to allow for the
sell-through of product manufactured prior to applicable effective dates.
Exemptions
Products for shipment and use
outside this Commonwealth.
10/11/08
Section 130.332 ........
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Section 130.331 ........
Antiperspirants and deodorants
10/11/08
*
Section 130.334 ........
*
Products
FIFRA.
*
10/11/08
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registered
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*
under
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October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
*
October 18, 2010 [Insert page
number where the document
begins].
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*
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Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations
State effective
date
Additional explanation/§ 52.2063
citation
State citation
Title/subject
Section 130.335 ........
Air fresheners .............................
10/11/08
October 18, 2010 [Insert page
number where the document
begins].
*
Section 130.338 ........
*
*
Fragrances .................................
*
10/11/08
*
October 18, 2010 [Insert page
number where the document
begins].
*
*
*
EPA approval date
*
*
Added section.
*
*
*
*
*
*
*
October 18, 2010 [Insert page
number where the document
begins].
*
*
*
*
*
*
October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
*
*
*
October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
*
*
*
October 18, 2010 [Insert page
number where the document
begins].
*
*
Administrative Requirements
Section 130.371 ........
Code-dating ................................
10/11/08
Section 130.372 ........
Most restrictive limit ...................
10/11/08
Section 130.373 ........
Additional labeling requirements
for aerosol adhesives.
10/11/08
*
*
*
October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
*
*
Variances
Section 130.411 ........
Application for variance ..............
10/11/08
Section 130.412 ........
Variance orders ..........................
10/11/08
*
Section 130.414 ........
*
*
Modification of variance .............
*
10/11/08
*
*
*
October 18, 2010 [Insert page
number where the document
begins].
October 18, 2010 [Insert page
number where the document
begins].
*
ACP for Consumer Products
*
Section 130.452 ........
*
*
Exemption ..................................
*
10/11/08
Section 130.453 ........
Request for exemption ...............
10/11/08
Section 130.454 ........
Application for an ACP ...............
10/11/08
Section 130.455 ........
Recordkeeping and availability
of requested information.
10/11/08
*
Section 130.457 ........
*
*
Limited-use surplus reduction
credits for early reformulations
of ACP products.
Reconciliation of shortfalls .........
*
10/11/08
*
*
Modifications that require Department preapproval.
*
10/11/08
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Section 130.458 ........
*
Section 130.460 ........
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Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations
State effective
date
Additional explanation/§ 52.2063
citation
State citation
Title/subject
EPA approval date
*
Section 130.462 ........
*
*
Modification of an ACP by the
Department.
*
10/11/08
*
October 18, 2010 [Insert page
number where the document
begins].
*
*
*
Section 130.465 ........
*
*
Other applicable requirements ...
*
10/11/08
*
October 18, 2010 [Insert page
number where the document
begins].
*
*
*
October 18, 2010 [Insert page
number where the document
begins].
*
*
*
*
*
Public Hearing Requirements
Section 130.471 ........
Public hearings ...........................
10/11/08
October 18, 2010 [Insert page
number where the document
begins].
Subchapter C—Architectural and Industrial Maintenance Coatings
*
Section 130.602 ........
*
*
Definitions ...................................
*
*
*
*
*
*
*
*
[FR Doc. 2010–25317 Filed 10–15–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100803321–0477–01]
RIN 0648–BA08
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Framework Adjustment 21; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Correcting amendments.
AGENCY:
On June 28, 2010, NMFS
published in the Federal Register the
final rule to implement Framework
Adjustment 21 (Framework 21) to the
Atlantic Sea Scallop Fishery
Management Plan (Scallop FMP), which
established management measures for
the 2010 scallop fishing year (FY).
Following publication, NMFS identified
errors, omissions, and possible need for
clarification of some provisions. In
addition to certain technical and
wording clarifications, the Framework
21 final rule inadvertently did not
incorporate a proposed regulatory
provision pertaining to how scallop
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SUMMARY:
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*
access area trip overages incurred
during the interim period between the
March 1, 2010, start of the fishing year
(FY) and the implementation of
Framework 21 FY 2010 management
measures would be applied to FY 2011.
This provision was described in the
proposed rule and NMFS subsequently
responded to specific comments on this
provision and provided greater detail of
this measure in the preamble of the final
rule. However, the regulatory text was
inadvertently excluded. In addition, the
Framework 21 final rule inadvertently
deleted regulations pertaining to limited
access general category (LAGC)
possession and landing limits
promulgated in the final rule
implementing Amendment 11 to the
Scallop FMP that published in the
Federal Register on April 24, 2008. This
correcting amendment corrects these
errors.
DATES:
Effective October 18, 2010.
FOR FURTHER INFORMATION CONTACT:
Emily Bryant, Fishery Policy Analyst,
(978) 281–9244.
SUPPLEMENTARY INFORMATION: On June
28, 2010, the final rule for Framework
21 published in the Federal Register (75
FR 36559). The purpose of Framework
21, developed by the New England
Fishery Management Council, was to set
scallop management measures for FY
2010. The final rule to Framework 21
also included revisions to regulatory
text at 50 CFR part 648 in order to
remove or clarify text that was
duplicative and unnecessary, outdated,
or unclear.
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This action corrects errors and
omissions, and provides clarification in
the final rule for Framework 21. Because
Framework 21 was not implemented by
the start of the FY on March 1, 2010,
and the regulations in effect at the start
of FY 2010 were inconsistent with
Framework 21 specifications, the
preamble to the proposed and final rules
discussed how FY 2010 overages in
scallop days-at-sea (DAS), access area
trips, and possession limits incurred
prior to Framework 21’s effectiveness
would be applied to FY 2011
allocations. NMFS received one
comment specifically addressing the
provision for Elephant Trunk Access
Area (ETAA) trip overages for limited
access full-time scallop vessels during
the comment period on the proposed
rule and, based on this comment, NMFS
intended to clarify this provision in the
final rule. However, the specific
reference to the ETAA trip overage
provision was inadvertently omitted
from the regulatory text. This action
corrects this error by including the
regulatory text to this specific provision
in § 648.60.
This action also makes minor editorial
revisions to the regulatory text at
§§ 648.14(i)(2)(i)(G) and
648.53(h)(5)(iv)(A) to ensure that the
regulatory language incorporated
through the Framework 21 final rule is
consistent with the language in other
sections of the regulations. This action
also corrects the title of a required
vessel monitoring system (VMS) form
for LAGC Northern Gulf of Maine
(NGOM) and Individual Fishing Quota
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]]>Agencies
[Federal Register Volume 75, Number 200 (Monday, October 18, 2010)]
[Rules and Regulations]
[Pages 63717-63721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25317]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0319; FRL-9211-6]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving 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 SIP 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: Effective Date: This final rule is effective on November 17,
2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0319. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
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 June 21, 2010 (75 FR 34964), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval of a revision of the Pennsylvania SIP that 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 NPR also proposed approval of amendments to the SIP that
add definitions for approximately 30 new terms 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 NPR proposed approval of a revision to the SIP that
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). EPA
received no comments on the NPR that proposed approval of
Pennsylvania's SIP revision. The formal SIP revision was submitted by
the Commonwealth of Pennsylvania on March 11, 2009.
[[Page 63718]]
II. Summary of SIP Revision
This SIP revision makes 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 Ozone Transport Commission 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;
deletes an unnecessary reference to a California regulatory provision;
deletes and moves definitions and terms; allows for the sell-through of
product manufactured prior to applicable effective dates; updates the
product dating; establishes the lowest applicable VOC limit
requirements; requires additional information on product containers;
and establishes 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 Federal Insecticide, Fungicide and
Rodenticide Act, (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, 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 the
June 21, 2010 proposed rulemaking action.
III. Final Action
EPA is approving the Pennsylvania SIP revision that amends 25 Pa.
Code Chapter 130, Subchapters B and C (relating to consumer products
and AIM coatings) in order to reduce VOCs.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 17, 2010. Filing a petition for
reconsideration by the Administrator of this final 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 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.
[[Page 63719]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Volatile organic compounds, Ozone, Reporting and
recordkeeping requirements.
Dated: September 17, 2010.
W.C. Early,
Acting, Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by:
0
a. Adding entries for Section 130.217 and 130.338.
0
b. Revising entries for Sections 130.201, 130.202, 130.211, 130.213,
130.214, 130.215, 130.331, 130.332, 130.334, 130.335, 130.371, 130.372,
130.373, 130.411, 130.412, 130.414, 130.452, 130.453, 130.454, 130.455,
130.457, 130.458, 130.460, 130.462, 130.465, 130.471, 130.602.
The amendments read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Additional
State citation Title/subject State EPA approval date explanation/Sec.
effective date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
TITLE 25. ENVIRONMENTAL PROTECTION
ARTICLE III. AIR RESOURCES
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 130--Standards for Products
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B--Consumer Products
General Provisions
----------------------------------------------------------------------------------------------------------------
Section 130.201................ Applicability....... 10/11/08 October 18, 2010 ...................
[Insert page number
where the document
begins].
Section 130.202................ Definitions......... 10/11/08 October 18, 2010 ...................
[Insert page number
where the document
begins].
----------------------------------------------------------------------------------------------------------------
Standard
----------------------------------------------------------------------------------------------------------------
Section 130.211................ Table of standards.. 10/11/08 October 18, 2010 ...................
[Insert page number
where the document
begins].
* * * * * * *
Section 130.213................ Products registered 10/11/08 October 18, 2010 ...................
under FIFRA. [Insert page number
where the document
begins].
Section 130.214................ Requirements for 10/11/08 October 18, 2010 ...................
charcoal lighter [Insert page number
materials. where the document
begins].
Section 130.215................ Requirements for 10/11/08 October 18, 2010 ...................
aerosol adhesives. [Insert page number
where the document
begins].
* * * * * * *
Section 130.217................ Sell-through of 10/11/08 October 18, 2010 Adds section to
products. [Insert page number allow for the sell-
where the document through of product
begins]. manufactured prior
to applicable
effective dates.
----------------------------------------------------------------------------------------------------------------
Exemptions
----------------------------------------------------------------------------------------------------------------
Section 130.331............... Products for 10/11/08 October 18, 2010 ...................
shipment and use [Insert page number
outside this where the document
Commonwealth. begins].
Section 130.332................ Antiperspirants and 10/11/08 October 18, 2010 ...................
deodorants. [Insert page number
where the document
begins].
* * * * * * *
Section 130.334................ Products registered 10/11/08 October 18, 2010 ...................
under FIFRA. [Insert page number
where the document
begins].
[[Page 63720]]
Section 130.335................ Air fresheners...... 10/11/08 October 18, 2010 ...................
[Insert page number
where the document
begins].
* * * * * * *
Section 130.338................ Fragrances.......... 10/11/08 October 18, 2010 Added section.
[Insert page number
where the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Administrative Requirements
----------------------------------------------------------------------------------------------------------------
Section 130.371................ Code-dating......... 10/11/08 October 18, 2010 ...................
[Insert page number
where the document
begins].
Section 130.372................ Most restrictive 10/11/08 October 18, 2010 ...................
limit. [Insert page number
where the document
begins].
Section 130.373................ Additional labeling 10/11/08 October 18, 2010 ...................
requirements for [Insert page number
aerosol adhesives. where the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Variances
----------------------------------------------------------------------------------------------------------------
Section 130.411................ Application for 10/11/08 October 18, 2010 ...................
variance. [Insert page number
where the document
begins].
Section 130.412................ Variance orders..... 10/11/08 October 18, 2010 ...................
[Insert page number
where the document
begins].
* * * * * * *
Section 130.414................ Modification of 10/11/08 October 18, 2010 ...................
variance. [Insert page number
where the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
ACP for Consumer Products
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 130.452................ Exemption........... 10/11/08 October 18, 2010 ...................
[Insert page number
where the document
begins].
Section 130.453................ Request for 10/11/08 October 18, 2010 ...................
exemption. [Insert page number
where the document
begins].
Section 130.454................ Application for an 10/11/08 October 18, 2010 ...................
ACP. [Insert page number
where the document
begins].
Section 130.455................ Recordkeeping and 10/11/08 October 18, 2010 ...................
availability of [Insert page number
requested where the document
information. begins].
* * * * * * *
Section 130.457................ Limited-use surplus 10/11/08 October 18, 2010 ...................
reduction credits [Insert page number
for early where the document
reformulations of begins].
ACP products.
Section 130.458................ Reconciliation of 10/11/08 October 18, 2010 ...................
shortfalls. [Insert page number
where the document
begins].
* * * * * * *
Section 130.460................ Modifications that 10/11/08 October 18, 2010 ...................
require Department [Insert page number
preapproval. where the document
begins].
[[Page 63721]]
* * * * * * *
Section 130.462................ Modification of an 10/11/08 October 18, 2010 ...................
ACP by the [Insert page number
Department. where the document
begins].
* * * * * * *
Section 130.465................ Other applicable 10/11/08 October 18, 2010 ...................
requirements. [Insert page number
where the document
begins].
----------------------------------------------------------------------------------------------------------------
Public Hearing Requirements
----------------------------------------------------------------------------------------------------------------
Section 130.471................ Public hearings..... 10/11/08 October 18, 2010 ...................
[Insert page number
where the document
begins].
----------------------------------------------------------------------------------------------------------------
Subchapter C--Architectural and Industrial Maintenance Coatings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 130.602................ Definitions......... 10/11/08 October 18, 2010 ...................
[Insert page number
where the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2010-25317 Filed 10-15-10; 8:45 am]
BILLING CODE 6560-50-P
