Approval and Promulgation of Implementation Plans; Illinois; Consumer Products and AIM Rules, 66663-66666 [2011-27810]
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Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Proposed Rules
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Internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s Web page at https://
www.faa.gov/airports_airtraffic/
air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9 a.m. and 5
p.m., Monday through Friday, except
federal holidays. An informal docket
may also be examined during normal
business hours at the Northwest
Mountain Regional Office of the Federal
Aviation Administration, Air Traffic
Organization, Western Service Center,
Operations Support Group, 1601 Lind
Avenue, SW., Renton, WA 98057.
Persons interested in being placed on
a mailing list for future NPRM’s should
contact the FAA’s Office of Rulemaking,
(202) 267–9677, for a copy of Advisory
Circular No. 11–2A, Notice of Proposed
Rulemaking Distribution System, which
describes the application procedure.
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) Part 71 by modifying Class D
airspace at Santa Monica Municipal
Airport, CA, to accommodate IFR
aircraft departing and arriving at the
airport. This action, initiated by FAA’s
biennial review of the Santa Monica
Municipal Airport airspace area, and
based on the results of a study
conducted by the Los Angeles Visual
Flight Rules (VFR) Task Force, and the
Los Angeles Class B Workgroup, would
enhance the safety and management of
IFR operations at the airport. Class D
airspace designations are published in
paragraph 5000, of FAA Order 7400.9V,
dated August 9, 2011, and effective
September 15, 2011, which is
incorporated by reference in 14 CFR
71.1. The Class D airspace designation
listed in this document will be
published subsequently in this Order.
The FAA has determined this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current.
Therefore, this proposed regulation; (1)
Is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
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routine matter that will only affect air
traffic procedures and air navigation, it
is certified this proposed rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
Section 106, describes the authority for
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
amend this proposal for controlled
airspace at Santa Monica Municipal
Airport, Santa Monica, CA.
miles northeast, and that airspace beginning
at the intersection of the 2.7-mile radius and
287° bearing from the airport to lat. 34°01′43″
N., long. 118°31′49″ W.; to lat. 33°59′06″ N.,
long. 118°32′16″ W.; to lat. 33°58′47″ N.,
long. 118°31′43″ W.; to lat. 33°58′04″ N.,
long. 118°31′42″ W.; to lat. 33°58′04″ N.,
long. 118°30′25″ W.; to lat. 33°57′00″ N.,
long. 118°28′41″ W.; to the intersection of the
168° bearing from the airport and the 2.7mile radius of the airport. This Class D
airspace area is effective during the specific
dates and times established in advance by a
Notice to Airmen. The effective date and time
will thereafter be continuously published in
the Airport/Facility Directory.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
[EPA–R05–OAR–2010–0394; FRL–9483–5]
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9V, Airspace
Designations and Reporting Points,
dated August 9, 2011, and effective
September 15, 2011 is amended as
follows:
Paragraph 5000
Class D airspace.
*
*
*
*
*
AWP CA D Santa Monica, CA [Amended]
Santa Monica Municipal Airport, CA
(Lat. 34°00′57″ N., long. 118°27′05″ W.)
That airspace extending upward from the
surface to and including 2,700 feet MSL
within a 2.7-mile radius of Santa Monica
Municipal Airport, and within 1.5 miles each
side of the 047° bearing from the airport
extending from the 2.7-mile radius to 4.6
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Issued in Seattle, Washington, on October
20, 2011.
John Warner,
Manager, Operations Support Group, Western
Service Center.
[FR Doc. 2011–27807 Filed 10–26–11; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval and Promulgation of
Implementation Plans; Illinois;
Consumer Products and AIM Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
Illinois’ volatile organic compound
(VOC) emission limits for consumer
products and architectural and
industrial maintenance (AIM) coatings
and incorporate this new rule into the
State Implementation Plan (SIP) for the
State of Illinois. However, there are four
specific paragraphs in this rule with
deficiencies that EPA is proposing to
conditionally approve, based on a State
commitment to address the deficiencies
no later than one year from the date of
EPA’s conditional approval.
DATES: Comments must be received on
or before November 28, 2011.
ADDRESSES: Submit comments,
identified by Docket ID No. EPA–R05–
OAR–2010–0394, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: blakley.pamela@epa.gov.
3. Fax: (312) 886–4447.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
SUMMARY:
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5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, (AR–
18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office normal hours of operation, and
special arrangements should be made
for deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2010–
0394. 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
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. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
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www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Anthony
Maietta at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
or maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What should I consider as I prepare my
comments for EPA?
II. Background
III. Conditions for Approval
IV. What sources are affected by this
proposed action?
V. What is EPA’s proposed action?
VI. Statutory and Executive Order Reviews
I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date, and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
II. Background
Consumer products are a wide array
of sprays, gels, cleaners, adhesives, and
other chemically formulated products
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that are purchased for personal or
institutional use and that emit VOC
through their use, consumption, storage,
disposal, destruction, or decomposition.
AIM coatings are paints, varnishes, and
other similar coatings that are meant for
use on external surfaces of buildings or
other outside structures and that emit
VOC through similar means to
consumer products.
On April 7, 2010, the Illinois
Environmental Protection Agency
(Illinois EPA) submitted to EPA a
request to approve into the Illinois SIP
Part 223, ‘‘Standards and Limitations for
Organic material Emissions for Area
Sources’’ of Title 35 of the IAC (35 IAC
223). The purpose of the rule is to limit
VOC emissions by requiring reductions
in the VOC content of consumer
products and AIM coatings. 35 IAC 223
consists of 34 new chapters, and is
divided into three subparts (a subpart
for general provisions and one subpart
each for consumer products and AIM
coatings rules). Part 223 includes the
following components for control of
VOC from consumer products and AIM
coatings:
(1) VOC emissions limits, reporting
requirements, and labeling requirements
for consumer products and AIM
coatings sold, supplied, offered for sale,
or manufactured in Illinois.
(2) Specific limitations for the sale,
supply, offered for sale, use, or
manufacture for sale of aerosol
adhesives, floor wax strippers, products
containing ozone-depleting compounds,
and charcoal lighter material.
(3) Test methods for determining
compliance with these rules and for
determining specific aspects of affected
products or coatings.
(4) Alternative compliance plans for
any manufacturer of consumer products
that has been granted an alternative
compliance plan agreement by the
California Air Resources Board (CARB).
(5) A special analysis method for
Methacrylate Traffic Marking Coatings.
(6) Special recordkeeping
requirements for consumer products
that contain perchloroethylene or
methylene chloride.
(7) Additional labeling requirements
for aerosol adhesives, adhesive
removers, electronic cleaners, electrical
cleaners, energized electrical cleaners,
and contact adhesives.
(8) Exemptions for consumer products
produced for sale outside of Illinois,
consumer products whose VOC
emission limits are governed by other
rules, and innovative consumer
products as defined by CARB.
(9) Incorporation by reference: The
State is incorporating by reference a
number of materials. These
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incorporations by reference include test
methods from the American Society for
Testing and Materials, EPA, CARB, the
Bay Area Air Quality Management
District, and the South Coast Air Quality
Management District to determine VOC
content in a number of the product
categories subject to limits in Illinois’
new rule. Also incorporated by
reference are EPA and the California
Code of Regulations (CCR) VOC
standards for consumer products.
Illinois also incorporated by reference
the CCR innovative products exemption
and the alternate control plan. These
incorporations by reference help
persons or companies subject to Illinois’
new 35 IAC Part 223 to comply with the
VOC limits contained therein.
The rules that Illinois adopted and
submitted to EPA for approval are based
on existing CARB regulations and model
rules developed by the Ozone Transport
Commission (OTC) for consumer
products and AIM coatings. The OTC
has developed model rules for several
consumer products and AIM coatings
VOC source categories which OTC
member states (Illinois is not an OTC
member state) have signed a
memorandum of understanding to
adopt. For consumer products, the
CARB regulations and OTC model rule
that Illinois based their rule on are at
least as stringent, and in some cases
more stringent than, EPA’s national
consumer products rule, ‘‘National
Volatile Organic Compound Emission
Standards for Consumer Products,’’ 40
CFR Part 59, Subpart C. For AIM
coatings, the OTC model rule that
Illinois’ rule is based upon is also at
least as stringent, and in some cases
more stringent than, EPA’s AIM coatings
rule, ‘‘National Volatile Organic
Compound Emission Standards for
Architectural Coatings,’’ at 40 CFR Part
59 Subpart D.
deodorants when there should be both
a high- and medium-volatility limit for
this category based on the OTC model
rule. Paragraph (17)(B) of 35 IAC
223.205 erroneously provides two
medium-volatility organic material
limits for non aerosol-based deodorants
when there should be both a high- and
medium-volatility limit for this category
based on the OTC model rule.
On September 2, 2011, Illinois sent
EPA a letter committing to amend these
paragraphs to display the correct limits
and limit categories and submit revised
rules to EPA within one year of our final
rulemaking. Under section 110(k)(4) of
the CAA, EPA may conditionally
approve a portion of a SIP revision
based on a commitment from a state to
adopt specific enforceable measures by
a date certain that is no more than one
year from the date of conditional
approval. In this action, we are
proposing to approve a portion of the
SIP revision that Illinois has submitted
on the condition that the specified
deficiencies in the SIP revision are
corrected as discussed in Illinois’
September 2, 2011, letter. If this
condition is not fulfilled within one
year of the effective date of final
rulemaking, the conditional approval
will automatically revert to disapproval,
as of the deadline for meeting the
conditions, without further action from
EPA. EPA would subsequently publish
a notice in the Federal Register
informing the public of a disapproval. If
Illinois submits final and effective rule
revisions correcting the deficiencies, as
discussed above, within one year from
this conditional approval becoming
final and effective, EPA will publish a
subsequent notice in the Federal
Register to acknowledge conversion of
the conditional approval to a full
approval.
III. Conditions for Approval
A rule-by-rule review of Illinois’
submittal showed that four paragraphs
contained errors. Paragraph (6)(A) of 35
IAC 223.205 erroneously provides two
high-volatility organic material limits
for aerosol-based antiperspirants when
there should be both a high- and
medium-volatility limit for this category
based on the OTC model rule. Paragraph
(6)(B) of 35 IAC 223.205 erroneously
provides two medium-volatility organic
material limits for non aerosol-based
antiperspirants when there should be
both a high- and medium-volatility limit
for this category based on the OTC
model rule.
Paragraph (17)(A) of 35 IAC 223.205
erroneously provides two high-volatility
organic material limits for aerosol-based
IV. What sources are affected by this
proposed action?
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Anyone who sells, supplies, offers for
sale, or manufactures consumer
products and AIM coatings in Illinois is
affected by this proposed action.
Because of the wide adoption of OTC
model rules for consumer products and
AIM coatings by California, OTC states,
and other Midwestern states, Illinois
expects that some of the reductions from
adoption of these rules have already
been realized. This is because of
existing nationwide compliance with
the OTC model rules by many of the
largest manufacturers of these products.
However, because so many states have
adopted these rules, and many major
manufacturers already comply with
these rules, the burden on affected
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sources will be minor. EPA agrees with
Illinois’ view.
Illinois held two public hearings on
its proposed rule, took public comment
on the proposed rule and also contacted
approximately 600 entities listed as
potentially affected by the rules to
provide these sources an opportunity for
comment on the proposed rule. While
very few of the potentially affected
entities responded, it is clear that
Illinois made an effort to inform them of
the proposed rules.
IV. What is EPA’s proposed action?
We propose to conditionally approve
paragraphs (6)(A), (6)(B), (17)(A), and
(17)(B) of 35 IAC 223.205, based on a
commitment from the State sent on
September 2, 2011 to correct this rule
within one year of our final rulemaking.
If the State fails to make this correction
within the allowed one year period as
discussed above, this conditional
approval will revert to disapproval.
We propose to approve and
incorporate in to the Illinois SIP the rest
of the State’s April 7, 2010, submittal,
that is, the remainder of 35 IAC Part
223, because VOC limits in these rules
are at least as stringent as, and in many
cases are more stringent than, EPA’s
existing limits for these sources.
Therefore, approval of these rules will
strengthen the Illinois SIP.
VI. Statutory and Executive Order
Reviews
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
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in the Unfunded Mandates Reform Act
of 1995 (Pub. L.104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Volatile organic
compounds.
Dated: October 18, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011–27810 Filed 10–26–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 11–169; PP Docket No. 00–
67; FCC 11–153]
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Basic Service Tier Encryption
Compatibility Between Cable Systems
and Consumer Electronics Equipment
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, we propose
a new rule to allow cable operators to
encrypt the basic service tier in alldigital systems, provided that those
cable operators undertake certain
SUMMARY:
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consumer protection measures for a
limited period of time in order to
minimize any potential subscriber
disruption.
DATES: Submit comments on or before
November 28, 2011. Submit reply
comments on or before December 12,
2011.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Brendan Murray,
Brendan.Murray@fcc.gov, of the Media
Bureau, Policy Division, (202) 418–
2120.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking, FCC 11–153,
adopted on October 13, 2011 and
released on October 14, 2011. The full
text of this document is available for
public inspection and copying during
regular business hours in the FCC
Reference Center, Federal
Communications Commission, 445 12th
Street, SW., CY–A257, Washington, DC
20554. This document will also be
available via ECFS (https://www.fcc.gov/
cgb/ecfs/). (Documents will be available
electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text
may be purchased from the
Commission’s copy contractor, 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554. To request these
documents in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an email to
fcc504@fcc.gov or call the Commission’s
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
Summary of the Notice of Proposed
Rulemaking
1. With this Notice of Proposed
Rulemaking (NPRM), we seek comment
on whether to retain the basic service
tier encryption prohibition for all-digital
cable systems. As discussed below, we
tentatively conclude that allowing cable
operators to encrypt the basic service
tier in all-digital systems will not
substantially affect compatibility
between cable service and consumer
electronics equipment for most
subscribers. At the same time, however,
we recognize that some consumers
subscribe only to a cable operator’s
digital basic service tier and currently
are able to do so without using a set-top
box or other equipment. Similarly, there
are consumers that may have a set-top
box on a primary television but access
the unencrypted digital basic service
tier on second or third televisions in
their home without using a set-top box
or other equipment. Although we expect
the number of subscribers in these
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situations to be relatively small, these
consumers may be affected by lifting the
encryption prohibition for all-digital
cable systems. Accordingly, we
tentatively conclude that, any operators
of all-digital cable systems that choose
to encrypt the basic service tier must
comply with certain consumer
protection measures for a limited period
of time in order to minimize any
potential subscriber disruption.
2. In the Cable Television Consumer
Protection and Competition Act of 1992
(1992 Cable Act), Congress recognized
that compatibility problems between
cable service and consumer electronics
equipment were limiting and/or
precluding the operation of premium
features of consumer equipment and
were affecting the ability of consumer
equipment to receive cable
programming. Section 624A of the Act
was added by Section 17 of the 1992
Cable Act to address this issue.
Specifically, section 624A requires the
Commission to issue regulations to
assure compatibility between consumer
electronics equipment and cable
systems. In 1994, the Commission
implemented the requirements of
section 624A. As part of that
implementation, the Commission added
§ 76.630(a) to its rules. Section 76.630(a)
of the Commission’s rules prohibits
cable operators from scrambling or
encrypting signals carried on the basic
tier of service. The Commission
determined that this rule would
significantly advance compatibility by
ensuring that all subscribers would be
able to receive basic tier signals ‘‘in the
clear’’ and that basic-only subscribers
with cable-ready televisions would not
need set-top boxes. The Commission
concluded that ‘‘[t]his rule also will
have minimal impact on the cable
industry in view of the fact that most
cable systems now generally do not
scramble basic tier signals.’’
3. Subsequent to the Commission’s
adoption of the encryption ban, cable
operators began to upgrade their
systems to offer digital cable service.
More recently, cable operators’
transition to more efficient all-digital
systems has freed up spectrum to offer
new or improved products and services
like higher-speed Internet access and
high definition programming. As a
result of this digital transition, most
cable subscribers now have at least one
cable set-top box or CableCARD device
in their homes. As cable operators began
to transition programming on their cable
programming service tier (CPST) to
digital, many program carriage
agreements required cable operators to
encrypt that programming as a
condition of carriage. Encryption refers
E:\FR\FM\27OCP1.SGM
27OCP1
]]>Agencies
[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Proposed Rules]
[Pages 66663-66666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27810]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0394; FRL-9483-5]
Approval and Promulgation of Implementation Plans; Illinois;
Consumer Products and AIM Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve Illinois' volatile organic
compound (VOC) emission limits for consumer products and architectural
and industrial maintenance (AIM) coatings and incorporate this new rule
into the State Implementation Plan (SIP) for the State of Illinois.
However, there are four specific paragraphs in this rule with
deficiencies that EPA is proposing to conditionally approve, based on a
State commitment to address the deficiencies no later than one year
from the date of EPA's conditional approval.
DATES: Comments must be received on or before November 28, 2011.
ADDRESSES: Submit comments, identified by Docket ID No. EPA-R05-OAR-
2010-0394, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: blakley.pamela@epa.gov.
3. Fax: (312) 886-4447.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
[[Page 66664]]
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-0394. 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 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. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Anthony Maietta at (312) 353-
8777 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, or
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What should I consider as I prepare my comments for EPA?
II. Background
III. Conditions for Approval
IV. What sources are affected by this proposed action?
V. What is EPA's proposed action?
VI. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. Background
Consumer products are a wide array of sprays, gels, cleaners,
adhesives, and other chemically formulated products that are purchased
for personal or institutional use and that emit VOC through their use,
consumption, storage, disposal, destruction, or decomposition. AIM
coatings are paints, varnishes, and other similar coatings that are
meant for use on external surfaces of buildings or other outside
structures and that emit VOC through similar means to consumer
products.
On April 7, 2010, the Illinois Environmental Protection Agency
(Illinois EPA) submitted to EPA a request to approve into the Illinois
SIP Part 223, ``Standards and Limitations for Organic material
Emissions for Area Sources'' of Title 35 of the IAC (35 IAC 223). The
purpose of the rule is to limit VOC emissions by requiring reductions
in the VOC content of consumer products and AIM coatings. 35 IAC 223
consists of 34 new chapters, and is divided into three subparts (a
subpart for general provisions and one subpart each for consumer
products and AIM coatings rules). Part 223 includes the following
components for control of VOC from consumer products and AIM coatings:
(1) VOC emissions limits, reporting requirements, and labeling
requirements for consumer products and AIM coatings sold, supplied,
offered for sale, or manufactured in Illinois.
(2) Specific limitations for the sale, supply, offered for sale,
use, or manufacture for sale of aerosol adhesives, floor wax strippers,
products containing ozone-depleting compounds, and charcoal lighter
material.
(3) Test methods for determining compliance with these rules and
for determining specific aspects of affected products or coatings.
(4) Alternative compliance plans for any manufacturer of consumer
products that has been granted an alternative compliance plan agreement
by the California Air Resources Board (CARB).
(5) A special analysis method for Methacrylate Traffic Marking
Coatings.
(6) Special recordkeeping requirements for consumer products that
contain perchloroethylene or methylene chloride.
(7) Additional labeling requirements for aerosol adhesives,
adhesive removers, electronic cleaners, electrical cleaners, energized
electrical cleaners, and contact adhesives.
(8) Exemptions for consumer products produced for sale outside of
Illinois, consumer products whose VOC emission limits are governed by
other rules, and innovative consumer products as defined by CARB.
(9) Incorporation by reference: The State is incorporating by
reference a number of materials. These
[[Page 66665]]
incorporations by reference include test methods from the American
Society for Testing and Materials, EPA, CARB, the Bay Area Air Quality
Management District, and the South Coast Air Quality Management
District to determine VOC content in a number of the product categories
subject to limits in Illinois' new rule. Also incorporated by reference
are EPA and the California Code of Regulations (CCR) VOC standards for
consumer products. Illinois also incorporated by reference the CCR
innovative products exemption and the alternate control plan. These
incorporations by reference help persons or companies subject to
Illinois' new 35 IAC Part 223 to comply with the VOC limits contained
therein.
The rules that Illinois adopted and submitted to EPA for approval
are based on existing CARB regulations and model rules developed by the
Ozone Transport Commission (OTC) for consumer products and AIM
coatings. The OTC has developed model rules for several consumer
products and AIM coatings VOC source categories which OTC member states
(Illinois is not an OTC member state) have signed a memorandum of
understanding to adopt. For consumer products, the CARB regulations and
OTC model rule that Illinois based their rule on are at least as
stringent, and in some cases more stringent than, EPA's national
consumer products rule, ``National Volatile Organic Compound Emission
Standards for Consumer Products,'' 40 CFR Part 59, Subpart C. For AIM
coatings, the OTC model rule that Illinois' rule is based upon is also
at least as stringent, and in some cases more stringent than, EPA's AIM
coatings rule, ``National Volatile Organic Compound Emission Standards
for Architectural Coatings,'' at 40 CFR Part 59 Subpart D.
III. Conditions for Approval
A rule-by-rule review of Illinois' submittal showed that four
paragraphs contained errors. Paragraph (6)(A) of 35 IAC 223.205
erroneously provides two high-volatility organic material limits for
aerosol-based antiperspirants when there should be both a high- and
medium-volatility limit for this category based on the OTC model rule.
Paragraph (6)(B) of 35 IAC 223.205 erroneously provides two medium-
volatility organic material limits for non aerosol-based
antiperspirants when there should be both a high- and medium-volatility
limit for this category based on the OTC model rule.
Paragraph (17)(A) of 35 IAC 223.205 erroneously provides two high-
volatility organic material limits for aerosol-based deodorants when
there should be both a high- and medium-volatility limit for this
category based on the OTC model rule. Paragraph (17)(B) of 35 IAC
223.205 erroneously provides two medium-volatility organic material
limits for non aerosol-based deodorants when there should be both a
high- and medium-volatility limit for this category based on the OTC
model rule.
On September 2, 2011, Illinois sent EPA a letter committing to
amend these paragraphs to display the correct limits and limit
categories and submit revised rules to EPA within one year of our final
rulemaking. Under section 110(k)(4) of the CAA, EPA may conditionally
approve a portion of a SIP revision based on a commitment from a state
to adopt specific enforceable measures by a date certain that is no
more than one year from the date of conditional approval. In this
action, we are proposing to approve a portion of the SIP revision that
Illinois has submitted on the condition that the specified deficiencies
in the SIP revision are corrected as discussed in Illinois' September
2, 2011, letter. If this condition is not fulfilled within one year of
the effective date of final rulemaking, the conditional approval will
automatically revert to disapproval, as of the deadline for meeting the
conditions, without further action from EPA. EPA would subsequently
publish a notice in the Federal Register informing the public of a
disapproval. If Illinois submits final and effective rule revisions
correcting the deficiencies, as discussed above, within one year from
this conditional approval becoming final and effective, EPA will
publish a subsequent notice in the Federal Register to acknowledge
conversion of the conditional approval to a full approval.
IV. What sources are affected by this proposed action?
Anyone who sells, supplies, offers for sale, or manufactures
consumer products and AIM coatings in Illinois is affected by this
proposed action. Because of the wide adoption of OTC model rules for
consumer products and AIM coatings by California, OTC states, and other
Midwestern states, Illinois expects that some of the reductions from
adoption of these rules have already been realized. This is because of
existing nationwide compliance with the OTC model rules by many of the
largest manufacturers of these products. However, because so many
states have adopted these rules, and many major manufacturers already
comply with these rules, the burden on affected sources will be minor.
EPA agrees with Illinois' view.
Illinois held two public hearings on its proposed rule, took public
comment on the proposed rule and also contacted approximately 600
entities listed as potentially affected by the rules to provide these
sources an opportunity for comment on the proposed rule. While very few
of the potentially affected entities responded, it is clear that
Illinois made an effort to inform them of the proposed rules.
IV. What is EPA's proposed action?
We propose to conditionally approve paragraphs (6)(A), (6)(B),
(17)(A), and (17)(B) of 35 IAC 223.205, based on a commitment from the
State sent on September 2, 2011 to correct this rule within one year of
our final rulemaking. If the State fails to make this correction within
the allowed one year period as discussed above, this conditional
approval will revert to disapproval.
We propose to approve and incorporate in to the Illinois SIP the
rest of the State's April 7, 2010, submittal, that is, the remainder of
35 IAC Part 223, because VOC limits in these rules are at least as
stringent as, and in many cases are more stringent than, EPA's existing
limits for these sources. Therefore, approval of these rules will
strengthen the Illinois SIP.
VI. Statutory and Executive Order Reviews
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
[[Page 66666]]
in the Unfunded Mandates Reform Act of 1995 (Pub. L.104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Volatile organic
compounds.
Dated: October 18, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-27810 Filed 10-26-11; 8:45 am]
BILLING CODE 6560-50-P
