Approval and Promulgation of Air Quality Implementation Plans; Indiana; Volatile Organic Compounds; Consumer Products, 38725-38729 [2012-15688]
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Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations
require a Statement of Energy Effects
under Executive Order 13211.
■
2. Add § 165.T13–207 to read as
follows:
Technical Standards
§ 165.T13–207 Safety Zones; Sellwood
Bridge project, Willamette River; Portland,
OR.
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. An
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This rule is
categorically excluded, under figure
2–1, paragraph (34)(g), of the
instruction. This rule involves the
creation of two safety zones.
(a) Location. The safety zone on the
western river bank encompasses all
waters of the Willamette River within
the following four points:
45–27′53.5″
45–27′53.5″
45–27′49.5″
45–27′49.5″
N
N
N
N
122–40′03.5″
122–39′58.5″
122–39′58.5″
122–40′04.5″
W
W
W
W
(b) The safety zone on the eastern
river bank encompasses all waters of the
Willamette River within the following
four points:
45–27′53.5″
45–27′53.5″
45–27′49.5″
45–27′49.5″
N
N
N
N
122–39′50.5″
122–39′55.0″
122–39′55.0″
122–39′47.0″
W
W
W
W
(c) Regulations. In accordance with
the general regulations in 33 CFR Part
165, subpart C, no person may enter or
remain in the safety zones created in
this section or bring, cause to be
brought, or allow to remain in the safety
zones created in this section any
vehicle, vessel, or object unless
authorized by the Captain of the Port
Columbia River or his designated
representative. The Captain of the Port
Columbia River may be assisted by other
federal, state, or local agencies with the
enforcement of the safety zones.
(d) Enforcement Period. The safety
zones created by this section will be in
effect from 11 a.m. on July 1, 2012
through 11:00 p.m. on January 31, 2015.
Dated: June 5, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port, Columbia River.
[FR Doc. 2012–15951 Filed 6–28–12; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
ENVIRONMENTAL PROTECTION
AGENCY
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
40 CFR Part 52
[EPA–R05–OAR–2010–1050; FRL–9690–3]
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Volatile Organic Compounds;
Consumer Products
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
■
AGENCY:
Authority: 33 U.S.C. 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, 160.5; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
SUMMARY:
1. The authority citation for part 165
continues to read as follows:
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In this action we are
approving into the Indiana State
Implementation Plan (SIP) the addition
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38725
of a new rule that sets volatile organic
compound (VOC) emissions limits and
other restrictions on consumer products
that are sold, supplied, manufactured,
or offered for sale in the State of
Indiana.
This rule is effective August 28,
2012, unless EPA receives adverse
comments by July 30, 2012. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2010–1050, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (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–
1050. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
DATES:
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Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations
I. Background
II. Contents of Indiana’s Rule
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
new rule that limits VOC in consumer
products. The rule is located within
Title 326 of the Indiana Administrative
Code (IAC) Article 8 ‘‘Volatile Organic
Compound Rules’’ at 326 IAC 8–15. The
rule consists of the following nine
sections:
(1) Section 1, ‘‘Applicability’’
(2) Section 2, ‘‘Definitions’’
(3) Section 3, ‘‘Standards’’
(4) Section 4, ‘‘Exemptions’’
(5) Section 5, ‘‘Innovative products
exemption’’
(6) Section 6, ‘‘Alternative control plan’’
(7) Section 7, ‘‘Administrative
requirements’’
(8) Section 8, ‘‘Record keeping and
reporting requirements’’
(9) Section 9, ‘‘Test methods’’
A discussion of each section and its
approvability is included in section III
of this action.
The rule that Indiana adopted and
submitted to EPA for approval is based
on the model rule developed by the
Ozone Transport Commission (OTC) for
consumer products. The OTC is a multistate organization created under section
176A of the Clean Air Act. It is
responsible for advising EPA on
transport issues and for developing and
implementing regional solutions to the
ground-level ozone problem in the
Northeast and Mid-Atlantic regions.
The OTC has developed this model
rule for consumer products which OTC
member states have signed a
memorandum of understanding to
adopt. The OTC model rule that Indiana
based its rule on is at least as stringent
as, and in most cases is more stringent
than, EPA’s national consumer products
rule, ‘‘National Volatile Organic
Compound Emission Standards for
Consumer Products,’’ 40 CFR part 59,
subpart C. It should be noted that
Indiana is not an OTC member state. By
adopting a rule that mirrors the OTC
model rule, however, Indiana is
strengthening its SIP through
enforceable VOC limits for consumer
products with corresponding
recordkeeping and reporting
requirements.
I. Background
II. Contents of Indiana’s Rule
‘‘Consumer products’’ encompass a
wide array of sprays, gels, cleaners,
adhesives, and other chemically
formulated products that are purchased
for personal or institutional use and that
emit VOCs through their use,
consumption, storage, disposal,
destruction, or decomposition. On
December 7, 2010, the Indiana
Department of Environmental
Management (IDEM) requested that EPA
approve into its SIP the addition of a
The following is a summary of each
section of 326 IAC 8–15 ‘‘Standards for
Consumer and Commercial Products,’’
as submitted on November 7, 2010, and
a discussion of why each section is
approvable into the State’s SIP.
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that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the 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
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, Environmental Protection
Specialist, 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),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
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:
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326 IAC 8–15–1
‘‘Applicability’’
This section makes 326 IAC 8–15
applicable to any person who sells,
supplies, offers for sale, or manufactures
consumer products in the State of
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Indiana on or after June 1, 2011. The
applicability for the rule as outlined in
this section is congruent with the model
OTC language, and therefore is
approvable for inclusion in Indiana’s
SIP.
326 IAC 8–15–2 ‘‘Definitions’’
This section provides definitions of
products, terms, acronyms, and other
language that are unique and/or specific
to this rule. This section is congruent
with the OTC model rule, and therefore
is approvable for inclusion in Indiana’s
SIP.
326 IAC 8–15–3 ‘‘Standards’’
This section codifies VOC standards
for each category of consumer products
affected by 326 IAC 8–15 and includes
additional requirements for certain
product categories. Each category of
consumer product and its associated
VOC limit mirror the OTC model rule as
do additional requirements for certain
product categories, including:
—A ban on use of air toxics, as
classified by the California Code of
Regulations, in antiperspirants and
deodorants.
—A provision establishing how to
determine the VOC content of diluted
products.
—Sell-through provisions for affected
products that were already
manufactured by June 1, 2011.
—An effective date of June 1, 2012, for
any products that are covered by 326
IAC 8–15 and also registered under
the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA).
—A restriction on sale of any charcoal
lighter material that has not been
issued a currently effective
certification by either the California
Air Resources Board (CARB), or
another state air agency in
conjunction with EPA.
—Additional requirements for aerosol
adhesives, including a ban on the sale
or manufacturing of aerosol adhesives
containing methylene chloride,
perchloroethylene, or
trichloroethylene.
—A requirement for floor wax strippers
that ensures that product packaging
clearly indicates ‘‘light/medium’’ and
‘‘heavy’’ dilution ratios that correlate
with the associated VOC limits for
these dilutions.
—Additional requirements for products
containing ozone depleting
compounds.
—Additional requirements for adhesive
removers, contact adhesives, electrical
cleaners, electronic cleaners, footwear
or leather care products, general
purpose degreasers, and graffiti
removers that contain methylene
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chloride, perchloroethylene, or
trichloroethylene.
This section is at least as stringent as
the OTC model rule, and therefore is
approvable for inclusion in Indiana’s
SIP.
326 IAC 8–15–4 ‘‘Exemptions’’
This section outlines conditions for
certain products that may allow them to
be exempt from 326 IAC 8–15, including
an exemption for products
manufactured in the State but meant for
sale outside the State. This section also
allows a retailer (but not manufacturer)
to not be considered in violation of 326
IAC 8–15 if they immediately
discontinue sale of the violating
product, and make good faith efforts to
assure the product met the applicable
requirements of 326 IAC 8–15. Finally,
this section excludes any products that
are regulated under this rule from the
administrative requirements of the rule
if the products are registered under
FIFRA. This section is congruent with
the OTC model rule, and therefore is
approvable.
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326 IAC 8–15–5 ‘‘Innovative Products
Exemption’’
This section allows for an exemption
for products otherwise covered under
326 IAC 8–15, so long as the
manufacturer has been granted an
innovative products exemption by
CARB or the air pollution control
agency of another state with an
innovative products exemption
substantially equivalent to CARB’s. This
section then outlines additional
requirements necessary for Indiana to
consider an innovative products
exemption to be valid within the State.
Finally, this section outlines conditions
in which the innovative products
exemption can expire or be revoked by
the State. This section is congruent with
the OTC model rule, and therefore is
approvable.
326 IAC 8–15–6 ‘‘Alternative Control
Plan’’
This section outlines circumstances in
which a manufacturer of a product
regulated under 326 IAC 8–15 can
provide an alternative method to
comply with the VOC limits contained
in Indiana’s rule. Only manufacturers
who have been granted an alternative
control plan by CARB, or a state air
pollution control agency with
alternative control plans to consumer
product VOC limits that are
substantially equivalent to CARB’s
alternative control plan, may be
exempted from the VOC limits in
Indiana’s rule. The section also outlines
circumstances in which an approved
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alternative control plan can be
considered valid, or can be revoked by
the State. This section is congruent with
the OTC model rule, and therefore is
approvable.
326 IAC 8–15–7
Requirements’’
‘‘Administrative
This section outlines product dating
and labeling requirements for consumer
products manufactured or sold in
Indiana. This section also defines the
most restrictive limit that a product
must meet if it is regulated by FIFRA as
well as 326 IAC 8–15. This section is
congruent with the OTC model rule and
therefore is approvable.
326 IAC 8–15–8 ‘‘Record Keeping and
Reporting Requirements’’
This section outlines the
recordkeeping and reporting
requirements that manufacturers of
products regulated under this rule must
meet. Manufacturers must keep and
make available to Indiana or EPA
information about their product,
including:
—The product manufacturer’s name and
contact information.
—Any claim of confidentiality of the
product.
—The product’s name, and a
description of the product category to
which the product belongs.
—Applicable product form or forms
listed separately.
—Identification of each product brand
name and whether it is a household
product, industrial and institutional
product, or both.
—Sales of the product in Indiana in
pounds per year, as well as the
methodology used to achieve the
calculation.
—An identification of each company
that is submitting relevant data about
the product (if it is manufactured
using multiple companies).
—Specific net ‘‘percent by weight’’
information for certain compounds
that may be in the product.
—Specific chemical names of certain
compounds used in the product
formulation.
—Propellant information, if propellant
is used in the product.
This section also specifies which
information a company may present to
the State if it cannot meet the
requirements listed above. Finally, this
section contains special reporting
requirements for products that contain
perchloroethylene or methylene
chloride. This section is congruent with
the OTC model rule, and therefore is
approvable.
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326 IAC 8–15–9
38727
‘‘Test Methods’’
This section outlines methods
acceptable to the State that
manufacturers can use to determine
compliance with the VOC content limits
outlined in the rule. Manufacturers may
use CARB Method 310, a method
approved in writing both by the State of
Indiana and EPA, or through calculation
of the VOC content of constituents used
to make the product. This section also
includes the approved method to test
whether a product is a liquid or solid,
and the approved method to determine
the distillation points of petroleum
distillate-based charcoal lighter
materials. This section is congruent
with the OTC model rule, and therefore
is approvable.
III. What action is EPA taking?
EPA is approving into the Indiana SIP
Title 326 IAC Article 8–15 as adopted
by the State of Indiana and as submitted
to EPA on December 7, 2010. We are
publishing this action without prior
proposal because we view this as a
noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective August 28, 2012 without
further notice unless we receive relevant
adverse written comments by July 30,
2012. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
August 28, 2012.
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 Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
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in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 28, 2012.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 11, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770 the table in paragraph
(c) is amended by adding a new entry
in ‘‘Article 8. Volatile Organic
Compound Rules’’ for ‘‘Rule 15.
Standards for Consumer and
Commercial Products’’ in numerical
order to read as follows:
■
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
*
Subject
Indiana
effective date
*
Indiana citation
*
EPA approval date
*
*
Notes
*
*
*
*
Article 8. Volatile Organic Compound Rules
*
*
*
*
*
Rule 15. Standards for Consumer and Commercial Products
Applicability ..........................
12/1/2010
8–15–2 ..............
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8–15–1 ..............
Definitions ............................
12/1/2010
8–15–3 ..............
Standards .............................
12/1/2010
8–15–4 ..............
Exemptions ..........................
12/1/2010
8–15–5 ..............
Innovative products exemption.
12/1/2010
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EPA-APPROVED INDIANA REGULATIONS—Continued
Indiana
effective date
Indiana citation
Subject
8–15–6 ..............
Alternative control plan ........
12/1/2010
8–15–7 ..............
Administrative requirements
12/1/2010
8–15–8 ..............
Record keeping and reporting requirements.
Test methods .......................
12/1/2010
8–15–9 ..............
*
*
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 126
[Docket No. USCG–2011–0966]
RIN 1625–AB82
Alternate Tonnage Threshold for Oil
Spill Response Vessels
Coast Guard, DHS.
Final rule; Interpretation.
AGENCY:
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*
*
Table of Contents for Preamble
The Coast Guard is
establishing an alternate size threshold
based on the measurement system
established under the International
Convention on Tonnage Measurement of
Ships, 1969, for oil spill response
vessels, which are properly certificated
under 46 CFR chapter I, subchapter L.
The present size threshold of 500 gross
register tons is based on the U.S.
regulatory measurement system. This
final rule provides an alternative for
owners and operators of offshore supply
vessels that may result in an increase in
oil spill response capacity and
capability. This final rule adopts,
without change, the interim rule
amending 46 CFR part 126 published in
the Federal Register on Monday,
December 12, 2011.
DATES: This final rule is effective June
29, 2012.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0966 and are
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
SUMMARY:
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
DHS Department of Homeland Security
FR Federal Register
GT ITC Gross Tonnage International
Tonnage Convention, 1969
OSV Offshore Supply Vessel
OSRV Oil Spill Response Vessel
U.S.C. United States Code
II. Regulatory History
On Monday, December 12, 2011, the
Coast Guard published an interim rule
with request for comments entitled
Alternate Tonnage Threshold for Oil
Spill Response Vessels in the Federal
PO 00000
Frm 00013
Fmt 4700
Notes
[Insert page number where the document be-
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, inserting
USCG–2011–0966 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this final rule,
call or email Mr. Brian T. Ellis, Coast
Guard Marine Safety Center; telephone
202–475–5636, email
Brian.T.Ellis@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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[FR Doc. 2012–15688 Filed 6–28–12; 8:45 am]
ACTION:
12/1/2010
EPA approval date
Sfmt 4700
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*
Register (76 FR 77128). We received no
comments on the interim rule. No
public meeting was requested and none
was held. This rule is considered to be
an interpretive rule under the
Administrative Procedure Act (5 U.S.C.
551 et seq.) and, therefore, the 30-day
delay of the effective date is not
required under 5 U.S.C. 553(d)(2).
III. Basis and Purpose
The interim final rule published in
the Federal Register on Monday,
December 12, 2011 (76 FR 77128)
provides a discussion of the basis and
purpose of this rulemaking, but a
summary of that discussion follows.
This final rule establishes an alternate
tonnage threshold at 6000 Gross
Tonnage International Tonnage
Convention (GT ITC) for oil spill
response vessels (OSRVs) that are also
certificated as offshore supply vessels
(OSVs). The selected alternate tonnage
threshold is consistent with a 6000 GT
ITC alternate threshold established for
OSVs in 1996.1 This final rule will
allow owners of OSVs regulated under
the alternate tonnage framework to also
have their vessels certificated as OSRVs,
without the need to meet significantly
higher standards applicable to tank
vessels.
Because this final rule provides for
optional use of an alternative approach
to meet an existing requirement, there is
no mandatory cost to the public. The
authority for this final rule is the 1996
Coast Guard Authorization Act (the Act)
(Pub. L. 104–324), as codified in 46
U.S.C. 3702(f)(2)(A) and 14104(b).
IV. Background
The interim final rule, published in
the Federal Register on Monday,
December 12, 2011 (76 FR 77128),
provides a discussion of the background
of this rulemaking. No comments were
received on the interim final rule and,
1 See Offshore Supply Vessels: Alternate
Tonnage, 61 FR 66613 (Dec. 18, 1996), amending 46
CFR 125.160.
E:\FR\FM\29JNR1.SGM
29JNR1
Agencies
[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Rules and Regulations]
[Pages 38725-38729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15688]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-1050; FRL-9690-3]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Volatile Organic Compounds; Consumer Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In this action we are approving into the Indiana State
Implementation Plan (SIP) the addition of a new rule that sets volatile
organic compound (VOC) emissions limits and other restrictions on
consumer products that are sold, supplied, manufactured, or offered for
sale in the State of Indiana.
DATES: This rule is effective August 28, 2012, unless EPA receives
adverse comments by July 30, 2012. If adverse comments are received,
EPA will publish a timely withdrawal of the direct final rule in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-1050, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (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-
2010-1050. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment
[[Page 38726]]
that is placed in the public docket and made available on the Internet.
If you submit an electronic comment, EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the
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 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, Environmental
Protection Specialist, 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), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
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. Background
II. Contents of Indiana's Rule
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
``Consumer products'' encompass a wide array of sprays, gels,
cleaners, adhesives, and other chemically formulated products that are
purchased for personal or institutional use and that emit VOCs through
their use, consumption, storage, disposal, destruction, or
decomposition. On December 7, 2010, the Indiana Department of
Environmental Management (IDEM) requested that EPA approve into its SIP
the addition of a new rule that limits VOC in consumer products. The
rule is located within Title 326 of the Indiana Administrative Code
(IAC) Article 8 ``Volatile Organic Compound Rules'' at 326 IAC 8-15.
The rule consists of the following nine sections:
(1) Section 1, ``Applicability''
(2) Section 2, ``Definitions''
(3) Section 3, ``Standards''
(4) Section 4, ``Exemptions''
(5) Section 5, ``Innovative products exemption''
(6) Section 6, ``Alternative control plan''
(7) Section 7, ``Administrative requirements''
(8) Section 8, ``Record keeping and reporting requirements''
(9) Section 9, ``Test methods''
A discussion of each section and its approvability is included in
section III of this action.
The rule that Indiana adopted and submitted to EPA for approval is
based on the model rule developed by the Ozone Transport Commission
(OTC) for consumer products. The OTC is a multi-state organization
created under section 176A of the Clean Air Act. It is responsible for
advising EPA on transport issues and for developing and implementing
regional solutions to the ground-level ozone problem in the Northeast
and Mid-Atlantic regions.
The OTC has developed this model rule for consumer products which
OTC member states have signed a memorandum of understanding to adopt.
The OTC model rule that Indiana based its rule on is at least as
stringent as, and in most cases is more stringent than, EPA's national
consumer products rule, ``National Volatile Organic Compound Emission
Standards for Consumer Products,'' 40 CFR part 59, subpart C. It should
be noted that Indiana is not an OTC member state. By adopting a rule
that mirrors the OTC model rule, however, Indiana is strengthening its
SIP through enforceable VOC limits for consumer products with
corresponding recordkeeping and reporting requirements.
II. Contents of Indiana's Rule
The following is a summary of each section of 326 IAC 8-15
``Standards for Consumer and Commercial Products,'' as submitted on
November 7, 2010, and a discussion of why each section is approvable
into the State's SIP.
326 IAC 8-15-1 ``Applicability''
This section makes 326 IAC 8-15 applicable to any person who sells,
supplies, offers for sale, or manufactures consumer products in the
State of Indiana on or after June 1, 2011. The applicability for the
rule as outlined in this section is congruent with the model OTC
language, and therefore is approvable for inclusion in Indiana's SIP.
326 IAC 8-15-2 ``Definitions''
This section provides definitions of products, terms, acronyms, and
other language that are unique and/or specific to this rule. This
section is congruent with the OTC model rule, and therefore is
approvable for inclusion in Indiana's SIP.
326 IAC 8-15-3 ``Standards''
This section codifies VOC standards for each category of consumer
products affected by 326 IAC 8-15 and includes additional requirements
for certain product categories. Each category of consumer product and
its associated VOC limit mirror the OTC model rule as do additional
requirements for certain product categories, including:
--A ban on use of air toxics, as classified by the California Code of
Regulations, in antiperspirants and deodorants.
--A provision establishing how to determine the VOC content of diluted
products.
--Sell-through provisions for affected products that were already
manufactured by June 1, 2011.
--An effective date of June 1, 2012, for any products that are covered
by 326 IAC 8-15 and also registered under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA).
--A restriction on sale of any charcoal lighter material that has not
been issued a currently effective certification by either the
California Air Resources Board (CARB), or another state air agency in
conjunction with EPA.
--Additional requirements for aerosol adhesives, including a ban on the
sale or manufacturing of aerosol adhesives containing methylene
chloride, perchloroethylene, or trichloroethylene.
--A requirement for floor wax strippers that ensures that product
packaging clearly indicates ``light/medium'' and ``heavy'' dilution
ratios that correlate with the associated VOC limits for these
dilutions.
--Additional requirements for products containing ozone depleting
compounds.
--Additional requirements for adhesive removers, contact adhesives,
electrical cleaners, electronic cleaners, footwear or leather care
products, general purpose degreasers, and graffiti removers that
contain methylene
[[Page 38727]]
chloride, perchloroethylene, or trichloroethylene.
This section is at least as stringent as the OTC model rule, and
therefore is approvable for inclusion in Indiana's SIP.
326 IAC 8-15-4 ``Exemptions''
This section outlines conditions for certain products that may
allow them to be exempt from 326 IAC 8-15, including an exemption for
products manufactured in the State but meant for sale outside the
State. This section also allows a retailer (but not manufacturer) to
not be considered in violation of 326 IAC 8-15 if they immediately
discontinue sale of the violating product, and make good faith efforts
to assure the product met the applicable requirements of 326 IAC 8-15.
Finally, this section excludes any products that are regulated under
this rule from the administrative requirements of the rule if the
products are registered under FIFRA. This section is congruent with the
OTC model rule, and therefore is approvable.
326 IAC 8-15-5 ``Innovative Products Exemption''
This section allows for an exemption for products otherwise covered
under 326 IAC 8-15, so long as the manufacturer has been granted an
innovative products exemption by CARB or the air pollution control
agency of another state with an innovative products exemption
substantially equivalent to CARB's. This section then outlines
additional requirements necessary for Indiana to consider an innovative
products exemption to be valid within the State. Finally, this section
outlines conditions in which the innovative products exemption can
expire or be revoked by the State. This section is congruent with the
OTC model rule, and therefore is approvable.
326 IAC 8-15-6 ``Alternative Control Plan''
This section outlines circumstances in which a manufacturer of a
product regulated under 326 IAC 8-15 can provide an alternative method
to comply with the VOC limits contained in Indiana's rule. Only
manufacturers who have been granted an alternative control plan by
CARB, or a state air pollution control agency with alternative control
plans to consumer product VOC limits that are substantially equivalent
to CARB's alternative control plan, may be exempted from the VOC limits
in Indiana's rule. The section also outlines circumstances in which an
approved alternative control plan can be considered valid, or can be
revoked by the State. This section is congruent with the OTC model
rule, and therefore is approvable.
326 IAC 8-15-7 ``Administrative Requirements''
This section outlines product dating and labeling requirements for
consumer products manufactured or sold in Indiana. This section also
defines the most restrictive limit that a product must meet if it is
regulated by FIFRA as well as 326 IAC 8-15. This section is congruent
with the OTC model rule and therefore is approvable.
326 IAC 8-15-8 ``Record Keeping and Reporting Requirements''
This section outlines the recordkeeping and reporting requirements
that manufacturers of products regulated under this rule must meet.
Manufacturers must keep and make available to Indiana or EPA
information about their product, including:
--The product manufacturer's name and contact information.
--Any claim of confidentiality of the product.
--The product's name, and a description of the product category to
which the product belongs.
--Applicable product form or forms listed separately.
--Identification of each product brand name and whether it is a
household product, industrial and institutional product, or both.
--Sales of the product in Indiana in pounds per year, as well as the
methodology used to achieve the calculation.
--An identification of each company that is submitting relevant data
about the product (if it is manufactured using multiple companies).
--Specific net ``percent by weight'' information for certain compounds
that may be in the product.
--Specific chemical names of certain compounds used in the product
formulation.
--Propellant information, if propellant is used in the product.
This section also specifies which information a company may present
to the State if it cannot meet the requirements listed above. Finally,
this section contains special reporting requirements for products that
contain perchloroethylene or methylene chloride. This section is
congruent with the OTC model rule, and therefore is approvable.
326 IAC 8-15-9 ``Test Methods''
This section outlines methods acceptable to the State that
manufacturers can use to determine compliance with the VOC content
limits outlined in the rule. Manufacturers may use CARB Method 310, a
method approved in writing both by the State of Indiana and EPA, or
through calculation of the VOC content of constituents used to make the
product. This section also includes the approved method to test whether
a product is a liquid or solid, and the approved method to determine
the distillation points of petroleum distillate-based charcoal lighter
materials. This section is congruent with the OTC model rule, and
therefore is approvable.
III. What action is EPA taking?
EPA is approving into the Indiana SIP Title 326 IAC Article 8-15 as
adopted by the State of Indiana and as submitted to EPA on December 7,
2010. We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective August 28, 2012
without further notice unless we receive relevant adverse written
comments by July 30, 2012. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective August
28, 2012.
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 Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus,
[[Page 38728]]
in reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 28, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: June 11, 2012.
Susan Hedman,
Regional Administrator, Region 5.
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.
0
2. In Sec. 52.770 the table in paragraph (c) is amended by adding a
new entry in ``Article 8. Volatile Organic Compound Rules'' for ``Rule
15. Standards for Consumer and Commercial Products'' in numerical order
to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 8. Volatile Organic Compound Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 15. Standards for Consumer and Commercial Products
----------------------------------------------------------------------------------------------------------------
8-15-1.................. Applicability...... 12/1/2010 6/29/2012, [Insert page .......................
number where the
document begins].
8-15-2.................. Definitions........ 12/1/2010 6/29/2012, [Insert page .......................
number where the
document begins].
8-15-3.................. Standards.......... 12/1/2010 6/29/2012, [Insert page .......................
number where the
document begins].
8-15-4.................. Exemptions......... 12/1/2010 6/29/2012, [Insert page .......................
number where the
document begins].
8-15-5.................. Innovative products 12/1/2010 6/29/2012, [Insert page .......................
exemption. number where the
document begins].
[[Page 38729]]
8-15-6.................. Alternative control 12/1/2010 6/29/2012, [Insert page .......................
plan. number where the
document begins].
8-15-7.................. Administrative 12/1/2010 6/29/2012, [Insert page .......................
requirements. number where the
document begins].
8-15-8.................. Record keeping and 12/1/2010 6/29/2012, [Insert page .......................
reporting number where the
requirements. document begins].
8-15-9.................. Test methods....... 12/1/2010 6/29/2012, [Insert page .......................
number where the
document begins].
* * * * * * *
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[FR Doc. 2012-15688 Filed 6-28-12; 8:45 am]
BILLING CODE 6560-50-P