Air Plan Approval; California; Consumer Products Regulations, 57703-57707 [2020-18113]
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 16, 2020. Filing a
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Volatile organic compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320, the table in paragraph
(c) is amended by revising the entry
‘‘10–2.230’’ to read as follows:
■
§ 52.1320
*
Dated: August 6, 2020.
James Gulliford,
Regional Administrator, Region 7.
Identification of plan.
*
*
(c) * * *
*
*
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
EPA—APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
*
Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
*
10–2.230 ........................
*
Control of Emissions
from Industrial Surface Coating Operations.
*
*
*
*
*
*
*
3/30/2019
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0213; FRL–10013–
66–Region 9]
DATES:
Air Plan Approval; California;
Consumer Products Regulations
2020.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the California Air
Resources Board’s (CARB’s) Consumer
Products portion of the California State
Implementation Plan (SIP). These
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This rule is effective October 16,
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0213. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
ADDRESSES:
AGENCY:
VerDate Sep<11>2014
*
revisions concern volatile organic
compound (VOC) emissions from
consumer products and a supporting
test method. The EPA is also approving
revisions to California’s Tables of
Maximum Incremental Reactivity (MIR)
Values to support its Aerosol Coating
Products regulation. We are approving
state rules to regulate these emission
sources under the Clean Air Act (CAA
or the Act).
*
[FR Doc. 2020–17653 Filed 9–15–20; 8:45 am]
SUMMARY:
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*
9/16/2020, [insert Federal Register citation].
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copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, EPA Region IX, (415) 947–
4152, buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. Proposed Action
The Consumer Products portion of the
California SIP consists of rules
promulgated in title 17 of the California
Code of Regulations (17 CCR), division
3 (‘‘Air Resources’’), chapter 1 (‘‘Air
Resources Board’’), subchapter 8.5
(‘‘Consumer Products’’), article 1
(‘‘Antiperspirants and Deodorants’’),
article 2 (‘‘Consumer Products’’) and
article 3 (‘‘Aerosol Coating Products’’);
and subchapter 8.6 (‘‘Maximum
Incremental Reactivity’’), article 1
(‘‘Tables of Maximum Incremental
Reactivity (MIR) Values’’).
On May 29, 2020 (85 FR 32324), the
EPA proposed to approve the following
amendments to the Consumer Products
portion of the California SIP.
TABLE 1—SUBMITTED RULES
California code of regulations
Title
CARB .............
Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 1 .....
CARB .............
CARB .............
CARB .............
Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 2 .....
Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 3 .....
Title 17, Division 3, Chapter 1, Subchapter 8.6, Article 1 .....
CARB .............
.................................................................................................
Antiperspirants and Deodorants 2.
Consumer Products 3 .............
Aerosol Coating Products4 ....
Tables of Maximum Incremental Reactivity (MIR)
Values 5.
Method 310—Determination
of Volatile Organic Compounds (VOC) in Consumer
Products and Reactive Organic Compounds (ROC) in
Aerosol Coating Products.
The current amendments to article 1
(‘‘Antiperspirants and Deodorants’’) of
subchapter 8.5 update certain
definitions and references. The current
amendments to article 2 (‘‘Consumer
Products’’) of subchapter 8.5 revise
certain definitions, lower certain VOC
standards, and clarify and update
certain administrative and reporting
requirements. Current amendments to
article 3 (‘‘Aerosol Coating Products’’) of
subchapter 8.5 clarify applicability,
revise certain definitions, delete massbased VOC limits and add new, lower
reactivity-based limits for general and
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Amended 1
Local agency
1 CARB adopted amendments to articles 1, 2 and
3 of subchapter 8.5 and article 1 of subchapter 8.6
on September 26, 2013. The California Office of
Administrative Law (OAL) approved the
amendments on September 17, 2014, effective
January 1, 2015. CARB submitted the September 26,
2013 amendments to the EPA as a SIP revision on
December 1, 2016. CARB adopted amendments to
Method 310 on May 25, 2018 and submitted
Method 310, as amended, to the EPA as a SIP
revision on June 4, 2019.
2 Article 1 of subchapter 8.5 includes sections
94500, 94501, 94502, 94503, 94503.5, 94504, 94505,
94506 and 94506.5. Amendments to a section of
Article 1, 17 California Code of Regulations (CCR)
section 94506 (‘‘Test Methods’’), were adopted by
CARB on May 25, 2018, and approved by the
California OAL on December 31, 2018, effective
January 1, 2019. CARB submitted the May 25, 2018
amendments to the EPA as a SIP revision by letter
dated June 4, 2019.
3 Article 2 of subchapter 8.5 includes sections
94507 through 94517. Amendments to a subset of
these rules, 17 CCR sections 94509, 94513 and
94515, were adopted by CARB on May 25, 2018,
and approved by the California OAL on December
31, 2018, effective January 1, 2019. CARB submitted
the May 25, 2018 amendments to the EPA as a SIP
revision by letter dated June 4, 2019.
4 Article 3 of subchapter 8.5 includes sections
94520 through 94528.
5 Article 1 of subchapter 8.6 includes sections
94700 and 94701.
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specialty aerosol coatings. Lastly, the
current amendments to article 1
(‘‘Tables of Maximum Incremental
Reactivity (MIR) Values’’) of subchapter
8.6 (‘‘Maximum Incremental
Reactivity’’) update MIR values for
many individual chemical compounds
and hydrocarbon solvent groupings.
CARB estimates that the current
amendments will result in equivalent
VOC emission reductions of
approximately 4 tons per day (tpd)
statewide, of which approximately 1.8
tpd will occur in the area under the
jurisdiction of the South Coast Air
Quality Management District.
We proposed to approve the amended
rules because we determined that they
comply with the relevant CAA
requirements. We also found that,
overall, CARB’s rules are the same or
more stringent than the corresponding
national rules. Our proposed action and
the related technical support documents
contain more information on the rules
and our evaluation.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
California rules described in the
amendments to 40 CFR part 52 set forth
below. Therefore, these materials have
been approved by the EPA for inclusion
in the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.6 The
EPA has made, and will continue to
make, these documents available
through www.regulations.gov and at the
EPA Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
II. Public Comments and EPA
Responses
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
Pursuant to section 110(k)(3) of the
Act, and for the reasons set forth in the
proposed rule and summarized above,
the EPA is fully approving the revisions
to the CARB’s Consumer Products
portion of the California SIP as
submitted on December 1, 2016 and
June 4, 2019.
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additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 3, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 16,
2020. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 13, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends chapter I,
title 40 of the Code of Federal
Regulations as follows:
PART 52 — APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. In § 52.220a:
a. In paragraph (c):
i. Amend table 1 by revising the
entries for ‘‘94500’’, ‘‘94501’’, ‘‘94502’’,
‘‘94503’’, ‘‘94503.5’’, ‘‘94504’’, ‘‘94505’’,
‘‘94506’’, ‘‘94506.5’’, ‘‘94507’’, ‘‘94508’’,
‘‘94509’’, ‘‘94510’’, ‘‘94511’’, ‘‘94512’’,
‘‘94513’’, ‘‘94514’’, ‘‘94515’’, ‘‘94516’’,
‘‘94517’’, ‘‘94520’’, ‘‘94521’’, ‘‘94522’’,
‘‘94523’’, ‘‘94524’’, ‘‘94525’’, ‘‘94526’’,
‘‘94527’’ and ‘‘94528’’; and
■ ii. Amend table 2 by adding an entry
for ‘‘Method 310—Determination of
Volatile Organic Compounds (VOC) in
Consumer Products and Reactive
Organic Compounds (ROC) in Aerosol
Coating Products’’ at the end of the
table.
The revisions and addition read as
follows:
■
■
■
§ 52.220a
*
Identification of plan—in part.
*
*
(c) * * *
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TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1
State effective
date
State citation
Title/subject
*
94500 ....................
*
*
Applicability ..................................
*
3/30/1996
94501 ....................
Definitions ....................................
1/1/2015
94502 ....................
6/6/2001
94503 ....................
Standards for Antiperspirants and
Deodorants.
Exemptions ..................................
3/30/1996
94503.5 .................
Innovative Products .....................
3/30/1996
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Additional
explanation
EPA approval date
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
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*
Register citation],
Register citation],
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Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
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TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State effective
date
State citation
Title/subject
94504 ....................
Administrative Requirements .......
6/6/2001
94505 ....................
Variances .....................................
3/30/1996
94506 ....................
Test Methods ...............................
1/1/2019
94506.5 .................
Federal Enforceability ..................
12/16/1999
*
94507 ....................
*
*
Applicability ..................................
*
11/19/2000
94508 ....................
Definitions ....................................
1/1/2015
94509 ....................
1/1/2019
94510 ....................
Standards for Consumer Products.
Exemptions ..................................
12/10/2011
94511 ....................
Innovative Products .....................
10/20/2010
94512 ....................
Administrative Requirements .......
1/1/2015
94513 ....................
Reporting Requirements ..............
1/1/2019
94514 ....................
Variances .....................................
12/8/2007
94515 ....................
Test Methods ...............................
1/1/2019
94516 ....................
Severability ..................................
10/21/1991
94517 ....................
Federal Enforceability ..................
11/18/1997
*
94520 ....................
*
*
Applicability ..................................
*
1/1/2015
94521 ....................
Definitions ....................................
1/1/2015
94522 ....................
1/1/2015
94523 ....................
Reactivity Limits and Requirements.
Exemptions ..................................
94524 ....................
Administrative Requirements .......
1/1/2015
94525 ....................
Variances .....................................
1/1/2015
94526 ....................
1/1/2015
94527 ....................
Test Methods and Compliance
Verification.
Severability ..................................
94528 ....................
Federal Enforceability ..................
1/1/2015
*
94700 ....................
*
*
MIR Values for Compounds ........
*
1/1/2015
94701 ....................
MIR Values for Hydrocarbon Solvents.
10/2/2010
1/1/2015
1/8/1996
Additional
explanation
EPA approval date
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
[Insert Federal
9/16/2020.
Register citation],
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*
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*
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Register citation],
Register citation],
Register citation],
*
[Insert Federal Register citation],
9/16/2020.
[Insert Federal Register citation],
9/16/2020.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
2019.
Submitted by CARB
ber 1, 2016.
*
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
2019.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
2019.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
2019.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
*
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
Submitted by CARB
ber 1, 2016.
on Decemon Decemon June 4,
on Decem*
on Decemon Decemon June 4,
on Decemon Decemon Decemon June 4,
on Decemon June 4,
on Decemon Decem*
on Decemon Decemon Decemon Decemon Decemon Decemon Decemon Decemon Decem-
*
*
Submitted by CARB on December 1, 2016.
Submitted by CARB on December 1, 2016.
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1 Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists
approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California
statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
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57707
TABLE 2—EPA-APPROVED CALIFORNIA TEST PROCEDURES, TEST METHODS, AND SPECIFICATIONS
State effective
date
Title/subject
*
*
*
Method 310—Determination of Volatile Organic Compounds
(VOC) in Consumer Products and Reactive Organic Compounds (ROC) in Aerosol Coating Products.
*
*
*
*
BILLING CODE 6560–50–P
DATES:
[EPA–R04–OAR–2020–0177; FRL–10014–
29–Region 4]
Air Plan Approval; FL; GA; KY; MS;
NC; SC: Definition of Chemical
Process Plants Under State Prevention
of Significant Deterioration
Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the State Implementation Plans (SIP) for
Florida, Georgia, the Jefferson County
portion of Kentucky, Mississippi, North
Carolina, and South Carolina. The SIP
revisions incorporate changes to the
definition of chemical process plants
under the States’ Prevention of
Significant Deterioration (PSD)
regulations. Consistent with an EPA
regulation completed in 2007, EPA is
approving the rules for Florida, Georgia,
the Jefferson County portion of
Kentucky, Mississippi, North Carolina,
and South Carolina that modify the
definition of chemical process plant to
exclude ethanol manufacturing facilities
that produce ethanol by natural
fermentation processes. Approving
these modified definitions clarifies that
the PSD major source applicability
threshold in the SIPs for these ethanol
plants is 250 tons per year (tpy) (rather
than 100 tpy) and removes the
requirement to include fugitive
emissions when determining if the
source is major for PSD. EPA concludes
that the changes to the state and local
rules are approvable because the Agency
believes that they are consistent with
EPA regulations governing state PSD
programs and will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in section 171 of
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EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0177. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials can
either be retrieved electronically
through www.regulations.gov or in hard
copy at the Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
EPA requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: D.
Brad Akers, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Akers can be reached via electronic
mail at akers.brad@epa.gov or via
telephone at (404) 562–9089.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
40 CFR Part 52
16:31 Sep 15, 2020
This rule is effective October 16,
2020.
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Sep<11>2014
*
[Insert Federal Register citation], 9/16/2020.
the Clean Air Act (CAA or Act)), or any
other applicable requirement of the
CAA.
*
[FR Doc. 2020–18113 Filed 9–15–20; 8:45 am]
SUMMARY:
*
5/25/2018
EPA approval date
I. What is being addressed in this
notice?
EPA is approving the following
revisions to SIPs received by EPA from
Florida, Georgia, Kentucky, Mississippi,
North Carolina, and South Carolina: (1)
A portion of a SIP revision provided to
EPA through the Florida Department of
Environmental Protection (FL DEP) via
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
Additional
explanation
*
*
Submitted by CARB on June
4, 2019.
a letter dated December 12, 2011; 1 2 (2)
a SIP revision provided to EPA through
the Georgia Environmental Protection
Division (GA EPD) via a letter dated
September 15, 2008; 3 (3) a SIP revision
to the Jefferson County portion of the
Kentucky SIP that was provided to EPA
through the Kentucky Division for Air
Quality (KDAQ) via a letter dated July
1, 2009; 4 (4) a SIP revision provided to
1 Florida’s definition of ‘‘major stationary source’’
at 62–210.200 is also cross-referenced in the portion
of its SIP-approved nonattainment new source
review (NA NSR) regulation, 62–212.500,
Preconstruction Review in Nonattainment Areas,
that sets the fugitive emissions exclusion for
determining rule applicability. See Rule 62–
212.500(2)(b). If the definition of ‘‘chemical process
plants’’ within the term of ‘‘major stationary
source’’ were updated to exclude these ethanol
producing facilities for the purposes of NA NSR,
then fugitive emissions would not need to be
considered in determining whether the source is
major. All sources in nonattainment areas are major
at 100 tpy, and certain classifications of
nonattainment areas for ozone and PM2.5 establish
lower thresholds for major source applicability. See
40 CFR 51.165(b)(iv)(A). However, Florida’s
December 12, 2011, submittal did not seek to revise,
nor ask EPA to revise, the State’s SIP-approved NA
NSR program. Therefore, EPA is not approving the
revision to the definition of ‘‘chemical process
plant’’ within the term ‘‘major stationary source’’ to
apply to the NA NSR program. Accordingly, the
ethanol production facility exclusion within the
definition of ‘‘major stationary source’’ at 62–
210.200 will not apply in the SIP for the purposes
of determining applicability in Rule 62–212.500,
and EPA is noting this in the list of SIP-approved
Florida regulations at 40 CFR 52.520(c). There are
currently no nonattainment areas in Florida.
2 In EPA’s July 20, 2020, notice of proposed
rulemaking (NPRM), EPA stated that the entire State
of Florida had been designated as attainment/
unclassifiable for the 2015 8-hour ozone NAAQS.
See 85 FR 43788. While the entire State has this
designation, in 2018, Duvall County, Florida was
designated unclassifiable for the 2015 8-hour ozone
NAAQS and was subsequently redesignated to
attainment/unclassifiable on November 21, 2019.
See 84 FR 64206. EPA has also amended the
accompanying technical support document for the
State of Florida to correct this historical note. The
amended version of the TSD is included in the
docket of this action as ‘‘Florida TSD_Amended.’’
3 EPA received the submittal on September 29,
2008.
4 In 2003, the City of Louisville and Jefferson
County governments merged and the ‘‘Jefferson
County Air Pollution Control District’’ was renamed
the ‘‘Louisville Metro Air Pollution Control
District.’’ See The History of Air Pollution Control
in Louisville, available at https://louisvilleky.gov/
government/air-pollution-control-district/historyair-pollution-control-louisville. However, each of
the regulations in the Jefferson County portion of
E:\FR\FM\16SER1.SGM
Continued
16SER1
]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57703-57707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18113]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0213; FRL-10013-66-Region 9]
Air Plan Approval; California; Consumer Products Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the California Air Resources Board's
(CARB's) Consumer Products portion of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from consumer products and a supporting test
method. The EPA is also approving revisions to California's Tables of
Maximum Incremental Reactivity (MIR) Values to support its Aerosol
Coating Products regulation. We are approving state rules to regulate
these emission sources under the Clean Air Act (CAA or the Act).
DATES: This rule is effective October 16, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0213. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415)
947-4152, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
[[Page 57704]]
I. Proposed Action
The Consumer Products portion of the California SIP consists of
rules promulgated in title 17 of the California Code of Regulations (17
CCR), division 3 (``Air Resources''), chapter 1 (``Air Resources
Board''), subchapter 8.5 (``Consumer Products''), article 1
(``Antiperspirants and Deodorants''), article 2 (``Consumer Products'')
and article 3 (``Aerosol Coating Products''); and subchapter 8.6
(``Maximum Incremental Reactivity''), article 1 (``Tables of Maximum
Incremental Reactivity (MIR) Values'').
On May 29, 2020 (85 FR 32324), the EPA proposed to approve the
following amendments to the Consumer Products portion of the California
SIP.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
California code of
Local agency regulations Title Amended \1\ Submitted
----------------------------------------------------------------------------------------------------------------
CARB...................... Title 17, Division 3, Antiperspirants and 05/25/2018 06/04/2019
Chapter 1, Subchapter 8.5, Deodorants \2\.
Article 1.
CARB...................... Title 17, Division 3, Consumer Products \3\. 05/25/2018 06/04/2019
Chapter 1, Subchapter 8.5,
Article 2.
CARB...................... Title 17, Division 3, Aerosol Coating 09/17/2014 12/01/2016
Chapter 1, Subchapter 8.5, Products\4\.
Article 3.
CARB...................... Title 17, Division 3, Tables of Maximum 09/17/2014 12/01/2016
Chapter 1, Subchapter 8.6, Incremental
Article 1. Reactivity (MIR)
Values \5\.
CARB...................... ............................ Method 310-- 05/25/2018 06/04/2019
Determination of
Volatile Organic
Compounds (VOC) in
Consumer Products and
Reactive Organic
Compounds (ROC) in
Aerosol Coating
Products.
----------------------------------------------------------------------------------------------------------------
The current amendments to article 1 (``Antiperspirants and
Deodorants'') of subchapter 8.5 update certain definitions and
references. The current amendments to article 2 (``Consumer Products'')
of subchapter 8.5 revise certain definitions, lower certain VOC
standards, and clarify and update certain administrative and reporting
requirements. Current amendments to article 3 (``Aerosol Coating
Products'') of subchapter 8.5 clarify applicability, revise certain
definitions, delete mass-based VOC limits and add new, lower
reactivity-based limits for general and specialty aerosol coatings.
Lastly, the current amendments to article 1 (``Tables of Maximum
Incremental Reactivity (MIR) Values'') of subchapter 8.6 (``Maximum
Incremental Reactivity'') update MIR values for many individual
chemical compounds and hydrocarbon solvent groupings. CARB estimates
that the current amendments will result in equivalent VOC emission
reductions of approximately 4 tons per day (tpd) statewide, of which
approximately 1.8 tpd will occur in the area under the jurisdiction of
the South Coast Air Quality Management District.
---------------------------------------------------------------------------
\1\ CARB adopted amendments to articles 1, 2 and 3 of subchapter
8.5 and article 1 of subchapter 8.6 on September 26, 2013. The
California Office of Administrative Law (OAL) approved the
amendments on September 17, 2014, effective January 1, 2015. CARB
submitted the September 26, 2013 amendments to the EPA as a SIP
revision on December 1, 2016. CARB adopted amendments to Method 310
on May 25, 2018 and submitted Method 310, as amended, to the EPA as
a SIP revision on June 4, 2019.
\2\ Article 1 of subchapter 8.5 includes sections 94500, 94501,
94502, 94503, 94503.5, 94504, 94505, 94506 and 94506.5. Amendments
to a section of Article 1, 17 California Code of Regulations (CCR)
section 94506 (``Test Methods''), were adopted by CARB on May 25,
2018, and approved by the California OAL on December 31, 2018,
effective January 1, 2019. CARB submitted the May 25, 2018
amendments to the EPA as a SIP revision by letter dated June 4,
2019.
\3\ Article 2 of subchapter 8.5 includes sections 94507 through
94517. Amendments to a subset of these rules, 17 CCR sections 94509,
94513 and 94515, were adopted by CARB on May 25, 2018, and approved
by the California OAL on December 31, 2018, effective January 1,
2019. CARB submitted the May 25, 2018 amendments to the EPA as a SIP
revision by letter dated June 4, 2019.
\4\ Article 3 of subchapter 8.5 includes sections 94520 through
94528.
\5\ Article 1 of subchapter 8.6 includes sections 94700 and
94701.
---------------------------------------------------------------------------
We proposed to approve the amended rules because we determined that
they comply with the relevant CAA requirements. We also found that,
overall, CARB's rules are the same or more stringent than the
corresponding national rules. Our proposed action and the related
technical support documents contain more information on the rules and
our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
Pursuant to section 110(k)(3) of the Act, and for the reasons set
forth in the proposed rule and summarized above, the EPA is fully
approving the revisions to the CARB's Consumer Products portion of the
California SIP as submitted on December 1, 2016 and June 4, 2019.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
California rules described in the amendments to 40 CFR part 52 set
forth below. Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\6\ The EPA has made, and will continue
to make, these documents available through www.regulations.gov and at
the EPA Region IX Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
---------------------------------------------------------------------------
\6\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose
[[Page 57705]]
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 3,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 16, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 13, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends chapter I,
title 40 of the Code of Federal Regulations as follows:
PART 52 -- APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. In Sec. 52.220a:
0
a. In paragraph (c):
0
i. Amend table 1 by revising the entries for ``94500'', ``94501'',
``94502'', ``94503'', ``94503.5'', ``94504'', ``94505'', ``94506'',
``94506.5'', ``94507'', ``94508'', ``94509'', ``94510'', ``94511'',
``94512'', ``94513'', ``94514'', ``94515'', ``94516'', ``94517'',
``94520'', ``94521'', ``94522'', ``94523'', ``94524'', ``94525'',
``94526'', ``94527'' and ``94528''; and
0
ii. Amend table 2 by adding an entry for ``Method 310--Determination of
Volatile Organic Compounds (VOC) in Consumer Products and Reactive
Organic Compounds (ROC) in Aerosol Coating Products'' at the end of the
table.
The revisions and addition read as follows:
Sec. 52.220a Identification of plan--in part.
* * * * *
(c) * * *
Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
94500........................ Applicability........ 3/30/1996 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94501........................ Definitions.......... 1/1/2015 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94502........................ Standards for 6/6/2001 [Insert Federal Submitted by CARB on
Antiperspirants and Register citation], December 1, 2016.
Deodorants. 9/16/2020.
94503........................ Exemptions........... 3/30/1996 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94503.5...................... Innovative Products.. 3/30/1996 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
[[Page 57706]]
94504........................ Administrative 6/6/2001 [Insert Federal Submitted by CARB on
Requirements. Register citation], December 1, 2016.
9/16/2020.
94505........................ Variances............ 3/30/1996 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94506........................ Test Methods......... 1/1/2019 [Insert Federal Submitted by CARB on
Register citation], June 4, 2019.
9/16/2020.
94506.5...................... Federal 12/16/1999 [Insert Federal Submitted by CARB on
Enforceability. Register citation], December 1, 2016.
9/16/2020.
* * * * * * *
94507........................ Applicability........ 11/19/2000 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94508........................ Definitions.......... 1/1/2015 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94509........................ Standards for 1/1/2019 [Insert Federal Submitted by CARB on
Consumer Products. Register citation], June 4, 2019.
9/16/2020.
94510........................ Exemptions........... 12/10/2011 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94511........................ Innovative Products.. 10/20/2010 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94512........................ Administrative 1/1/2015 [Insert Federal Submitted by CARB on
Requirements. Register citation], December 1, 2016.
9/16/2020.
94513........................ Reporting 1/1/2019 [Insert Federal Submitted by CARB on
Requirements. Register citation], June 4, 2019.
9/16/2020.
94514........................ Variances............ 12/8/2007 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94515........................ Test Methods......... 1/1/2019 [Insert Federal Submitted by CARB on
Register citation], June 4, 2019.
9/16/2020.
94516........................ Severability......... 10/21/1991 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94517........................ Federal 11/18/1997 [Insert Federal Submitted by CARB on
Enforceability. Register citation], December 1, 2016.
9/16/2020.
* * * * * * *
94520........................ Applicability........ 1/1/2015 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94521........................ Definitions.......... 1/1/2015 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94522........................ Reactivity Limits and 1/1/2015 [Insert Federal Submitted by CARB on
Requirements. Register citation], December 1, 2016.
9/16/2020.
94523........................ Exemptions........... 1/1/2015 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94524........................ Administrative 1/1/2015 [Insert Federal Submitted by CARB on
Requirements. Register citation], December 1, 2016.
9/16/2020.
94525........................ Variances............ 1/1/2015 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94526........................ Test Methods and 1/1/2015 [Insert Federal Submitted by CARB on
Compliance Register citation], December 1, 2016.
Verification. 9/16/2020.
94527........................ Severability......... 1/8/1996 [Insert Federal Submitted by CARB on
Register citation], December 1, 2016.
9/16/2020.
94528........................ Federal 1/1/2015 [Insert Federal Submitted by CARB on
Enforceability. Register citation], December 1, 2016.
9/16/2020.
* * * * * * *
94700........................ MIR Values for 1/1/2015 [Insert Federal Submitted by CARB on
Compounds. Register citation], December 1, 2016.
9/16/2020.
94701........................ MIR Values for 10/2/2010 [Insert Federal Submitted by CARB on
Hydrocarbon Solvents. Register citation], December 1, 2016.
9/16/2020.
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or
quasi-regulatory are listed in paragraph (e).
[[Page 57707]]
Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
State
Title/subject effective date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Method 310--Determination of Volatile 5/25/2018 [Insert Federal Register Submitted by CARB on June
Organic Compounds (VOC) in Consumer citation], 9/16/2020. 4, 2019.
Products and Reactive Organic Compounds
(ROC) in Aerosol Coating Products.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-18113 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P
