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Approval and Promulgation of Air Quality Implementation Plans; Michigan; Consumer Products Rule
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 26, 2007 (Volume 72, Number 207)]
[Rules and Regulations]
[Page 60781-60783]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc07-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0192; FRL-8486-6]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan; Consumer Products Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a request submitted by the Michigan
Department of Environmental Quality (MDEQ) on February 13, 2007, to
revise the Michigan State Implementation Plan (SIP). The state has
requested approval of two rules in two areas of Part 6, Emission
Limitations and Prohibitions-Existing Sources of Volatile Organic
Compound (VOC) Emissions by adding R 336.1660, Standards for VOC
Emissions from Consumer Products, by adopting by reference the Ozone
Transport Commission's Model Rule with some modifications, and adding R
336.1661, Definitions for Consumer Products, to define VOC.
DATES: This direct final rule will be effective December 26, 2007,
unless EPA receives adverse comments by November 26, 2007. 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-2007-0192, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
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-
2007-0192. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov
or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the
http://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 http://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 legal
holidays. We recommend that you telephone Douglas Aburano, Environmental
Engineer, at (312) 353-6960 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-6960, aburano.douglas@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
A. When did the State submit the requested rule revisions to EPA?
B. Did Michigan hold public hearings for each of these rule revisions?
II. What are the revisions that the State is requesting for
incorporation into the SIP?
A. Standards for Volatile Organic Compounds Emissions from
Consumer Products
B. Definitions for Consumer Products
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
A. When did the State submit the requested rule revisions to EPA?
MDEQ submitted the requested rule revisions on February 13, 2007.
B. Did Michigan hold public hearings for each of these rule revisions?
MDEQ held hearings on July 10, 2006 and August 17, 2006, and did
not receive any adverse comments.
II. What are the revisions that the State is requesting for
incorporation into the SIP?
The State has requested the following revisions in Part 6, Emission
Limitations and Prohibitions--Existing Sources of VOC Emissions: (1)
Changes to R 336.1660, Standards for VOC Emissions from Consumer
Products; and (2) changes to R 336.1661, Definitions for Consumer
Products. The revisions are described in more detail below.
[[Page 60782]]
A. Standards for Volatile Organic Compounds Emissions from Consumer
Products
MDEQ is requesting the addition of Part 6, R 336.1660, in which the
state has adopted by reference the provisions in the Ozone Transport
Commission's ``Model Rule for Consumer Products,'' dated March 6, 2001,
with some modifications. The modifications are related to
implementation dates that are updated from the Model Rule and include
several other minor changes.
The rules limit the VOC content of consumer products, including
personal care products, household products, automotive after-market
products, adhesives and sealants, insecticides, coatings and related
products (except architectural and maintenance coatings), and other
miscellaneous products. The rules require that no person shall sell,
supply, offer for sale, or manufacture for sale, in the state of
Michigan, any of the affected consumer products (mostly aerosols and
sprays), unless the VOC content limits specified in the Table of
Standards of the rules are adhered to. Additionally, the rule has
several other related requirements.
B. Definitions for Consumer Products
MDEQ is requesting the addition of Part 6, R 336.1661, in order to
define VOC. R 336.1661 contains definitions used exclusively in R 336.1660.
III. What action is EPA taking?
We are approving revisions to the Michigan SIP in two portions of
Part 6: (1) To add R 336.1660, Standards for VOC Emissions from
Consumer Products, in which Michigan has adopted by reference the Ozone
Transport Commission's Model Rule with some modifications, and (2) to
add R 336.1661, Definitions for Consumer Products, to define VOC.
Michigan has adopted the Model Rule by reference with two exceptions.
Michigan did not adopt the sections that address violations and
severability. It was not necessary for Michigan to adopt these two
specific sections of the Model Rule as there are Michigan specific
rules that already address these issues. Michigan Act 348, which is
approved into the Michigan SIP, addresses violations. Section 324.9122
of Michigan Act 451 provides for severability of the State's rules.
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 December 26,
2007 without further notice unless we receive relevant adverse written
comments by November 26, 2007. 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. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective December 26, 2007.
IV. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the distribution
of power and responsibilities established in the Clean Air Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal Standard.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
[[Page 60783]]
Congressional Review Act
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 rule 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 December 26, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 11, 2007.
Walter W. Kovalick Jr.,
Acting 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.
Subpart X--Michigan
• 2. In Sec. 52.1170, the table in paragraph (c) entitled ``EPA-Approved
Michigan Regulations'' is amended by adding entries in part 6 for ``R
336.1660'' and ``R 336.1661'' to read as follows:
Sec. 52.1170 Identification of plan.
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(c) * * *
EPA-Approved Michigan Regulations
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State
Michigan citation Title effective date EPA approval date Comments
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Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
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* * * * * * *
R 336.1660....................... Standards for 1/29/07 10/26/07 [Insert
Volatile Organic page number where
Compounds the document
Emissions from begins].
Consumer Products.
R 336.1661....................... Definitions for 1/29/07 10/26/07 [Insert
Consumer Products. page number where
the document
begins].
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[FR Doc. E7-20948 Filed 10-25-07; 8:45 am]
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