Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Rules and Regulations 7535 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0800; FRL–] 

Revisions to the California State 

Implementation Plan, California Air 

Resources Board—Consumer 

Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the California Air Resources 

Board (CARB) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on October 6, 2011 and concern 

volatile organic compound (VOC) 

emissions from consumer products. We 

are approving a State rule that regulates 

these emission sources under the Clean 

Air Act as amended in 1990 (CAA or the 

Act). 

DATES: Effective Date: This rule is 

effective on March 14, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0800 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On October 6, 2011 (76 FR 62004), 

EPA proposed to approve the following 

rule into the California SIP. 

Regulation Regulation title Amended Submitted 

California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5—Consumer Products.

Article 2—Consumer Products ..................................... 08/06/10 01/28/11 

We proposed to approve this rule 

because we determined that it complies 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received one comment as 

follows. 

Carla D. Takemoto, California Air 

Resources Board, letter dated October 7, 

2011 clarified that while amendments to 

CARB Test Method 310 was included in 

the January 28, 2011 submittal package 

to EPA, CARB did not intend for 

Method 310 to be acted on as a SIP 

revision. The amended test method 

replaces a previous version of Method 

310 that was separately approved from 

the SIP process by EPA. 

EPA agrees with CARB’s clarification 

that the August 6, 2010 version of 

Method 310 replaces the previously 

approved Method 310. We also agree 

that the revised test method can be used 

to show compliance with California’s 

Consumer Products rule. EPA plans to 

approve the revised test method in a 

separate action that does not incorporate 

it into the SIP. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rule complies with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving this rule 

into the California SIP. 

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 Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the 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 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 


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7536 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Rules and Regulations 

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 April 13, 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. 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 7, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(406) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(406) New and amended regulations 

were submitted on January 28, 2011, by 

the Governor’s designee. 

(i) Incorporation by Reference. 

(A) California Air Resources Board. 

(1) Submittal letter from Robert D. 

Fletcher (California Air Resources 

Board) to Jared Blumenfeld 

(Environmental Protection Agency), 

stating the submission does not include 

the second tier emission limits for 

Multi-purpose Solvent and Paint 

Thinner, dated January 28, 2011. 

(2) Executive Order R–10–013, dated 

August 6, 2010. 

(3) ‘‘Final Regulation Order, 

Regulation for Reducing Emissions from 

Consumer Products,’’ California Code of 

Regulations, Title 17 (Public Health), 

Division 3 (Air Resources), Chapter 1 

(Air Resources Board), Subchapter 8.5 

(Consumer Products), Article 2 

(Consumer Products), adopted August 6, 

2010, effective October 20, 2010. 

* * * * * 

[FR Doc. 2012–3169 Filed 2–10–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0761; FRL–9501–6] 

Revisions to the California State 

Implementation Plan, Joaquin Valley 

Unified Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portions of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on October 6, 2011 and concern 

volatile organic compound (VOC) 

emissions from Motor Vehicle and 

Motor Equipment Coating Operations 

and Adhesives and Sealants. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). 

DATES: Effective Date: This rule is 

effective on March 14, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0761 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Adrianne Borgia, EPA Region IX, (415) 

972–3576, borgia.adrianne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On October 6, 2011 (76 FR 62002), 

EPA proposed to approve the following 

rules into the California SIP. 

Local agency Rule No. Rule title Amended Submitted 

SJVUAPCD ................ 4612 Motor Vehicle and Mobile Equipment Coating Operations ................ 10/21/10 4/5/11 

SJVUAPCD ................ 4653 Adhesives and Sealants ..................................................................... 09/16/10 4/5/11 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rules comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 


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