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[Federal Register: June 18, 2010 (Volume 75, Number 117)]
[Proposed Rules]               
[Page 34671-34673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn10-24]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0124; FRL-9164-4]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Limiting Emissions of Volatile Organic Compounds From 
Consumer Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Delaware concerning the control of 
volatile organic compounds (VOC). The revision amends existing Section 
2.0--Consumer Products to Delaware's Regulation 1141 (formerly SIP 
Regulation No. 41)--Limiting Emissions of Volatile Organic Compounds 
from Consumer and Commercial Products. This action is being taken under 
the Clean Air Act (CAA).

DATES: Written comments must be received on or before July 19, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-

[[Page 34672]]

R03-OAR-2010-0124 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2010-0124, Cristina Fernandez, Office of Air 
Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0124. 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 electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available; i.e., 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 either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the Delaware Department of Natural 
Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401, 
Dover, Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 22, 2009, the Delaware Department of Natural Resources and 
Environmental Control (DNREC) submitted a revision to its SIP for 
amendments to Regulation 1141/SIP Regulation No. 41-- Limiting 
Emissions of Volatile Organic Compounds From Consumer and Commercial 
Products. This SIP revision amends existing Section 2.0--Consumer 
Products by adding the sale, distribution, and manufacturing of 23 new 
categories of consumer products and product types, which include 
personal hygiene and grooming, home cleaning, and cleaning of 
electrical and electronic equipment. This revision is projected to 
reduce VOC emissions in Delaware by up to 220 tons per year.
    The standards and requirements contained in Delaware's consumer 
products rule are based on the Ozone Transport Commission (OTC) model 
rule. The OTC consumer products model rule was based on the existing 
rules developed by the California Air Resources Board, which were 
analyzed and modified by the OTC workgroup to address VOC reduction 
needs in the Ozone Transport Region (OTR). Implementing this rule will 
result in SIP emission reductions in VOC to support the attainment 
demonstrations, and reductions in ground-level ozone in other areas of 
the OTR.

II. Summary of SIP Revision

    Regulation 1141 (formerly SIP Regulation No. 41), Section 2.0 
establishes applicability to any person who sells, supplies, offers for 
sale, uses or applies, or manufactures for sale consumer products in 
the State of Delaware. The rule does not apply to a retailer who sells, 
supplies, or offers for sale in the State of Delaware, a particular 
consumer product that does not comply with the VOC standards, provided 
that retailer demonstrates that the manufacturer or distributor of that 
product misled that retailer into believing that the product did comply 
with the VOC standards. The rule sets compliance dates for specific VOC 
content limits in percent VOCs by weight for consumer products and 
lists exemptions from the VOC content limits. The rule also contains 
requirements for the following consumer products: (1) Products 
requiring dilution, (2) ozone depleting compounds, (3) aerosols 
adhesives, (4) antiperspirants or deodorants, (5) charcoal lighter 
materials, and (6) floor wax strippers. Regulation 1141 provides 
alternative control plans (ACP) by allowing responsible parties the 
option to voluntarily enter into separate ACP agreements for the 
consumer products mentioned above. In addition, the rule contains the 
following: (1) Criteria for innovative products exemptions and 
requirements for waiver requests, (2) administrative requirements for 
labeling and reporting, and (3) test methods for demonstrating 
compliance. Further details of Delaware's regulation revisions can be 
found in a Technical Support Document prepared for this proposed 
rulemaking action.

III. Proposed Action

    EPA has determined that the revisions made to Regulation 1141 
(formerly SIP Regulation No. 41), Section 2.0, entitled ``Consumer 
Products,'' meet the SIP revision requirements of the CAA and is 
proposing to approve the amendment to Delaware's consumer products 
regulations. These revisions will result in the reduction of VOC 
emissions from consumer products in the State of Delaware. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

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 proposes to approve State law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under

[[Page 34673]]

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 proposed rule, pertaining to Delaware's amendment 
to Section 2.0--Consumer Products of Delaware's Regulation No. 1141 
(formerly SIP Regulation No. 41)--Limiting Emissions of Volatile 
Organic Compounds From Consumer and Commercial Products, does not have 
Tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the State, and EPA notes that it will not impose 
substantial direct costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-14775 Filed 6-17-10; 8:45 am]
BILLING CODE 6560-50-P
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