69910 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Proposed Rules 

Suite 1200, Dallas, TX 75202–2733. The 

telephone number is (214) 665–2115. 

Ms. Wiley can also be reached via 

electronic mail at wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no relevant 

adverse comments. A detailed rationale 

for the approval is set forth in the direct 

final rule. If no relevant adverse 

comments are received in response to 

this action, no further activity is 

contemplated. If EPA receives relevant 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. 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 the 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. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: November 5, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2010–28660 Filed 11–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0906; FRL–9227–1] 

Revisions to the California State 

Implementation Plan, California Air 

Resources Board—Consumer 

Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the California Air Resources 

Board portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

consumer products. We are approving a 

local rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

December 16, 2010. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0906, by one of the 

following methods: Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

1. E-mail: steckel.andrew@epa.gov. 

2. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

e-mail directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., 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. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revision? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the date that it was 

adopted by the State and submitted by 

the California Air Resources Board 

(CARB). 

TABLE 1—SUBMITTED RULE

Regulation Regulation title Amended Submitted 

California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5—Consumer Products.Article 2—Consumer Products. ....... 05/05/09 02/16/10 

On May 25, 2010, EPA determined 

that the submittal for the California 

Code of Regulations, Title 17, Division 

3, Chapter 1, Subchapter 8.5, Article 2— 

Consumer Products, met the 

completeness criteria in 40 CFR Part 51, 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of this rule? 

We approved an earlier version of 

Article 2 of CARB’s Consumer Products 

regulation into the SIP on November 4, 


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Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Proposed Rules 69911 

2009 (74 FR 57074). CARB adopted 

revisions to the SIP-approved version on 

May 5, 2009 and submitted them to us 

on February 16, 2010. 

C. What is the purpose of the submitted 

rule revisions? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. 

The California Health and Safety Code 

(Section 41712(b)) requires CARB to 

adopt regulations to achieve the 

maximum feasible reduction in volatile 

organic compounds emitted by 

consumer products if the state board 

determines: 

(1) The regulations are necessary to 

attain state and federal ambient air 

quality standards. 

(2) The regulations are commercially 

and technologically feasible and 

necessary. 

CARB’s current amendments to the 

consumer products regulations establish 

new or lower VOC limits on 19 

consumer product categories. Included 

in these changes are limits for eight new 

categories (astringent/toner, fabric 

softener—single use dryer product, floor 

maintenance product, vehicle wash, 

odor remover/eliminator, pressurized 

gas duster, tire or wheel cleaner, and 

windshield water repellent). 

The amendments clarify several 

definitions, impose a 0.05 grams of VOC 

per use limit for fabric softeners—single 

use dryer products, remove an 

exemption for personal fragrance 

products with 20 percent or less 

fragrance, prohibit the use of the toxic 

air contaminants methylene chloride, 

perchloroethylene, or trichloroethylene 

in certain product categories, prohibit 

the use of compounds with a global 

warming potential (GWP) of 150 or 

greater in pressurized gas dusters, and 

establish a 25 percent by weight VOC 

limit for multipurpose lubricants and 

penetrants. The 25 percent VOC limit 

for multipurpose lubricants and 

penetrants is effective December 31, 

2013 and the category also includes a 

technology forcing second tier VOC 

limit of 10 percent by December 31, 

2015. 

CARB received many comments 

during the public comment period, 

ranging from general support for many 

of the amendments and suggestions for 

additional categories (e.g., janitorial 

cleaning products) to regulate, to 

concerns from industry about the 

technological difficulties posed by the 

revised VOC limits and effective dates 

for multi-purpose lubricants. CARB 

addressed these comments in their Final 

Statement of Reasons for Rulemaking. 

CARB estimates these amendments, 

when fully implemented, will achieve 

VOC reductions of 5.76 tons per day, 

greenhouse gas emission reductions 

equivalent to approximately 0.20 

million metric tons of carbon dioxide 

per year, and air toxics emission 

reductions of 0.2 tons per day. 

EPA’s technical support document 

(TSD) has more information about this 

rule. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), and must not relax existing 

requirements (see sections 110(l) and 

193). California’s consumer products 

regulation covers VOC area sources and 

not stationary sources. 

In 1998 EPA promulgated a national 

rule to regulate VOC emissions from 

consumer products (63 FR 48831, 

September 11, 1998). EPA’s national 

rule largely parallels CARB’s earlier SIPapproved consumer products rule. The 

amendments we are proposing to 

approve today regulate more consumer 

product categories and are more 

stringent than EPA’s national standards. 

Rules, guidance and policy 

documents that we use to evaluate 

enforceability and SIP revisions include 

the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988, revised 

January 11, 2000 (the Bluebook). 

2. State Implementation Plans, 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990 (57 FR 

13498; April 16, 1992). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. 40 CFR 59 Subpart C, National 

Volatile Organic Compound Emission 

Standards for Consumer Products. 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, and SIP 

relaxations. CARB’s Consumer Products 

regulation contains more stringent 

limits and covers more than twice the 

number of categories covered by EPA’s 

national Consumer Products rule. The 

TSD has more information on our 

evaluation. 

C. Public Comment and Final Action 

Because EPA believes the submitted 

rule fulfills all relevant requirements, 

we are proposing to fully approve it 

under section 110(k)(3) of the Act. We 

will accept comments from the public 

on this proposal for the next 30 days. 

Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate this rule 

into the federally enforceable SIP. 

III. 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, as 


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69912 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Proposed Rules 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: November 3, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2010–28820 Filed 11–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 192 and 195 

[Docket ID PHMSA–2007–27954] 

RIN 2137–AE64 

Pipeline Safety: Control Room 

Management/Human Factors 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration, DOT. 

ACTION: Notice of proposed rulemaking; 

Extension of comment period. 

SUMMARY: On September 17, 2010, 

PHMSA published a Control Room 

Management/Human Factors notice of 

proposed rulemaking (NPRM) proposing 

to expedite the program implementation 

deadlines to August 1, 2011, for most of 

the requirements, except for certain 

provisions regarding adequate 

information and alarm management, 

which would have a program 

implementation deadline of August 1, 

2012. PHMSA has received a request to 

extend the comment period in order to 

have more time to evaluate the NPRM. 

PHMSA has concurred in part with this 

request and has extended the comment 

period from November 16, 2010, to 

December 3, 2010. 

DATES: The closing date for filing 

comments is extended from November 

16, 2010, until December 3, 2010. 

ADDRESSES: Comments should reference 

Docket No. PHMSA–2007–27954 and 

may be submitted in the following ways: 

• E-Gov Web site: http:// 

www.regulations.gov. This Web site 

allows the public to enter comments on 

any Federal Register notice issued by 

any agency. Follow the instructions for 

submitting comments. 

• Fax: 1–202–493–2251. 

• Mail: DOT Docket Management 

System: U.S. DOT, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand Delivery: DOT Docket 

Management System; West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001 between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

Instructions: You should identify the 

Docket No. PHMSA–2007–27954 at the 

beginning of your comments. If you 

submit your comments by mail, submit 

two copies. To receive confirmation that 

PHMSA received your comments, 

include a self-addressed stamped 

postcard. Internet users may submit 

comments at http:// 

www.regulations.gov. 

Note: Comments are posted without 

changes or edits to http:// 

www.regulations.gov, including any personal 

information provided. There is a privacy 

statement published on http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

further information contact Byron Coy 

at 609–989–2180 or by e-mail at 

Byron.Coy@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

September 17, 2010 (75 FR 56972), 

PHMSA published a NPRM proposing 

to expedite the program implementation 

deadlines of the Control Room 

Management/Human Factors rule at 49 

CFR 192.631 and 195.446. The NPRM 

proposes to expedite the program 

implementation deadline from February 

1, 2013, to August 1, 2011, for most of 

the requirements, except for certain 

provisions regarding adequate 

information and alarm management, 

which would have a program 

implementation deadline of August 1, 

2012. 

On November 4, 2010, the Interstate 

Natural Gas Association of America 

(INGAA) requested PHMSA to extend 

the NPRM comment period deadline 

from November 16, 2010, to December 

20, 2010, to give INGAA’s members the 

opportunity to ask questions about the 

rule and to engage in open discussions 

with the agency at PHMSA’s Control 

Room Management Implementation 

workshop to be held on November 17, 

2010, in Houston, Texas (75 FR 67450, 

November 2, 2010) prior to submitting 

comments. PHMSA planned this 

workshop to review several technical 

elements of the new regulations and to 

provide opportunities for attendees to 

ask questions about the rule and to 

engage in open discussions with 

PHMSA and each other. 

PHMSA has concurred in part with 

INGAA’s request and has extended the 

comment period from November 16, 

2010, to December 3, 2010. This 

extension will provide sufficient time 

for commenters to submit comments 

after the workshop. 

Issued in Washington, DC, on November 8, 

2010. 

Jeffrey D. Wiese, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2010–28714 Filed 11–15–10; 8:45 am] 

BILLING CODE 4910–60–P 


hsrobinson on DSK69SOYB1PROD with PROPOSALS