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).

EFFECTIVE DATE: This rule is effective on [Insert date 30 days 

from the date of publication in the Federal Register].

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, multi-volume reports), and some 
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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
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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 
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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 (Public Law 104-4);
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• 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.
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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 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 [FEDERAL REGISTER 

OFFICE: insert date 60 days from date of publication of this 

document in the Federal Register]. 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 
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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.

__December 7, 2011_ __/s/ Jared Blumenfeld___

Dated: Jared Blumenfeld,

Regional Administrator,

Region IX.
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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 paragraphs (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) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5 - Consumer Products, “Article 2 -

Consumer Products, “ amended August 6, 2010.

* * * * *