ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA
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- ] Revisions to the California State Implementation Plan, California Air Resources Board

– Consumer Products AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
S UMMARY: EPA is finalizing approval of revisions to the California Air Resources Board (CARB) portio n of the California
St ate Implementation Plan (SIP). These revisions were proposed in the Federal Register on October 6 , 2011 and concern volatile organic co mpound (VOC) emissions from consumer products . We are approving a State rule that regulate s 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
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- 0800 for this action. Generally, documents in the docket for this action are available electronically at http://w ww.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 av ailable only at the hard copy location (e.g., copyrighted material , large maps, multi

- volume reports ), and some2

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
I V . Statutory and Executive Order Reviews I. Proposed Action
On October 6 , 2011 ( 76 FR 62004 ), EPA propose d 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

– C onsumer Products 08/06/10 01/28/113

We proposed to approve this rule because we determined that it complie s with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation.
II. Public Comments and EPA R esponses
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 Met hod 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 M ethod 310. We also agree that the revised test method can be used to show compliance with California's C onsumer P roducts 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 compl ies with the relevant CAA requirements. Therefore , as authorized in section 110(k)(3) of the Act, EPA is4

fully approving th i s 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 th e 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 S tate choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves S tate law as meeting Federal requirements and does not impose additional requirements beyond those imposed by S tate 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 imp act 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 19 95 (Public Law 104

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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 ap ply in Indian country located in the S tate, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal
law.6

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforceme nt 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 rul e 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 i n 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 r ule 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
. T his action may not b e7

challenged later in proceedings to enforce its requirements ( s ee 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 r ecordkeeping 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 Ident ification 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.

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