61382 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R01–OAR–2005–ME–0004; A–1–FRL–7982–

3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Consumer Products Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maine. This 

revision establishes requirements to 

reduce volatile organic compound 

(VOC) emissions from consumer 

products. The intended effect of this 

action is to approve these requirements 

into the Maine SIP. EPA is taking this 

action in accordance with the Clean Air 

Act (CAA). 

DATES: This direct final rule will be 

effective December 23, 2005, unless EPA 

receives adverse comments by 

November 23, 2005. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R01–OAR–

2005–ME–0004 by one of the following 

methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/ Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: conroy.dave@epa.gov. 

4. Fax: (617) 918–0661. 

5. Mail: ‘‘RME ID Number R01–OAR–

2005–ME–0004,’’ David Conroy, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100 (mail code 

CAQ), Boston, MA 02114–2023. 

6. Hand Delivery or Courier. Deliver 

your comments to: David Conroy, Chief, 

Air Programs Branch, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, 11th floor, (CAQ), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Regional Material in EDocket (RME) ID 

Number R01–OAR–2005–ME–0004. 

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:// 

docket.epa.gov/rmepub/, 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 Regional Material in 

EDocket (RME), regulations.gov, or email. The EPA RME Web site and the 

federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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 RME or 

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 

Regional Material in EDocket (RME) 

index at http://docket.epa.gov/rmepub/. 

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 RME or 

in hard copy at the Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Anne Arnold, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, One Congress Street, Suite 1100 

(CAQ), Boston, MA 02114–2023, (617) 

918–1047, arnold.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. How Can I Get Copies of This 

Document and Other Related 

Information? 

In addition to the publicly available 

docket materials available for inspection 

electronically in Regional Material in 

EDocket, and the hard copy available at 

the Regional Office, which are identified 

in the ADDRESSES section above, copies 

of the state submittal and EPA’s 

technical support document are also 

available for public inspection during 

normal business hours, by appointment 

at the Bureau of Air Quality Control, 

Department of Environmental 

Protection, First Floor of the Tyson 

Building, Augusta Mental Health 

Institute Complex, Augusta, ME 04333–

0017. 

II. Rulemaking Information 

This section is organized as follows: 

A. What Action Is EPA Taking? 

B. What Are the Requirements of Maine’s 

New Regulation? 

C. Why Is EPA Approving Maine’s 

Regulation? 

D. What Is the Process for EPA To Approve 

This SIP Revision? 

A. What Action Is EPA Taking? 

EPA is approving Maine’s Chapter 

152, ‘‘Control of Emissions of Volatile 

Organic Compounds from Consumer 

Products,’’ and incorporating this 

regulation into the Maine SIP. 

B. What Are the Requirements of 

Maine’s New Regulation? 

Maine’s Chapter 152 includes VOC 

content limits for many categories of 

consumer products such as deodorants, 

hairsprays, and glass cleaners. Certain 

products are, however, exempt from 

these limits. Specifically, the rule 

allows the use of innovative products 

exemptions, variances, or alternative 

control plans provided that they have 

been approved by EPA into the Maine 

SIP. In addition, Chapter 152 includes 

Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 61383 

1For example, on January 23, 2004, EPA 

approved New York’s consumer products rule (69 

FR 3237), and on December 9, 2003, EPA approved 

Maryland’s consumer products rule (68 FR 68523). 

the appropriate testing and 

recordkeeping requirements to ensure 

compliance with the specified 

standards. Finally, the rule requires 

compliance with the specified VOC 

content limits by May 1, 2005. 

C. Why Is EPA Approving Maine’s 

Regulation? 

EPA has evaluated Maine’s Chapter 

152 and has found that this regulation 

is consistent with EPA guidance and the 

Ozone Transport Commission (OTC) 

model rule for consumer products. The 

specific requirements of the regulation 

and EPA’s evaluation of these 

requirements are detailed in a 

memorandum, dated June 16, 2005, 

entitled ‘‘Technical Support 

Document—Maine—Consumer Products 

Regulation’’ (TSD). The TSD and 

Maine’s Chapter 152 are available in the 

docket supporting this action. 

The OTC has developed model rules 

for several VOC source categories and 

the OTC states, including Maine, have 

signed a memorandum of understanding 

(MOU) committing to adopt these model 

rules. One of the categories for which a 

model rule has been developed is 

consumer products. (See ‘‘OTC Model 

Rule for Consumer Products,’’ issued 

March 28, 2001, revised November 29, 

2001, and April 23, 2002.) 

Several other OTC states have also 

recently adopted a consumer products 

rule based on the OTC model rule and 

EPA has already approved some of these 

states’ rules.1 The emission limits in 

Maine’s rule are identical to those 

contained in the OTC model rule. These 

emission limits are at least as stringent 

as, and in some cases more stringent 

than, EPA’s national consumer products 

rule, ‘‘National Volatile Organic 

Compound Emission Standards for 

Consumer Products,’’ 40 CFR Part 59, 

Subpart C. Also, Maine’s rule includes 

additional categories of consumer 

products that are not included in EPA’s 

rule. 

Maine did not submit its August 27, 

2004 Chapter 152 SIP submittal to meet 

any specific control requirements under 

the Clean Air Act. However, 

subsequently, on June 9, 2005, Maine 

submitted its 5 percent increment of 

progress plan which relies on 

reductions from Chapter 152. In today’s 

action, EPA is approving Chapter 152 

because it will strengthen Maine’s SIP. 

EPA will evaluate the reductions Maine 

is claiming from Chapter 152 in its 5 

percent increment of progress plan 

when the Agency takes action on that 

plan. 

D. What Is the Process for EPA To 

Approve This SIP Revision? 

The EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

action will be effective December 23, 

2005 without further notice unless the 

EPA receives adverse comments by 

November 23, 2005. 

If the EPA receives such comments, 

then EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period. 

Parties interested in commenting should 

do so at this time. If no such comments 

are received, the public is advised that 

this rule will be effective on December 

23, 2005 and no further action will be 

taken on the proposed rule. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of this 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. 

III. Final Action 

EPA is approving Maine’s Chapter 

152, ‘‘Control of Emissions of Volatile 

Organic Compounds from Consumer 

Products,’’ and incorporating this 

regulation into the Maine SIP. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

federal government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have federalism 

implications because it does not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves a state rule implementing a 

federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

61384 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 

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 rule 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 December 23, 

2005. Interested parties should 

comment in response to the proposed 

rule rather than petition for judicial 

review, unless the objection arises after 

the comment period allowed for in the 

proposal. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 28, 2005. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

■ Part 52 of 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 U—Maine 

■ 2. Section 52.1020 is amended by 

adding paragraph (c)(57) to read as 

follows: 

§ 52.1020 Identification of plan. 

* * * * * 

(c) * * * 

(57) Revisions to the State 

Implementation Plan submitted by the 

Maine Department of Environmental 

Protection on August 27, 2004, and 

September 8, 2004. 

(i) Incorporation by reference. 

(A) Chapter 152 of the Maine 

Department of Environmental Protection 

Regulations, ‘‘Control of Emissions of 

Volatile Organic Compounds from 

Consumer Products,’’ effective in the 

State of Maine on September 1, 2004. 

(ii) Additional materials. 

(A) Nonregulatory portions of the 

submittal. 

■ 3. In § 52.1031, Table 52.1031 is 

amended by adding a new State citation, 

152, to read as follows: 

§ 52.1031 EPA-approved Maine 

Regulations. 

* * * * * 

TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS

State 

citation Title/subject Date adopted by State 

Date approved 

by EPA 

Federal Register 

citation 52.1020 

* * * * * * * 

152 .............. Control of Emissions of Volatile Organic Compounds from Consumer Products 8/19/04 10/24/05 [Insert FR citation 

from published 

date] 

(c)(57).

* * * * * * * 

Note.—1. The regulations are effective statewide unless stated otherwise in comments section. 

[FR Doc. 05–21192 Filed 10–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R01–OAR–2005–CT–0002; A–1–FRL–7967–

2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; VOC RACT Orders for 

Hitchcock Chair Co., Ltd.; Kimberly 

Clark Corp.; Watson Laboratories, Inc.; 

and Ross & Roberts, Inc. 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Connecticut. 

These revisions incorporate volatile 

organic compound (VOC) reasonably 

available control technology (RACT) 

state consent orders into the 

Connecticut SIP for four facilities: 

Hitchcock Chair Co., Ltd.; Kimberly 

Clark Corp.; Watson Laboratories, Inc.; 

and Ross & Roberts, Inc. This action will 

have a beneficial effect on air quality by 

reducing VOC emissions which 

contribute to ground-level ozone 

formation. EPA is taking this action in 

accordance with the Clean Air Act 

(CAA). 

DATES: This direct final rule will be 

effective December 23, 2005, unless EPA 

receives adverse comments by 

November 23, 2005. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R01–OAR–

2005–CT–0002 by one of the following 

methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/ Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the onVerDate Aug<31>2005 13:23 Oct 21, 2005 Jkt 208001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1