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Federal Register / Vol. 72, No.

236 / Monday, December 10, 2007 / Rules and Regulations 69621

EPA-APPROVED ST. REGIS MOHAWK TRIBE REGULATIONS—Continued


Tribal citation Title/subject Tribal effective date EPA approval date Explanations

Memorandum of Agree- Memorandum of Agree- 11/20/2003 ........................ December 10, 2007 [Insert
ment. ment dated November FEDERAL REGISTER page
20, 2003, between the number where the docu-
St. Regis Mohawk Tribe ment begins].
and the U.S. Environ-
mental Protection Agen-
cy Region II.

[FR Doc. E7–23718 Filed 12–7–07; 8:45 am] Publicly available docket materials are spray product or hair mousse; (9) graffiti
BILLING CODE 6560–50–P available either electronically through remover; (10) shaving gel; (11) toilet/
www.regulations.gov or in hard copy for urinal care product; and (12) wood
public inspection during normal cleaner. The previously regulated
ENVIRONMENTAL PROTECTION business hours at the Air Protection category with a more restrictive limit is
AGENCY Division, U.S. Environmental Protection contact adhesive that has been separated
Agency, Region III, 1650 Arch Street, into two subcategories: General purpose
40 CFR Part 52 Philadelphia, Pennsylvania 19103. and special purpose. The previously
[EPA–R03–OAR–2007–0794; FRL–8500–6] Copies of the State submittal are regulated categories with additional
available at the Maryland Department of requirements are air fresheners and
Approval and Promulgation of Air the Environment, 1800 Washington general purpose degreasers.
Quality Implementation Plans; Boulevard, Suite 705, Baltimore, The rationale for EPA’s proposed
Maryland; Amendments to the Control Maryland. action are explained in the NPR and
of VOC Emissions From Consumer FOR FURTHER INFORMATION CONTACT: Rose
will not be restated here. No public
Products Quinto, (215) 814–2182, or by e-mail at comments were received on the NPR.
AGENCY: Environmental Protection quinto.rose@epa.gov. II. Final Action
Agency (EPA). SUPPLEMENTARY INFORMATION: EPA is approving the amendments to
ACTION: Final rule. I. Background the control of VOC emissions from
consumer products as a revision to the
SUMMARY: EPA is approving a State On October 4, 2007 (72 FR 56707),
Maryland SIP. This SIP revision was
Implementation Plan (SIP) revision EPA published a notice of proposed
submitted by MDE on June 18, 2007.
submitted by the State of Maryland. rulemaking (NPR) for the State of
This SIP revision pertains to the control Maryland. The NPR proposed approval III. Statutory and Executive Order
of volatile organic compound (VOC) of amendments to the control of VOC Reviews
emissions from consumer products emissions from consumer products. The A. General Requirements
based on the 2006 Ozone Transport formal SIP revision (#07–08) was
submitted by the Maryland Department Under Executive Order 12866 (58 FR
Commission (OTC) model rule for
of the Environment (MDE) on June 18, 51735, October 4, 1993), this action is
consumer products. Maryland’s
2007. Maryland’s consumer products not a ‘‘significant regulatory action’’ and
amendments to the consumer products
rule incorporates the changes made by therefore is not subject to review by the
rule include fourteen categories that are
the California Air Resources Board Office of Management and Budget. For
new, including subcategories with new
(CARB) in 2005 that the OTC developed this reason, this action is also not
product category definitions and VOC
as a model rule for consumer products subject to Executive Order 13211,
limits; one previously regulated
in 2006. These amendments affect 18 ‘‘Actions Concerning Regulations That
category with a more restrictive VOC
categories of consumer products. Significantly Affect Energy Supply,
limit; and two previously regulated
Fourteen categories are new, including Distribution, or Use’’ (66 FR 28355, May
categories with additional requirements.
subcategories with new product 22, 2001). This action merely approves
EPA is approving this SIP revision in
category definitions and VOC limits; state law as meeting Federal
accordance with the Clean Air Act
one previously regulated category with requirements and imposes no additional
(CAA).
a more restrictive VOC limit; and two requirements beyond those imposed by
DATES: Effective Date: This final rule is previously regulated categories with state law. Accordingly, the
effective on January 9, 2008. additional requirements. The Administrator certifies that this rule
ADDRESSES: EPA has established a compliance date for these categories is will not have a significant economic
docket for this action under Docket ID January 1, 2009. impact on a substantial number of small
Number EPA–R03–OAR–2007–0794. All The new categories are: (1) Adhesive entities under the Regulatory Flexibility
documents in the docket are listed in remover with four subcategories: floor Act (5 U.S.C. 601 et seq.). Because this
the www.regulations.gov website. or wall covering, gasket or thread rule approves pre-existing requirements
Although listed in the electronic docket, locking, general purpose and specialty; under state law and does not impose
some information is not publicly (2) anti-static product; (3) electrical any additional enforceable duty beyond
available, i.e., confidential business cleaner; (4) electronic cleaner; (6) fabric that required by state law, it does not
information (CBI) or other information refresher; (7) footwear or leather care contain any unfunded mandate or
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whose disclosure is restricted by statute. product; (8) hair styling product that significantly or uniquely affect small
Certain other material, such as will incorporate hair styling gel and governments, as described in the
copyrighted material, is not placed on include additional forms of hair styling Unfunded Mandates Reform Act of 1995
the Internet and will be publicly products (i.e.; liquid, semi-solid, and (Pub. L. 104–4). This rule also does not
available only in hard copy form. pump spray) but does not include hair have tribal implications because it will

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69622 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations

not have a substantial direct effect on EPA, when it reviews a SIP submission, affect the finality of this rule for the
one or more Indian tribes, on the to use VCS in place of a SIP submission purposes of judicial review nor does it
relationship between the Federal that otherwise satisfies the provisions of extend the time within which a petition
Government and Indian tribes, or on the the CAA. Thus, the requirements of for judicial review may be filed, and
distribution of power and section 12(d) of the National shall not postpone the effectiveness of
responsibilities between the Federal Technology Transfer and Advancement such rule or action. This action
Government and Indian tribes, as Act of 1995 (15 U.S.C. 272 note) do not pertaining to the amendments of
specified by Executive Order 13175 (65 apply. This rule does not impose an Maryland’s consumer products rule,
FR 67249, November 9, 2000). This information collection burden under the may not be challenged later in
action also does not have Federalism provisions of the Paperwork Reduction proceedings to enforce its requirements.
implications because it does not have Act of 1995 (44 U.S.C. 3501 et seq.). (See section 307(b)(2).)
substantial direct effects on the States, B. Submission to Congress and the List of Subjects in 40 CFR Part 52
on the relationship between the national Comptroller General
government and the States, or on the Environmental protection, Air
distribution of power and The Congressional Review Act, 5 pollution control, Incorporation by
responsibilities among the various U.S.C. 801 et seq., as added by the Small reference, Ozone, Reporting and
levels of government, as specified in Business Regulatory Enforcement recordkeeping requirements, Volatile
Executive Order 13132 (64 FR 43255, Fairness Act of 1996, generally provides organic compounds.
August 10, 1999). This action merely that before a rule may take effect, the
agency promulgating the rule must Dated: November 20, 2007.
approves a state rule implementing a Donald S. Welsh,
Federal requirement, and does not alter submit a rule report, which includes a
copy of the rule, to each House of the Regional Administrator, Region III.
the relationship or the distribution of
power and responsibilities established Congress and to the Comptroller General ■ 40 CFR part 52 is amended as follows:
in the CAA. This rule also is not subject of the United States. EPA will submit a
to Executive Order 13045 ‘‘Protection of report containing this rule and other PART 52—[AMENDED]
Children from Environmental Health required information to the U.S. Senate,
the U.S. House of Representatives, and ■ 1. The authority citation for part 52
Risks and Safety Risks’’ (62 FR 19885, continues to read as follows:
the Comptroller General of the United
April 23, 1997), because it approves a
States prior to publication of the rule in Authority: 42 U.S.C. 7401 et seq.
state rule implementing a Federal
the Federal Register. This rule is not a
standard.
‘‘major rule’’ as defined by 5 U.S.C. Subpart V—Maryland
In reviewing SIP submissions, EPA’s 804(2).
role is to approve state choices, ■ 2. In § 52.1070, the table in paragraph
provided that they meet the criteria of C. Petitions for Judicial Review (c) is amended by revising entries
the CAA. In this context, in the absence Under section 307(b)(1) of the CAA, 26.11.32.01 through 26.11.32.23 and
of a prior existing requirement for the petitions for judicial review of this adding entries 26.11.32.24 through
State to use voluntary consensus action must be filed in the United States 26.11.32.26 to read as follows:
standards (VCS), EPA has no authority Court of Appeals for the appropriate
to disapprove a SIP submission for circuit by February 8, 2008. Filing a § 52.1070 Identification of plan.
failure to use VCS. It would thus be petition for reconsideration by the * * * * *
inconsistent with applicable law for Administrator of this final rule does not (c) * * *

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP


Code of Maryland Additional explanation/
administrative State effective
Title/subject EPA approval date citation at 40 CFR
regulations (COMAR) date 52.1100
citation

* * * * * * *

26.11.32 Control of Emissions of Volatile Organic Compound Emissions from Consumer Products

26.11.32.01 ............... Applicability and Exemptions ................................ 06/18/07 12/10/07 [Insert page
number where the
document begins].
26.11.32.02 ............... Incorporation by Reference ................................... 06/18/07 12/10/07 [Insert page
number where the
document begins].
26.11.32.03 ............... Definitions .............................................................. 06/18/07 12/10/07 [Insert page
number where the
document begins].
26.11.32.04 ............... Standards—General .............................................. 06/18/07 12/10/07 [Insert page
number where the
document begins].
26.11.32.05 ............... Standards—Requirements for Charcoal Lighter 08/18/03 12/09/03 68 FR 68523 .. (c)(185).
mstockstill on PROD1PC66 with RULES

Materials.
26.11.32.06 ............... Standards—Requirements for Aerosol Adhesives 06/18/07 12/10/07 [Insert page
number where the
document begins].
26.11.32.07 ............... Standards—Requirements for Floor Wax Strip- 08/18/03 12/09/03 68 FR 68523 .. (c)(185).
pers.

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Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations 69623

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP—Continued


Code of Maryland Additional explanation/
administrative State effective
Title/subject EPA approval date citation at 40 CFR
regulations (COMAR) date 52.1100
citation

26.11.32.08 ............... Requirements for Contact Adhesives, Electronic 06/18/07 12/10/07 [Insert page New Regulation.
Cleaners, Footwear, or Leather Care Products, number where the
and General Purpose Cleaners. document begins].
26.11.32.09 ............... Requirements for Adhesive Removers, Electrical 06/18/07 12/10/07 [Insert page New Regulation.
Cleaners, and Graffiti Removers. number where the
document begins].
26.11.32.10 ............... Requirements for Solid Air Fresheners and Toilet 06/18/07 12/10/07 [Insert page New Regulation.
and Urinal Care Products. number where the
document begins].
26.11.32.11 ............... Innovative Products—CARB Exemption ............... 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .08.
document begins].
26.11.32.12 ............... Innovative Products—Department Exemption ...... 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .09.
document begins].
26.11.32.13 ............... Administrative Requirements ................................ 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing.
document begins].
26.11.32.14 ............... Reporting Requirements ....................................... 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .11;
document begins]. Amended.
26.11.32.15 ............... Variances .............................................................. 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .12;
document begins]. Amended.
26.11.32.16 ............... Test Methods ........................................................ 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .13;
document begins]. Amended.
26.11.32.17 ............... Alternative Control Plan (ACP) ............................. 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .14;
document begins]. Amended.
26.11.32.18 ............... Approval of an ACP Application ........................... 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .15;
document begins]. Amended.
26.11.32.19 ............... Record Keeping and Availability of Requested In- 06/18/07 12/10/07 [Insert page Recodification of exist-
formation. number where the ing Regulation .16.
document begins].
26.11.32.20 ............... Violations ............................................................... 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .17.
document begins].
26.11.32.21 ............... Surplus Reduction and Surplus Trading ............... 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .18;
document begins]. Amended.
26.11.32.22 ............... Limited-use surplus reduction credits for early for- 06/18/07 12/10/07 [Insert page Recodification of exist-
mulations of ACP Products. number where the ing Regulation .19;
document begins]. Amended.
26.11.32.23 ............... Reconciliation of Shortfalls .................................... 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .20;
document begins]. Amended.
26.11.32.24 ............... Modifications to an ACP ....................................... 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .21;
document begins]. Amended.
26.11.32.25 ............... Cancellation of an ACP ......................................... 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .22;
document begins]. Amended.
26.11.32.26 ............... Transfer of an ACP ............................................... 06/18/07 12/10/07 [Insert page Recodification of exist-
number where the ing Regulation .23.
document begins].

* * * * * * *

* * * * *
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[FR Doc. E7–23385 Filed 12–7–07; 8:45 am]


BILLING CODE 6560–50–P

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