82_FR_33151 82 FR 33014 - Air Plan Approval; ME; Consumer Products Alternative Control Plan

82 FR 33014 - Air Plan Approval; ME; Consumer Products Alternative Control Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 137 (July 19, 2017)

Page Range33014-33016
FR Document2017-15048

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Maine Department of Environmental Protection (Maine DEP). The SIP revision consists of an Alternative Control Plan (ACP) for the control of volatile organic compound (VOC) emissions from Reckitt Benckiser's Air Wick Air Freshener Single Phase Aerosol Spray, issued pursuant to Maine's consumer products rule. This action is being taken in accordance with the Clean Air Act.

Federal Register, Volume 82 Issue 137 (Wednesday, July 19, 2017)
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Rules and Regulations]
[Pages 33014-33016]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15048]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0023; A-1-FRL-9965-10-Region 1]


Air Plan Approval; ME; Consumer Products Alternative Control Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Maine Department of 
Environmental Protection (Maine DEP). The SIP revision consists of an 
Alternative Control Plan (ACP) for the control of volatile organic 
compound (VOC) emissions from Reckitt Benckiser's Air Wick Air 
Freshener Single Phase Aerosol Spray, issued pursuant to Maine's 
consumer products rule. This action is being taken in accordance with 
the Clean Air Act.

DATES: This direct final rule will be effective September 18, 2017, 
unless EPA receives adverse comments by August 18, 2017. 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 Docket ID No. EPA-R01-
OAR-2017-0023 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-2), 
Boston, MA 02109-3912, tel. 617-918-1584, email 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Description and Evaluation of the State's Submittal
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    Maine's Chapter 152, ``Control of Emissions of Volatile Organic 
Compounds from Consumer Products'' (Chapter 152) became effective in 
the State of Maine on September 1, 2004 and was approved by EPA into 
the Maine SIP on October 24, 2005 (70 FR 61382). Maine subsequently 
amended this rule. The current amended version of the rule became 
effective in the State of Maine on December 15, 2007 and was approved 
by EPA into the Maine SIP on May 22, 2012 (77 FR 30216). Chapter 152 
contains VOC content limits for the manufacture and sale of various 
consumer products in the state of Maine. Chapter 152 also provides for 
state and EPA approval of ACPs by allowing the responsible party the 
option of voluntarily applying for such agreements.
    On March 30, 2012, the Maine DEP received an ACP application from 
Reckitt Benckiser LLC (Reckitt) for Reckitt's Air Wick Air Freshener 
Single-Phase Aerosol Spray pursuant to Chapter 152. The Maine DEP 
approved the Reckitt ACP effective April 23, 2013 and on the same day 
sent EPA the ACP for approval into the Maine SIP.

II. Description and Evaluation of the State's Submittal

    Reckitt manufactures Air Wick Air Freshener Single-Phase Aerosol 
Spray (Product), which is offered for retail sale and wholesale 
distribution in the State of Maine. The Product contains 4.6% VOCs by 
weight. The Chapter 152 regulatory content limit for single-phase 
aerosol air freshener is 30% VOCs by weight. Reckitt's ACP generates 
VOC credits, expressed in pounds of VOCs, based on the difference 
between the Product VOC content and regulatory VOC limit for each unit 
sold in the State of Maine. Credits generated are subject to the 
conditions in the ACP Approval. Reckitt shall monitor Maine sales of 
the Product and each calendar quarter shall provide to the Maine DEP 
accurate records and documentation as a basis for compliance reporting. 
Only sales in the State of Maine that are substantiated by accurate 
documentation shall be used in the calculation of VOC emissions and 
emission reductions (surplus reductions). The resulting surplus 
reduction credits shall be discounted by 5% prior to the issuance

[[Page 33015]]

of the surplus emission reduction certificates by the Maine DEP. 
Reckitt must maintain a minimum of three years of detailed 
transactional data, traceable to invoice levels. Maine DEP shall issue 
surplus reduction certificates which establish and quantify to the 
nearest pound of VOC reduced, surplus reductions achieved by Reckitt 
operating under the ACP.
    Surplus reduction certificates shall not constitute instruments, 
securities, or any other form of property. The issuance, use and 
trading of all surplus reductions shall be subject to the conditions 
within the ACP. Any surplus reductions issued by Maine DEP may be used 
by Reckitt until the reductions expire, are traded to another 
responsible party operating under a SIP-approved ACP, or until the ACP 
is canceled. A valid surplus reduction shall be in effect starting five 
days after the date of issuance by the Maine DEP, for a continuous 
period of one year at the end of which period the surplus reduction 
shall then expire. Surplus reductions cannot be applied retroactively 
to any compliance period prior to the compliance period in which the 
reductions were generated. While valid, surplus reductions certificates 
can only be used in the State of Maine to:
    (1) Adjust either the Consumer Product ACP emissions of either 
Reckitt or another ACP responsible party to which the reductions were 
traded, provided the surplus reductions are not to be used by any ACP 
responsible party to lower its ACP emissions when its ACP emissions are 
equal to or less than the ACP limit during the applicable compliance 
period; or
    (2) be traded for the purpose of reconciling another approved 
Consumer Product ACP responsible party's shortfalls.
    EPA has reviewed the ACP and has determined that it is approvable. 
Reckitt must still, at a minimum, comply with the VOC content limits in 
Maine's SIP-approved Chapter 152. However, to the extent that the 
company documents, as outlined in the ACP, the sales of Product in 
Maine with a VOC content below these limits, the Maine DEP will issue 
VOC emission reduction credits that may be used in the future. Since to 
date, this is the first and only Consumer Product ACP submitted by the 
State of Maine for SIP approval, reduction certificates generated may 
only be held for future use until they expire (i.e., for one year). 
Certificates generated may only be used after a second Consumer Product 
ACP is submitted by Maine, and approved by EPA, into the Maine SIP. 
Thus, this SIP revision meets the anti-back sliding requirements of 
Section 110(l) of the Clean Air Act.

III. Final Action

    EPA is approving, and incorporating into the Maine SIP, an ACP for 
Reckitt Benckiser's Air Wick Air Freshener Single Phase Aerosol Spray.
    The EPA is publishing this action 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 
relevant adverse comments be filed.
    This rule will be effective September 18, 2017 without further 
notice unless the Agency receives relevant adverse comments by August 
18, 2017.
    If the EPA receives such comments, then EPA will publish a notice 
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 on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on September 18, 2017 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.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
alternative control plan issued by the Maine DEP to Reckitt described 
in the amendments to 40 CFR part 52 set forth below. The EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov, and/or at the EPA Region 1 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

V. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have

[[Page 33016]]

tribal implications and will not impose substantial direct costs on 
tribal governments or preempt tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).
    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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    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 September 18, 2017. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 5, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart U--Maine

0
2. In Sec.  52.1020(d), the table is amended by adding an entry for 
``Reckitt Benckiser's Air Wick Air Freshener Single Phase Aerosol 
Spray'' at the end of the table to read as follows:


Sec.  52.1020   Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Maine Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                     State effective   EPA approval date
         Name of source            Permit number           date               \2\              Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reckitt Benckiser's Air Wick     Alternative                4/23/2013  7/19/2017 [Insert  Issued pursuant to
 Air Freshener Single Phase       Control Plan.                         Federal Register   Chapter 152 Control
 Aerosol Spray.                                                         citation].         of Volatile Organic
                                                                                           Compounds from
                                                                                           Consumer Products.
----------------------------------------------------------------------------------------------------------------
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[FR Doc. 2017-15048 Filed 7-18-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                33014                   Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Rules and Regulations

                                                                                                                    EPA-APPROVED MAINE REGULATIONS
                                                                                                                   State effective         EPA approval date EPA ap-
                                                           State citation                   Title/subject                                                                                             Explanations
                                                                                                                        date                proval date and citation 1


                                                         *                               *                              *                       *                   *                           *                  *
                                                Chapter 119 ...................        Motor Vehicle Fuel               7/15/2015         7/19/2017 [Insert Federal             Requires the sale of federal RFG year round
                                                                                        Volatility Limit.                                   Register citation].                   and removes the 7.8 RVP requirement during
                                                                                                                                                                                  the period of May 1 through September 15 in
                                                                                                                                                                                  7 southern counties.

                                                               *                            *                           *                          *                        *                     *                  *
                                                    1 In
                                                     order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
                                                umn for the particular provision.


                                                *          *       *       *       *                               Do not submit electronically any                              61382). Maine subsequently amended
                                                [FR Doc. 2017–15049 Filed 7–18–17; 8:45 am]                        information you consider to be                                this rule. The current amended version
                                                BILLING CODE 6560–50–P                                             Confidential Business Information (CBI)                       of the rule became effective in the State
                                                                                                                   or other information whose disclosure is                      of Maine on December 15, 2007 and was
                                                                                                                   restricted by statute. Multimedia                             approved by EPA into the Maine SIP on
                                                ENVIRONMENTAL PROTECTION                                           submissions (audio, video, etc.) must be                      May 22, 2012 (77 FR 30216). Chapter
                                                AGENCY                                                             accompanied by a written comment.                             152 contains VOC content limits for the
                                                                                                                   The written comment is considered the                         manufacture and sale of various
                                                40 CFR Part 52                                                     official comment and should include                           consumer products in the state of
                                                [EPA–R01–OAR–2017–0023; A–1–FRL–                                   discussion of all points you wish to                          Maine. Chapter 152 also provides for
                                                9965–10–Region 1]                                                  make. The EPA will generally not                              state and EPA approval of ACPs by
                                                                                                                   consider comments or comment                                  allowing the responsible party the
                                                Air Plan Approval; ME; Consumer                                    contents located outside of the primary                       option of voluntarily applying for such
                                                Products Alternative Control Plan                                  submission (i.e. on the web, cloud, or                        agreements.
                                                                                                                   other file sharing system). For                                  On March 30, 2012, the Maine DEP
                                                AGENCY: Environmental Protection
                                                                                                                   additional submission methods, please                         received an ACP application from
                                                Agency (EPA).
                                                                                                                   contact the person identified in the ‘‘FOR                    Reckitt Benckiser LLC (Reckitt) for
                                                ACTION: Direct final rule.                                                                                                       Reckitt’s Air Wick Air Freshener Single-
                                                                                                                   FURTHER INFORMATION CONTACT’’ section.
                                                SUMMARY:   The Environmental Protection                            For the full EPA public comment policy,                       Phase Aerosol Spray pursuant to
                                                Agency (EPA) is approving a State                                  information about CBI or multimedia                           Chapter 152. The Maine DEP approved
                                                Implementation Plan (SIP) revision                                 submissions, and general guidance on                          the Reckitt ACP effective April 23, 2013
                                                submitted by the Maine Department of                               making effective comments, please visit                       and on the same day sent EPA the ACP
                                                Environmental Protection (Maine DEP).                              http://www2.epa.gov/dockets/                                  for approval into the Maine SIP.
                                                The SIP revision consists of an                                    commenting-epa-dockets.                                       II. Description and Evaluation of the
                                                Alternative Control Plan (ACP) for the                             FOR FURTHER INFORMATION CONTACT:                              State’s Submittal
                                                control of volatile organic compound                               David L. Mackintosh, Air Quality                                 Reckitt manufactures Air Wick Air
                                                (VOC) emissions from Reckitt                                       Planning Unit, U.S. Environmental                             Freshener Single-Phase Aerosol Spray
                                                Benckiser’s Air Wick Air Freshener                                 Protection Agency, EPA New England                            (Product), which is offered for retail sale
                                                Single Phase Aerosol Spray, issued                                 Regional Office, 5 Post Office Square—                        and wholesale distribution in the State
                                                pursuant to Maine’s consumer products                              Suite 100, (Mail Code OEP05–2),                               of Maine. The Product contains 4.6%
                                                rule. This action is being taken in                                Boston, MA 02109–3912, tel. 617–918–                          VOCs by weight. The Chapter 152
                                                accordance with the Clean Air Act.                                 1584, email Mackintosh.David@epa.gov.                         regulatory content limit for single-phase
                                                DATES: This direct final rule will be                              SUPPLEMENTARY INFORMATION:                                    aerosol air freshener is 30% VOCs by
                                                effective September 18, 2017, unless                               Throughout this document whenever                             weight. Reckitt’s ACP generates VOC
                                                EPA receives adverse comments by                                   ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                   credits, expressed in pounds of VOCs,
                                                August 18, 2017. If adverse comments                               EPA.                                                          based on the difference between the
                                                are received, EPA will publish a timely                                                                                          Product VOC content and regulatory
                                                                                                                   Table of Contents
                                                withdrawal of the direct final rule in the                                                                                       VOC limit for each unit sold in the State
                                                Federal Register informing the public                              I. Background and Purpose                                     of Maine. Credits generated are subject
                                                that the rule will not take effect.                                II. Description and Evaluation of the State’s                 to the conditions in the ACP Approval.
                                                                                                                         Submittal
                                                ADDRESSES: Submit your comments,                                                                                                 Reckitt shall monitor Maine sales of the
                                                                                                                   III. Final Action
                                                identified by Docket ID No. EPA–R01–                               IV. Incorporation by Reference                                Product and each calendar quarter shall
                                                OAR–2017–0023 at http://                                           V. Statutory and Executive Order Reviews                      provide to the Maine DEP accurate
                                                www.regulations.gov, or via email to                                                                                             records and documentation as a basis
                                                Mackintosh.David@epa.gov. For                                      I. Background and Purpose                                     for compliance reporting. Only sales in
mstockstill on DSK30JT082PROD with RULES




                                                comments submitted at Regulations.gov,                                Maine’s Chapter 152, ‘‘Control of                          the State of Maine that are substantiated
                                                follow the online instructions for                                 Emissions of Volatile Organic                                 by accurate documentation shall be
                                                submitting comments. Once submitted,                               Compounds from Consumer Products’’                            used in the calculation of VOC
                                                comments cannot be edited or removed                               (Chapter 152) became effective in the                         emissions and emission reductions
                                                from Regulations.gov. For either manner                            State of Maine on September 1, 2004                           (surplus reductions). The resulting
                                                of submission, the EPA may publish any                             and was approved by EPA into the                              surplus reduction credits shall be
                                                comment received to its public docket.                             Maine SIP on October 24, 2005 (70 FR                          discounted by 5% prior to the issuance


                                           VerDate Sep<11>2014         16:17 Jul 18, 2017       Jkt 241001   PO 00000       Frm 00028   Fmt 4700       Sfmt 4700   E:\FR\FM\19JYR1.SGM   19JYR1


                                                                  Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Rules and Regulations                                          33015

                                                of the surplus emission reduction                        anti-back sliding requirements of                     V. Statutory and Executive Order
                                                certificates by the Maine DEP. Reckitt                   Section 110(l) of the Clean Air Act.                  Reviews
                                                must maintain a minimum of three                                                                                  Under the Clean Air Act, the
                                                years of detailed transactional data,                    III. Final Action
                                                                                                                                                               Administrator is required to approve a
                                                traceable to invoice levels. Maine DEP                      EPA is approving, and incorporating                SIP submission that complies with the
                                                shall issue surplus reduction certificates               into the Maine SIP, an ACP for Reckitt                provisions of the Act and applicable
                                                which establish and quantify to the                      Benckiser’s Air Wick Air Freshener                    Federal regulations. 42 U.S.C. 7410(k);
                                                nearest pound of VOC reduced, surplus                    Single Phase Aerosol Spray.                           40 CFR 52.02(a). Thus, in reviewing SIP
                                                reductions achieved by Reckitt                                                                                 submissions, EPA’s role is to approve
                                                operating under the ACP.                                    The EPA is publishing this action
                                                                                                         without prior proposal because the                    state choices, provided that they meet
                                                   Surplus reduction certificates shall                                                                        the criteria of the Clean Air Act.
                                                not constitute instruments, securities, or               Agency views this as a noncontroversial
                                                                                                         amendment and anticipates no adverse                  Accordingly, this action merely
                                                any other form of property. The                                                                                approves state law as meeting Federal
                                                issuance, use and trading of all surplus                 comments. However, in the proposed
                                                                                                         rules section of this Federal Register                requirements and does not impose
                                                reductions shall be subject to the                                                                             additional requirements beyond those
                                                conditions within the ACP. Any surplus                   publication, EPA is publishing a
                                                                                                         separate document that will serve as the              imposed by state law. For that reason,
                                                reductions issued by Maine DEP may be                                                                          this action:
                                                used by Reckitt until the reductions                     proposal to approve the SIP revision
                                                                                                                                                                  • Is not a significant regulatory action
                                                expire, are traded to another responsible                should relevant adverse comments be
                                                                                                                                                               subject to review by the Office of
                                                party operating under a SIP-approved                     filed.
                                                                                                                                                               Management and Budget under
                                                ACP, or until the ACP is canceled. A                        This rule will be effective September              Executive Orders 12866 (58 FR 51735,
                                                valid surplus reduction shall be in effect               18, 2017 without further notice unless                October 4, 1993) and 13563 (76 FR 3821,
                                                starting five days after the date of                     the Agency receives relevant adverse                  January 21, 2011);
                                                issuance by the Maine DEP, for a                         comments by August 18, 2017.                             • Does not impose an information
                                                continuous period of one year at the end                                                                       collection burden under the provisions
                                                                                                            If the EPA receives such comments,
                                                of which period the surplus reduction                                                                          of the Paperwork Reduction Act (44
                                                                                                         then EPA will publish a notice
                                                shall then expire. Surplus reductions                                                                          U.S.C. 3501 et seq.);
                                                                                                         withdrawing the final rule and
                                                cannot be applied retroactively to any                                                                            • Is certified as not having a
                                                                                                         informing the public that the rule will
                                                compliance period prior to the                                                                                 significant economic impact on a
                                                                                                         not take effect. All public comments
                                                compliance period in which the                                                                                 substantial number of small entities
                                                                                                         received will then be addressed in a
                                                reductions were generated. While valid,                                                                        under the Regulatory Flexibility Act (5
                                                                                                         subsequent final rule based on the
                                                surplus reductions certificates can only                                                                       U.S.C. 601 et seq.);
                                                                                                         proposed rule. The EPA will not
                                                be used in the State of Maine to:                                                                                 • Does not contain any unfunded
                                                                                                         institute a second comment period on
                                                   (1) Adjust either the Consumer                                                                              mandate or significantly or uniquely
                                                                                                         the proposed rule. All parties interested
                                                Product ACP emissions of either Reckitt                                                                        affect small governments, as described
                                                                                                         in commenting on the proposed rule
                                                or another ACP responsible party to                                                                            in the Unfunded Mandates Reform Act
                                                                                                         should do so at this time. If no such
                                                which the reductions were traded,                                                                              of 1995 (Pub. L. 104–4);
                                                                                                         comments are received, the public is
                                                provided the surplus reductions are not
                                                                                                         advised that this rule will be effective                 • Does not have Federalism
                                                to be used by any ACP responsible party                                                                        implications as specified in Executive
                                                                                                         on September 18, 2017 and no further
                                                to lower its ACP emissions when its                                                                            Order 13132 (64 FR 43255, August 10,
                                                ACP emissions are equal to or less than                  action will be taken on the proposed
                                                                                                         rule. Please note that if EPA receives                1999);
                                                the ACP limit during the applicable
                                                                                                         adverse comment on an amendment,                         • Is not an economically significant
                                                compliance period; or                                                                                          regulatory action based on health or
                                                                                                         paragraph, or section of this rule and if
                                                   (2) be traded for the purpose of                                                                            safety risks subject to Executive Order
                                                                                                         that provision may be severed from the
                                                reconciling another approved Consumer                                                                          13045 (62 FR 19885, April 23, 1997);
                                                                                                         remainder of the rule, EPA may adopt
                                                Product ACP responsible party’s                                                                                   • Is not a significant regulatory action
                                                shortfalls.                                              as final those provisions of the rule that
                                                                                                                                                               subject to Executive Order 13211 (66 FR
                                                                                                         are not the subject of an adverse
                                                   EPA has reviewed the ACP and has                                                                            28355, May 22, 2001);
                                                                                                         comment.
                                                determined that it is approvable. Reckitt                                                                         • Is not subject to requirements of
                                                must still, at a minimum, comply with                    IV. Incorporation by Reference                        Section 12(d) of the National
                                                the VOC content limits in Maine’s SIP-                                                                         Technology Transfer and Advancement
                                                approved Chapter 152. However, to the                       In this rule, the EPA is finalizing                Act of 1995 (15 U.S.C. 272 note) because
                                                extent that the company documents, as                    regulatory text that includes                         application of those requirements would
                                                outlined in the ACP, the sales of                        incorporation by reference. In                        be inconsistent with the Clean Air Act;
                                                Product in Maine with a VOC content                      accordance with requirements of 1 CFR                 and
                                                below these limits, the Maine DEP will                   51.5, the EPA is finalizing the                          • Does not provide EPA with the
                                                issue VOC emission reduction credits                     incorporation by reference of the                     discretionary authority to address, as
                                                that may be used in the future. Since to                 alternative control plan issued by the                appropriate, disproportionate human
                                                date, this is the first and only Consumer                Maine DEP to Reckitt described in the                 health or environmental effects, using
                                                Product ACP submitted by the State of                    amendments to 40 CFR part 52 set forth                practicable and legally permissible
                                                Maine for SIP approval, reduction                        below. The EPA has made, and will                     methods, under Executive Order 12898
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                                                certificates generated may only be held                  continue to make, these materials                     (59 FR 7629, February 16, 1994).
                                                for future use until they expire (i.e., for              generally available through                              In addition, the SIP is not approved
                                                one year). Certificates generated may                    www.regulations.gov, and/or at the EPA                to apply on any Indian reservation land
                                                only be used after a second Consumer                     Region 1 Office (please contact the                   or in any other area where EPA or an
                                                Product ACP is submitted by Maine,                       person identified in the FOR FURTHER                  Indian tribe has demonstrated that a
                                                and approved by EPA, into the Maine                      INFORMATION CONTACT section of this                   tribe has jurisdiction. In those areas of
                                                SIP. Thus, this SIP revision meets the                   preamble for more information).                       Indian country, the rule does not have


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                                                33016             Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Rules and Regulations

                                                tribal implications and will not impose                   States Court of Appeals for the                         requirements, Volatile organic
                                                substantial direct costs on tribal                        appropriate circuit by September 18,                    compounds.
                                                governments or preempt tribal law as                      2017. Filing a petition for                               Dated: July 5, 2017.
                                                specified by Executive Order 13175 (65                    reconsideration by the Administrator of                 Deborah A. Szaro,
                                                FR 67249, November 9, 2000).                              this final rule does not affect the finality
                                                   The Congressional Review Act, 5                                                                                Acting Regional Administrator, EPA New
                                                                                                          of this action for the purposes of judicial
                                                                                                                                                                  England.
                                                U.S.C. 801 et seq., as added by the Small                 review nor does it extend the time
                                                Business Regulatory Enforcement                           within which a petition for judicial                      Part 52 of chapter I, title 40 of the
                                                Fairness Act of 1996, generally provides                  review may be filed, and shall not                      Code of Federal Regulations is amended
                                                that before a rule may take effect, the                   postpone the effectiveness of such rule                 as follows:
                                                agency promulgating the rule must                         or action. Parties with objections to this
                                                submit a rule report, which includes a                    direct final rule are encouraged to file a              PART 52—APPROVAL AND
                                                copy of the rule, to each House of the                    comment in response to the parallel                     PROMULGATION OF
                                                Congress and to the Comptroller General                   notice of proposed rulemaking for this                  IMPLEMENTATION PLANS
                                                of the United States. Section 804,                        action published in the proposed rules
                                                however, exempts from section 801 the                     section of this Federal Register, rather                ■ 1. The authority citation for part 52
                                                following types of rules: Rules of                        than file an immediate petition for                     continues to read as follows:
                                                particular applicability; rules relating to               judicial review of this direct final rule,                  Authority: 42 U.S.C. 7401 et seq.
                                                agency management or personnel; and                       so that EPA can withdraw this direct
                                                rules of agency organization, procedure,                  final rule and address the comment in                   Subpart U—Maine
                                                or practice that do not substantially                     the proposed rulemaking. This action
                                                affect the rights or obligations of non-                  may not be challenged later in                          ■  2. In § 52.1020(d), the table is
                                                agency parties. 5 U.S.C. 804(3). Because                  proceedings to enforce its requirements.                amended by adding an entry for
                                                this is a rule of particular applicability,               (See section 307(b)(2).)                                ‘‘Reckitt Benckiser’s Air Wick Air
                                                EPA is not required to submit a rule                                                                              Freshener Single Phase Aerosol Spray’’
                                                report regarding this action under                        List of Subjects in 40 CFR Part 52                      at the end of the table to read as follows:
                                                section 801.                                                Environmental protection, Air
                                                   Under section 307(b)(1) of the Clean                   pollution control, Incorporation by                     § 52.1020    Identification of plan.
                                                Air Act, petitions for judicial review of                 reference, Intergovernmental relations,                 *       *    *      *       *
                                                this action must be filed in the United                   Ozone, Reporting and recordkeeping                          (d) * * *
                                                                                            EPA-APPROVED MAINE SOURCE SPECIFIC REQUIREMENTS
                                                                                                                            State effective           EPA approval
                                                            Name of source                           Permit number                                                                        Explanations
                                                                                                                                 date                    date 2


                                                         *                    *                              *                        *                     *                      *                   *
                                                Reckitt Benckiser’s Air Wick Air Fresh-            Alternative Control                4/23/2013    7/19/2017 [Insert       Issued pursuant to Chapter 152 Con-
                                                  ener Single Phase Aerosol Spray.                   Plan.                                           Federal Reg-            trol of Volatile Organic Compounds
                                                                                                                                                     ister citation].        from Consumer Products.
                                                  2 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
                                                umn for the particular provision.


                                                [FR Doc. 2017–15048 Filed 7–18–17; 8:45 am]               updates, corrections and minor edits.                   restricted by statute. Multimedia
                                                BILLING CODE 6560–50–P                                    EPA does not anticipate any adverse                     submissions (audio, video, etc.) must be
                                                                                                          comments.                                               accompanied by a written comment.
                                                                                                          DATES:  This rule is effective on                       The written comment is considered the
                                                ENVIRONMENTAL PROTECTION                                                                                          official comment and should include
                                                                                                          September 18, 2017 without further
                                                AGENCY                                                                                                            discussion of all points you wish to
                                                                                                          notice, unless EPA receives adverse
                                                                                                          comment by August 18, 2017. If EPA                      make. The EPA will generally not
                                                48 CFR Parts 1501, 1504, 1509, 1515,                                                                              consider comments or comment
                                                1516, 1517, 1519, 1535, 1552 and 1553                     receives adverse comment, we will
                                                                                                          publish a timely withdrawal in the                      contents located outside of the primary
                                                [EPA–HQ–OARM–2017–0126; FRL 9960–62–                      Federal Register informing the public                   submission (i.e. on the web, cloud, or
                                                OARM]                                                     that the rule will not take effect.                     other file sharing system). For
                                                                                                                                                                  additional submission methods, the full
                                                                                                          ADDRESSES: Submit your comments,
                                                Administrative Amendments to                                                                                      EPA public comment policy,
                                                                                                          identified by Docket ID No. EPA–HQ–                     information about CBI or multimedia
                                                Environmental Protection Agency
                                                                                                          OARM–2017–0126, at https://                             submissions, and general guidance on
                                                Acquisition Regulation
                                                                                                          www.regulations.gov. Follow the online                  making effective comments, please visit
                                                AGENCY: Environmental Protection                          instructions for submitting comments.
                                                                                                                                                                  https://www.epa.gov/dockets/
                                                Agency (EPA).                                             Once submitted, comments cannot be
                                                                                                                                                                  commenting-epa-dockets.
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                                                ACTION: Direct final rule.                                edited or removed from Regulations.gov.
                                                                                                          The EPA may publish any comment                         FOR FURTHER INFORMATION CONTACT:
                                                SUMMARY: The Environmental Protection                     received to its public docket. Do not                   Julianne Odend’hal, Office of
                                                Agency (EPA) is issuing a final rule to                   submit electronically any information                   Acquisition Management (Mail Code
                                                amend the Environmental Protection                        you consider to be Confidential                         3802R), U.S. Environmental Protection
                                                Agency Acquisition Regulation                             Business Information (CBI) or other                     Agency, 1200 Pennsylvania Avenue
                                                (EPAAR) to make administrative                            information whose disclosure is                         NW., Washington, DC 20460; telephone


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Document Created: 2017-07-19 06:17:27
Document Modified: 2017-07-19 06:17:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective September 18, 2017, unless EPA receives adverse comments by August 18, 2017. 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.
ContactDavid L. Mackintosh, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-2), Boston, MA 02109-3912, tel. 617-918-1584, email [email protected]
FR Citation82 FR 33014 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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