[Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
[Rules and Regulations]
[Pages 61523-61526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29299]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-106-1-7405a, FRL-6471-8]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to Consumer Products Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is taking direct final action approving revisions to
the consumer products regulations in the Texas State Implementation
Plan (SIP). The primary purpose of the revisions is to amend the
regulations to exclude a new type of insecticide designated to kill
house dust mites from the volatile organic compound (VOC) limitation
applicable to other crawling bug insecticides. The EPA is approving
these revisions to the Texas SIP as requested by the Governor of Texas.
DATES: This rule is effective on January 11, 2000 without further
notice, unless EPA receives adverse comment by December 13, 1999. If
EPA receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region
6 Office listed below. Copies of documents relevant to this action are
available for public inspection during normal business hours at the
following locations. Anyone wanting to examine these documents should
make an appointment with the appropriate office at least two working
days in advance.
[[Page 61524]]
Environmental Protection Agency, Region 6, Air Planning Section
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
Texas Natural Resource Conservation Commission, Office of Air
Quality, 12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Bill Deese of the EPA Region 6 Air
Planning Section at (214) 665-7253.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever ``we'' is used, we mean EPA. This
document makes references to subsections of 40 CFR 52.2270. Section 40
CFR 52.2270 was moved to 40 CFR 52.2299 in a Federal Register action
published July 7, 1999 (64 FR 36586).
I. What Is EPA Approving in This Action?
The consumer products regulations in the Texas SIP are codified in
Texas Natural Resource Conservation Commission (TNRCC) Regulation V (30
TAC Chapter 115), Control of Air Pollution from Volatile Organic
Compounds, Subchapter G, Consumer-Related Products. The current SIP-
approved regulations were adopted by the State on May 4, 1994; December
6, 1995; February 14, 1996; and July 24, 1996; and approved by EPA on
May 22, 1997 (62 FR 27964), at 52.2270(c)(104), and January 26, 1999
(64 FR 3841), at 52.2270(c)(105). The current Texas SIP-approved
consumer products regulations are available for public inspection by
selecting ``Texas'' and ``TX Chap 115 (Reg 5)'' and ``Subchapter G--
Consumer-Related Sources'' and ``TX sections 115.600-115.619: CONSUMER
PRODUCTS'' at the following web site: http://www.epa.gov/earth1r6/6pd/
air/sip/sip.htm
On September 15, 1998, the Governor of Texas submitted to EPA
revisions to subchapter G, section 115.600, Definitions, adopted by
TNRCC on August 26, 1998. The amendments added language to the
definition of ``crawling bug insecticide'' to differentiate a ``house
dust mite'' from other crawling bugs and a ``house dust mite product''
from crawling bug insecticides in order to exclude a new type of
insecticide designed to kill house dust mites from the VOC limitation
applicable to other crawling bug insecticides. The insecticide
formulation necessary to kill house dust mites requires that the VOC
content exceed the 40 percent-by-weight concentration limitation for
crawling bug insecticides specified in section 115.612(a) of subchapter
G of the State regulation and in 40 CFR 59.203 of the Federal
regulations. The amended definition of ``crawling bug insecticide'' is
consistent with the Federal definition of ``crawling bug insecticide''
promulgated September 11, 1998 (63 FR 48831), and codified in 40 CFR
59.202. This amended rule permits the sale of such products in Texas.
This amendment benefits the public by expanding the markets for the
sale of dust mite insecticides in Texas and the resulting benefits to
consumers and users from control of insects by these insecticides.
The TNRCC also deleted the definition of the term ``device''
approved by EPA in the May 22, 1997 (62 FR 27964), Federal Register
action. This is consistent with the definitions in the Federal consumer
products regulations in 40 CFR 59.202 which does not have a definition
of ``device.''
The amendments also make acceptable editorial changes to the
definitions of ``consumer product,'' ``disinfectant,'' ``medium
volatility organic compound (MVOC),'' ``percent-by-weight,'' and
``restricted materials.'' The amendments also assign numbers to the
individual definitions.
II. Final Action
The EPA is approving revisions to section 115.600 of TNRCC
Regulation V (30 TAC Chapter 115) adopted by TNRCC August 26, 1998, and
submitted by the Governor on September 15, 1998.
The EPA is publishing this rule without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if adverse comments
are received. This rule will be effective on January 11, 2000 without
further notice unless we receive adverse comment by December 13, 1999.
If EPA receives adverse comments, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect. We will address all public comments in a subsequent final
rule based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
III. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866, entitled ``Regulatory Planning and
Review.''
B. Executive Orders on Federalism
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide to the OMB a description
of the extent of EPA's prior consultation with representatives of
affected State, local and tribal governments, the nature of their
concerns, copies of any written communications from the governments,
and a statement supporting the need to issue the regulation. In
addition, E.O. 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's rule does not create a mandate on State, local, or tribal
governments. The rule does not impose any enforceable rules on any of
these entities. This action does not create any new requirements but
simply approves requirements that the State is already imposing.
Accordingly, the requirements of section 1(a) of E.O. 12875 do not
apply to this rule.
On August 4, 1999, President Clinton issued a new E.O. on
federalism, E.O. 13132 (64 FR 43255, August 10, 1999), which will take
effect on November 2, 1999. In the interim, the current E.O. 12612 (52
FR 41685, October 30, 1987), on federalism still applies. This rule
will not have a substantial direct effect on 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 E.O. 12612. The rule affects only one
State, and does not alter the relationship or the distribution of power
and responsibilities established in Federal Clean Air Act (the Act).
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) is determined to be ``economically
significant'' as defined under E.O. 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If
[[Page 61525]]
the regulatory action meets both criteria, the Agency must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This final rule is not subject to E.O. 13045
because it approves a State program.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. Small entities
include small businesses, small not-for-profit enterprises, and small
governmental jurisdictions. This final rule will not have a significant
impact on a substantial number of small entities because SIP approvals
under section 110 and subchapter I, part D of the Act do not create any
new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Act, preparation of a flexibility analysis would constitute Federal
inquiry into the economic reasonableness of state action. The Act
forbids EPA to base its actions concerning SIPs on such grounds. See
Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.
7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated annual costs to State,
local, or tribal governments in the aggregate; or to private sector, of
$100 million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated annual costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
G. Submission to Congress and the Comptroller General
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. The 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 can
not 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). This rule will be effective January 11, 2000.
H. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 11, 2000. 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, Hydrocarbons,
Intergovernmental relations, Reporting and recordkeeping requirements,
Volatile organic compounds.
Dated: October 27, 1999.
Myron O. Knudson,
Acting Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
2. In Sec. 52.2270(c), the first table is amended by revising the
entry for sections 115.600 to 115.619 to read as follows:
Sec. 52.2270 Identification of plan.
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(c) EPA approved regulations.
[[Page 61526]]
EPA Approved Regulations in the Texas SIP
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State EPA
State citation Title/subject adoption approval Explanation
date date
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Chapter 115 (Reg 5)--Control of Air Pollution from Volatile Organic Compounds
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Subchapter G--Consumer-Related Sources
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Section 115.600 to 115.619.......... Consumer Products...... 08/26/98 11/12/99
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[FR Doc. 99-29299 Filed 11-10-99; 8:45 am]
BILLING CODE 6560-50-P
