[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Proposed Rules]
[Pages 15264-15268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7198]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Chapter I
[AD-FRL-5177-3]
RIN 2060-AE24
Consumer and Commercial Products: Schedule for Regulation
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Notice of the consumer and commercial product category list and
schedule for regulation.
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SUMMARY: This notice publishes a list of consumer and commercial
products identified for possible regulation and a schedule for the
promulgation of such regulations. Under section 183(e) of the Clean Air
Act (CAA), the EPA is required to conduct a study of volatile organic
compounds (VOC) emissions from the use of consumer and commercial
products to assess their potential to contribute to violations of the
national ambient air quality standard (NAAQS) for ozone, and to
establish criteria for products subject to regulation under that
section. Upon completion of the study, the EPA is required to submit a
Report to Congress documenting the results of the study. Under section
183(e), the EPA is required to list and schedule for regulation those
categories of products that the Administrator determines account for at
least 80 percent of the total VOC emissions, on a reactivity-adjusted
basis, from consumer and commercial products in areas classified as
nonattainment for ozone. The consumer and commercial product list and
schedule for regulation published in today's notice meets this
obligation.
Although today's notice identifies consumer and commercial products
that potentially could be regulated, this list and schedule may be
amended as further information becomes available or is submitted to the
EPA. The public will have an opportunity to comment on the listing and
possible regulation of a particular product at the time the EPA
proposes to regulate that particular product. Thus, today's action does
not represent final agency action. Final agency action occurs upon
publication of a final regulation for each product.
ADDRESSES: Docket. Docket No. A-94-65 contains information considered
by the EPA in development of the consumer and commercial products study
and subsequent schedule for regulation. In addition, the public may
submit to the docket information or comments regarding today's notice
and the Report to Congress. The docket is available for public
inspection and photocopying between 8 a.m. and 5:30 p.m. Monday through
Friday at the EPA's Air and Radiation Docket and Information Center
(6102), room M-1500, Waterside Mall, 401 M Street, SW., Washington, DC
20460. The telephone number is (202) 260-7548 and the facsimile number
is (202) 260-4400. A reasonable fee may be charged for copying docket
materials.
Report to Congress. The Consumer and Commercial Product Report to
Congress is available from Docket No. A-94-65 at the above address or
from the Office of Air Quality Planning and Standards (OAQPS)
Technology Transfer Network (TTN) which is a network of electronic
bulletin boards operated by the EPA. The service is free, except for
the cost of the telephone call. The modem telephone number is (919)
541-5742. The modem provides up to a 14,400 baud connection. If more
information on the TTN is needed, call the HELP line at (919) 541-5384.
FOR FURTHER INFORMATION CONTACT: For information concerning the Report
to Congress and schedule for regulation, contact Mr. Bruce Moore,
Coatings and Consumer Products Group, Emission Standards Division (MD-
13), U.S. Environmental Protection Agency, Research Triangle Park,
North Carolina 27711, telephone number (919) 541-5460.
SUPPLEMENTARY INFORMATION:
I. Background
This notice describes the EPA's initial efforts to respond to
requirements of Section 183(e) of the CAA and to a court order. These
efforts also respond to concerns expressed by representatives of State
and local air pollution control agencies and by consumer products
industry representatives. The persistence of the ground-level ozone
problem has caused State and local air pollution agencies to seek
emission reductions beyond those which have been obtained through
regulation of the conventional mobile and stationary sources of
emissions. As a result, several agencies are adopting rules to regulate
various household consumer products. Representatives of the consumer
products industry have expressed concern that differences in State and
local requirements for consumer products could disrupt the national
distribution network for consumer products and has urged the EPA to
issue rules for consumer products to provide consistency across the
country. States who need emission reductions are also supportive of an
EPA rulemaking which will assist them in their efforts toward
achievement of ozone attainment.
In response to these concerns, the EPA consulted with consumer
product manufacturers and other interested parties to determine which
products would be the most amenable to an expedited regulation that
could achieve significant VOC emission reductions without significant
effects on consumer satisfaction or price of the products. Industry
representatives identified a group of consumer products that meet these
criteria and proposed to EPA emission requirements for them that have
already been achieved in California (see Section III.C). High quality
products meeting these standards are being sold in California with no
significant effect on consumer prices. The EPA plans to propose the
rule covering these products as part of the first group of categories
listed for regulation.
The relevant statutory provision is contained in Section 183(e) of
the CAA. Through this provision, Congress required the EPA to conduct a
study of emissions of VOC into the ambient air from consumer and
commercial products. The term ``consumer and [[Page 15265]] commercial
products'' is defined to mean:
* * * any substance, product (including paints, coatings, and
solvents), or article (including any containers or packaging) held
by any person, the use, consumption, storage, disposal, destruction,
or decomposition of which may result in the release of volatile
organic compounds * * *
The statutory definition of consumer and commercial products includes a
much broader array of products than those usually considered to be
consumer products (e.g., personal care products, household cleaning
products, or household pesticides). The statutory definition of
consumer and commercial products encompasses all VOC-emitting products
used in the home, by businesses, by institutions, and in a wide range
of industrial manufacturing operations.
The stated objectives of the study are (1) to determine the
potential of VOC emissions into the ambient air from consumer and
commercial products to contribute to ozone levels which violate the
NAAQS for ozone; and (2) to establish criteria for regulating consumer
and commercial products.
Upon completion of the study, the EPA is required to submit a
Report to Congress that documents the results of the study. The study
and Report to Congress required under Section 183(e) are described in
section II of this notice.
In establishing criteria for regulating products, the Administrator
is directed to consider the following: the uses, benefits, and
commercial demand of products; the health or safety functions served by
such products; whether products emit highly reactive VOC into the
ambient air; the cost-effectiveness of controls; and the availability
of alternatives which are of comparable costs, considering health,
safety, and environmental impacts. The development and application of
criteria, and the resultant ranking of products based on these and
other considerations, are described in sections III.B and III.C of this
notice.
Upon completion of the study and submission of the Report to
Congress, the EPA is required to list those categories of products that
are determined, based on the study, to account for at least 80 percent
of the total VOC emissions, on a reactivity-adjusted basis, from
consumer and commercial products in areas that violate the NAAQS for
ozone. The EPA is required to divide the list into four groups
establishing priority for regulation. Every 2 years following
publication of the list, the EPA is required to regulate one group
until all four groups are regulated. The consumer and commercial
product list and schedule for regulation is presented in section III.C
of this notice.
As noted earlier, the EPA is presenting this list and schedule at
this time as required by the CAA and court order. However, the EPA may
amend the schedule and the products listed in particular groups as
further information becomes available. For example, as one of the
considerations specifically noted by Congress in section
183(e)(2)(B)(iv), cost-effectiveness of control is an important factor,
and one for which the EPA had relatively limited information. In moving
forward to develop specific regulations, the EPA will evaluate new
information on cost-effectiveness as well as the other criteria and
may, in the process, reassess the product listing and schedule.
II. Study and Report to Congress
A. Intent and Structure
The primary intent of the study and Report to Congress is to meet
the objectives of section 183(e) of the CAA which requires EPA to
inform members of Congress, and other interested parties, of relevant
issues surrounding VOC emissions from the use, consumption, storage,
disposal, destruction, or decomposition of consumer and commercial
products. The study examines the potential of VOC emissions from
consumer and commercial products to contribute to ozone nonattainment;
documents the development of a reliable and comprehensive emissions
inventory; identifies and evaluates opportunities for achieving
emission reductions; examines the fate of consumer and commercial
product-related VOC in wastewater and in landfills; evaluates the use
of various systems of regulation, including economic incentives; and
provides supporting rationale for the establishment of criteria for
prioritizing products for regulation.
The study is composed of six volumes, including:
(1) Report to Congress (EPA-453/R-94-066-a)
(2) Comprehensive Emissions Inventory (EPA-453/R-94-066-b)
(3) Fate of Consumer Product VOC in Landfills (EPA-453/R-94-066-c)
(4) Fate of Consumer Product VOC in Wastewater (EPA-453/R-94-066-d)
(5) Economic Incentives to Reduce VOC Emissions from Consumer and
Commercial Products (EPA-453/R-94-066-e)
(6) Aerosol Products and Packaging Systems (EPA-453/R-94-066-f)
B. Findings of the Consumer and Commercial Products Study
The Report to Congress highlights the following key findings of the
study:
1. The scope of consumer and commercial products subject to section
183(e) is very broad and includes not only household consumer products
but many products used commercially and in industrial manufacturing
operations. This vast universe of products ranges from underarm
antiperspirants and deodorants to coatings used in the manufacture of
automobiles.
2. Consumer and commercial products, while individually small
sources of VOC emissions, contribute significantly to the ozone
nonattainment problem. In 1990, consumer and commercial products
emitted approximately 6 million tons of VOC nationwide, or about 28
percent of all man-made VOC.
3. Opportunities exist for VOC emission reductions from consumer
and commercial products through product reformulation, substitution,
repackaging, and other control measures. With regard to consumer
products, California and other States have issued regulations which
limit the VOC content of approximately two dozen categories of
products. These regulations were developed over several years with
extensive interaction with the consumer products industry. The EPA has
estimated that the VOC content limitations imposed by the State
regulations, if applied nationwide, may result in an overall VOC
reduction of approximately 25 percent from the 1990 baseline for those
categories.
4. In developing control measures for consumer products, emission
reductions must be balanced with product efficacy, consumer acceptance,
and economic impacts.
5. A number of systems can be employed to implement the various
control measures available under Section 183(e). These include product
registration, labeling, self-monitoring, reporting, prohibitions,
limitations, and economic incentives.
6. Under section 183(e)(3)(C), the EPA may issue control techniques
guidelines (CTG) in lieu of regulations where the Administrator
determines that the CTG will be substantially as effective in reducing
VOC emissions in nonattainment areas. In many cases, CTG can be
effective regulatory approaches to reduce emissions of VOC in
nonattainment areas--with the advantage of not imposing control costs
on attainment areas. For example, in the case of small volume consumer
products that are widely used (e.g., [[Page 15266]] personal care
products), a CTG might not be effective at reducing VOC emissions
because of difficulties in enforcement. However, for other cases (and
for a potentially large share of nonattainment area VOC emission
sources), enforcement and compliance may be effectively focused at the
source of the VOC emissions, be it the point of manufacture, the point
of end-use, or both. For example, VOC emissions from commercial
products used in industrial settings could be controlled effectively
with a CTG that targeted emissions at the point of end-use, as the
population of end-users is likely to be readily identifiable.
7. Economic incentive programs appear to be viable alternatives to
traditional strategies to reduce VOC emissions from consumer and
commercial products. Certainty of emission reductions, minimization of
control and/or implementation costs, technological innovation, and
flexibility afforded by the program are all objectives which should be
considered in selecting a strategy. The best regulatory approach for
consumer and commercial products depends upon the particular universe
of products being regulated and the priority of objectives.
8. Ideally, ozone control strategies should be based not only on
mass VOC and NOX emissions but also on the relative photochemical
reactivity of individual species, the VOC-to-NOX ratios prevalent
in specific airsheds, and other factors which could work together to
minimize the formation of ozone with minimum adverse impacts. However,
reactivity data on VOC, especially those compounds used to formulate
consumer and commercial products, are extremely limited. Better data,
which can be obtained only at great expense, are needed if the EPA is
to consider relative photochemical reactivity in development of
regulations. In the meantime, a practical approach is to make
regulatory determinations on the basis of mass VOC emissions.
The EPA considered reactivity to a limited extent, however, in
prioritizing consumer and commercial product categories for regulation.
In an effort to meet the requirements of section 183(e), and being
aware of the limitations and uncertainties surrounding the reactivity
issue, the EPA employed available information on reactivity to (1)
consider those products which emit ``highly-reactive'' compounds; and
(2) adjust mass VOC emission estimates to account for relative
reactivity of product ingredients. The EPA's methodology for this
limited application of reactivity is discussed in detail in the Report
to Congress.
9. A widely held misconception is that most aerosol products employ
chlorofluorocarbons (CFC) as propellants and contribute to
stratospheric ozone depletion. In 1978, the EPA banned the use of CFC
in virtually all aerosol products, the exceptions being medical
products, military specification products, and aviation products.
Hydrocarbons (propane, butane, and isobutane), which are VOC, are
currently the predominant propellant compounds. Aerosol products
function as systems composed of the product, the propellant, the valve,
and the container. Hydrocarbon propellants not only expel the product
from the container but serve as diluents in the product formulation.
III. Consumer and Commercial Product Schedule for Regulation
A. Criteria for Regulating Products Under Section 183(e)
Although the EPA has discretion to determine which products are
considered to account for 80 percent of VOC emissions, as a preliminary
step, the EPA relied on numerical rankings to ensure that the highest
priority products would be regulated. Section 183(e)(2)(B) of the CAA
instructs the EPA to develop criteria for prioritizing consumer and
commercial products for regulation. In establishing these criteria, the
EPA is required to consider the following factors:
(1) Uses, benefits, and commercial demand,
(2) Health and safety functions,
(3) Products which emit highly reactive VOC,
(4) Cost-effectiveness of control, and
(5) Availability of alternatives.
The following eight criteria for ranking consumer and commercial
products were developed:
(1) Utility,
(2) Commercial demand,
(3) Health and safety functions,
(4) Emissions of highly reactive VOC,
(5) Availability of alternatives,
(6) Cost-effectiveness of controls,
(7) Magnitude of annual VOC emissions, and
(8) Regulatory efficiency and program considerations.
Criterion 1 (Utility) considers uses and benefits, and commercial
demand is addressed by Criterion 2. The remaining four factors are
addressed individually by Criteria 3 through 6. Criteria 7 and 8
(magnitude of emissions and regulatory efficiency) reflect additional
considerations not specifically prescribed in the CAA. The EPA has
exercised its discretion to include these criteria, as the EPA believes
they are important in prioritizing product categories for regulation.
The EPA's interpretation of each of the five factors and the rationale
and intent of each of the eight criteria are discussed in detail in the
Report to Congress.
B. Preliminary Ranking of Product Categories
Criteria 1 through 7 were developed such that each product category
could be evaluated numerically by assigning a score of 1 to 5 for each
of the criteria, with a higher score indicating a higher priority for
regulation.
The preliminary ranking was based on numerical scoring of criteria
1 through 7 for each product category. This process involved objective
and subjective considerations. Criteria 2, 4, 6, and 7 are objective in
nature and could be scored quantitatively based on annual sales, VOC
emissions, and cost of control. Exercise of Criteria 1, 3, and 5 may
include some subjective considerations. Scoring of these criteria could
be affected by one's background, knowledge of the category, or other
factors. In order to ensure consistency and fairness, an independent
panel was convened to assist the EPA in application of these criteria.
The National Air Pollution Control Techniques Advisory Committee
(NAPCTAC), established in 1968 by the Surgeon General, is an advisory
group which has provided, and continues to provide, the EPA with
independent views on EPA actions related to the air program. The
NAPCTAC consists of the Director, Office of Air Quality Planning and
Standards, or his designee, as chairperson and 11 members appointed by
the EPA's Deputy Administrator. Members are selected from industry,
State and local agencies, public interest groups, and academia.
Because of the balance afforded by the diversity of such a group,
the NAPCTAC was considered a convenient choice for the panel.
Accordingly, the panel was convened in July 1994 in Durham, North
Carolina, for the purpose of assigning preliminary scores for Criteria
1 through 7 to each of the product categories. Results of the
preliminary scoring exercise are available in the docket.
C. Application of Criterion Eight: Regulatory Efficiency and Program
Considerations
Once the initial ranking of products based on exercise of Criteria
1 through 7 was completed, the EPA exercised Criterion 8, regulatory
efficiency and program considerations, to identify which products
should be considered to account for 80 percent of VOC
[[Page 15267]] emissions and prioritized in the schedule for
regulation.
As required by section 183(e), the EPA grouped the listed
categories of consumer and commercial products into four groups, one of
which will be regulated every 2 years. Although the statute does not
require that the 80 percent be divided into four equal groups, the EPA
placed product categories into the four groups listed in Table 1 as
equally as possible for purposes of workload management. The EPA also
attempted to reduce emissions as early as possible, given these
workload considerations. Nearly two-thirds of the emissions from
consumer and commercial products are addressed by the first two groups
of categories.
Table 1.--Consumer and Commercial Products Schedule for Regulations
------------------------------------------------------------------------
Schedule for
regulation Emissions Mg/yr
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Group I:
Consumer products (24
categories)a................. 1997 301,347
Shipbuilding and repair
coatings..................... 1997 23,302
Aerospace coatings............ 1997 165,892
Architectural coatings........ 1997 362,454
Autobody refinishing coatings. 1997 85,509
Aerosol spray paints.......... 1997 58,521
Wood furniture coatings....... 1997 88,109
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1,085,134
Group II:
Lithographic printing
materials.................... 1999 545,454
Industrial cleaning solvents.. 1999 232,890
Flexible package printing
materials.................... 1999 136,364
Flat wood paneling coatings... 1999 19,618
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934,326
Group III:
Miscellaneous metal products
coatings..................... 2001 198,545
Large appliance coatings...... 2001 22,994
Fiberglass boat manufacturing
materials.................... 2001 11,000
Miscellaneous industrial
adhesives.................... 2001 185,175
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417,714
Group IV:
Paper, film, and foil coatings 2003 92,064
Letterpress printing materials 2003 25,636
Plastic parts coatings........ 2003 20,000
Metal furniture coatings...... 2003 97,220
Auto and light truck assembly
coatings..................... 2003 68,182
Petroleum drycleaning solvents 2003 49,091
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352,193
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Emissions addressed by
schedule..................... ................. 2,789,367
Percentage of total (3,481,804
Mg/yr)....................... ................. 80.1
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aProduct categories included in ``Consumer products (24 categories)''
grouping:
Aerosol cooking sprays
Air fresheners
Auto windshield washer fluids
Bathroom and tile cleaners
Carburetor and choke cleaners
Charcoal lighter materials
Dusting aids
Engine degreasers
Fabric protectants
Floor waxes and polishes
Furniture maintenance products
General purpose cleaners
Glass cleaners
Hair sprays
Hair mousses
Hair styling gels
Household adhesives
Nonagricultural insecticides
Laundry prewash treatments
Laundry starch products
Nail polish removers
Oven cleaners
Shaving creams
Underarm antiperspirants and deodorants
[[Page 15268]]
Group I includes product categories some of which have regulatory
activities (rules or guidelines) already underway. The remaining
categories are divided among Groups II, III, and IV according to
numerical rank. ``Consumer products (24 categories)'' represent an
aggregation of two dozen individual household, personal care, and
automotive products which are currently regulated in one or more
States. They are products used in home, office, institutional, or
similar settings. In order to achieve VOC reductions required under
their State Implementation Plan (SIP), many States have declared
intentions to develop rules to reduce VOC emissions from these
particular categories as part of their attainment plans. The EPA has
scheduled these categories for regulation as part of Group I.
With one exception, all the other categories in Group I received
relatively high numerical scores in the preliminary ranking. The one
exception is shipbuilding and repair coatings, which are included in
Group I despite a lower numerical score because a CTG for this category
is currently under development pursuant to section 183(a) of the CAA.
Under section 183(e)(3)(C), the Administrator may issue CTG in lieu of
regulations if it is determined that a CTG will be substantially as
effective in reducing VOC emissions. As a CTG is developed, the EPA
will assess the projected emission reductions to make this
determination. The EPA believes that the issuance of a CTG for
shipbuilding and repair coatings to satisfy the requirements of both
sections 183(a) and 183(e) would promote regulatory efficiency. Two
other categories in Group I for which CTG are being developed are
aerospace coatings and wood furniture coatings. As with the
shipbuilding and repair coatings CTG, determinations will be made as to
whether these CTG satisfy the requirements of section 183(e)(3)(c).
While the regulatory schedule presented in today's notice includes
product categories that account for 80 percent of VOC emissions in
nonattainment areas, as directed in the CAA, the EPA recognizes that
the list of product categories included may need to be amended as
regulatory development proceeds or as new information becomes
available.
As individual products and categories are further assessed and
comments are submitted during the rulemaking process, the EPA's
evaluation of the criteria as applied to each category may change. For
example, Criterion 6, cost-effectiveness of controls, reflects the
emphasis Congress placed on identifying ``(t)hose consumer and
commercial products which are subject to the most cost-effective
controls.'' (Section 183(e)(2)(B)(iv)). However, the EPA had relatively
limited data on the cost-effectiveness of control for most products. As
the EPA moves forward in implementing the emission limitations required
by section 183(e), it will reevaluate and reassess the ranking and
schedule for regulation based on additional information developed on
cost-effectiveness.
As a result, categories may be removed from the list, and remaining
unlisted categories may be considered for listing. Table 2 shows
significant categories within the scope of section 183(e) which are not
being listed at this time for regulation. Any changes made to the
consumer and commercial products regulatory schedule will be published
in the Federal Register.
Table 2.--Significant Categories Outside 80 Percent
------------------------------------------------------------------------
Baseline
emissions
(Mg/yr)
------------------------------------------------------------------------
Agricultural pesticides..................................... 25,050
Rotogravure publication printing materials.................. 18,182
Nonautomotive paint thinners................................ 9,055
Cutback asphalt paving materials............................ 116,727
Synthetic fiber spinning solvents........................... 42,000
Metal cleaning (degreasing) solvents........................ 32,727
Fabric printing, coating, and dyeing materials.............. 42,000
Metal can coatings.......................................... 40,909
Tire manufacturing cements.................................. 24,000
Magnetic tape coatings...................................... 5,000
Metal coil coatings......................................... 19,636
Roofing materials........................................... 16,840
Magnet wire coatings........................................ 7,407
Mold release agents......................................... 68,545
Remaining consumer products................................. 154,714
------------------------------------------------------------------------
IV. Administrative Requirements
A. Docket
The docket is an organized file of information considered by the
EPA in the development of an action. Although this action is not a
rulemaking, a docket has been established for the consumer and
commercial product study and subsequent product category list and
schedule for regulation. The docket number is A-94-65. The purpose of
this docket is to allow interested parties a means to access relevant
documents not otherwise available. In addition, the public may submit
to the docket information or comments regarding today's notice and the
Report to Congress. The docket may be inspected at the EPA's Air and
Radiation Docket and Information Center, listed in the ADDRESSES
section of this notice.
B. Regulatory Requirements
1. General
Because today's notice is not a rulemaking, the EPA has not
prepared an assessment of the potential costs and benefits pursuant to
Executive Order 12866, nor an economic impact analysis pursuant to
section 317, nor a regulatory flexibility analysis pursuant to the
Regulatory Flexibility Act (Pub. L. 96-354, September 19, 1980). Also,
this notice is not subject to the Paperwork Reduction Act of 1990, 44
U.S.C. 3501 et seq.
2. Executive Order and Office of Management and Budget Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether regulatory actions are significant and therefore
subject to Office of Management and Budget (OMB) review and the
requirements of the Executive Order. The Order defines ``significant
regulatory action'' as one that is likely to lead to a rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely and materially affect a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities or the principles set forth in the
Executive Order.
Pursuant to the terms of the Executive Order, OMB has notified the
EPA that it considers this a ``significant regulatory action'' within
the meaning of the Executive Order because it is likely to lead to
rules which may meet one or more of the criteria. The EPA has submitted
this action to OMB for review. Changes made in response to OMB
suggestions or recommendations will be documented in the public record.
Dated: March 15, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-7198 Filed 3-22-95; 8:45 am]
BILLING CODE 6560-50-P