[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Rules and Regulations]
[Pages 48819-48847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22660]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 59

[AD-FRL-6149-8]
RIN 2060-AF62


National Volatile Organic Compound Emission Standards for 
Consumer Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This action promulgates national volatile organic compound 
(VOC) emission standards for certain categories of consumer products 
pursuant to section 183(e) of the Clean Air Act (Act). This final rule 
is based on the Administrator's determination that VOC emissions from 
the use of consumer products can cause or contribute to ozone levels 
that violate the national ambient air quality standards (NAAQS) for 
ozone. Ozone is a major component of smog which causes negative health 
and environmental impacts when present in high concentrations at ground 
level. The final rule is estimated to reduce VOC emissions by 90,000 
tons per year (tpy) by requiring manufacturers, importers, and 
distributors to limit the VOC content of consumer products. the EPA 
developed these requirements in consultation with major stakeholders 
and these requirements are similar to existing standards in certain 
States. To date, many companies have taken steps to reformulate their 
products to emit less VOC.

EFFECTIVE DATE: The effective date is September 11, 1998. The 
incorporation by reference of certain publications listed in the 
regulation is approved by the Director of the Federal Register as of 
September 11, 1998.

ADDRESSES: Background Information Document. The background information 
document (BID) for the promulgated consumer product standards (referred 
to as the ``CP-BID'') may be obtained from the docket for this 
rulemaking and is also available for downloading from the Technology 
Transfer Network (TTN) at ``http://www.epa.gov/ttn/oarpg/ramain.html,'' 
or from the United States Environmental Protection Agency Library (MD-
35), Research Triangle Park, North Carolina 27711, telephone (919) 541-
2777. Please refer to ``National Volatile Organic Compound Emission 
Standards for Consumer Products--Background for Promulgated Standards'' 
(EPA Document Number 453/R-98-008B). The CP-BID contains a summary of 
the changes made to the standards since proposal, a summary of all the 
public comments made on the standards, and EPA's responses to the 
comments.
    Docket. Docket No. A-95-40, containing supporting information used 
in developing the promulgated standards, is available for public 
inspection and copying from 8:00 a.m. to 5:30 p.m. Monday through 
Friday, at the EPA's Air and Radiation Docket and Information Center, 
Waterside Mall, Room M-1500, Ground Floor, 401 M Street, SW, 
Washington, DC 20460. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT:
Mr. Bruce Moore at (919) 541-5460, Coatings and Consumer Products 
Group, Emission Standards Division (MD-13), United States Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711 
([email protected]).

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Regulated categories and entities include:

[[Page 48820]]



------------------------------------------------------------------------
               Category                  Examples of regulated entities 
------------------------------------------------------------------------
Industry.............................  Manufacturers, distributors, or  
                                        importers of consumer products  
                                        that are listed in tables 1-3   
                                        and that are manufactured for   
                                        sale or distribution in the     
                                        United States, including all    
                                        United States territories.      
Federal government...................  Not affected.                    
State/local/tribal government........  Not affected.                    
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that the EPA is now 
aware could potentially be regulated by this action. To determine 
whether you are regulated by this action, you should carefully examine 
the applicability criteria in Section 59.201 of the final rule. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    Judicial review. The EPA proposed this section 183(e) rule for 
consumer products on April 2, 1996 (61 FR 14531). This notice 
promulgating a rule for consumer products constitutes final 
administrative action concerning that proposal. Under section 307(b)(1) 
of the Act, judicial review of this final rule is available only by 
filing a petition for review in the United States Court of Appeals for 
the District of Columbia Circuit by November 10, 1998. Under section 
307(d)(7)(B) of the Act, only an objection to this rule which was 
raised with reasonable specificity during the period for public comment 
can be raised during judicial review. Moreover, under section 307(b)(2) 
of the Act, the requirements established by today's final action may 
not be challenged separately in any civil or criminal proceeding 
brought by the EPA to enforce these requirements.
    Technology Transfer Network. The TTN is one of the EPA's technical 
web sites. The TTN provides information and technology exchange in 
various areas of air pollution control, including copies of this rule 
and supporting documents. The TTN is free and is accessible through the 
Internet at ``http://www.epa.gov/ttn/oarpg/ramain.html'' For more 
information on the TTN, call the HELP line at (919) 541-5384.
    Outline. The following outline is provided to aid in reading this 
preamble to the final rule.

I. Purpose and Summary of the Standards
    A. Purpose of Regulation
    1. Ground-level ozone
    2. Consumer products regulation
    3. Background on section 183(e)
    B. Summary of the Standards
II. Summary of Considerations in Developing the Rule
    A. Technical Basis of Regulation
    B. Stakeholder and Public Participation
III. Summary of Impacts
    A. Volatile Organic Compound Reductions
    B. Secondary Air, Water, and Solid Waste Impacts
    C. Energy Impacts
    D. Economic Impact Analysis
IV. Significant Comments and Changes to the Proposed Rule
    A. Changes to the Proposed Rule
    1. Definition of regulated entity
    2. Definition of United States
    3. Variances
    4. Recordkeeping and reporting requirements
    5. Administrative provisions
    B. Significant Comments for Which No Rule Changes Were Made
    1. Cost-effectiveness
    2. Other systems of regulation
    3. Use of control techniques guidelines in lieu of a national 
rule
    4. Regulation of only a subset of consumer products
V. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Executive Order 12875
    E. Regulatory Flexibility Act
    F. Submission to Congress and the Comptroller General
    G. Unfunded Mandates Act of 1995
    H. National Technology Transfer and Advancement Act
    I. Applicability of Executive Order 13045

I. Purpose and Summary of the Standards

A. Purpose of Regulation

1. Ground-level Ozone
    Ground-level ozone, which is a major component of ``smog,'' is 
formed in the atmosphere by reactions of VOC and oxides of nitrogen 
(NOX) in the presence of sunlight. The formation of ground-
level ozone is a complex process that is affected by many variables.
    Exposure to ground-level ozone is associated with a wide variety of 
human health effects, agricultural crop loss, and damage to forests and 
ecosystems. Acute health effects are induced by short-term exposures to 
ozone (observed at concentrations as low as 0.12 parts per million 
(ppm)), generally while individuals are engaged in moderate or heavy 
exertion, and by prolonged exposures to ozone (observed at 
concentrations as low as 0.08 ppm), typically while individuals are 
engaged in moderate exertion. Moderate exertion levels are more 
frequently experienced by individuals than heavy exertion levels. The 
acute health effects include transient pulmonary function responses, 
transient respiratory symptoms, effects on exercise performance, 
increased sensitivity of airways to irritants, increased susceptibility 
to respiratory infection, increased hospital admissions and emergency 
room visits, and transient pulmonary inflammation. Groups at increased 
risk of experiencing such effects include active children, outdoor 
workers, and others who regularly engage in outdoor activities and 
individuals with preexisting respiratory disease.
2. Consumer Products Regulation
    Emissions of VOC from the use of consumer products are not 
currently regulated at the Federal level. However, eight States 
(California, Connecticut, Massachusetts, New Jersey, New York, Oregon, 
Rhode Island, and Texas) are currently enforcing VOC standards for 
various categories of consumer products. All of these State rules 
address at least some of the products covered by this rule. 
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. They have, therefore, urged the EPA to issue rules for 
consumer products to encourage consistency across the country. Many 
States with ozone pollution problems are also supportive of an EPA 
rulemaking that will assist them in their efforts toward achievement of 
ozone attainment. At least 13 States have included anticipated 
reductions from the Federal consumer products rule as part of their 
State implementation plans to reduce their State's overall VOC 
emissions.
    In response to these concerns, the EPA listed for regulation the 24 
categories of household consumer products addressed by this rule. The 
standards establish VOC content limits for these 24 categories of 
consumer products. The existence of a national rule is not meant to 
imply that it would

[[Page 48821]]

be inappropriate for States to develop more stringent levels of 
controls, or maintain more stringent controls already in place, where 
necessary, to attain the ozone standard. Instead, the national standard 
is expected to reduce the number of States needing to develop new, 
separate rules for these categories.
3. Background on Section 183(e)
    Section 183(e) of the Act mandates a new regulatory program for 
controlling VOC emissions. Through this provision, Congress required 
the EPA to conduct a study of emissions of VOC into the ambient air 
from consumer and commercial products and to list for regulation, based 
on the study, categories of products that have the potential to 
contribute to ozone nonattainment.
    In accordance with section 183(e) of the Act, the Administrator has 
determined that VOC emissions from the use of consumer products have 
the potential to contribute to ozone levels that violate the NAAQS for 
ozone. The EPA and many States consider the regulation of consumer 
products to be an important component of the overall approach to 
reducing those emissions that contribute to nonattainment. The EPA's 
determination that VOC emissions from the use of consumer products have 
the potential to contribute to nonattainment of the ozone NAAQS and the 
decision to regulate consumer products were discussed in the preamble 
to the proposed rule (61 FR 32729), in the Report to Congress on 
Consumer and Commercial Products (Docket No. A-95-40, Item No., II-A-
1), and in the Federal Register notice announcing the schedule for 
regulation (60 FR 15264).
    A separate document in today's Federal Register contains the final 
notice that lists consumer products for regulation under section 
183(e). The document describes section 183(e) of the Act and provides a 
summary of public comments and the EPA responses regarding the Report 
to Congress and the list and schedule for regulation.

B. Summary of the Standards

    The final rule applies to manufacturers, importers, and 
distributors of subject consumer products manufactured for sale or 
distribution in the United States, including the District of Columbia 
and all United States territories. The regulated entity in each case is 
the manufacturer, distributor, or importer named on the label of the 
regulated consumer product. If the product is manufactured by a company 
not named on the label of the product, the manufacturer of the product 
is also a regulated entity for purposes of compliance with the VOC 
content or emission limits. The VOC content limits for all product 
categories except charcoal lighter material are presented in tables 1 
and 2, and the VOC emission limit for charcoal lighter material is 
presented in table 3 of this preamble. The VOC content limits presented 
in tables 1 and 2 and the VOC emission limit presented in table 3 must 
be achieved by December 10, 1998 for all products that are not 
registered under the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136-136y) (FIFRA). Because of the time needed for 
registration of new or reformulated products under FIFRA, the 
compliance date for FIFRA-regulated products is 1 year later than that 
for non-FIFRA-regulated products. Accordingly, for those consumer 
products that are subject to FIFRA, the VOC content limits must be 
achieved by December 10, 1999.

 Table 1 of Subpart C.--Product Category Table of Standards: VOC Content
                                 Limits                                 
------------------------------------------------------------------------
                                                            VOC content 
                    Product category                      limit (weight-
                                                           percent VOC) 
------------------------------------------------------------------------
Air fresheners:                                                         
    Single-phase........................................              70
    Double-phase........................................              30
    Liquids/pump sprays.................................              18
    Solids/gels.........................................               3
Automotive windshield washer fluid                                    35
Bathroom and tile cleaners:                                             
    Aerosols............................................               7
    All other forms.....................................               5
Carburetor and choke cleaners...........................              75
Cooking sprays--aerosol.................................              18
Dusting aids:                                                           
    Aerosols............................................              35
    All other forms.....................................               7
Engine degreasers.......................................              75
Fabric protectants......................................              75
Floor polishes/waxes:                                                   
    Products for flexible flooring materials............               7
    Products for nonresilient flooring..................              10
    Wood floor wax......................................              90
Furniture maintenance products--aerosol.................              25
General purpose cleaners................................              10
Glass cleaners:                                                         
    Aerosols............................................              12
    All other forms.....................................               8
Hairsprays..............................................              80
Hair mousses............................................              16
Hair styling gels.......................................               6
Household adhesives:                                                    
    Aerosols............................................              75
    Contact.............................................              80
    Construction and panel..............................              40
    General purpose.....................................              10
    Structural waterproof...............................              15

[[Page 48822]]

                                                                        
Insecticides:                                                           
    Crawling bug........................................              40
    Flea and tick.......................................              25
    Flying bug..........................................              35
    Foggers.............................................              45
    Lawn and Garden.....................................              20
Laundry prewash:                                                        
    Aerosols/solids.....................................              22
    All other forms.....................................               5
Laundry starch products.................................               5
Nail polish removers....................................              85
Oven cleaners:                                                          
    Aerosols/pump sprays................................               8
    Liquids.............................................               5
Shaving creams..........................................               5
------------------------------------------------------------------------


  Table 2 of Subpart C.--Underarm Antiperspirant and Underarm Deodorant 
                Table of Standards: HVOCa Content Limits                
------------------------------------------------------------------------
                                                           Percent HVOC 
                                                           content limit
                    Product category                         (weight-   
                                                           percent HVOC)
------------------------------------------------------------------------
Underarm antiperspirants--aerosol.......................              60
Underarm deodorants--aerosol............................              20
------------------------------------------------------------------------
a High-volatility organic compound (HVOC) are VOC with vapor pressure   
  greater than 80 millimeters of mercury at 20  deg.C.                  


Table 3 of Subpart C.--Charcoal Lighter material Table of Standards: VOC
                             Emission Limit                             
------------------------------------------------------------------------
                                                           VOC emission 
                    Product category                       limit (grams 
                                                            (g)/start)  
------------------------------------------------------------------------
Charcoal Lighter Material...............................               9
------------------------------------------------------------------------

    Charcoal lighter material manufactured after December 10, 1998 may 
not emit greater than 9 grams of VOC per start, as determined using 
procedures specified in the regulation. Regulated entities for subject 
charcoal lighter material must label their products with information 
specifying the quantity of charcoal lighter material per pound of 
charcoal that was used in the testing protocol for that product.
    These compliance periods are consistent with those presented in the 
proposed rule. The EPA believes that these intervals will provide 
adequate time for the vast majority of regulated entities to achieve 
compliance. The EPA included a variance provision in this rule (see 
section 59.206) that may provide temporary relief for regulated 
entities, especially small businesses, who cannot achieve compliance 
because of extraordinary circumstances beyond reasonable control.
    To identify consumer products that are subject to the rule, each 
regulated entity of a subject consumer product must display on each 
consumer product container or package, the day, month, and year on 
which the product was manufactured, or a code indicating such date.
    The following consumer products are exempt from the rule:
    (1) Any consumer product manufactured solely for shipment and use 
outside of the United States.
    (2) Insecticides and air fresheners containing at least 98-percent 
paradichlorobenzene or at least 98-percent naphthalene.
    (3) Adhesives sold in containers of 0.03 liter (1 ounce) or less.
    (4) Bait station insecticides. For the purpose of this rule, bait 
station insecticides are containers enclosing an insecticidal bait that 
does not weigh more than 14 grams, where bait is designed to be 
ingested by insects and is composed of solid material feeding 
stimulants with less than 5 percent by weight active ingredients.
    (5) Air fresheners whose VOC constituents are 100-percent fragrance 
materials.
    (6) Non-aerosol moth proofing products that are principally for the 
protection of fabric from damage by moths and other fabric pests in 
adult, juvenile, or larval forms.
    (7) Flooring seam sealers used to join or fill the seam between two 
adjoining pieces of flexible sheet flooring.
    The final rule also includes an innovative product provision which 
allows a regulated entity to market a product with VOC content that 
exceeds the limit in the rule under certain circumstances. The 
regulated entity must provide supporting documentation that 
demonstrates that the use of the product will result in VOC emissions 
equal to or less than a complying consumer product due to some 
characteristic of the product formulation, design, delivery system, or 
other factor.
    The final rule also allows a regulated entity to apply for a 
temporary variance if, due to extraordinary circumstances beyond 
reasonable control, the regulated entity cannot comply with the VOC 
content limit requirements by the

[[Page 48823]]

specified compliance date. The final rule specifies the criteria that 
must be met before the Administrator will grant a variance.
    The rule does not require the submission of routine reports. 
However, a regulated entity must provide evidence of compliance with 
the rule whenever requested by the Administrator. Compliance with the 
VOC content limits in tables 1 and 2 must be calculated from records of 
the weight-percent of constituents used to make each batch of the 
product. Compliance with the VOC emission limit for lighter material in 
table 3 is based on procedures specified in section 59.208 of the rule, 
or an alternate method approved by the Administrator.
    Regulated entities must keep records of the design formulation for 
each consumer product subject to the rule (except for charcoal lighter 
materials), unless the manufacturer has submitted to the EPA a written 
certification that the manufacturer will maintain the records for the 
regulated entity. For each batch of production, a regulated entity must 
maintain for 3 years accurate records of the weight-percent and 
chemical composition of the individual product constituents. Regulated 
entities of subject charcoal lighter materials must keep records for 3 
years of the results of tests performed according to section 59.208 of 
the final rule.
    The final rule requires that each regulated entity of any subject 
consumer product submit a one-time Initial Notification Report to the 
EPA containing the following information: (1) company name; (2) name, 
title, phone number, address, and signature of certifying company 
official; (3) a list of product categories and subcategories subject to 
sections 59.203 and 59.204, as found in tables 1 and 2, for which the 
company is currently the regulated entity; (4) description of date 
coding systems, clearly explaining how the date of manufacture is 
marked on each sales unit of subject consumer products and (5) name and 
location of the designated recordkeeping agent, if any. If a date code 
is revised, an updated description must be submitted within 30 days 
following the change. The Initial Notification Report must be submitted 
to the appropriate EPA Regional Office no later than December 10, 1998 
or 30 days after becoming a regulated entity. Addresses for the EPA 
Regional Offices are provided in section 59.210.

II. Summary of Considerations in Developing the Rule

A. Technical Basis of Regulation

    Regulations under section 183(e) of the Act must reflect the EPA's 
determination of best available controls (BAC) for the category of 
product. As defined in section 183(e)(1) of the Act, BAC is

    * * * the degree of emission reduction that the Administrator 
determines, on the basis of technological and economic feasibility, 
health, environmental, and energy impacts, is achievable through the 
application of the most effective equipment, measures, processes, 
methods, systems, or techniques, including chemical reformulation, 
product or feedstock substitution, repackaging, and directions for 
use, consumption, storage, or disposal.

    As discussed in the preamble to the proposed rule (61 FR 14531, 
April 2, 1996), the EPA has determined that BAC for 23 of the consumer 
product categories covered by this rule consists of imposing specific 
VOC content limits, expressed as the weight-percent VOC, for each 
consumer product category. For charcoal lighter fluid, VOC limits are 
best expressed as the amount of VOC emitted during use as determined by 
the test method presented in section 59.208 of the rule. Section 183(e) 
of the Act allows the EPA to consider a wide range of strategies to 
achieve emission reductions through BAC. Section 183(e) provides that 
the determination must be based upon technological and economic 
feasibility, and upon health, environmental, and energy impacts. The 
EPA has determined that, in most cases, all or most of a product's VOC 
content is emitted during product use. Therefore, the EPA concluded 
that limits on the amount of VOC incorporated into the products would 
be the most feasible and least disruptive control measure. 
Additionally, in working to comply with State VOC rules over the past 
several years, the consumer products industry has established product 
reformulation as the most technologically and economically feasible 
strategy for reducing VOC emissions. The standards thus reflect the 
degree of emission reduction that the EPA determines to be BAC. The EPA 
selected the VOC limits based primarily on the EPA's consumer products 
survey, analysis of existing State rules for consumer products, and 
information gathered during the EPA's study of the consumer and 
commercial products industry.

B. Stakeholder and Public Participation

    Consumer product regulation development. The consumer product 
standards were proposed and the preamble was published in the Federal 
Register on April 2, 1996 (61 FR 14531). The EPA solicited public 
comments at the time of proposal, and made available copies of the 
regulatory text, Technical Support Document, and Economic Impact 
Analysis for interested parties.
    To provide interested parties the opportunity for oral presentation 
of data, views, or arguments concerning the proposed consumer product 
standards, the EPA held a public hearing in Research Triangle Park, 
North Carolina on May 17, 1996. Thirteen speakers presented oral 
testimony at this hearing. The public comment period was open from 
April 2, 1996 to June 17, 1996. In all, the EPA received 67 comment 
letters on the consumer products rule. Commenters included industry 
representatives, States, trade associations, and others. The comments 
have been carefully considered, and changes have been made to the 
proposed standards when determined by the Administrator to be 
appropriate. Significant comments are discussed in section IV of this 
preamble. A detailed discussion of all public comments and the EPA's 
responses can be found in the CP-BID, referenced in the ADDRESSES 
section of this preamble.
    Development of list and schedule for regulation. The EPA submitted 
the Report to Congress, including the required criteria for regulation, 
on March 23, 1995. A summary of the six-volume report (EPA-453/R-94-
066-a through f) was published at 60 FR 15264, along with a list of 
product categories and the schedule for regulating them. The EPA 
accepted public comments for submittal to the docket after this 
publication. However, the EPA considered the list and schedule as an 
interim step to regulation rather than final EPA action. Therefore, the 
EPA requested submission of public comments on the section 183(e) 
regulatory list and schedule at the time the EPA proposes to regulate a 
particular category of product. Since publication of the list and 
schedule for regulation, the EPA has proposed regulations for three 
product categories: architectural coatings (61 FR 32729), automobile 
refinishing coatings (61 FR 19005), and consumer products (61 FR 4531). 
Commenters submitted a total of 85 comment letters on the section 
183(e) study and Report to Congress and the list and schedule for 
regulation. In addition, a total of 12 speakers testified on the list 
and schedule for regulation at the three individual public hearings 
held for these rules. The listing notice for consumer products, which 
can be found elsewhere in today's Federal

[[Page 48824]]

Register, contains a detailed discussion of all these public comments 
and the EPA's responses.

III. Summary of Impacts

A. Volatile Organic Compound Reductions

    The standards imposed by these regulations will reduce nationwide 
emissions of VOC from consumer products by 82,000 megagrams per year 
(Mg/yr) (90,000 tpy) relative to emissions in 1990. This reduction 
represents a 20 percent reduction from the 1990 baseline.

B. Secondary Air, Water, and Solid Waste Impacts

    The EPA anticipates no adverse secondary air, water, or solid waste 
impacts from compliance with these standards. In general, the standards 
will lead to product reformulation to reduce the amount of VOC released 
into the ambient air. While some additional water is likely to be added 
to formulations, this increase is not expected to result in additional 
waste water discharges to the environment.
    The regulations do not impact existing product inventories. 
Products manufactured before the compliance dates discussed in section 
I.B. are not affected. Excluding existing product inventories from the 
regulations will eliminate any incremental solid waste increase due to 
discarded unsold products. The new products are not expected to require 
any more packaging than existing products; thus, the volume of 
discarded packaging should not increase.

C. Energy Impacts

    The EPA anticipates no increase in energy usage as a result of this 
rule. The standards do not require the use of control devices that 
utilize energy to reduce the amount of VOC emitted to the air. The EPA 
is also not aware of any incremental energy use increase expected from 
the production of new formulations of consumer products.

D. Economic Impact Analysis

    By establishing a set of product-specific standards for VOC 
content, the rule has cost implications for producers of the affected 
products. Manufacturers of consumer products that do not meet the VOC 
levels in the rule will be required to reformulate such products if 
they wish to continue marketing these products. Each option imposes 
costs, some of which will be passed on to other members of society 
(consumers) in the form of higher prices, and some of which will be 
borne directly by manufacturers.
    The cost of reformulation includes the resources that must be 
devoted to creating a compliant product, e.g., research and development 
expenditures plus any net changes in the variable cost of producing the 
new product. Variable costs may be affected by changes in the material 
composition of the new product. The cost for each noncompliant product 
depends on the level of effort required to develop a new product and 
how these expenditures are incurred over time. Reformulation cost data 
were provided by industry to the EPA for prototype reformulations in 
the consumer product categories.
    Under a worst-case scenario, implementation of these standards 
would result in national annualized costs of $26 million per year 
(presented in 1991 dollars). This estimate includes the annualized one-
time costs of product reformulation assuming all products exceeding the 
VOC standards will be reformulated. Recordkeeping and reporting costs 
have been estimated to be approximately $960,000 per year. Therefore, 
the total annualized costs are approximately $27 million. There are no 
monitoring requirements for this rule. No significant capital 
expenditures are expected. The EPA has determined, and the consumer 
products industry has concurred, that a significant proportion of 
subject products have been reformulated in response to State 
regulations and in anticipation of this final rule. Data are not 
available to quantify the proportion of the one-time reformulation 
costs that have already been incurred. To the extent that 
reformulations have already taken place since 1990, this cost estimate 
will overstate the true costs of this regulation. Also, products 
produced in small volumes are likely to be withdrawn from the market 
rather than incur the fixed costs of reformulation. This also leads to 
a lower national cost.
    The collective effect of some products being removed from the 
market and other products bearing higher costs of production will 
likely lead to changes in market prices and quantities. The estimated 
market effects are generally quite small. Price effects in each market 
range from no effect to an approximated 3-percent price increase. 
Market-level price effects are expected to be typically less than one-
tenth of 1 percent. Similarly, the reduction in production is projected 
to be small, ranging from virtually no effect to a 1.7-percent 
reduction. The reduction in production will typically be less than one-
tenth of one percent.
    Giving consideration to producers' choices for the least costly 
compliance option (i.e., reformulation or product withdrawal) and 
adjustments that will occur in the market, the estimated social cost of 
the regulation (including reformulation costs or lost profits from 
product withdraws) is approximately $21 million per year (estimated in 
1991 dollars), with an estimated range from $17 million to $23 million 
by varying some key assumptions. This range of total social cost falls 
below 1 percent of baseline revenue for the affected industry sectors.

IV. Significant Comments and Changes to the Proposed Rule

    The EPA received a total of 67 comment letters during the public 
comment period following proposal of the consumer products rule. In 
addition, 13 speakers presented testimony at a public hearing held in 
Research Triangle Park, North Carolina, on May 17, 1996. The more 
significant comments on the consumer products rule are discussed in 
this section of the preamble. A complete summary of comments on the 
consumer products rule and the EPA's full responses are presented in 
the CP-BID, as referenced in the ADDRESSES section of this preamble.
    In response to public comments on the proposed standards, the EPA 
has made several changes to the final rule. While most of the changes 
are clarifications designed to make the EPA's intent clearer, the EPA 
did make minor changes to the proposed requirements based upon comments 
received.

A. Changes to the Proposed Rule

    The EPA has made certain changes to the final rule regarding 
definitions, variances, recordkeeping, and reporting requirements, and 
administrative provisions as detailed below.
1. Definitions of Regulated Entity, Manufacturer, and Person
    The proposed rule specified that the standards would ``apply to 
manufacturers, processors, wholesale distributors, or importers of 
consumer products.'' A ``manufacturer'' was defined as any person who 
imports, manufactures, processes, or distributes a consumer product. A 
``distributor'' was defined as any person to whom a consumer product is 
sold or supplied for the purposes of resale or distribution in 
commerce.
    Several commenters indicated that the rule could be interpreted as 
applying too broadly to entities that are not responsible for 
development or formulation of a product. Clarification of the 
definition of regulated entity was also requested by several commenters

[[Page 48825]]

concerned about unclear responsibility for recordkeeping and reporting.
    The EPA has revised the definition of ``regulated entity'' and 
``manufacturer'' in order to clarify its intent. Since ``regulated 
entity'' is defined under section 59.201, it has been deleted from 
section 59.202 to avoid redundancy. Under section 59.201(b), 
``regulated entity'' is now defined as follows:

    The regulated entity is (1) the manufacturer or importer of the 
product and (2) any distributor that is named on the product label. 
The manufacturer or importer of the product is a regulated entity 
for purposes of compliance with the VOC content or emission limits 
in section 59.203, regardless of whether the manufacturer or 
importer is named on the label or not.
    The distributor, if named on the label, is the regulated entity 
for purposes of compliance with all sections of the rule, except for 
section 59.203. Distributors whose names do not appear on the label 
are not regulated entities. If no distributor is named on the label, 
then the manufacturer or importer is responsible for compliance with 
all sections of the rule.

    In order to avoid having a processor or contract filler be solely 
accountable for products manufactured to a customer's specifications, 
the definition of ``manufacturer'' in section 59.202 was revised as 
follows:

    Manufacturer means any person who manufactures or processes a 
consumer product. Manufacturers include: (1) processors who blend 
and mix consumer products; (2) contract fillers who develop formulas 
and package these formulas under a distributor's label; (3) contract 
fillers who manufacture products using formulas provided by a 
distributor; and (4) distributors who specify formulas to be used by 
contract fillers or processors.

    The intent of these revisions is to clarify that, under conditions 
where distributors have no direct control over the product VOC content 
(either through manufacturing or processing the product themselves, or 
by specifying a particular formulation to be used), distributors named 
on the label are subject to all the provisions of subpart C except the 
VOC content or emission limits in section 59.203. However, distributors 
(whether or not named on the label) who specify that a particular 
formulation be used would be considered ``manufacturers'' and would, 
therefore, be subject to the VOC content or emission limits.
    In order to clarify what is meant by the term ``person,'' EPA has 
revised section 59.202 to include a definition of ``person'' as 
follows:

    Person means an individual, corporation, partnership, 
association, State, any agency, department, or instrumentality of 
the United States, and any officer, agent, or employee thereof.
2. Definition of United States
    Following publication of the proposed rule, several inquiries were 
received regarding applicability of the regulation to areas outside the 
50 States. The EPA's intent is for the regulation to apply in the 50 
States, the District of Columbia, and United States territories. 
Consequently, in order to clarify this intent, the EPA has added a 
definition of United States.
3. Variances
    Section 59.206 of the proposed rule required that a public hearing 
be held for each variance application. In order to streamline the 
process, the EPA has changed the rule to provide that a hearing is not 
mandatory. Notice of each variance application received will be 
published in the Federal Register, and a hearing will be held only if 
requested by the public.
    Regulated entities may request a variance for a number of reasons. 
For example, some manufacturers may need additional time for research 
and development of a reformulated product that will comply with the VOC 
limits in the rule. In some cases, manufacturers may need time to 
perform product testing and to obtain approval from other government 
agencies in order to reformulate certain products to comply with the 
rule. In other cases, manufacturers may require additional time to 
complete the registration process for reformulated pesticide products.
    While some variances may be sought in order to delay initial 
compliance with the rule for a variety of reasons, there may be 
occasions in the future when regulated entities may not be able to 
comply for some finite period of time. For example, a particular 
ingredient essential to the formulation of a compliant product might be 
temporarily unavailable due to reasons beyond the control of the 
regulated entity. In that case, the manufacturer may need to substitute 
an ingredient that would cause the product to exceed the VOC content or 
emission standard for that product category. In such a case, the 
manufacturer could seek a variance to allow continued marketing of the 
product during the period of time that the proper feedstock is 
unavailable.
4. Recordkeeping and Reporting Requirements
    The proposed rule stated that the recordkeeping and reporting 
requirements applied to each manufacturer or importer subject to 
provisions of Sec. 59.203(a). Commenters questioned who exactly was 
required to meet the recordkeeping and reporting requirements, (i.e., 
the manufacturer, the importer, or the distributor). Some manufacturers 
mentioned that they had distributors who would be unable to meet the 
recordkeeping and reporting requirements because they did not have 
access to the manufacturer's product formulation data. Manufacturers, 
distributors, and retailers expressed concern about trade secrets and 
proprietary formulations being revealed to other commercial businesses 
in order to achieve compliance. Because of such concerns, several 
commenters requested that the regulated entity be allowed to delegate 
the responsibility for maintaining records.
    It was the EPA's intent that the regulated entity (the party with 
ultimate control over the VOC content of the product) also be 
responsible for the recordkeeping and reporting requirements. In 
response to concerns raised about trade secrets and proprietary 
information, the recordkeeping and reporting requirements of section 
59.209(a) were revised to indicate that the manufacturer may provide 
written certification to the EPA accepting responsibility for the 
recordkeeping requirements on behalf of the regulated entity.
    Failure to maintain the required records may result in enforcement 
action by the EPA against the certifying manufacturer in accordance 
with the enforcement provisions applicable to violations of these 
provisions by regulated entities. The certifying manufacturer may 
revoke the written certification by sending a written statement to the 
EPA and the regulated entity giving at least 90 days notice that the 
certifying manufacturer is rescinding acceptance of responsibility for 
compliance with the recordkeeping requirements listed in this 
paragraph. Upon expiration of the notice period, the regulated entity 
must assume responsibility for maintaining the records specified in 
this paragraph. Written certifications and revocation statements to the 
EPA from the certifying manufacturer shall be signed by the responsible 
official of the certifying manufacturer, provide the name and address 
of the certifying manufacturer, and be sent to the appropriate EPA 
Regional Office at the address listed in Section 59.210. Such written 
certifications are not transferable by the manufacturer.
    The EPA has made other changes to simplify the recordkeeping and 
reporting requirements. Some commenters asserted that since the

[[Page 48826]]

Initial Notification Report contains the location where VOC content 
records are maintained, it would be unnecessary to report the location 
of all facilities where the subject products are manufactured or 
distributed. The EPA simplified the recordkeeping and reporting section 
for the initial notification reporting requirements to reduce the 
amount of reporting required.
    Because the Initial Notification Report contains the title, name, 
address, and phone number of the responsible official, the location of 
each facility and the location where the VOC content records are 
maintained need only be supplied upon request by the Administrator, 
rather than with each Initial Notification Report. In addition, if the 
records specified in paragraphs (a)(1) and (a)(2) of section 59.209 are 
to be maintained by the manufacturer, the name and location of the 
designated recordkeeping agent must also be submitted as part of the 
Initial Notification Report.
5. Administrative provisions
    Since proposal, the EPA has added several new sections to the 
regulation to aid in implementing the rule. These administrative 
provisions do not add any new compliance requirements to the rule, and 
pose no additional impacts on regulated entities. The new requirements 
were added to provide consistent procedures for implementation. The 
provisions that were added are as follow: (1) Addresses of EPA Regional 
Offices, (2) State Authority, (3) Circumvention, (4) Incorporations by 
Reference, and (5) Availability of Information and Confidentiality.
    The section on addresses specifies the mailing addresses of EPA 
Regional Offices for the submittal of required reports. The States and 
territories served by the various Regional Offices are listed in this 
section as well. The appropriate Regional Office for purposes of 
reporting, variance applications, and innovative product applications 
would be that Regional Office which serves the State or territory in 
which the regulated entity's corporate headquarters are physically 
located.
    The section on State authority clarifies that this rule in no way 
prevents States from adopting more stringent regulations. The section 
on circumvention prohibits regulated entities from doing anything to 
conceal what would otherwise be noncompliance, by such means as 
falsifying records of product formulation or VOC content. The section 
on incorporations by reference includes as part of the rule the 
American Society for Testing and Materials (ASTM) methods that are 
cited by reference. Finally, the section on availability of information 
and confidentiality clarifies the type of information that is available 
to the public, and provides for the confidential handling of any 
proprietary information that may be submitted in response to the rule.

B. Significant Comments for Which No Rule Changes Were Made

    In the preamble to the proposed rule (61 FR 14531, April 2, 1996), 
the EPA solicited comments on several issues pertinent to this and 
other section 183(e) rules. These issues included alternative 
approaches to cost-effectiveness calculation, other systems of 
regulation, use of control techniques guidelines (CTG) in lieu of 
regulations, and regulation of only the most cost-effective subset of 
the 24 consumer product categories. In addition, other significant 
issues that were the topic of public comments (e.g., exemption of low 
vapor pressure VOC, etc.) are discussed below. As distinct from EPA's 
consideration of cost in the BAC analysis, the discussion in this 
section did not form a basis for EPA's selection of BAC for the 
categories of products regulated by the rule.
1. Cost-Effectiveness
    Cost-effectiveness is a measure used to compare alternative 
strategies for reducing pollutant emissions, or to provide a comparison 
of a new strategy with historical strategies. The EPA's established 
method of calculating cost-effectiveness of a rule with nationwide 
applicability is to divide the total cost of the rule by total emission 
reductions. In the proposal, the EPA requested comment on two 
alternative ways of calculating cost-effectiveness for the consumer 
products rule: (1) Cost-effectiveness considering emission reductions 
in ozone nonattainment areas only, and (2) cost-effectiveness 
considering emission reductions in ozone nonattainment areas during the 
ozone season only.
    Before discussing the comments received on this cost-effectiveness 
methodology issue, it is important to note that the provisions and 
rationale for today's rule are not dependent upon the disposition of 
this issue. The EPA nonetheless took comment on the issue because this 
rule was the first to be proposed under section 183(e) of the Act and 
presented an opportunity to receive public input early in the program.
    In regard to cost-effectiveness methodologies, the EPA received 
comments from seven commenters who expressed divergent views on the 
proper approach. Some favored the EPA's traditional measure of cost-
effectiveness, while others favored alternative approaches. After 
considering these comments, the EPA does not plan to adopt these 
alternative approaches to calculating cost-effectiveness for rules with 
nationwide control requirements, for reasons that are presented below.
    One issues raised by the comments is whether the EPA's traditional 
measure creates a bias against strategies that apply in a limited 
geographic area (e.g., in nonattainment areas) relative to nationwide 
strategies, or against seasonal strategies relative to year-round 
strategies. This issue would arise if the EPA used cost-effectiveness 
figures to compare the desirability of these dissimilar types of 
strategies. In fact, the EPA did not use cost-effectiveness estimates 
in this way in developing the consumer products rule.
    In the case of the consumer products rule, the EPA considered 
applying restrictions to consumer products only in nonattainment areas 
(either by rule or through CTG for States). The EPA believes that 
geographically targeted restrictions for these nationally distributed 
consumer products would pose substantial implementation difficulties 
for government and would impose substantial compliance burdens on a 
large number of regulated entities. The EPA also believes that such 
geographically targeted restrictions for these nationally distributed 
products would be less effective at reducing emissions than a national 
rule (see section IV.A. for further discussion). Because the EPA 
determined that a strategy applicable only to nonattainment areas would 
be less desirable than a national rule, the EPA did not see a need to 
invest resources to pursue that strategy and calculate its cost-
effectiveness.
    Some commenters said using one of the alternative cost-
effectiveness methodologies would enable the EPA to make valid cost-
effectiveness comparisons between nationwide and targeted geographic 
strategies, or year-round and seasonal strategies, for reducing ozone 
pollution. The EPA has not chosen these alternatives because it has the 
following concerns about the two alternative approaches:
    First, VOC emission reductions have benefits other than reducing 
ozone levels in nonattainment areas. As a result, the EPA believes the 
cost-effectiveness calculation for a nationwide, year-round rule should 
not exclude VOC emission reductions in

[[Page 48827]]

attainment areas or outside the ozone season. The EPA recognizes that a 
primary objective of section 183(e) of the Act is to reduce VOC 
emissions in ozone nonattainment areas. However, as previously 
explained, in the development of the consumer products rule, the EPA 
believes that the best policy alternative is to implement a nationwide 
rule. Therefore, emission reductions from this rule will not only be 
realized in ozone nonattainment areas, but also in all other parts of 
the country in which consumer products are distributed and consumed.
    In general, the benefits of VOC reductions in ozone attainment 
areas include reductions in emissions of VOC air toxics, reductions in 
the contribution from VOC emissions to the formation of fine 
particulate matter, and reductions in damage to agricultural crops, 
forests, and ecosystems from ozone exposure. Emission reductions in 
attainment areas help to maintain clean air as the economy grows and 
new pollution sources come into existence. Also, ozone health benefits 
can result from reductions in attainment areas, although the most 
certain health effects from ozone exposure below the NAAQS appear to be 
both transient and reversible. The closure letter from the Clear Air 
Science Advisory Committee (CASAC) for the recent review of the ozone 
NAAQS states that there is no apparent threshold for biological 
responses to ozone exposure (Source: U.S. EPA; Review of NAAQS for 
Ozone, Assessment of Scientific and Technical Information, Office of 
Air Quality Planning and Standards Staff Paper; document number: EPA-
452/R-96-007).
    Second, under either alternative approach, emission reductions in 
ozone attainment areas would not be included in the calculation. This 
appears to imply that emissions reductions in attainment areas do not 
contribute to cleaner air in nonattainment areas. VOC sources in 
regions adjacent to nonattainment areas may contribute to ozone levels 
in nonattainment areas. As a result, a cost-effectiveness comparison 
based on the alternative approaches sometimes could create a bias 
against a nationwide rule relative to a strategy that applies in 
nonattainment areas only.
    In light of the transport issue, one commenter suggested that the 
EPA apply a weighting factor to account for differences in the extent 
to which emissions inside and outside nonattainment areas contribute to 
ozone formation in nonattainment areas. The EPA is concerned that in 
order to calculate cost-effectiveness using this concept, the EPA would 
have to conduct extensive and costly air quality modeling to estimate 
ozone reductions resulting from each candidate control strategy and 
that this would require extensive data on the location of emissions. 
Such detailed analysis is appropriate for some policy decisions, but 
not for others. As a result, the EPA is skeptical that this weighting 
approach would represent a generally useful analytical tool for 
decision making.
    The EPA, of course, agrees that differences in the location and 
timing of emission reductions are a significant consideration in 
choosing among alternative strategies. The extent of ozone reductions 
and other benefits resulting from VOC emission reductions varies, 
partly based on location and season. In considering nationwide vs. 
geographically targeted controls, and year-round vs. seasonal controls, 
the EPA considers available information on the effectiveness of those 
strategies in reducing ozone--as well as other health and environmental 
considerations, economic considerations, and other relevant factors--in 
making a holistic assessment of which strategy is most desirable from 
an overall public policy standpoint.
    There are instances where the EPA does provide an estimate of cost-
effectiveness of a control strategy during the ozone season--generally, 
when a control strategy is feasible to apply on a seasonal basis, or 
when limits are set on a seasonal basis. Although these figures are 
useful for comparing different seasonal strategies, the EPA does not 
plan to use cost-effectiveness figures for inappropriate (i.e., apple 
to orange) comparisons between seasonal and year-round strategies for 
the 183(e) program for the reasons presented above. In regard to 
today's rule, the EPA notes that the nature of consumer product 
emissions does not allow for control strategies that reduce emissions 
only during the ozone season to be an objective for consideration. One 
reason is that the shelf life and consumption rate of consumer products 
varies greatly and one cannot predict that a certain percentage of a 
product made with a specified formulation will be consumed and thus 
emitted during the ozone season. Because the Agency has concluded that 
an ozone season-based approach is not a viable control strategy for 
consumer products, the EPA did not believe it was appropriate to 
develop a seasonal-based approach to measuring cost-effectiveness for 
the consumer product rule.
2. Other Systems of Regulation
    In the preamble to the proposed rule (61 FR 14531, April 2, 1996) 
the EPA requested comment on any alternative to the proposed system of 
regulation. Two commenters commented on the inclusion of emissions 
trading under the proposed Open Market Trading Rule (OMTR) or Guidance 
Document as an option for compliance with the consumer product 
regulation. One commenter stated that open market trading assures 
product quality while providing flexibility, cost savings, incentives 
for innovation, and increased environmental performance to both 
consumers and manufacturers of consumer products. The commenter stated 
that open market trading increases the performance and effectiveness of 
the consumer products rule in achieving meaningful ozone reduction. The 
commenter stated that open market compliance options also ensure that 
smaller manufacturers or marketers are not disadvantaged or put out of 
business by the implementation of the regulations, which would reduce 
competition and increase consumer costs.
    One commenter stated that consumer product emission credit trading 
is not appropriate for this regulation because market incentives, 
including allowance for trading of emission credits from consumer 
products, have not been adequately considered in this rulemaking action 
and consumer product credit trading is extremely controversial. This 
commenter stated that allowing the trading of emission credits can put 
some companies at an extreme competitive disadvantage because of the 
highly competitive nature of the consumer product market and the wide 
diversity of resources and product mix between consumer product 
manufacturers and distributors.
    The EPA believes it is not appropriate to include the open market 
trading provisions as a means for complying with the VOC limits for the 
categories of consumer products subject to the final rule. The national 
standards for consumer products would regulate products that typically 
are distributed nationwide. By comparison, the open market trading 
guidance alluded to by the commenter (proposed August 25, 1995, 60 FR 
44290) is for State-developed regional trading programs addressing the 
generation and use of discrete emission reductions within the 
nonattainment areas covered by the program.
    Three commenters requested that the EPA adopt an alternative 
control plan (ACP) similar to the California Air Resources Board's ACP. 
An ACP allows manufacturers that are unable to meet a specific VOC 
content limit for one product to balance their non-compliant

[[Page 48828]]

product with the VOC reduction benefit from an over-compliant product. 
One commenter indicated that an ACP is essential for sound consumer 
product regulation because it provides the ability to reduce VOC 
emissions while retaining the flexibility of continuing to market a 
regulated product with a formulation that has superior performance, 
thereby benefiting consumers. The commenter stated that an ACP would 
provide an economic incentive to develop product technologies that are 
lower in VOC than required by the table of standards and that a table 
of standards alone tends to freeze technology development.The commenter 
suggested that the EPA add an ACP provision to the national consumer 
product rule at the first opportunity, without delaying the adoption of 
the national rule.
    The EPA has not adopted an ACP in the final rule but is still 
considering whether or not to engage in a separate rulemaking effort to 
develop one. The commenter's points will be factored into this 
consideration. If warranted, the ACP will be proposed at a later date.
3. Use of Control Techniques Guidelines in Lieu of a National Rule
    The EPA requested comment on whether and how a CTG approach would 
be as effective as a national rule in reducing VOC emissions from 
consumer products in ozone nonattainment areas. Over 40 commenters 
stated that they support a national consumer products rule. In general, 
the commenters gave similar reasons for their position as presented 
below:
    (i) A national rule is an effective way to ensure substantial 
reduction in VOC emissions from consumer products without banning any 
one product category or product form.
    (ii) A national rule would reduce burden on manufacturers since it 
would reduce or eliminate the need for multiple formulations to comply 
with different State and local requirements.
    Three commenters opposed a CTG approach for the following reasons:
    (iii) A CTG would require that States with ozone nonattainment 
areas adopt minimum requirements for those specific areas which would 
discourage States from implementing a statewide regulation and would, 
therefore, result in fewer emission reductions.
    (iv) Ozone precursor emissions reductions (i.e., VOC and 
NOX) are necessary in both attainment and nonattainment 
areas for nonatttainment areas to achieve the ozone NAAQS.
    (v) A CTG-based approach would complicate both rule development and 
rule enforcement as it is possible that each nonattainment area could 
adopt slightly different regulations.
    (vi) A CTG would not be as effective as a national rule for 
consumer products due to transportability of products and other 
considerations.
    The EPA believes that regulating manufacturers and importers is an 
effective approach for reducing emissions from consumer products, 
especially those that are easily transportable and widely distributed 
to consumers for use in unlimited locations. For these types of 
products, it appears that regulating only in nonattainment areas would 
not be as effective as a uniform, national regulation. The 
transportability of products tends to decrease rule effectiveness for 
rules that vary by location due to the likelihood of unregulated, non-
compliant products being bought in attainment areas and used in 
nonattainment areas. For this reason and since the end-users include 
widely varied consumers, effective enforcement would be limited.
    In addition, industry has advised the EPA that the cost of having 
different product lines for attainment versus nonattainment areas could 
be cost-prohibitive because of the duplicative effort of labeling, 
storage, and distribution management. Therefore, the EPA expects that 
using CTG or rules that apply only in nonattainment areas would be less 
effective than a national rule. Also, during the development of the 
proposed rule, industry representatives expressed concern that 
differences in State and local requirements for consumer products, as 
would occur under a CTG approach, could disrupt the national 
distribution network for consumer products. Based on these 
considerations and comments received, the EPA has determined that a CTG 
for the consumer products category would not be substantially as 
effective as a national rule in reducing VOC emissions in ozone 
nonattainment areas. Therefore, the EPA is promulgating the standards 
for consumer products as a uniform, national rule.
4. Regulation of Only a Subset of Consumer Products
    The EPA requested comment on setting emission limits for a subset 
of the 24 consumer product categories that were most cost effective for 
regulation. One commenter supported selecting the categories which 
provided the biggest emissions reductions for the least cost. Another 
responder supported the EPA regulating all 24 categories. The EPA has 
concluded that the most reasonable approach is to promulgate rules for 
all 24 of the listed consumer product categories. Based on public 
comments, there are no adverse impacts of promulgating BAC for these 
products. While controls for some products may be more cost-effective 
than for others, the EPA has concluded that a strategy of regulating a 
subset of these categories based on cost-effectiveness would be counter 
productive. The potential efficiency from a cost-effectiveness approach 
would be more than offset by the extra costs to the industry of 
inconsistent regulations across the States.

V. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. The docket 
is a dynamic file, since material is added throughout the rulemaking 
development. The docketing system is intended to allow members of the 
public to readily identify and locate documents so that they can 
effectively participate in the rulemaking process. Along with the 
statement of basis and purpose of the proposed and promulgated 
standards (technical support document submitted at proposal) and the 
EPA responses to significant comments, the contents of the Docket will 
serve as the record in case of judicial review (see 42 U.S.C. 
7607(d)(7)(A)).

B. Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this rule under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and 
has assigned OMB Control Number 2060-0348.
    The information collection required by this rule is needed as part 
of the overall compliance and enforcement program. It is necessary to 
identify the regulated entities who are subject to the rule and ensure 
their compliance with the rule. The recordkeeping and reporting 
requirements are mandatory and are being established under section 114 
of the Act. All information submitted to the EPA for which a claim of 
confidentiality is made will be safeguarded according to the EPA 
policies set forth in Title 40, Chapter 1, Part 2, Subpart B--
Confidentiality of Information (see 40 CFR part 2; 41 FR 36902, 
September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR 
42251, September 28, 1978; 44 FR 17674, March 23, 1979).

[[Page 48829]]

    The total annual reporting and recordkeeping burden for this 
collection averaged over the first 3 years is estimated to be 28, 386 
hours per year. The average burden, per respondent, is 129 hours per 
year. The total annualized recordkeeping and reporting costs for this 
rule are estimated to be $964,416 and consist wholly of operation and 
maintenance costs. There are no capital or startup costs, or purchased 
services costs associated with the reporting and recordkeeping 
requirements of this rule. There would be an estimated 220 respondents 
to the collection requirements. Average annualized cost of reporting 
and recordkeeping, per respondent, is $4,384.
    This rule requires an initial one-time notification from each 
respondent and subsequent notifications each time the date code is 
changed.
    Formulations and ingredient usage would be recorded for each batch 
of production. Respondents seeking a variance must submit an 
application which provides information to the EPA necessary in 
determining whether to grant the variance.
    The application would include the specific grounds on which the 
variance is sought, proposed date by which the requirements of the rule 
will be met, and a plan for achieving compliance. Supporting 
documentation is required of companies who wish to market a product 
subject to the ``innovative products'' provision of the rule. This 
documentation includes information on VOC emissions from the use of the 
product as compared to emissions from a product formulated in 
compliance with the rule. The rule requires that the packaging of all 
subject consumer products display the date of manufacture. The date can 
be in coded form. However, there should be no additional burden imposed 
due to this labeling requirement, because manufacturers routinely date-
code their products. All regulated entities of subject products must 
submit an explanation of all date codes used. Date code explanations 
must be included with the initial report. Thereafter, respondents must 
submit explanations of any new date codes within 30 days following the 
change.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB Control Number. The OMB Control Numbers for the 
EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. 
The EPA is amending the table in 40 CFR part 9 of currently approved 
information collection request control numbers issued by OMB for 
various regulations to list the information requirements contained in 
this final rule.

C. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
EPA must determine whether a regulatory action is ``significant'' and, 
therefore, subject to OMB review and the requirements of the Executive 
Order. The Order defines ``significant regulatory action'' as one that 
is likely to result in a rule that may (1) have an annual effect on the 
economy of $100 million or more or adversely affect in a material way 
the economy, 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 obligations 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 this Executive Order, OMB has notified the 
EPA that it considers this a ``significant regulatory action'' within 
the meaning of the Order. The EPA submitted this action to OMB for 
review. Any changes made in response to OMB suggestions or 
recommendations are documented in the public record.

D. Executive Order 12875

    To reduce the burden of Federal regulations on States and small 
governments, the President issued Executive Order 12875 on October 26, 
1993, entitled ``Enhancing the Intergovernmental Partnership.'' In 
particular, this Executive Order is designed to require agencies to 
assess the effects of regulations that are not required by statute and 
that create mandates upon State, local, or tribal governments. While 
this regulation does not create mandates upon State, local, or tribal 
governments, the EPA has involved State and local governments in the 
development of this rule. State and local air pollution control 
associations (California Air Resources Board, New Jersey Department of 
Environmental Protection, Wisconsin Department of Natural Resources, 
and State and Territorial Air Pollution Program Administrators/
Association of Local Air Pollution Control Officials) have provided 
regulatory review support.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires Federal agencies to 
give special consideration to the impact of regulations on small 
entities. Under the RFA, an agency is required to prepare a regulatory 
flexibility analysis for a rule that the agency certifies will have a 
significant economic impact on a substantial number of small entities. 
While the EPA is certifying that today's rule will not have a 
significant economic impact on a substantial number of small entities, 
the EPA nonetheless prepared analyses to support both the proposed and 
final rules that are equivalent to that required by the RFA as modified 
by the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA).
    The analysis supporting the proposed rule was published in the 
report titled, ``Economic Impact and Regulatory Flexibility Analysis of 
Air Pollution Regulations: Consumer and Commercial Products,'' (January 
1996). This analysis showed that almost 80 percent of the consumer 
product firms identified as subject to the regulation are considered 
``small'' according to the Small Business Administration's definitions 
for the affected industries. This analysis indicated that for most of 
the consumer products categories evaluated, there are relatively few 
large producers which account for the majority of market output in most 
categories and numerous small producers accounting for a small 
percentage of the remaining market volume. The EPA analysis concludes 
that the rule will have some impact on small producers by virtue of the 
fact that they have a considerable presence in a small number of 
regulated industries and may be likely to experience higher rates of 
product withdrawal (in comparison to large firms) because it would cost 
less to forego product profits than to incur the cost of reformulation. 
In addition, the analysis does not find

[[Page 48830]]

any indications of a disproportionate impact on small businesses in 
comparison to large firms because the impact of the regulation will not 
fall most heavily on those product categories with the largest small 
business presence. The markets most heavily affected by the consumer 
and commercial products regulation are not the markets with the 
greatest small business presence. Therefore, the EPA certified at 
proposal that there was not a significant impact on a substantial 
number of small entities. The EPA did not receive any comments on the 
technical approach to the analysis.
    The analysis prepared to support the final rule builds upon the 
analysis performed for the proposal. In this analysis, the EPA 
calculated compliance costs as a percentage of firm revenues for a 
sample of 173 small entities (as defined by the Small Business 
Administration). Of these firms, only 21 (12 percent) may experience 
compliance costs greater than one percent of revenues and only 15 firms 
(9 percent) may experience compliance costs greater than 3 percent of 
revenues. The EPA assumes that the impacts on the sample of firms is 
representative of the distribution of impacts likely to be imposed on 
all firms that are affected by the rule.
    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule. The 
EPA has also determined that this rule will not have a significant 
economic impact on a substantial number of small entities. Based on the 
results of the analysis at proposal (which was unaffected by public 
comments), and the fact that 88 percent of the sampled firms show low 
cost-to-sales ratios, the EPA concluded that this rule does not have a 
significant economic impact on a substantial number of small entities.

F. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.C.S. 801, et seq., as added by 
SBREFA, 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 United 
States Senate, the United States House of Representatives, and the 
Comptroller General of the United States prior to publication of the 
rule in the Federal Register. A Major rule cannot take effect until 60 
days after it is published in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2). This rule will be 
effective September 11, 1998.

G. Unfunded Mandates Act of 1995

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(Unfunded Mandates Act), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate, or to 
the private sector, of $100 million or more. Under section 205, the 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 the 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 action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Act do not apply to this action.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (the NTTAA), Pub. L. No. 104-113, section 12(d) (15 U.S.C. 
272 note), directs the EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices, etc.) that are developed or 
adopted by voluntary consensus standard bodies. The NTTAA requires the 
EPA to provide Congress, through OMB, explanations when the EPA decides 
that to use available and applicable voluntary consensus standards.
    In the case of this rule, the proposed rule set forth the 
procedures for the testing of charcoal lighter fluid as the required 
``charcoal lighter material testing protocol.'' The EPA intended the 
charcoal lighter material testing protocol to be the equivalent of the 
existing test method used by the California South Coast Air Quality 
Management District (SCAQMD). The EPA chose this method, in part, to 
avoid creation of multiple testing protocols and to make use of an 
existing method which the EPA considered appropriate. In response to 
the proposed rule, the EPA received no comments pertaining to the use 
of voluntary consensus standards rather than the proposed testing 
protocol, either during or after the comment period. In preparing the 
final rule, however, the EPA has investigated to determine the 
availability of any other existing voluntary consensus standards for 
use in lieu of the proposed testing protocol.
    The EPA has reviewed the standards listed in the National Standards 
System Network maintained by the American National Standards Institute 
and the EPA has located no alternative voluntary consensus standards 
for performing the function to be accomplished by the testing protocol. 
In addition, the EPA believes that it is appropriate to use the testing 
protocol developed by SCAQMD both because it has proven reliable and 
practical to achieve the goals of reducing VOC and because the EPA 
wishes to foster uniformity in testing nationwide. Accordingly, the EPA 
has determined that the charcoal lighter material testing protocol set 
forth in the proposed rule, as modified pursuant to comments for 
consistency with the SCAQMD test method, constitutes the appropriate 
method for determining product compliance under this final rule.

I. Applicability of Executive Order 13045

    Executive Order 13045 applies to any rule that the EPA determines: 
(1) ``economically significant'' as defined under Executive Order 
12866, and (2) the environmental health or safety risk addressed by the 
rule has a disproportionate effect on children. If the regulatory 
action meets both criteria, the EPA 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 EPA.
    This proposed rule is not subject to Executive Order 13045, 
entitled ``Protection of Children from Environmental Health Risks and 
Safety Risks'' (62 FR 19885, April 23, 1997), because it is not an 
economically significant regulatory action as defined by Executive 
Order 12866, and it does not address an environmental health or safety 
risk that would have a disproportionate effect on children.

[[Page 48831]]

Executive Order 13084
    Under Executive Order 13084, the 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 the EPA 
provides to the Office of Management and Budget a description of the 
prior consultation and communications the agency has had with 
representatives of tribal governments and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires the EPA to develop an effective process permitting elected 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.'' 
Information available to the Administrator does not indicate that this 
action will have any effect on Indian tribal governments.

List of Subjects

40 CFR Part 59

    Environmental protection, Air pollution control, Consumer and 
commercial products, Consumer products, Incorporation by reference, 
Ozone, Volatile organic compound.

40 CFR Part 9

    Reporting and recordkeeping requirements.

    Dated: August 14, 1998.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, parts 9 and 59 of title 40 
of the Code of Federal Regulations are amended as follows:

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 
1345(d), and (e), 1381; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-I, 300j-
2, 300-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 
7542, 9601-9657, 11023, 11048.

    2. Section 9.1 is amended by adding a new entry to the table under 
the indicted heading in numerical order to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

------------------------------------------------------------------------
                                                            OMB control 
                     40 CFR citation                            No.     
------------------------------------------------------------------------
                  *        *        *        *        *                 
  National Volatile Organic Compound Emission Standards for Consumer    
   Products                                                             
                  *        *        *        *        *                 
59.209..................................................       2060-0348
                  *        *        *        *        *                 
------------------------------------------------------------------------

PART 59--NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR 
CONSUMER AND COMMERCIAL PRODUCTS

    1. The authority citation for part 59 continues to read as follows:

    Authority: 42 U.S.C. 7511b(e)

    2. Part 59 is amended by adding subpart C to read as follows:

Subpart C--National Volatile Organic Compound Emission Standards 
for Consumer Products

Sec.
59201  Applicability and designation of regulated entity.
59202  Definitions.
59203  Standards for consumer products.
59204  Innovative product provisions.
59205  Labeling.
59206  Variances.
59207  Test methods.
59208  Charcoal lighter material testing protocol.
59209  Recordkeeping and reporting requirements.
59210  Addresses of EPA Regional Offices.
59211  State authority.
59212  Circumvention.
59213  Incorporations by reference.
59214  Availability of information and confidentiality.
Table 1 to Subpart C--VOC Content Limits by Product Category
Table 2 to Subpart C--HVOC1 Content Limits for Underarm Deodorants 
and Underarm AntiPerspirants
Appendix A to Subpart C--Figures

Subpart C--National Volatile Organic Compound Emission Standards 
for Consumer Products


Sec. 59.201  Applicability and designation of regulated entity.

    (a) The provisions of the subpart apply to consumer products 
manufactured or imported on or after December 10, 1998 for sale or 
distribution in the United States.
    (b) The regulated entity is: the manufacturer or importer of the 
product; and any distributor that is named on the product label. The 
manufacturer or importer of the product is a regulated entity for 
purposes of compliance with the volatile organic compounds (VOC) 
content or emission limits in Sec. 49.203, regardless of whether the 
manufacturer or importer is named on the label or not. The distributor, 
if named on the label, is the regulated entity for purposes of 
compliance with all sections of this part except for Sec. 59.203. 
Distributors whose names do not appear on the label are not regulated 
entities. If no distributor is named on the label, then the 
manufacturer or importer is responsible for compliance with all 
sections of this part.
    (c) The provisions of this subpart do not apply to consumer 
products that meet the criteria specified in paragraph (c)(1) through 
(c)(7) of this section.
    (1) Any consumer product manufacturer in the United States for 
shipment and use outside of the United States.
    (2) Insecticides and air fresheners containing at least 98-percent 
paradichlorobenzene or at least 98-percent naphthalene.
    (3) Adhesives sold in containers of 0.03 liter (1 ounce) or less.
    (4) Bait station insecticides. For the purpose of this subpart, 
bait station insecticides are containers enclosing an insecticidal bait 
that does not weigh more than 14 grams (0.5 ounce), where bait is 
designed to be ingested by insects and is composed of solid material 
feeding stimulants with less than 5-percent by weight active 
ingredients.
    (5) Air fresheners whose VOC constituents, as defined in 
Secs. 59.202 and 59.203(f), consist of 100-percent fragrance.
    (6) Non-aerosol moth proofing products that are principally for the 
protection of fabric from damage by moths and other fabric pests in 
adult, juvenile, or larval forms.
    (7) Flooring seam sealers used to join or fill the seam between two 
adjoining pieces of flexible sheet flooring.


Sec. 59.202  Definitions.

    The terms used in this subpart are defined in the Clean Air Act 
(Act) or in this section as follows:
    Administrator means the Administrator of the United States 
Environmental Protection Agency (EPA) or an authorized representative.
    Aerosol cooking spray means any aerosol product designed either to 
reduce sticking on cooking and baking surfaces or to be directly 
applied on food for the purpose of reducing sticking on cooking and 
baking surfaces, or both.
    Aerosol product means a product characterized by a pressurized 
spray system that dispenses product

[[Page 48832]]

ingredients in aerosol form by means of a propellant (i.e., a liquefied 
or compressed gas that is used in whole or in part, such as a co-
solvent, to expel a liquid or any other material from the same self-
pressurized container or from a separate container) or mechanically 
induced force. ``Aerosol product'' does not include pump sprays.
    Agricultural use means the use of any pesticide or method or device 
for the control of pests in connection with the commercial production, 
storage, or processing of any animal or plant crop. ``Agricultural 
use'' does not include the sale or use of pesticides in properly 
labeled packages or containers that are intended for:
    (1) Household use;
    (2) Use in structural pest control; or
    (3) Institutional use.
    Air freshener means any consumer product including, but not limited 
to, sprays, wicks, powders, and crystals designed for the purpose of 
masking odors, or freshening, cleaning, scenting, or deodorizing the 
air. This does not include products that are used on the human body, 
products that function primarily as cleaning products, disinfectant 
products claiming to deodorize by killing germs on surfaces, or 
institutional/industrial disinfectants when offered for sale solely 
through institutional and industrial channels of distribution. It does 
include spray disinfectants and other products that are expressly 
represented for use as air fresheners, except institutional and 
industrial disinfectants when offered for sale through institutional 
and industrial channels of distribution. To determine whether a product 
is an air freshener, all verbal and visual representations regarding 
product use on the label or packaging and in the product's literature 
and advertising may be considered. The presence of, and representations 
about, a product's fragrance and ability to deodorize (resulting from 
surface application) shall not constitute a claim of air freshening.
    All other forms means all consumer product forms for which no form-
specific VOC standard is specified. Unless specified otherwise by the 
applicable VOC standard, ``all other forms'' include, but are not 
limited to, solids,liquids, wicks, powders, crystals, and cloth or 
paper wipes (towelettes).
    Automotive windshield washer fluid means any liquid designed for 
use in a motor vehicle windshield washer system either as an antifreeze 
or for the purpose of cleaning, washing, or wetting the windshield. 
``Automotive windshield washer fluid'' does not include fluids placed 
by the manufacturer in a new vehicle.
    Bathroom and tile cleaner means a product designed to clean tile or 
surfaces in bathrooms. ``Bathroom and tile cleaner'' does not include 
products specifically designed to clean toilet bowls or toilet tanks.
    Carburetor and choke cleaner means a product designed to remove 
dirt and other contaminants from a carburetor or choke. ``Carburetor 
and choke cleaner'' does not include products designed to be introduced 
directly into the fuel lines or fuel storage tank prior to introduction 
into the carburetor, or solvent use regulated under 40 CFR part 63, 
subpart T (halogenated solvent national emission standards for 
hazardous air pollutants (NESHAP)).
    Charcoal lighter material means any combustible material designed 
to be applied on, incorporated in, added to, or used with charcoal to 
enhance ignition. ``Charcoal lighter material'' does not include any of 
the following:
    (1) Electrical starters and probes;
    (2) Metallic cylinders using paper tinder;
    (3) Natural gas; and
    (4) Propane.
    Construction and panel adhesive means any one-component household 
adhesive having gap-filling capabilities that distributes stress 
uniformly throughout the bonded area resulting in a reduction or 
elimination of mechanical fasteners.
    Consumer means any person who purchases or acquires any consumer 
product for personal, family, household, or institutional use. Persons 
acquiring a consumer product for resale are not ``consumers'' of that 
product.
    Consumer product means any household or institutional product 
(including paints, coatings, and solvents), or substance, or article 
(including any container or packaging) held by any person, the use, 
consumption, storage, disposal, destruction, or decomposition of which 
may result in the release of VOC. For the purposes of this subpart, 
consumer product means any product listed in tables 1 or 2 of this 
subpart.
    Contact adhesive means any household adhesive that:
    (1) When applied to two substrates, forms an instantaneous, 
nonrepositionable bond;
    (2) When dried to touch, exhibits a minimum 30-minute bonding 
range; and
    (3) Bonds only to itself without the need for reactivation by 
solvents or heat.
    Container or packaging means the part or parts of the consumer 
product that serve only to contain, enclose, incorporate, deliver, 
dispense, wrap, or store the chemically formulated substance or mixture 
of substances that is solely responsible for accomplishing the purposes 
for which the product was designed or intended. ``Container or 
packaging'' includes any article onto or into which the principal 
display panel is incorporated, etched, printed, or attached.
    Crawling bug insecticide means any insecticide product that is 
designed for use against crawling arthropods including, but not limited 
to, ants, cockroaches, mites (but not house dust mites), silverfish, or 
spiders. ``Crawling bug insecticide'' does not include products for 
agricultural use or products designed to be used exclusively on humans 
or animals.
    Distributor means any person to whom a consumer product is sold or 
supplied for the purposes of resale or distribution in commerce.
    Double-phase aerosol air freshener means an aerosol air freshener 
with liquid contents in two or more distinct phases that requires the 
product container to be shaken before use to mix the phases, producing 
an emulsion.
    Dusting aid means a product designed to assist in removing dust and 
other soils from floors and other surfaces without leaving a wax or 
silicone-based coating. ``Dusting aid'' does not include products that 
consist entirely of compressed gases for use in electronic or other 
specialty areas.
    Engine degreaser means a cleaning product designed to remove 
grease, grime, oil, and other contaminants from the external surfaces 
of engines and other mechanical parts. ``Engine degreaser'' does not 
include any solvent used in parts washing equipment, or any solvent use 
regulated under 40 CFR part 63, subpart T (halogenated solvent NESHAP).
    Fabric protectant means a product designed to be applied to fabric 
substrates to protect the surface from soiling from dirt and other 
impurities or to reduce absorption of water into the fabric's fibers. 
``Fabric protectant'' does not include silicone-based products whose 
function is to provide water repellency, or products designed for use 
solely on fabrics that are labeled ``dry clean only.''
    Flea and tick insecticide means any insecticide product that is 
designed for use against fleas, ticks, and their larvae, or their eggs. 
``Flea and tick insecticide'' does not include products that are 
designed to be used exclusively on humans or animals or their bedding.
    Flexible flooring material means asphalt, cork, linoleum, no-wax, 
rubber, seamless vinyl, and vinyl composite flooring.
    Floor polish or wax means a wax, polish, or any other product 
designed to

[[Page 48833]]

polish, protect, or enhance floor surfaces by leaving a protective 
coating that is designed to be periodically replenished. ``Floor polish 
or wax'' does not include ``spray buff products,'' products designed 
solely for the purpose of cleaning floors, floor finish strippers, 
products designed for unfinished wood floors, and coatings subject to 
40 CFR part 59, subpart D--National Volatile Organic Compound Emission 
Standards for Architectural Coatings.
    Floor seam sealer means any low viscosity specialty adhesive used 
in small quantities for the sole purpose of bonding adjoining rolls of 
installed flexible sheet flooring or to fill any minute gaps between 
and adjoining rolls.
    Flying bug insecticide means any insecticide product that is 
designed for use against flying insects including, but not limited to, 
flies, mosquitoes, and gnats. ``Flying bug insecticide'' does not 
include ``wasp and hornet insecticide'' products that are designed to 
be used exclusively on humans or animals or their bedding.
    Fragrance means a substance or mixture of aroma chemicals, natural 
essential oils, and other functional components that is added to a 
consumer product to impart an order or scent, or to counteract a 
malodor.
    Furniture maintenance product means a wax, polish, conditioner, or 
any other product designed for the product designed for the purpose of 
polishing, protecting, or enhancing finished wood surfaces other than 
floors. Furniture maintenance product'' does not include dusting aids, 
products designed solely for the purpose of cleaning, and products 
designed to leave a permanent finish such as stains, sanding sealers, 
and lacquers.
    Gel means a colloid in which the dispersed phase has combined with 
the continuous phase to produce a semisolid material, such as jelly.
    General purpose adhesive means any nonaerosol household adhesive 
designed for use on a variety of substrates. General purpose adhesives 
do not include contact adhesives or construction and panel adhesives.
    General purpose cleaner means a product designed for general all-
purpose cleaning, in contrast to cleaning products designed to clean 
specific substrates in certain situations. ``General purpose cleaner'' 
includes products designed for general floor cleaning, kitchen or 
countertop cleaning, and cleaners designed to be used on a variety of 
hard surfaces.
    Glass cleaner means a cleaning product designed primarily for 
cleaning surfaces made of glass. Glass cleaner does not include 
products designed solely for the purpose of cleaning optical materials 
used in eyeglasses, photographic equipment, scientific equipment, and 
photocopying machines.
    Hair mousse means a hairstyling foam designed to facilitate styling 
of a coiffure and provide limited holding power.
    Hair styling gel means a high-viscosity, often gelatinous product 
that contains a resin and is designed for the application to hair to 
aid in styling and sculpting of the hair coiffure.
    Hairspray means a consumer product designed primarily for the 
purpose of dispensing droplets of a resin on and into a hair coiffure 
to impart sufficient rigidity to the coiffure to establish or retain 
the style for a period of time.
    High-volatility organic compound or HVOC means any organic compound 
that exerts a vapor pressure greater than 80 millimeters of mercury 
when measured at 20 degrees Celsius.
    Household adhesive means any household product that is used to bond 
one surface to another by attachment. ``Household adhesive'' does not 
include products used on humans or animals, adhesive tape, contact 
paper, wallpaper shelf liners, or any other product with an adhesive 
incorporated onto or in an inert substrate.
    Household product means any consumer product that is primarily 
designed to be used inside or outside of living quarters or residences, 
including the immediate surroundings, that are occupied or intended for 
occupation by individuals.
    Household use means use of a product in a home or its immediate 
environment.
    Importer means any person who brings a consumer product that was 
manufactured, filled, or packaged at a location outside of the United 
States into the United States for sale or distribution in the United 
States.
    Industrial use means use for, or in, a manufacturing, mining, or 
chemical process or use in the operation of factories, processing 
plants, and similar sites.
    Insecticide means a pesticide product that is designed for use 
against insects or other arthropods, excluding any product that is:
    (1) For agricultural use; or
    (2) A restricted use pesticide.
    Insecticide fogger means any insecticide product designed to 
release all or most of its content as a fog or mist into indoor areas 
during a single application. Floggers may target a variety of pests 
including (but not limited to) fleas and ticks, crawling insects, lawn 
and garden pests, and flying insects. Foggers are not subject to the 
specific VOC limitations or other categories of insecticides list in 
table 1 of this subpart.
    Institutional product means a consumer product that is designed for 
use in the maintenance or operation of an establishment that 
manufactures, transports, or sells goods or commodities, or provides 
services for profit; or is engaged in the nonprofit promotion of a 
particular public, educational, or charitable cause. ``Establishments'' 
include, but are not limited to, government agencies, factories, 
schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, 
automobile service and parts centers, health clubs, theaters, or 
transportation companies. ``Institutional product'' does not include 
household products and products that are incorporated into or used 
exclusively in the manufacture or construction of the goods or 
commodities that are produced by the establishment.
    Institutional use means use within the confines of or on property 
necessary for the operation of buildings' including, but not limited 
to, government agencies, factories, sanitariums, prisons, restaurants, 
hotels, stores, automobile service and parts centers, health clubs, 
theaters, transportation companies, hospitals, schools, libraries, 
auditoriums, and office complexes.
    Label means any written, printed, or graphic matter affixed to, 
applied to, attached to, blown into, formed, molded into, embossed on, 
or appearing upon any consumer product package for purposes of 
branding, identifying, or giving information with respect to the 
product or to the contents of the package.
    Laundry prewash means a product that is designed for application to 
a fabric prior to laundering and that supplements and contributes to 
the effectiveness of laundry detergents and/or provides specialized 
performance.
    Laundry starch product means a product that is designed for 
application to a fabric, either during or after laundering, to impart 
and prolong a crisp look and may also facilitate ironing of the fabric. 
``Laundry starch product'' includes, but it not limited to, fabric 
finish, sizing, and starch.
    Lawn and garden insecticide means an insecticide product designed 
primarily to be used in household lawn and garden areas to protect 
plants from insects or other arthropods.
    Liquid means a substance or mixture of substances that flows 
readily, but, unlike a gas, does not expand

[[Page 48834]]

indefinitely (i.e., a substance with constant volume but not constant 
shape). ``Liquid'' does not include powders or other materials that are 
composed entirely of solid particles.
    Manufacturer means any person who manufacturers or processes a 
consumer product. Manufacturers include:
    (1) Processors who blend and mix consumer products,
    (2) Contract fillers who develop formulas and package these 
formulas under a distributor's label;
    (3) Contract fillers who manufacture products using formulas 
provided by a distributor; and
    (4) Distributors who specify formulas to be used by a contract 
filler or processor.
    Nail polish remover means a product designed to remove nail polish 
or coatings from fingernails or toenails.
    Nonagricultural pesticide means and includes any substance or 
mixture of substances that is a pesticide as defined in section 2(u) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-
136y).
    Nonresilient flooring means floor of a mineral content that is not 
flexible. ``Nonresilient flooring'' includes, but is not limited to, 
terrazzo, marble, slate, granite, brick, stone, ceramic tile, and 
concrete.
    Oven cleaner means any cleaning product designed to clean and to 
remove dried food deposits from oven interiors.
    Person means an individual corporation, partnership, association, 
State, any agency, department, or instrumentality of the United States, 
and any officer, agent, or employee thereof.
    Principal display panel(s) means that part, or those parts, of a 
label that are so designed as to most likely be displayed, presented, 
shown, or examined under normal and customary conditions of display or 
purchase. Whenever a principal display panel appears more than once, 
all requirements pertaining to the ``principal display panel'' shall 
pertain to all such ``principal display panels.''
    Product category means that applicable category which best 
describes the product as listed in tables 1 or 2 of this subpart and 
which appears on the product's principal display panel.
    Product form means the form that most accurately describes the 
product's dispensing from including aerosols, gels, liquids, pump 
sprays, and solids.
    Pump spray means a packaging system in which the product 
ingredients are expelled only while a pumping action is applied to a 
button, trigger, or other actuator. Pump spray product ingredients are 
not under pressure.
    Representative consumer product means a consumer product that is 
subject to the same VOC limit in Sec. 59.203 as the innovative product.
    Restricted use pesticide means a pesticide that has been classified 
for restricted use under the provisions of section 3(d) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y).
    Shaving cream means an aerosol product that dispenses a foam lather 
intended to be used with a blade or cartridge razor, or other wet-
shaving system in the removal of facial or other body hair.
    Single-phase aerosol air freshener means an aerosol air freshener 
with liquid contents in a single homogeneous phase that does not 
require that the product container be shaken before use.
    Solid means a substance or mixture of substances that does not flow 
or expand readily (i.e., a substance with constant volume such as the 
particles constituting a powder). ``Solid'' does not include liquids or 
gels.
    Spray buff product means a product designed to restore a worn floor 
finish in conjunction with a floor buffing machine and special pad.
    Structural waterproof adhesive means an adhesive whose bond lines 
are resistant to conditions of continuous immersion in fresh or salt 
water, and that conforms with Federal Specification MMM-A-181 (Type 1, 
Grade A), and MIL-A-4605 (Type A, Grade A and Grade C).
    Underarm antiperspirant means any aerosol product that is intended 
by the manufacturer to be used to reduce perspiration in the human 
axilla by at least 20 percent in at least 50 percent of a target 
population.
    Underarm deodorant means any aerosol product that is intended by 
the manufacturer to be used minimize odor in the human axilla by 
retarding the growth of bacteria that cause the decomposition of 
perspiration.
    United States means the United States of America, including the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, American Samoa, and the Commonwealth of the Northern 
Mariana Islands.
    Usage directions means the text or graphics on the consumer 
product's label or accompanying literature that describes to the end 
user how and in what quantity the product is to be used.
    Volatile organic compound or VOC means any compound that meets the 
definition of a VOC, as defined under 40 CFR part 51, subpart F, and in 
subsequent amendments.
    Wasp and hornet insecticide means any insecticide product that is 
designed for use against wasps, hornets, yellow jackets, or bees by 
allowing the user to spray a high-volume directed stream or burst from 
a safe distance at the intended pest or its hiding place.
    Wax means an organic mixture or compound with low melting point and 
high molecular weight, which is solid at room temperature. Waxes are 
generally similar in composition to fats and oils except that they 
contain no glycerides. ``Wax'' includes, but is not limited to, 
substances such as carnauba wax, lanolin, and beeswax derived from the 
secretions of plants and animals; substances of a mineral origin such 
as ozocerite, montan, and paraffin; and synthetic substances such as 
chlorinated naphthalenes and ethylenic polymers.
    Wood floor wax means wax-based products for use solely on wood 
floors.


Sec. 59.203  Standards for consumer products.

    (a) The manufacturer or importer of any consumer product subject to 
this subpart small ensure that the VOC content levels in table 1 of 
this subpart and HVOC content levels in table 2 of this subpart are not 
exceeded for any consumer product manufactured or imported on or after 
December 10, 1998, except as provided in paragraphs (b) and (c) of this 
section, or in Secs. 59.204 or 59.206.
    (b) For consumer products for which the label, packaging, or 
accompanying literature specifically states that the product should be 
diluted prior to use, the VOC content limits specified in paragraph (a) 
of this section shall apply to the product only after the minimum 
recommended dilution has taken place. For purposes of this paragraph, 
``minimum recommended dilution'' shall not include recommendations for 
incidental use of a concentrated product to deal with limited special 
applications such as hard-to-remove soils or stains.
    (c) For those consumer products that are registered under the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section 
136-136y) (FIFRA), the compliance date of the VOC standards specified 
in paragraph (a) of this section is December 10, 1999.
    (d) The provisions specified in paragraphs (d)(1) through (d)(4) of 
this section apply to charcoal lighter materials.
    (1) No person shall manufacture or import any charcoal lighter 
material after December 10, 1998 that emits, on average, greater than 9 
grams of VOC per

[[Page 48835]]

start, as determined by the procedures specified in Sec. 59.208.
    (2) The regulated entity for a charcoal lighter material shall 
label the product with usage directions that specify the quantity of 
charcoal lighter material per pound of charcoal that was used in the 
testing protocol specified in Sec. 59.208 for that product unless the 
provisions in either paragraph (e)(2)(i) or (e)(2)(ii) of this section 
apply.
    (i) The charcoal lighter material is intended to be used in fixed 
amounts independent of the amount of charcoal used, such as paraffin 
cubes; or
    (ii) The charcoal lighter material is already incorporated into the 
charcoal, such as certain ``bag light,'' ``instant light,'' or ``match 
light'' products.
    (3) Records of emission testing results for all charcoal lighter 
materials must be made available upon request to the Administrator for 
enforcement purposes within 30 days of receipt of such requests.
    (4) If a manufacturer or importer has submitted records of emission 
testing of a charcoal lighter material to a State or local regulatory 
agency, such existing records may be submitted under paragraph (d)(3) 
of this section in lieu of new test data, provided the product 
formulation is unchanged from that which was previously tested. Such 
previous testing must have been conducted in accordance with the test 
protocol described in Sec. 59.208 or a test protocol that is approved 
by the Administrator as an alternate.
    (e) Fragrances incorporated into a consumer product up to a 
combined level of 2 weight-percent shall not be included in the weight-
percent VOC calculation.
    (f) The VOC content limits in table 1 of this subpart shall not 
include any VOC that:
    (1) Has a vapor pressure of less than 0.1 millimeters of mercury at 
20 degrees Celsius; or
    (2) Consists of more than 12 carbon atoms, if the vapor pressure is 
unknown; or
    (3) Has a melting point higher than 20 degrees Celsius and does not 
sublime (i.e., does not change directly from a solid into a gas without 
melting), if the vapor pressure is unknown.
    (g) The requirements of paragraph (a) of this Section shall not 
apply to those VOC in antiperspirants or deodorants that contain more 
than 10 carbon atoms per molecule and for which the vapor pressure is 
unknown, or that have a vapor pressure of 2 millimeters of mercury or 
less at 20 degrees Celsius.
    (h) a manufacturer or importer may use the vapor pressure 
information provided by the raw material supplier as long as the 
supplier uses a method to determine vapor pressure that is generally 
accepted by the scientific community.
    (i) For hydrocarbon solvents that are complex mixtures of many 
different compounds and that are supplied on a specification basis for 
use in a consumer product, the vapor pressure of the hydrocarbon blend 
may be used to demonstrate compliance with the VOC content limits of 
this section. Identification of the concentration and vapor pressure 
for each such component in the blend is not required for compliance 
with this subpart.


Sec. 59.204   Innovative product provisions.

    (a) Upon notification to the Administrator, a consumer product that 
is subject to this subpart may exceed the applicable limit in table 1 
or 2 of this subpart if the regulated entity demonstrates that, due to 
some characteristic of the product formulation, design, delivery 
systems, or other factors, the use of the product will result in equal 
or less VOC emissions that specified in paragraph (a)(1) or (a)(2) of 
this section.
    (1) The VOC emissions from a representative consumer product, as 
described in Sec. 59.202, that complies with the VOC standards 
specified in Sec. 59.203(a); or
    (2) The calculated VOC emissions from a noncomplying representative 
product, if the product had been reformulated to comply with the VOC 
standards specified in Sec. 59.203(a). The VOC emissions shall be 
calculated by using Equation 1.
[GRAPHIC] [TIFF OMITTED] TR11SE98.002

Where
ER=The VOC emissions from the noncomplying representative 
product, had it been reformulated.
ENC=The VOC emissions from the noncomplying representative 
product in its current formulation.
VOCSTD=The VOC standard specified in Sec. 59.203(a).
VOCNC=The VOC content of the noncomplying product in its 
current formulation.

    (b) If a regulated entity demonstrates to the satisfaction of the 
Administrator that the equation in paragraph (a)(2) of the this section 
yields inaccurate results due to some characteristic of the product 
formulation or other factors, an alternate method that accurately 
calculates emissions may be used upon approval of the Administrator.
    (c) A regulated entity shall notify the Administrator in writing of 
its intent to enter into the market an innovative product meeting the 
requirements of paragraph (a) of this section. The Administrator must 
receive the written notification by the time the innovative product is 
available for sale or distribution to consumers. Notification shall 
include the information specified in paragraph (c)(1) and (c)(2) of 
this section.
    (1) Supporting documentation that demonstrates the emissions form 
the innovate product, including the actual physical test methods used 
to generate the data and, if necessary, the consumer testing undertaken 
to document product usage;
    (2) Any information necessary to enable the Administrator to 
establish enforceable conditions for the innovative product, including 
the VOC content of the innovative product expressed as a weight-
percentage, and test methods for determining the VOC content.
    (d) At the option of the regulated entity, the regulated entity may 
submit a written request for the Administrator's written concurrence 
that the innovative product fulfills the requirements of paragraph (a) 
of this section. If such a request is made, the Administrator will 
respond as specified in paragraphs (d)(1) through (d)(3) of this 
section.
    (1) The Administrator will determine within 30 days of receipt 
whether the documentation submitted in accordance with paragraph (d) of 
this section is complete.
    (2) The Administrator will determine whether the innovative product 
shall be exempt from the requirements of Sec. 59.203(a) within 90 days 
after an application has been deemed complete. The applicant and the 
Administrator may mutually agree to a longer time period for reaching a 
decision, and additional supporting documentation may be submitted by 
the applicant before a decision has been reached. The Administrator 
will notify the applicant of the decision in writing and specify such 
terms and conditions that are necessary to insure that emissions from 
the product will meet the emissions reductions specified in paragraph 
(a) of this section, and that such emissions reductions can be 
enforced.
    (3) If an applicant has been granted an exemption to a State or 
local regulation for an innovative product by a State or local agency 
whose criteria for exemption meet or exceed those provided for in this 
section, the applicant may submit the factual basis for such an 
exemption as part of the documentation required under paragraph (d) of 
this section. In such case, the Administrator will make the

[[Page 48836]]

determination required under this paragraph within 45 days after the 
applications is considered complete.
    (e) In granting an exemption for a product, the Administrator will 
establish conditions that are enforceable. These conditions may include 
the VOC content of the innovative product, dispensing rates, 
application rates, and any other parameters determined by the 
Administrator to be necessary. The Administrator will also specify the 
test methods for determining conformance to the conditions established, 
including criteria for reproducibility, accuracy, and sampling and 
laboratory procedures.
    (f) For any product for which an exemption has been granted 
pursuant to this section, the regulated entity to whom the exemption 
was granted shall notify the Administrator in writing within 30 days 
after any change in the product formulation or recommended product 
usage directions, and shall also notify the Administrator within 30 
days after the regulated entity learns of any information that would 
alter the emissions estimates submitted to the Administrator in support 
of the exemption application.
    (g) If lower VOC content limits are promulgated for a product 
category through any subsequent rulemaking, all exemptions granted 
under this section for products in the product category shall no longer 
apply unless the innovative product has been demonstrated to have VOC 
emissions less than the applicable revised VOC content limits.
    (h) If the Administrator determines that a consumer product for 
which an exemption has been granted no longer meets the VOC emissions 
criteria specified in paragraph (a) of this section for an innovative 
product, the Administrator may modify or revoke the exemption as 
necessary to assure that the product will meet these criteria. The 
Administrator will not modify or revoke an exemption without first 
affording the applicant an opportunity for a public hearing to 
determine if the exemption should be modified or revoked.


Sec. 59.205  Labeling.

    (a) The container or package of each consumer product that is 
subject to this subpart shall clearly display the day, month, and year 
on which the product was manufactured, or a code indicating such date. 
The requirements of this provision shall not apply to products that are 
offered to consumers free of charge for the purposes of sampling the 
product.
    (b) In addition, the container or package for each charcoal lighter 
material that is subject to this subpart shall be labeled according to 
the provisions of Sec. 59.203(d)(2).


Sec. 59.206   Variances.

    (a) Any regulated entity who cannot comply with the requirements of 
this subpart because of extraordinary circumstances beyond reasonable 
control may apply in writing to the Administrator for a variance. The 
variance application shall include the information specified in 
paragraph (a)(1) through (a)(3) of this section.
    (1) The specific grounds up on which the variance is sought,
    (2) The proposed date(s) by which compliance with the provisions of 
this subpart will be achieved. Such date(s) shall be no later than 5 
years after the issuance of a variance; and
    (3) A compliance plan detailing the method(s) by which compliance 
will be achieved.
    (b) Upon receipt of a variance application containing the 
information required in paragraph (a) of this section, the 
Administrator will publish a notice of such application in the Federal 
Register and, if requested by any party, will hold a public hearing to 
determine whether, under what conditions, and to what extent, a 
variance from the requirements of this subpart is necessary and will be 
granted. If requested, a hearing will be held no later than 75 days 
after receipt of a variance application. Notice of the time and place 
of the hearing will be sent to the applicant by certified mail not less 
than 30 days prior to the hearing. At least 30 days prior to the 
hearing, the variance application will be made available to the public 
for inspection. Information submitted to the Administrator by a 
variance applicant may be claimed as confidential. The Administrator 
may consider such confidential information in reaching a decision on a 
variance application. Interested members of the public will be allowed 
a reasonable opportunity to testify at the hearing.
    (c) The Administrator will grant a variance if the criteria 
specified in paragraphs (c)(1) and (c)(2) of this section are met.
    (1) If there are circumstances beyond the reasonable control of the 
applicant so that complying with the provisions of this subpart by the 
compliance date would not be technologically or economically feasible, 
and
    (2) The compliance plan proposed by the applicant can be 
implemented and will achieve compliance as expeditiously as possible.
    (d) Any variance order will specify a final compliance date by 
which the requirements of this subpart will be achieved and increments 
of progress necessary to assure timely compliance.
    (e) A variance shall cease to be effective upon failure of the 
regulated entity to comply with any term or condition of the variance.
    (f) Upon the application of any party, the Administrator may 
review, and for good cause, modify or revoke a variance after holding a 
public hearing in accordance with the procedures described in paragraph 
(b) of this section.


Sec. 59.207  Test methods.

    Each manufacturer or importer subject to the provisions of 
Sec. 59.203(a) shall demonstrate compliance with the requirements of 
this subpart through calculation of the VOC content using records of 
the amounts of constituents used to manufacture the product.


Sec. 59.208  Charcoal lighter material testing protocol.

    (a) Each manufacturer or importer of charcoal lighter material 
subject to this subpart shall demonstrate compliance with the 
applicable requirements of Sec. 59.203(d) using the procedures 
specified in this section. Any lighter material that has received 
certification from California South Coast Air Quality Management 
District (SCAQMD) under their Rule 1174, Ignition Method Compliance 
Certification Testing Protocol, will be considered as having 
demonstrated compliance with the applicable requirements of this 
subpart using the procedures in this section.
    (b) The manufacturer or importer shall obtain from the testing 
laboratory conducting the testing, a report of findings, including all 
raw data sheets/charts and laboratory analytical data. The testing must 
demonstrate that VOC emissions resulting from the ignition of the 
barbecue charcoal are, on average, less than or equal to 9 grams per 
start. The manufacturer or importer shall maintain the report of 
findings.
    (c) When a charcoal lighter material does not fall within the 
testing guidelines of this protocol, the protocol may be modified 
following a determination by the Administrator that the modified 
protocol is an acceptable alternative to the method described in this 
section and written approval of the Administrator.
    (d) Meteorological and environmental criteria. (1) Testing shall be 
conducted under the following conditions:
    (i) Inlet combustion air temperature is 16 to 27 degrees Celsius 
(60 to 80

[[Page 48837]]

degrees Fahrenheit) with a relative humidity of 20 to 80 percent;
    (ii) The charcoal and lighter material are stored 72 hours before 
testing in a location with a relative humidity between 45 and 65 
percent, and a temperature between 18 and 24 degrees Celsuis (65 to 75 
degrees Fahrenheit); and
    (iii) The outside wind speed, including gusts, may be no more than 
16 kilometers per hour (10 miles per hour) if the test stack is 
exhausted outdoors, or, if the test stack is exhausted indoors, indoor 
air must be stagnant.
    (2) Temperature and relative humidity of the combustion air shall 
be continuously monitored during the test. Temperature and relative 
humidity of the place where the charcoal and lighter material are 
stored prior to the test shall be monitored and recorded during the 72 
hours immediately prior to the test. If the stack is exhausted 
outdoors, the continuous outdoor wind speed monitor shall be observed 
or recorded continuously during testing. If the wind speed monitor is 
manually observed rather than electronically recorded, the maximum wind 
speed observed during the test shall be recorded.
    (e) Definitions. For the purposes of this test protocol, the 
following definitions shall apply:
    (1) Baseline VOC emissions (Eb) means the 3.6 grams 
(0.008 pounds) per start of subject VOC mass emissions (calculated as 
CH2) resulting from the ignition of charcoal by electric 
probe.
    (2) Emission limit for VOC means 9 grams per start of resultant VOC 
emissions (Er), (expressed as CH2).
    (3) Equivalent means equipment that has been demonstrated to meet 
or exceed the performance, design, and operation specifications of the 
prescribed equipment. A demonstration that equipment or a test method 
is a suitable alternative requires written approval from the 
Administrator prior to compliance testing, based on an evaluation of 
comparative performance specifications and/or actual performance test 
data.
    (4) Ignition means the ready-to-cook condition of the charcoal 
determined by the temperature above the charcoal, the organic vapor 
concentration measured by the continuous organic emission monitor, and 
percent ash.
    (5) Ignition VOC emissions (eI)--means the grams 
(pounds) per start of total subject VOC mass emissions (expressed as 
CH2) resulting from the ignition of charcoal by the lighter 
material undergoing evaluation, including both charcoal and lighter 
material emissions.
    (6) labeled directions means those directions affixed to the 
charcoal lighter material which specify:
    (1) The amount of lighter material to use per kilogram (or pound) 
of charcoal, unless the lighter material is already impregnated or 
treated in the charcoal;
    (2) How to use or apply the lighter material; and
    (3) How and when to light the lighter material.
    (7) Percent ash means a qualitative observation of the ratio of 
visible charcoal surface area ignited (grayish/white ash) to total 
charcoal surface area times 100.
    (8) Reference VOC emissions (Eep)--means the grams 
(pounds) per start of subject VOC mass emissions (calculated as 
CH2) resulting from the ignition of charcoal by the 
reference electric probe during the testing.
    (9) Resultant VOC emissions (Er)--means the ignition VOC 
emission (EI) less the reference VOC emissions 
(Eep) plus baseline emissions (Eb).
    (10 Start means a 25-minute period commencing from the instant that 
emissions may be released from the lighter material, either by 
evaporation or combustion, and further characterized such that by the 
end of said 25-minute period, ignition is achieved.
    (f) Test structure, equipment specifications, and reference 
materials. (1) The test structure is to be located in a building or 
fabricated total enclosure (i.e., with enclosed sides and top). The 
enclosure shall be such that there are no constant or intermittent air 
flows within it that cause fluctuations in the stack velocity and/or 
disruptions of air flow patterns within the test chamber containing the 
reference grill . (WARNING: If the stack is vented into the building 
enclosure, caution must be taken to avoid carbon monoxide poisoning and 
the reduction of oxygen.)
    (2) Test structure components. The following test structure 
components, as shown in figures 1 and 2 of Appendix A of this subpart, 
shall be used:
    (i) Test chamber--Standard large, prefabricated fireplace 
manufactured by Marco,\1\ Model No. C41CF, with flue damper 
removed; or a fabricated structure with the same dimensions. Spacers 
are required at the rear of the test chamber to ensure a constant 5-
centimeter (2-inch) distance between the reference grill and the rear 
wall of the test chamber.
---------------------------------------------------------------------------

    \1\Note: Mention of trade names or specific products does not 
constitute endorsement by the EPA.
---------------------------------------------------------------------------

    (ii) Test stack--25-centimeter (10-inch) diameter galvanized steel 
ducting with velocity traverse port holes located approximately 8 
diameters downstream from the stack outlet of the fireplace chamber and 
sampling ports located approximately 2\1/2\ diameters downstream of the 
velocity traverse ports.
    (iii) Fan--25-centimeter (10-inch) diameter axial fan (duct fan) 
capable of maintaining an air velocity of 140  9 meters per 
minute (450  30 feet per minute) and located in the stack 
approximately 3 diameters downstream of the sampling ports.
    (iv) Test stack insulation--The stack shall be insulated with 
fiberglass blanket insulation (or equivalent) with a minimum R-value of 
6.4, that totally surrounds the stack from the top of the fireplace to 
the level of the blower which minimizes temperature gradients in the 
stack and prevents hydrocarbons from condensing on the stack wall.
    (v) Stack mounts--Supports for fixing in position the stack 
velocity measurement device for measuring reference point velocity 
readings and the continuous organic emission monitor probe/meter.
    (vi) Blower speed control--A rheostat for controlling voltage to 
the fan.
    (3) Test equipment and materials. The following test equipment and 
materials shall be used:
    (i) Continuous recording device--A YEW model 4088 dot 
matrix, roster scanning chart recorder, Omega strip recorder with a 
Strawberry Tree Data Acquisition System, or equivalent, shall be used 
to continuously (6-second cycle) record temperatures, velocity, and 
continuous organic emission monitor output signals. The recording may 
be done manually, recording temperature using a digital potentiometer 
(20-second intervals), reference point velocity with a Pitot tube (20-
second intervals), and continuous organic emission monitor readings 
with the analyzer's meter (10-second intervals).
    (ii) Grill temperature probe--A type ``K'' thermocouple silver 
soldered to a 7.6 centimeter (3-inch) square brass plate 0.083-
centimeter (0.033 inches) thick painted flat black using high 
temperature (> 370 degrees Celsius [> 700 degrees Fahrenheit]) paint; 
set on an adjustable stand to maintain 11 centimeters (4.5 inches) 
above the maximum height of the briquette pile and made such that it 
can be removed and replaced within the chamber.
    (iii) Stack temperature probe--The Kurz digital air 
velocity meter or a type ``K'' thermocouple shall be used.
    (iv) Stack velocity measurement device--The velocity in meters 
(feet) per minute for the reference point using a Kurz 
digital air velocity meter, Davis

[[Page 48838]]

DTA 4000 vane anemometer, or equivalent to method 1A of 40 CFR part 60, 
appendix A.
    (v) Continuous organic emissions monitor--Century Model 
128 Organic Vapor Analyzer, Ratfisch RS55 total hydrocarbon 
analyzer, or equivalent, with response in parts per million (ranges 0 
to 10 parts per million, 0 to 100 parts per million, 0 to 1,000 parts 
per million).
    (vi) Temperature and humidity monitor--A chart recorder type with 
humidity accuracy of  3 percent from 15 to 85 percent.
    (vii) Wind speed and direction monitor--A wind speed and direction 
device meeting a tolerance of  10 percent.
    (viii) Analytical balance--An electronic scale with a resolution of 
a  2 grams.
    (ix) Charcoal stacking ring--Rigid metal cylinder 21.6 centimeters 
(8.5 inches) in diameter with indicators to determine that the pile of 
briquettes does not exceed 12.7 centimeters (5 inches) in height.
    (x) Camera--To document ignition condition of charcoal at the end 
of each start.
    (xi) Particulate filter--Nupro inline filter, Catalog 
Number SS-4FW-2 with 0.64 centimeter (\1/4\-inch) Swagelok inlet and 
outlet or equivalent.
    (xii) Barbecue Grill--The charcoal shall be ignited in a 
Weber ``Go Anywhere'' barbecue grill (Model Number #121001), 
39.4 centimeters  x  24 centimeters  x  12.7 centimeters (15.5 inch  x  
9.5 inch  x  5.0 inch) with the grate 4.4 centimeters (1.75 inches) 
above the bottom of the grill, or another grill that meets these 
specifications. The grill shall be set on its bottom when placed in the 
test chamber and all grill air vents shall be in full open position.
    (xiii) Electric probe--A 600-watt electric probe shall be used for 
electric probe ignition tests.
    (xiv) Untreated charcoal--The laboratory conducting the testing 
shall purchase ``off the shelf'' untreated charcoal from a retail 
outlet. Charcoal shall not be provided by the manufacturer of the 
charcoal lighter material to be tested or by the charcoal manufacturer. 
The charcoal to be used is Kingsford ``Original Charcoal 
Briquets.'' All untreated charcoal used in the certification testing of 
a single ignition source is to come from the same lot as indicated by 
the number printed on the bag.
    (xv) Treated or impregnated charcoal--If the charcoal lighter 
material to be tested is a substance used to treat or impregnate 
charcoal, the regulated entity shall provide to the laboratory 
conducting the tests a sample of impregnated charcoal. The sample shall 
be impregnated or treated barbecue charcoal that is ignited either 
outside of package or ignited by the package. If commercially 
available, the independent testing laboratory conducting the test shall 
purchase ``off the shelf'' from a retail outlet.
    (g) Sampling and analytical methods. (1) Gas volumetric flow rate. 
Conduct a full velocity traverse using the stack velocity measurement 
device as shown in figure 3 of this Appendix A to this Subpart, or use 
Method 1A of 40 CFR part 60, appendix A. Continuously record a velocity 
reference point reading during each test run using a chart recorder or 
once every 20 seconds if using Method 1A. Calculate the volumetric flow 
rate using the gas velocity, moisture content, and the stack cross-
sectional area. For the purposes of this protocol, the static pressure 
shall be assumed to be atmospheric, the molar density correction factor 
in the stack to be 1.0, and the moisture content to be 2 percent.
    (2) Integrated VOC sample. Collect integrated VOC gas samples at 
the sampling port in the exhaust stack using a 40 CFR part 60, appendix 
A, Method 25 Total Combustion Analysis (TCA) sampling apparatus 
consisting of two evacuated 9-liter tanks, each equipped with flow 
controllers, vacuum gauges, and probes, as shown in figure 4 of 
Appendix A of this Subpart. Use 40 CFR part 60, appendix A, Method 25, 
SCAQMD Method 25.1 (incorporated by reference--Sec. 59.213 of this 
subpart), or equivalent, for analysis. Carbon monoxide, carbon dioxide, 
methane, and non-methane organic carbon are analyzed by the TCA and 
TCA/Flame Ionization Detector (FID) methods. Oxygen content is 
determined by gas chromatography using a thermal conductivity detector. 
Clean particulate filters between use by heating to 760 degrees Celsius 
(1400 degrees Fahrenheit) while using compressed air as a carrier for 
cleaning and purging.
    (3) Continuous organic emissions monitor. A continuous organic 
emissions monitor which uses a continuous FID shall be used for each 
test run to measure the real time organic concentration of the exhaust 
as methane. Record the emission monitor response in parts per million 
continuously during the sampling period using a chart recorder or at 
least once every 10 seconds. The VOC analyzer shall be operated as 
prescribed in the manufacturer's directions unless otherwise noted in 
this protocol.
    (h) Pretest procedure. (1) Charcoal lighter material--charcoal. 
Before each test run, remove charcoal from a sealed bag that has been 
stored for at least 72 hours in a humidity and temperature controlled 
room which satisfies the requirements of paragraph (d)(1) of this 
section and weight out 0.9 kilograms (2 pounds) of charcoal briquettes, 
to the nearest whole briquette over 0.9 kilograms (2 pounds), of 
uniform shape with no broken pieces using an analytical balance. Reseal 
the bag. Charcoal must be ignited within 10 minutes after removal from 
bag. A sealed or resealed bag of charcoal cannot be stored at the test 
site for greater than 45 minutes. It must be returned to a humidity and 
temperature controlled room from 72 hours. The lighter material must be 
purchased, stored, weighed, and handled the same as the barbecue 
charcoal.
    (i) For the reference VOC emission tests using an electric probe, 
place a single layer of charcoal, slightly larger than the area/circle 
of the electric probe heating element, onto the grate. Place the 
heating element on top of this first layer and cover the heating 
element with the remaining charcoal briquettes.
    (ii) For the ignition VOC emissions tests, arrange the briquettes 
on the barbecue grate in the manner specified by the ignition 
manufacturer's directions. If these manufacturer's directions do not 
specify a stacking arrangement for the briquettes, randomly stack the 
briquettes in a pile using the stacking ring described in paragraph 
(f)(3)(ix) of this section.
    (2) Charcoal lighter material--or impregnated charcoal. Store, 
handle, weigh, and stack barbecue charcoal that is designed to be lit 
without the packaging, the same as in paragraph (h)(1) of this section. 
For those products which require both the package and charcoal be lit, 
weigh the whole package--do not remove charcoal. Weigh an empty package 
(not the same one to be used during the test).
    Subtract the package weight from the overall weight of the package 
and charcoal. The full package and empty package must be stored, 
handled, and weighed the same as in paragraph (h)(1) of this section. 
If the difference (the charcoal weight) is between 0.7 to 1.4 kilograms 
(1.5 to 3.0 pounds), the test may proceed. The emissions measured (E) 
in Equation 5 of paragraph (k)(7) of this section must be adjusted to a 
0.9 kilogram (2-pound) charge. Place packaged barbecue charcoal on the 
grate in the manner specified by the manufacturer's directions.
    (3) Initial meteorological and environmental criteria in paragraph 
(d) shall be complied with.

[[Page 48839]]

    (4) The stack velocity must be set before each day of testing at 
140  9 meters per minute (450  30 feet per 
minute) by performing a velocity traverse as specified in paragraph 
(g)(1) of this section. The velocity will be attained by adjusting the 
axial fan speed using a rheostat.
    (5) The fireplace shall be conditioned at the start of each day 
before sampling tests by using a grill ignited by the electric probe. 
If a time period of over 60 minutes between sampling test runs occur, 
the condition step must be repeated.
    (6) Before each test run, leak check the continuous organic 
emissions monitor by blocking the flow to the probe. Allow the 
instrument to warm up for the duration specified by the manufacturer's 
directions. Select the 0 to 100 parts per million range. Check the 
battery level and hydrogen pressure. Zero with hydrocarbon-free air 
(<0.1 parts per million hydrocarbons as methane) span with 90 parts per 
million methane in ultra pure air. Zero and span another instrument 
selection range if needed for test purposes.
    (7) Before the testing program begins, establish a point of average 
concentration of organics in the stack by using a continuous organic 
emissions monitor and a grill with charcoal ignited by the electric 
probe 40 minutes after initial release of emissions. Record the 
continuous organic emissions monitor traverse data.
    (8) Prepare the integrated VOC sampling equipment and perform the 
required leak checks. Fit the probes with nozzles housing two micron 
particulate filters. Insert the probes and nozzles into the sampling 
port to draw a sample of the exhaust gas from the point of average 
organic concentration as determined from the continuous organic 
emissions monitor sample traverse described in paragraph (h)(4) of this 
section. Also, position the nozzles such that they point downstream in 
the stack. Obtain the samples concurrently and continuously over the 
test run.
    (9) Insert the continuous organic emissions monitor probe into the 
sampling port to draw a sample of the exhaust gas from the point of 
average organic concentration as determined from the continuous organic 
emissions monitor sample traverse described in paragraph (h)(7) of this 
section.
    (i) Test procedure. The labeled directions, as defined in paragraph 
(e) of this section, shall be followed throughout the course of the 
testing. In cases where the directions are incompatible with this 
protocol, circumvent the intent of this protocol, or are unclear 
(subject to different interpretations) and inadequate, the 
Administrator must be informed in writing of the nature of the 
conflict, as well as the proposed resolution, prior to commencing 
testing. When the labeled directions for a charcoal lighter material do 
not fall within the testing guidelines of this protocol, the protocol 
may only be modified upon written approval of the Administrator.
    (1) Place the bottom of the barbecue grill on the floor of the 
fireplace, 5 centimeters (2 inches) from the rear wall. Ignite charcoal 
as specified by manufacturer's labeled directions.
    (2) For electric probe ignition, carefully remove probe without 
disturbing charcoal after 10 minutes of operation.
    (3) For fluid ignition, simultaneously match light fluid on 
charcoal and fluid that has fallen to the bottom of the grill.
    (4) Place the grill temperature probe 11 centimeters (4.5 inches) 
above the top of the charcoal immediately after the charcoal lighter 
material flame goes out, or before, if the lighter material does not 
flame.
    (5) Conduct at least six test runs for both the electric probe 
ignition and for the lighter material being evaluated. Alternate these 
lighter material for all 12 runs. All runs must be conducted over 3 
consecutive days or less. Alternatively, baseline emissions testing 
(using the electric probe) may be applied to other test runs provided 
the test runs occur within 4 months of the baseline testing. Integrated 
VOC sampling and continuous organic emissions monitoring begin for each 
test run when the charcoal lighter material and/or materials start to 
generate/release organics (this will be the time of pouring for lighter 
fluids and the time of ignition for most other ignition sources). 
Option: Because the manufacturer of treated or impregnated charcoal 
supplies both the lighter material and barbecue charcoal, they may 
apply the 9 grams VOC per start emission limit as an absolute value 
without an adjustment for the VOC emissions from an electric probe.
    (6) Sampling ends for each test run when all the following 
conditions are met:
    (i) The temperature 11 centimeters (4.5 inches) above the maximum 
height of the briquette pile, using the grill temperature probe 
described in paragraph (d)(3)(ii) of this section, is at least 93 
degrees Celsius (200 degrees Fahrenheit);
    (ii) The continuous organic emissions monitor is reading below 30 
parts per million for at least 2 minutes;
    (iii) The test sampling has continued for 25 minutes (but not more) 
and
    (iv) The charcoal surface is 70 percent covered with ash (to be 
documented with photograph on top and 60 degrees above the horizon).
    (7) During the sampling test runs, temperatures (excluding ambient) 
and continuous organic emission monitor readings shall be recorded and 
shall comply with the requirements in paragraph (b) of this section. 
Humidity, wind speed, and ambient temperature readings shall be 
monitored and shall comply with the requirements in paragraph (b) of 
this section.
    (8) Collect one blank sample for VOC and one ambient air sample 
during one run of each day per paragraph (k) of this section.
    (J) Post-run procedure. (1) Record temperatures (including 
ambient), humidity, wind speed, and continuous organic emissions 
monitor reading.
    (2) Record the drift using zero and span gases. Leak check and span 
the continuous organic emissions monitor as described in paragraph 
(h)(6) of this section for the next run.
    (3) Leak check and disassemble the integrated VOC sampling 
equipment as described in Method 25 of 40 CFR part 60, appendix A or 
SCAQMD Method 25.1 (incorporated by reference--see Sec. 59.213 of this 
subpart), or equivalent.
    (4) Thoroughly clean grill surfaces of all residue before 
conducting next ignition run.
    (k) Calculations. Calculations shall be carried out to at least one 
significant digit beyond that of the acquired data, and then rounded 
off after final calculation to two significant digits for each run. All 
rounding off of numbers should be in accordance with the American 
Society for Testing and Materials (ASTM) E 380-93, Standard Practice 
for Use of the SI International System of Units, procedures 
(incorporated by reference--see Sec. 59.213 of this subpart).
    (1) Calculate the average stack reference point temperature during 
sampling (tsr).
    (2) Calculate the average measured velocities (in meters per minute 
[feet per minute]): Traverse (ut), traverse reference point 
(utr), and reference point during sampling (usr).
    (3) Calculate the corrected average sampling velocity 
(us) by applying Equation 2:
[GRAPHIC] [TIFF OMITTED] TR11SE98.003

    (4) Calculate the average flow rate (Qs) in cubic meters 
per minute (cubic feet per minute) by applying Equation 3:
[GRAPHIC] [TIFF OMITTED] TR11SE98.004


[[Page 48840]]


Where

A=Duct cross-sectional area, (square meters [square feet]
(5) Correct the flow rate to dry standard conditions (Qds) 
by applying Equation 4. Assume the static pressure to be atmospheric 
and the molar density correction factor to be 1.0
[GRAPHIC] [TIFF OMITTED] TR11SE98.005

Where

Ts=289 K (520 R)
TS=273 K (460 R)
H=Percent moisture-100
=0.02

    (6) Calculate the average total gaseous non-methane organic carbon 
for each duplicate sample run analyzed.
    (7) Calculate the grams (pounds) of VOC as CH2 emitted 
per start (normalized to 0.9 kilograms [2 pounds] of charcoal) for each 
run using Equation 5:
[GRAPHIC] [TIFF OMITTED] TR11SE98.006

Where

E=Emissions of VOC per start for each test run (grams VOC/start [pounds 
VOC/start])
A=Hydrocarbon molecular weight
=14.0268 grams per gram-mole (14.0268 pounds per pound-mole)
B=Carbon number
  =1
C=Average concentration for each duplicate run of total gaseous 
nonmethane organic compounds as CO2 (parts per million, from 
lab analysis sheet)
D=Sampling duration
  =25 minutes
d=Molar density of gas at standard conditions
  =42.33 gram-mole per cubic meter (0.0026353 pound-mole per cubic 
foot)
N=Normalized mass (0.9 kilograms [2 pounds])
M=Mass of charge (kilograms [pounds])

    (8) Calculate the average VOC emissions for each lighter material 
tested. Identify and discard statistical outliers. Note a minimum of 
five valid results are required for a determination. This procedure for 
eliminating an outlier may only be performed once for each lighter 
material tested.
    (9) Using Equation 6, calculate the resultant VOC emissions per 
start (Er) and determine if it is less than or equal to the 
9 grams VOC per start emission limit.
[GRAPHIC] [TIFF OMITTED] TR11SE98.007

Where

ei=Average emissions of VOC per start from the charcoal 
lighter material being evaluated (grams VOC/start [pounds VOC/start] 
expressed as CH2)
eep=Average reference VOC emissions per start from the 
ignition by electric probe (grams VOC/start [pounds VOC/start] 
expressed as CH2)
  =0 grams VOC/start (0 pounds VOC/start) for treated or impregnated 
charcoal
Eb=Standard baseline VOC emissions per start from the 
ignition by electric probe (expressed as CH2)
  =0 grams VOC/start (0 pounds VOC/start) for treated or impregnated 
charcoal
  =3.6 grams VOC/start (0.008 pounds VOC/start) for all other charcoal 
lighter material

    (1) Recordkeeping. A record of the following charcoal lighter 
material compliance test information shall be kept for at least 5 
years:
    (1) Real time temperature and continuous organic emissions monitor 
readings from continuous chart recorder and/or manual reading of 
temperatures and the continuous organic emissions monitor output.
    (2) A description of quality assurance/quality control (QA/QC) 
procedures followed for all measuring equipment and calibration test 
data.
    (3) A description of QA/QC procedures followed for all sampling and 
analysis equipment and calibration test data.
    (4) Time and quantity of blanks and ambient air samples.
    (5) Chain of custody for samples.
    (6) Labeled directions.
    (7) Field notes and data sheets.
    (8) Calculation/averaging sheets/printouts.
    (9) Sample (in its normal package from the same lot) of barbecue 
charcoal and lighter material used for testing.
    (10) Formulation of lighter material tested (indicate if the 
information is to be handled confidentially).
    (11) Photographs documenting charcoal surface ash coverage.
    (m) Quality Assurance/Quality Control (QA/QC) Requirements. The QA/
QC guidelines in the EPA's Quality Assistance Handbook (EPA 600.4-77-
027b) shall be followed. In addition, the following procedures shall be 
used:
    (1) A blank sample for VOC shall be performed once each day, during 
the start period of one of the lighter materials, using the integrated 
VOC sampling apparatus.
    (2) An ambient air sample for VOC shall be taken once each day, 
during the start period of one of the lighter materials, using the 
integrated VOC sampling apparatus with Nupro 2 micron 
filters.
    (3) Traceability certificates shall be provided for all calibration 
gases used for the continuous organic emissions monitor and integrated 
VOC analysis.
    (4) Grill temperature probe shall be calibrated using the 
procedures in ASTM Method E220-86 (incorporated by reference as 
specified in United States Sec. 59.213).
    (5) Supply documentation for place of purchase ( or origin if 
experimental) and chain of custody for lighter material tested. 
Documentation to be included for both treated and impregnated charcoal.
    (6) Supply documentation for place of purchase and chain of custody 
for untreated charcoal.


Sec. 59.209  Recordkeeping and reporting requirements.

    (a) The distributor that is named on the product label shall 
maintain the records specified in paragraphs (a)(1) and (a)(2) of this 
section, unless the manufacturer or importer has submitted to the 
Administrator a written certification that the manufacturer or importer 
will maintain the records for the distributor in accordance with 
paragraph (a)(3) of this section. If no distributor is named on the 
label, the manufacturer or importer must maintain the specified 
records. The records must be retained for at least 3 years and must be 
in a form suitable and readily available for inspection and review.
    (1) Records or formulations being manufactured or imported on or 
after December 10, 1998 for all consumer products subject to 
Sec. 59.213(a), or December 10, 1999 for all consumer products subject 
to Sec. 59.203(c) and
    (2) Accurate records for each batch of production, starting on 
December 10, 1998 for all consumer products subject to Sec. 59.203(a) 
or December 10, 1999 for all consumer products subject to 
Sec. 59.203(c), of the weight-percent and chemical composition of the 
individual product constituents.
    (3) By providing this written certification to the Administrator, 
the certifying manufacturer accepts responsibility for compliance with 
the recordkeeping requirements in paragraphs (a)(1) and (a)(2) of this 
section with respect to any products covered by the written 
certification. Failure to maintain the required records may result in 
enforcement action by the EPA against the certifying manufacturer in 
accordance with the enforcement provisions applicable to violations of 
these provisions by regulated entities.

[[Page 48841]]

The certifying manufacturer may revoke the written certification by 
sending a written statement to the Administrator and the regulated 
entity giving at least 90 days notice that the certifying manufacturer 
is rescinding acceptance of responsibility for compliance with the 
recordkeeping requirements listed in this paragraph. Upon expiration of 
the notice period, the regulated entity must assume responsibility for 
maintaining the records specified in this paragraph. Written 
certifications and revocation statements, to the Administrator from the 
certifying manufacturer shall be signed by the responsible official of 
the certifying manufacturer, provide the name and address of the 
certifying manufacturer, and be sent to the appropriate EPA Regional 
Office at the addresses listed in Sec. 59.210 of this subpart. Such 
written certifications are not transferable by the manufacturer.
    (b) If requested by the Administrator, product VOC content must be 
demonstrated to the Administrator's satisfaction to comply with the VOC 
content limits presented in Sec. 59.203(a).
    (c) Each manufacturer or importer subject to the provisions of 
Sec. 59.203(d) shall maintain records specified in either paragraph 
(c)(1) or (c)(2) of this section for each charcoal lighter material.
    (1) Test report from each certification test performed as specified 
in Sec. 59.208(b) and all information and data specified in 
Sec. 59.208(l); or
    (2) Records of emission testing, which was performed by a method 
determined by the Administrator to be an acceptable alternative to that 
described in Sec. 59.208, previously submitted to a State or local 
regulatory agency.
    (d) The distributor that is named on the product label, or if no 
distributor is named on the label, the manufacturer or importer, shall 
submit by the applicable compliance date, or within 30 days after 
becoming a regulated entity, a one-time Initial Notification Report 
including the information specified in paragraphs (d)(1) through (d)(5) 
of this section.
    (1) Company name;
    (2) Name, title, phone number, address, and signature or certifying 
company official;
    (3) A list of product categories and subcategories subject to 
Sec. 59.203 for which the company is currently the regulated entity;
    (4) A description of date coding systems, clearly explaining how 
the date of manufacture is marked on each sales unit of subject 
consumer products; and
    (5) The name and location of the designated recordkeeping agent, if 
the records specified in paragraphs (a)(1) and (a)(2) are to be 
maintained by the manufacturer.
    (e) If a regulated entity changes the date coding system reported 
according to paragraph (d)(4) of this section, the regulated entity 
shall notify the Administrator of such changes within 30 days following 
the change.
    (f) If requested by the Administrator, the following information 
shall be made available within 30 days after receiving the request:
    (1) Location of facility(ies) manufacturing, importing, or 
distributing subject consumer products;
    (2) A list of product categories and subcategories, as found in 
tables 1 and 2 of this subpart, that are manufactured, imported, or 
distributed at each facility; and
    (3) Location where VOC content records are kept for each subject 
consumer product.
    (g) Each manufacturer or importer subject to the innovative product 
provisions in Sec. 49.204 shall submit notifications as indicated in 
Sec. 59.204(d) and (e).


Sec. 59.210  Addresses of EPA Regional Offices.

    All requests, reports, submittals, and other communications to the 
Administrator pursuant to this regulation shall be submitted to the 
Regional Office of the EPA which serves the State or territory in which 
the corporate headquarters of the regulated entity resides. These areas 
are indicated in the following list of EPA Regional Offices:

    EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont), Director, Office of Ecosystem Protection, 
J.F.K. Federal Building, Boston, MA 02203-2211.
    EPA Region II (New Jersey, New York, Puerto Rico, Virgin 
Islands), Director, Division of Environmental Planning and 
Protection, 290 Broadway, New York, NY 10007.
    EPA Region III (Delaware, District of Columbia, Maryland, 
Pennsylvania, Virginia, West Virginia), Director, Air, Radiation, 
and Toxics Division, 841 Chestnut Building, Philadelphia, PA 19107.
    EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, Tennessee), Director, Air, 
Pesticides, and Toxics Management Division, 61 Forsyth Street, 
Atlanta, GA 30303.
    EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin), Director, Air and Radiation Division, 77 West Jackson 
Blvd., Chicago, IL 60604-3507.
    EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, 
Texas), Director, Multimedia Planning and Permitting Division, 1445 
Ross Avenue, Dallas, TX 75202-2733.
    EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, 
Air, RCRA, and Toxics Division, 726 Minnesota Avenue, Kansas City, 
KS 66101.
    EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, 
Utah, Wyoming), Director, Office of Pollution Prevention, State, and 
Tribal Assistance, 999 18th Street, Suite 500, Denver, Colorado 
80202-2466.
    EPA Region IX (American Samoa, Arizona, California, Guam, 
Hawaii, Nevada) Director, Air Divisions, 75 Hawthorne Street, San 
Francisco, CA 94105.
    EPA Region X (Alaska, Oregon, Idaho, Washington), Director, 
Office of Air Quality, 1200 Sixth Avenue, Seattle, WA 98101.


Sec. 59.211  State authority.

    (a) The provisions in this regulation shall not be construed in any 
manner to preclude any State or political subdivision thereof from:
    (1) Adopting and enforcing any emission standard or limitation 
applicable to a regulated entity.
    (2) Requiring the regulated entity to obtain permits, licenses, or 
approvals prior to initiating construction, modification, or operation 
of a facility for manufacturing a consumer product.
    (b) [Reserved]


Sec. 59.212  Circumvention.

    No regulated entity subject to these standards shall alter, 
destroy, or falsify any record or report to conceal what would 
otherwise be noncompliance with these standards. Such concealment 
includes, but is not limited to refusing to provide the Administrator 
access to all required records and date-coding information, altering 
the percent VOC content of a product batch, or altering the results of 
any required performance tests.


Sec. 59.213  Incorporation by reference.

    (a) The materials listed in this section are incorporated by 
reference in the paragraphs noted in Sec. 59.207. These incorporations 
by reference were approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are 
incorporated as they exist on the date of the approval, and notice of 
any changes in these materials will be published in the Federal 
Register . The materials are available for purchase at the 
corresponding addresses noted below, and all are available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., Suite 700, Washington, DC 20408, at the Air and Radiation 
Docket and Information Center, U.S. EPA, 401 M Street, SW., Washington, 
DC 20460, and at the EPA Library (MD-35), U.S. EPA, Research Triangle 
Park, NC 27711.
    (b) The materials listed below are available for purchase from at 
least one of the following addresses: American Society for Testing and 
Materials

[[Page 48842]]

(ASTM), 1916 Race Street, Philadelphia, PA, 19103; SCAQMD Subscription 
Services, P.O. Box 4932; 21865 Copley Drive, Diamond Bar, CA 91765-
0932; or University Microfilms International, 300 North Zeeb Road, Ann 
Arbor MI, 48106.
    (1) ASTM Method E220-86 Standard Method for Calibration of 
Thermocouples by Comparisons Techniques, incorporation by reference 
(IBR) approved for Sec. 59,208(m)(4).
    (2) ASTM Method E380-82 Metric Practice, IBR approved for 
Sec. 59.208(k).
    (3) SCAQMD Method 25.1, March 1989 Determination of Total Gaseous 
Non-Methane Organic Emissions as Carbon (amended February 26, 1991) IBR 
approved for Sec. 59.208(g)(2).


Sec. 59.214  Availability of information and confidentiality

    (a) Availability of information. Specific reports or records 
required by this subpart are not available to the public. The 
Administrator will, upon request, provide information as to the 
compliance status of a product or regulated entity.
    (b) Confidentiality. All confidential business information entitled 
to protection under section 114(c) of the CAA that must be submitted or 
maintained by a regulated entity pursuant to this section shall be 
treated in accordance with 40 CFR part 2, Subpart B.

      Table 1 to Subpart C.--VOC Content Limits by Product Category     
------------------------------------------------------------------------
                                                            VOC content 
                    Product category                      limit (weight-
                                                           percent VOC) 
------------------------------------------------------------------------
Air fresheners:                                                         
    Single-phase........................................              70
    Double-phase........................................              30
    Liquids/pump sprays.................................              18
    Solids/gels.........................................               3
Automotive windshield washer fluid......................              35
Bathroom and tile cleaners:                                             
    Aerosols............................................               7
    All other forms.....................................               5
Carburetor and choke cleaners...........................              75
    Cooking sprays--aerosol.............................              18
Dusting aids:                                                           
    Aerosols............................................              35
    All other forms.....................................               7
Engine degreasers.......................................              75
Fabric protectants......................................              75
Floor polishes/waxes:                                                   
    Products for flexible flooring materials............               7
    Products for nonresilient flooring..................              10
    Wood floor wax......................................              90
Furniture maintenance products-aerosol..................              25
General purpose cleaners................................              10
Glass cleaners:                                                         
    Aerosols............................................              12
    All other forms.....................................               8
Hairsprays..............................................              80
Hair mousses............................................              16
Hair Styling gels.......................................               6
Household adhesives:                                                    
    Aerosols............................................              75
    Contact.............................................              80
    Construction and panel..............................              40
    General purpose.....................................              10
    Structural waterproof...............................              15
Insecticides:                                                           
    Crawling bug........................................              40
    Flea and tick.......................................              25
    Flying bug..........................................              35
    Foggers.............................................              45
    Lawn and Garden.....................................              20
Laundry prewash:                                                        
    Aerosols/solids.....................................              22
    All other forms.....................................               5
Laundry starch products.................................               5
Nail polish removers....................................              85
Oven cleaners:                                                          
    Aerosols/pump.......................................               8
    Liquids.............................................               5
Shaving creams..........................................               5
------------------------------------------------------------------------


[[Page 48843]]


 Table 2 to Subpart C.--HVOC \1\ Content Limits for Underarm Deodorants 
                      and Underarm Antiperspirants                      
------------------------------------------------------------------------
                                                           Percent HVOC 
                                                           content limit
                    Product category                         (weight-   
                                                           percent HVOC)
------------------------------------------------------------------------
Underarm antiperspirants--aerosol.......................              60
Underarm deodorants--aerosol............................              20
------------------------------------------------------------------------
\1\ High-volatility organic compound (HVOC) are VOC with vapor pressure 
  greater than 80 millimeters of mercury at 20 degrees Celsius.         


BILLING CODE 6560-50-M

[[Page 48844]]

Appendix A to Subpart C--Figures
[GRAPHIC] [TIFF OMITTED] TR11SE98.008


[[Page 48845]]

[GRAPHIC] [TIFF OMITTED] TR11SE98.009



[[Page 48846]]

[GRAPHIC] [TIFF OMITTED] TR11SE98.010



[[Page 48847]]

[GRAPHIC] [TIFF OMITTED] TR11SE98.011


[FR Doc. 98-22660 Filed 9-10-98; 8:45 am]
BILLING CODE 6560-50-C