[Federal Register Volume 64, Number 52 (Thursday, March 18, 1999)]
[Notices]
[Pages 13422-13425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6653]


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ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-6311-9]


Consumer and Commercial Products: Schedule for Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of revisions to schedule for regulation.

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SUMMARY: Today's notice makes several revisions to the schedule for 
regulation of consumer and commercial products under section 183(e) of 
the Clean Air

[[Page 13423]]

Act (Act). The revised schedule requires regulation by 2001 of aerosol 
spray paints, lithographic printing materials, industrial cleaning 
solvents, and flat wood paneling coatings. These categories were 
scheduled for regulation in 1997 and 1999 as part of the first two 
groups of consumer and commercial product categories for regulation 
under section 183(e) of the Act. The notice also revises the schedule 
for regulation of miscellaneous metal products coatings, large 
appliance coatings, fiberglass boat manufacturing materials, and 
miscellaneous industrial adhesives. These categories were scheduled for 
regulation in 2001 as the third group of consumer and commercial 
products for regulation under section 183(e) of the Act. The revised 
schedule requires regulation of these product categories by 2003. These 
changes to the schedule for regulation of consumer and commercial 
products are necessary to improve workload management and to allow 
coordination with regulatory actions under section 112(d) of the Act.

DATES: This schedule is effective March 17, 1999.

ADDRESSES: Docket. Docket No. A-94-65 contains information considered 
by the EPA in development of the consumer and commercial products study 
and the initial list and schedule for regulation. You can inspect the 
docket and copy materials between 8 a.m. to 5:30 p.m., Monday through 
Friday, excluding legal holidays. The docket is located at the EPA's 
Air and Radiation Docket and Information Center, Waterside Mall, Room 
M1500, 1st Floor, 401 M Street, SW, Washington, DC 20460; telephone 
(202) 260-7548 or fax (202) 260-4400. A reasonable fee may be charged 
for copying.

FOR FURTHER INFORMATION CONTACT: Dr. Jan Meyer at (919) 541-5254, 
Coatings and Consumer Products Group, Emission Standards Division (MD-
13), United States Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Entities potentially affected by this action 
are manufacturers, distributors, and importers of:
     Aerosol spray paints;
     Lithographic printing materials;
     Industrial cleaning solvents;
     Flat wood paneling coatings;
     Miscellaneous metal products coatings;
     Large appliance coatings;
     Fiberglass boat manufacturing materials; and
     Miscellaneous industrial adhesives.
    The regulated categories and entities include:

------------------------------------------------------------------------
           Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry.....................  Manufacturers or distributors, or
                                importers of aerosol spray paints,
                                lithographic printing materials,
                                industrial cleaning solvents, flat wood
                                paneling coatings, miscellaneous metal
                                products coatings, large appliance
                                coatings, fiberglass boat manufacturing
                                materials, and miscellaneous industrial
                                adhesives (North American Industry
                                Classification System Code 3255).
State/local/tribal             Governmental agencies that manufacture,
 governments.                   import, or distribute any of the above
                                products.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather to provide 
a guide for readers regarding entities likely to be interested in this 
action. This table lists the types of entities that the EPA is now 
aware could potentially be interested in this action. Other types of 
entities not listed in the table could also be interested. If you have 
questions about this notice or how it applies to a particular entity, 
consult Jan Meyer (see FOR FURTHER INFORMATION CONTACT).

I. Background

    Ground-level ozone, which is a major component of ``smog,'' is 
formed in the atmosphere by reactions of volatile organic compounds 
(VOC) and oxides of nitrogen 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 respiratory symptoms, effects on exercise 
performance, increased airway responsiveness, increased susceptibility 
to respiratory infection, increased hospital admissions and emergency 
room visits, and 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. Currently available information also 
suggests that long-term exposures to ozone may cause chronic health 
effects (e.g., structural damage to lung tissue and accelerated decline 
in baseline lung function).
    Under section 183(e) of the Act, the EPA conducted a study of VOC 
emissions from the use of consumer and commercial products to assess 
their potential to contribute to levels of ozone that violate the 
national ambient air quality standards for ozone, and to establish 
criteria for regulating VOC emissions from these products. Section 
183(e) directed the EPA to list for regulation those categories of 
products that account for at least 80 percent of the VOC emissions, on 
a reactivity adjusted basis, from consumer and commercial products in 
ozone nonattainment areas, and to schedule those categories for 
regulation in four groups. Every 2 years following publication of the 
list, the statute directs EPA to regulate one group of categories until 
all four groups are regulated.
    On March 23, 1995, the EPA submitted the consumer and commercial 
products Report to Congress required by section 183(e) of the Act. On 
March 23, 1995, the EPA also published in the Federal Register a 
summary of the Report to Congress along with the list of product 
categories and the schedule for their regulation. In the March 23, 1995 
Federal Register, the EPA grouped the listed categories into four 
roughly equal groups of product categories for purposes of workload 
management. However, the EPA stated in the March 1995 Federal Register 
that the EPA may amend the schedule and the products listed in 
particular groups as further information becomes available. The EPA 
also indicated that it intends to exercise discretion in scheduling its 
actions under section 183(e) in order to achieve an effective 
regulatory program.

[[Page 13424]]

II. Schedule Changes

A. Aerosol Spray Paints

    The EPA is moving aerosol spray paints from the first group of 
products for regulation under section 183(e) of the Act to the third 
group of products. The date for regulation of aerosol spray paints, 
thus, will change from March 1997 to March 2001. The change of schedule 
for aerosol spray paints is necessitated by the addition of acetone to 
the list of compounds considered negligibly reactive and therefore 
exempt from EPA's definition of VOC. Acetone is a solvent used in the 
formulation of many aerosol paint products. The analysis of best 
available controls (BAC) conducted by the EPA during the regulatory 
development process for aerosol spray paints was based on data that 
included acetone-based paints and treated acetone as a VOC. 
Consequently, the analysis is no longer accurate and we need to 
reevaluate BAC for this product category. In the initial listing 
notice, the EPA noted that it may change the schedule as regulatory 
development progresses. We believe that delisting acetone as a VOC 
justifies a modification of the schedule. The EPA has determined that 
additional time is required to consider the aerosol spray paint 
category, and is therefore exercising its discretion to amend the 
schedule for regulation for this product category.

B. Lithographic Printing Materials, Industrial Cleaning Solvents, and 
Flat Wood Paneling Coatings

    The EPA is also revising the schedule for regulation to change the 
date for regulation of lithographic printing materials, industrial 
cleaning solvents, and flat wood paneling coatings categories from 
March 1999 to March 2001. The change in the schedule for these product 
categories is necessary to allow coordination with other EPA regulatory 
activities and to use Agency resources efficiently. Specifically, we 
are revising the schedule to allow the EPA to use information obtained 
in the development of National Emission Standards for Hazardous Air 
Pollutants under section 112(d) of the Act for source categories using 
these consumer and commercial products. The EPA expects the revised 
schedule to improve use of Agency resources and to permit a more 
integrated approach to evaluation of BAC for these product categories. 
The EPA has determined that additional time is necessary to consider 
these product categories, and is therefore exercising its discretion 
under section 183(e) to amend the schedule for regulations for these 
product categories.

C. Miscellaneous Metal Products Coatings, Large Appliance Coatings, 
Fiberglass Boat Manufacturing Materials, and Miscellaneous Industrial 
Adhesives (Previous Group III Product Categories)

    In order to manage workload on development of rules or Control 
Techniques Guidelines (CTG) for the product categories identified for 
regulation under section 183(e), the EPA is also revising the schedule 
to change the date for regulation of miscellaneous metal products 
coatings, large appliance coatings, fiberglass boat manufacturing 
materials, and miscellaneous industrial adhesives. The EPA had 
scheduled these product categories for regulation in 2001. The revised 
schedule requires regulation of these product categories by 2003. The 
EPA has determined that this schedule change is necessary in order to 
allow development of rules or CTG for these product categories. 
Although the EPA notes that section 183(e) does not require the Agency 
to place product categories into four equal groups for regulation, this 
revision of the schedule will maintain roughly equal groups of products 
for Group III and Group IV. Moving product categories from Group II to 
Group III, and from Group III to Group IV maintains the prioritization 
of product categories for regulation. Reallocation of the product 
categories will permit more efficient use of resources to allow proper 
consideration of BAC for each of the product categories. Consequently, 
the EPA is exercising its discretion under section 183(e) to amend the 
schedule for regulation of these product categories.

D. Consumer and Commercial Products Schedule for Regulations

    The revised consumer and commercial products schedule for 
regulations is presented in table 1.

                       Table 1.--Consumer and Commerical Products Schedule for Regulations
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                                                                             Schedule for
                                                                              regulation       Emissions mg/yr
----------------------------------------------------------------------------------------------------------------
Group I:
    Consumer products (24 categories) a...................................            1997               301,347
    Shipbuilding and repair coatings......................................            1997                23,302
    Aerospace coatings....................................................            1997               165,892
    Architectural coatings................................................            1997               362,454
    Autobody refinishing coatings.........................................            1997                85,509
    Wood furniture coatings...............................................            1997                88,109
                                                                                           ---------------------
                                                                                                       1,026,613
Group II:
    Flexible package printing materials...................................            1999               136,364
                                                                                           ---------------------
                                                                                                         136,364
Group III:
    Aerosol spray paints..................................................            2001                58,521
    Industrial cleaning solvents..........................................            2001               232,890
    Flat wood paneling coating............................................            2001                19,618
    Lithographic printing materials.......................................            2001               545,454
                                                                                           ---------------------
                                                                                                         856,483
Group IV:
    Paper, film, and foil coatings........................................            2003                92,064
    Letterpress printing materials........................................            2003                25,636
    Plastic parts coatings................................................            2003                20,000
    Metal furniture coatings..............................................            2003                97,220
    Auto and light truck assembly coatings................................            2003                68,182

[[Page 13425]]

 
    Petroleum drycleaning solvents........................................            2003                49,091
    Miscellaneous metal products coatings.................................            2003               198,545
    Large appliance coatings..............................................            2003                22,994
    Fiberglass boat manufacturing materials...............................            2003                11,000
    Miscellaneous industrial adhesives....................................            2003               185,175
                                                                                           ---------------------
                                                                                                         769,907
                                                                                           =====================
Emissions addressed by schedule...........................................                             2,789,367
Percentage of total (3,481,804 Mg/yr).....................................                                 80.1
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a Product categories included in ``Consumer products (24 categories)'' grouping: Aerosol cooking sprays, Air
  fresheners, Auto windshield washer fluids, Bathroom and tile cleaners, Carburetor and choke cleaners, Charcoal
  lighter materials, Dusting aids, Engine degreasers, Fabric protectants, Floor waxes and polishes, Furniture
  maintenance products, General purpose cleaners, Glass cleaners, Hair sprays, Hair mousses, Hair styling gels,
  Household adhesives, Nonagricultural insecticides, Laundry prewash treatments, Laundry starch products, Nail
  polish removers, Oven cleaners, Shaving creams, Underarm antiperspirants and deodorants.

III. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of an action. Although this 
action is not a rulemaking, a docket has been established for the 
consumer and commercial product study and subsequent product category 
list and schedule for regulation. The docket number is A-94-65. The 
docket is a dynamic file, since material is added throughout the 
development of an action. 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 process.

B. Regulatory Requirements

1. General
    Today's action is not a rule; it is a notice regarding the EPA's 
regulatory schedule which does not impose regulatory requirements or 
costs. Therefore, the EPA has not prepared an assessment of the 
potential costs and benefits pursuant to Executive Order 12866, an 
economic impact analysis pursuant to section 317, a regulatory 
flexibility analysis pursuant to the Regulatory Flexibility Act (5 
U.S.C. 601, et seq.), or a budgetary impact statement pursuant to the 
Unfunded Mandates Act of 1995. Also, this Federal Register document 
does not contain any information collection requirements and, 
therefore, is not subject to the Paperwork Reduction Act (44 U.S.C. 
3501, et seq.). This action does not establish any technical standards 
that would require the EPA to consider voluntary consensus standards 
pursuant to section 12(d) of the National Technology Transfer and 
Advancement Act of 1995.
2. Executive Order 12866 and Office of Management and Budget Review
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether regulatory actions are significant and therefore 
subject to Office of Management and Budget (OMB) review and the 
requirements of the Executive Order. The Order defines ``significant 
regulatory action'' as one that is likely to lead to a rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely and materially affect a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligation of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of the Executive Order, OMB has notified the 
EPA that it considers this is not a ``significant regulatory action'' 
within the meaning of the Executive Order and OMB review is not 
required.

    Dated: March 10, 1999.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
[FR Doc. 99-6653 Filed 3-17-99; 8:45 am]
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