[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:
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Category Examples of regulated entities
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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.
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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
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Group I:
Consumer products (24 categories) a................................... 1997 301,347
Shipbuilding and repair coatings...................................... 1997 23,302
Aerospace coatings.................................................... 1997 165,892
Architectural coatings................................................ 1997 362,454
Autobody refinishing coatings......................................... 1997 85,509
Wood furniture coatings............................................... 1997 88,109
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1,026,613
Group II:
Flexible package printing materials................................... 1999 136,364
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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
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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
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769,907
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Emissions addressed by schedule........................................... 2,789,367
Percentage of total (3,481,804 Mg/yr)..................................... 80.1
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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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