[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- 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] BILLING CODE 6560-50-P