[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Notices]
[Pages 16447-16449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8255]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6318-8]


National Volatile Organic Compound Emission Standards for 
Consumer and Commercial Products; Variance Requests for the Consumer 
Products Rule and the Automobile Refinish Coatings Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing.

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SUMMARY: This document provides a list of companies that have submitted 
requests for variances under the Consumer Products Rule and the 
Automobile Refinish Coatings Rule. The list includes variance requests 
received from December to early March, and includes the name of each 
requesting company, its location, and a brief summary of the request. 
The EPA will determine whether, and to what extent, and under what 
conditions to grant the requested variances from the requirements of 
the specific rules.

DATES: Public Hearing. A public hearing will be held, if requested, to 
provide interested persons an opportunity for oral presentation of 
data, views, or arguments concerning the variance requests. If anyone 
contacts the EPA requesting to speak at a public hearing by April 26, 
1999, a public hearing will be held on May 25, 1999, beginning at 9:00 
a.m. Persons interested in attending the hearing should notify Janet 
Eck, (919) 541-7946, to verify that a hearing will occur and for 
notification of the location of the meeting.
    Request to Speak at Hearing. Persons wishing to speak at the public 
hearing must contact Janet Eck at the EPA by April 26, 1999. Ms. Eck 
may be contacted at telephone number (919) 541-7946, or FAX number 
(919) 541-5689.

FOR FURTHER INFORMATION CONTACT: For general information on the 
variance provisions of the rules or information on specific variance 
requests, contact Bruce Moore (telephone: 919-541-5460; email: 
[email protected]) or Mark Morris (telephone: 919-541-5416; email: 
[email protected]), Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711.

SUPPLEMENTARY INFORMATION: On September 11, 1998, the EPA promulgated 
National Volatile Organic Compound (VOC) Emission Standards for 
Consumer Products (63 FR 48819) and National VOC Emission Standards for 
Automobile Refinish Coatings (63 FR 48806). These standards established 
VOC limits for the products affected by the rules. The rules contain 
provisions that allow a regulated entity to apply for a temporary 
variance if the entity cannot comply with the requirements of the rule 
because of circumstances beyond its reasonable control.
    Requests for variances must include:
    (1) The specific grounds upon which the variance is sought,
    (2) The proposed date by which the regulated entity will achieve 
compliance with the rule (no later than 5 years after the issuance of 
the variance), and
    (3) A compliance plan detailing the method(s) by which the 
regulated entity will achieve compliance with the rule. The rules state 
that the Administrator will issue a temporary variance if a regulated 
entity can demonstrate that

[[Page 16448]]

complying with the rule would be technologically or economically 
infeasible, and if the regulated entity proposes a plan by which 
compliance will be achieved as expeditiously as possible. A variance 
will cease to be effective upon the failure of an entity to comply with 
any term or condition of the variance. Upon the application of any 
party, the Administrator may review and, for good cause, modify or 
revoke a variance after holding a public hearing.
    From December to early March, the EPA received twenty requests for 
variances from the two rules. Table 1 lists those companies requesting 
variances from the Consumer Products Rule. Table 2 lists those 
companies requesting variances from the Automobile Refinish Coatings 
Rule. These variance requests are currently undergoing review.

           Table 1.--Variance Requests: Consumer Products Rule
------------------------------------------------------------------------
            Company                  Location        Summary of request
------------------------------------------------------------------------
Waldwick Plastics Corporation.  Waldwick, New      Waldwick requested a
                                 Jersey.            variance from the
                                                    VOC limits for seven
                                                    deodorizing products
                                                    that would expire
                                                    June 30, 1999.
Cul-Mac Industries, Inc.......  Wayne, Michigan..  Cul-Mac requested a
                                                    variance to modify
                                                    dilution ratios for
                                                    a windshield washer
                                                    solvent. They
                                                    requested a variance
                                                    that would expire
                                                    July 1999.
Taylor Labs, Inc..............  Chattanooga,       Taylor Labs requested
                                 Tennessee.         a 1 to 2 year
                                                    variance from the
                                                    date code
                                                    requirements. They
                                                    requested that
                                                    dating the outer
                                                    delivery packaging
                                                    be acceptable rather
                                                    than date coding
                                                    individual packages
                                                    within.
Selig Chemical Industries.....  Atlanta, Georgia.  Selig requested a
                                                    variance from the
                                                    date coding
                                                    requirements. They
                                                    requested that, in
                                                    lieu of data
                                                    stamping their
                                                    products, they be
                                                    allowed to use hang
                                                    tags until they
                                                    obtain encoding
                                                    equipment to date
                                                    stamp their
                                                    products. They have
                                                    requested a variance
                                                    that would expire
                                                    November 1999.
Carroll Company...............  Garland, Texas...  Carroll requested a
                                                    variance that would
                                                    expire January 2001
                                                    to allow sufficient
                                                    time to purchase
                                                    date coding
                                                    equipment.
Ocean Coffee Company..........  Shreveport, LA...  Ocean Coffee Company
                                                    requested a five-
                                                    year variance to
                                                    acquire a supply of
                                                    product in small
                                                    quantities. They
                                                    claim they are
                                                    unable to find
                                                    compliant products
                                                    in quantities small
                                                    enough to be
                                                    economically
                                                    feasible for them.
Chemtech......................  Monroe, Louisiana  Chemtech requested a
                                                    variance that would
                                                    expire September
                                                    1999 to allow them
                                                    to manually
                                                    calculate the VOC
                                                    content of all of
                                                    their product
                                                    formulas.
ECP Incorporated..............  Oak Brook,         ECP requested a
                                 Illinois.          variance that would
                                                    expire July 2000 to
                                                    allow them to
                                                    reformulate fabric
                                                    protectors.
Pitt Penn Oil Company.........  Creighton,         Pitt Penn requested a
                                 Pennsylvania.      variance from the
                                                    labeling
                                                    requirements to
                                                    allow them to
                                                    deplete a large
                                                    existing inventory
                                                    of labels. Pitt Penn
                                                    did not request a
                                                    specific time by
                                                    which compliance
                                                    would be achieved.
Watkins, Inc..................  Winona, Minnesota  Watkins requested a
                                                    five-year variance
                                                    that would allow
                                                    them to reformulate
                                                    several products.
                                                    Watkins has claimed
                                                    the information in
                                                    their request to be
                                                    confidential.
Butcher.......................  Alsip, Illinois..  Butcher requested a
                                                    variance that would
                                                    expire December 1999
                                                    to allow them to
                                                    reformulate several
                                                    products. Butcher
                                                    has claimed the
                                                    information in their
                                                    request to be
                                                    confidential.
Amrep, Inc....................  Marietta, Georgia  Amrep requested a
                                                    variance from the
                                                    labeling
                                                    requirements of the
                                                    rule until April
                                                    1999.
North Carolina Department of    Raleigh, North     The Department of
 Corrections.                    Carolina.          Corrections
                                                    requested a variance
                                                    to reformulate a non-
                                                    ammoniated glass
                                                    cleaner and an
                                                    ammoniated glass
                                                    cleaner. They have
                                                    requested a variance
                                                    that would expire
                                                    March 1999.
Central Products..............  Montgomery,        Central Products
                                 Alabama.           requested a 1-month
                                                    variance from the
                                                    labeling
                                                    requirements.
MEDO Industries...............  Tarrytown, New     MEDO requested a
                                 York.              variance that would
                                                    expire April 1999 to
                                                    allow them to
                                                    retrofit their date-
                                                    coding equipment.
Wella.........................  Richmond,          Wella requested a 1-
                                 Virginia.          month variance from
                                                    the labeling
                                                    requirements.
Atco International............  Marietta, Georgia  Atco requested a
                                                    variance from the
                                                    VOC limits that
                                                    would expire June
                                                    1999.
------------------------------------------------------------------------


     Table 2.--Variance Requests: Automobile Refinish Coatings Rule
------------------------------------------------------------------------
            Company                  Location        Summary of request
------------------------------------------------------------------------
Finish Technologies...........  Walled Lake,       Finish Technologies
                                 Michigan.          has requested a 24-
                                                    month variance from
                                                    the rule because
                                                    their coatings use a
                                                    solvent which is
                                                    expected to become
                                                    an exempt compound.
Coventry Coatings, Inc........  Garnerville, New   Coventry Coatings has
                                 York.              requested an 18-
                                                    month variance to
                                                    reformulate primer
                                                    surfacers and
                                                    clearcoats, and to
                                                    deplete existing
                                                    labels.
Grow Automotive...............  Troy, Michigan...  Grow has requested a
                                                    6-month variance to
                                                    develop product
                                                    literature which
                                                    will recommend the
                                                    use of their
                                                    products in a way
                                                    that results in
                                                    compliant coatings.
------------------------------------------------------------------------


[[Page 16449]]

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

    March 29, 1999.
Robert Perciasepe,
Assistant Administrator, OAR.
[FR Doc. 99-8255 Filed 4-2-99; 8:45 am]
BILLING CODE 6560-50-P