[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Notices]
[Pages 37783-37784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17494]


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ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-6375-3]
RIN 2060-AG59


Consumer and Commercial Products: Wood Furniture, Aerospace, and 
Shipbuilding and Ship Repair Coatings: Control Techniques Guidelines in 
Lieu of Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of issuance.

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SUMMARY: This notice announces reissuance of control techniques 
guidelines (CTG) for the wood furniture coatings, aerospace coatings, 
and shipbuilding and ship repair coatings categories listed in the 
first group of consumer and commercial product categories to be 
regulated under section 183(e) of the Clean Air Act (Act). Our final 
listing of these categories for regulation and our final determination 
that CTG are substantially as effective as national regulations in 
reducing emissions of volatile organic compounds (VOC) from these three 
product categories is published elsewhere in today's Federal Register.
    We based the final determination, in part, on the previously issued 
CTG for wood furniture coating (61 FR 25223, May 20, 1996), for 
aerospace coating (63 FR 15006, March 22, 1998), and for shipbuilding 
and ship repair coating (61 FR 44050, August 27, 1996) under section 
183(b) of the Act. Accordingly, in this notice, we are reissuing these 
existing CTG as the CTG under section 183(e) for these three commercial 
product categories.

EFFECTIVE DATE: July 13, 1999.

ADDRESSES: Control Techniques Guidelines. Electronic copies of the CTG 
documents listed above may be obtained from our Technology Transfer 
Network Website (TTNWeb). The TTNWeb is a collection of related web 
sites containing information about many areas of air pollution science, 
technology, regulation, measurement, and prevention. The TTNWeb is 
directly accessible from the internet via the World Wide Web at the 
following address, ``http://www.epa.gov/ttn.'' The web site 
specifically related to this action can be found at the following 
address, ``http://www.epa.gov/ttn/uatw/coat/aerocoat/aero__coat.html'' 
and the CTG can be accessed under the Existing Regulations section of 
this site.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel Brown, (919) 541-5305, 
Coatings and Consumer Products Group, Emission Standards Division (MD-
13), U.S. Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711 ([email protected]).

SUPPLEMENTARY INFORMATION:
    Whom does this notice affect? These CTG, as originally issued, 
triggered requirements under section 182(b)(2) for States to submit 
rules requiring reasonable available control technologies for these 
industries if:

--they are located in areas that exceed the national ambient air 
quality standards for ozone; and
--they are (or have the potential to become) ``major'' sources of VOC 
emissions.

    This issuance does not affect any additional entities.

I. Why are we taking this action

    The final determination that CTG are substantially as effective as 
national regulations is published in a separate action in today's 
Federal Register and provides a detailed description of ground level 
ozone and the steps we are taking under section 183(e) of the Act to 
reduce emissions of VOC from consumer and commercial products. Our 
final determination was based, in part, on a comparison of the level of 
VOC control in the previously issued CTG with the estimated level of 
control possible from national regulations for these product 
categories.
    Upon making our final determination, we may issue CTG in lieu of 
national regulations in accordance with section 183(e)(3)(c) of the 
Act. This notice announces our decision to reissue these CTG as the 
section 183(e) CTG for these three product categories.

II. Administrative Requirements

1. General

    Today's action is not a rule; it is a notice that EPA is reissuing 
the existing CTG, already issued for other purposes, as CTG for section 
183(e). Since EPA has already issued these CTG and because the CTG 
themselves do not include binding regulations, but rather

[[Page 37784]]

define only presumptively the level of control to be reflected in State 
regulations for these categories, this notice does not impose any new 
regulatory requirements or costs. Therefore, the EPA has not prepared 
an assessment of the potential costs and benefits pursuant to Executive 
Order 12866, nor 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. The Congressional Review Act, 5 
U.S.C. 108, et seq., as added by the Small Business Regulatory 
Enforcement Fairness Act of 1996, does not apply because this action is 
not a rule, for purposes of 5 U.S.C. 804(3). Also, this Federal 
Register document does not contain any information collection 
requirements and, therefore, is not subject to the Paperwork Reduction 
Act (44 USC 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 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have 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.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This action is not subject 
to Executive Order 13045 because it is based on technology performance 
and not on health or safety risks.

3. Executive Order 12866 and Office of Management and Budget (OMB) 
Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether regulatory actions are significant and, 
therefore, subject to OMB review and the requirements of the Executive 
Order. The Executive 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 Executive Order 12866, the EPA has 
determined that this action is a ``significant regulatory action'' 
because it raises novel legal or policy issues arising out of legal 
mandates. As such, the EPA submitted this action to OMB for review. 
Changes made in response to OMB suggestions or recommendations are 
documented in the public record associated with our final determination 
that CTG are substantially as effective as national regulations. The 
final determination is published elsewhere in today's Federal Register.

    Dated: July 1, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-17494 Filed 7-12-99; 8:45 am]
BILLING CODE 6560-50-P