[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Proposed Rules]
[Pages 34964-34966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14777]



40 CFR Part 52

[EPA-R03-OAR-2010-0319; FRL-9164-3]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Amendment to Consumer Products and Architectural and 
Industrial Maintenance Coatings Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania concerning 
amendments to the Pennsylvania Consumer Products and Architectural and 
Industrial Maintenance Coatings Regulations. The revision amends 25 Pa. 
Code Chapter 130, Subchapters B and C (relating to consumer products 
and architectural and industrial maintenance (AIM) coatings) in order 
to reduce volatile organic compounds (VOCs). This action is being taken 
under the Clean Air Act (CAA).

DATES: Written comments must be received on or before July 21, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0319 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2010-0319, Cristina Fernandez, Office of Air 
Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0319. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be

[[Page 34965]]

able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at [email protected].


I. Background

    On March 11, 2009, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted a revision to its SIP for amendments to 25 
Pa. Code Chapter 130, Subchapters B and C (relating to consumer 
products and AIM coatings). This SIP revision amends 25 Pa. Code 
Chapter 130, Subchapters B by adding VOC content limits for an 
additional 11 categories of consumer products and revising the VOC 
content limits for one category of consumer products currently 
regulated. The revision also adds definitions for approximately 30 new 
terms, including those that relate to the newly regulated product 
categories and amends definitions for approximately 75 existing terms 
in order to provide clarity. Additionally, the term ``VOC--volatile 
organic compound'' is added to Subchapter B.
    The SIP revision changes the definition of the term ``VOC--volatile 
organic compound'' in Subchapter C (relating to AIM coatings) to mirror 
the definition of the term in 25 Pa. Code Chapter 121 (relating to 
definitions). This revision will make the most currently VOC exempt 
compounds available as tools to reduce ozone formation.
    The standards and requirements contained in Pennsylvania's consumer 
products rule are consistent with the Ozone Transport Commission (OTC) 
model rule. The OTC consumer products model rule was based on the 
existing rules developed by the California Air Resources Board, which 
were analyzed and modified by the OTC workgroup to address VOC 
reduction needs in the Ozone Transport Region (OTR). Implementing this 
rule will result in SIP emission reductions in VOC to support the 
attainment demonstrations, and reductions in ground-level ozone in 
other areas of the OTR.

II. Summary of SIP Revision

    This SIP revision consists of the following amendments:
    1. Adds and/or amends definitions, terms, and sections in 25 Pa. 
Code Chapter 130, Subchapters B and C for clarity, style, format, and 
consistency with the OTC Model Rule and Federal definitions.
    2. Adds and/or amends sections in 25 Pa. Code Chapter 130, 
Subchapter B in order to incorporate future changes in test procedures, 
delete an unnecessary reference to a California regulatory provision, 
delete and move definitions and terms, allow for the sell-through of 
product manufactured prior to applicable effective dates, update the 
product dating, establish the lowest applicable VOC limit requirements, 
require additional information on product containers, and establish 
requirements for a variance or alternative control plan (ACP).
    3. Establishes under 25 Pa. Code Chapter 130, Subchapter B, 
applicability to any person who sells, supplies, offers for sale, or 
manufactures consumer products on and after applicable compliance 
    4. Establishes under 25 Pa. Code Chapter 130, Subchapter B, the 
percentage of VOC by weight that cannot be exceeded for consumer 
products that are sold, supplied, offered for sale or manufactured for 
sale in the Commonwealth of Pennsylvania, and lists exemptions from the 
VOC limits. The rule also contains requirements for the following: (1) 
Products registered under FIFRA, (2) products requiring dilution, (3) 
sell-through of products, (4) aerosols adhesives, (5) charcoal lighter 
materials, and (6) floor wax strippers.
    5. Establishes under 25 Pa. Code Chapter 130, Subchapter B, 
exemptions for the following: (1) Products for shipment and use outside 
the Commonwealth, (2) antiperspirants and deodorants, (3) products 
registered under FIFRA, (4) air fresheners, (5) adhesives, (6) bait 
station insecticides, and (7) fragrances.
    6. Establishes under 25 Pa. Code Chapter 130, Subchapter B, 
applicability for ACPs for consumer products and criteria for 
innovative products exemption and requirements for waiver requests. The 
rule also contains grounds for requesting a variance, as well as 
applicability for ACPs for consumer products. ACPs for consumer 
products are provided by allowing responsible parties the option to 
voluntarily enter into separate ACP agreements for the consumer 
products mentioned above. In addition, the rule contains the following 
administrative requirements: (1) Product dating, (2) most restrictive 
limit, (3) labeling, and (4) recordkeeping and reporting, as well as 
test methods for demonstrating compliance.
    7. Establishes under 25 Pa. Code Chapter 130, Subchapter C, the 
meaning of ``VOC--volatile organic compound,'' unless the context 
clearly indicates otherwise.
    Further details of the Commonwealth of Pennsylvania's regulation 
revisions can be found in a Technical Support Document prepared for 
this proposed rulemaking action.

III. Proposed Action

    EPA has determined that the revisions made to 25 Pa. Code Chapter 
130, Subchapters B and C meet the SIP revision requirements of the CAA 
and is proposing to approve the amendments to Pennsylvania's Consumer 
Products and AIM Coatings Regulations. This revision will result in the 
reduction of VOC emissions in the Commonwealth of Pennsylvania. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely proposes to approve State law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 

[[Page 34966]]

of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, pertaining to Pennsylvania's amendment 
to 25 Pa. Code Chapter 130, Subchapters B and C (relating to 
Pennsylvania's Consumer Products and AIM Coatings Regulations), does 
not have Tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), because the SIP is not approved to apply 
in Indian country located in the State, and EPA notes that it will not 
impose substantial direct costs on Tribal governments or preempt Tribal 

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-14777 Filed 6-18-10; 8:45 am]