Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Best Available Controls for Consumer and Commercial Products (Including Architectural and Industrial Maintenance Coatings)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA44-1-7167a; A-1-FRL-5314-6]

Approval and Promulgation of Air Quality Implementation Plans;

Massachusetts; Best Available Controls for Consumer and Commercial

Products (Including Architectural and Industrial Maintenance Coatings)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the Commonwealth of Massachusetts. This revision

establishes and requires VOC emission standards for architectural and

industrial maintenance coatings and 10 categories of consumer products.

The intended effect of this action is to approve a revision to

Massachusetts SIP which reduces VOC emissions from architectural and

industrial maintenance coatings and 10 categories of consumer products.

This action is being taken in accordance with Section 183(e) of the

Clean Air Act.

DATES: This action is effective February 20, 1996, unless notice is

received by January 18, 1996, that adverse or critical comments will be

submitted. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Acting Director,

Air, Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.

Copies of the documents relevant to this action are available for

public inspection during normal business hours, by appointment at the

Air, Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, One Congress Street, 10th floor, Boston,

MA; Air and Radiation Docket and Information Center, U.S. Environmental

Protection Agency, 401 M Street, S.W., (LE-131), Washington, D.C.

20460; and the Division of Air Quality Control, Department of

Environmental Protection, One Winter Street, 8th Floor, Boston, MA

02108.

FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove, (617) 565-3246.

SUPPLEMENTARY INFORMATION: Under the Clean Air Act, EPA is required to

(1) study emissions of VOCs from consumer and commercial products; (2)

list those categories of products that account for at least 80 percent

of the total VOC emissions from consumer and commercial products in

areas of the country that fail to meet the national air quality

standards set for ground-level ozone; and (3) divide the list into four

groups, and regulate one group every two years using best available

controls, as defined by the Clean Air Act.

In March 1995, EPA issued a report to Congress, Study of Volatile

Organic Compound Emissions from Consumer and Commercial Products, which

evaluated the contribution of VOC emissions from consumer and

commercial products on ground-level ozone levels, and established

criteria and a schedule for regulating these products under the Clean

Air Act. Architectural coatings and consumer and commercial products

(24 categories of household products) are in the first

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group of products to be regulated by EPA no later than March 1997.

Massachusetts decided to adopt rules for consumer and commercial

products in advance of a federal rule, to get credit for reductions

from this category in its 15% plan.

Massachusetts was required to submit, by November 15, 1993, a SIP

revision for Reasonable Further Progress (RFP) for 15% reduction of

VOCs as necessary for moderate areas and above. The entire state of

Massachusetts is classified as serious nonattainment area, therefore

the 15% plan must cover the entire state.

On May 6, 1994, the Massachusetts DEP submitted to EPA for comment,

proposed amendments to the SIP to address the RFP requirements

including new air pollution control regulations entitled ``Control of

Volatile Organic Compounds from Consumer and Commercial Products'' and

``Control of VOCs from Architectural and Industrial Maintenance

Coating.'' Massachusetts held a public hearings on May 6, 10, 11, and

13, 1994 throughout the State for its proposed architectural and

industrial maintenance coatings rule. Public hearings were held June 22

and 24 for Massachusetts' proposed consumer and commercial products

rule. EPA submitted written comments regarding the proposed regulations

on May 19, 1994 and June 22, 1994. Subsequent to the public hearings,

Massachusetts decided to consolidate the architectural and industrial

maintenance coatings rule and the consumer and commercial products rule

into a single rule. The consolidated rule was effective on November 18,

1994, upon publication in the Massachusetts Register.

On January 9, 1995, the Commonwealth Massachusetts submitted a

formal revision to its State Implementation Plan (SIP). The SIP

revision amends 310 CMR 7.00 by adding Section 310 CMR 7.25, Best

Available Controls for Consumer and Commercial Products .

The adopted regulation 310 CMR 7.25, ``Best Available Controls for

Consumer and Commercial Products,'' regulates the VOC content of

consumer and commercial products. The regulation applies to any person

who sells, offers for sale, or manufactures for sale within

Massachusetts consumer and commercial products and architectural or

industrial maintenance coatings specified in 310 CMR 7.25.

Summary of SIP Revision

``Consumer product'' is defined by Massachusetts as: ``A chemically

formulated product used by household, commercial, and institutional

consumers including, but not limited to, detergents; cleaning

compounds; polishes; floor finishes; cosmetics; personal care products;

home, lawn, and garden products; disinfectants; sanitizers; and

automotive specialty products. This definition of ``consumer product''

excludes architectural coatings.''

``Architectural Coating'' is defined as: ``Any coating which is

applied to stationary structures or their appurtenances, mobile homes,

pavements, or curbs.''

The consumer products portion of the rule, section 7.25(12),

contains limits that specify the maximum allowed VOC content (%VOC by

weight) for the following categories of commercial and consumer

products: air fresheners, cleaners, engine degreasers, floor polishes/

waxes, furniture maintenance products, general purpose cleaners, glass

cleaners, hair spray, insecticides, laundry prewash, antiperspirants

and deodorants. Manufacturers must comply with these limits by October

1, 1995.

The Architectural and Industrial Maintenance portion of the rule,

section 7.25(11), requires manufacturers to comply with VOC limits

(grams VOC/liter or lbs VOC/gal) by October 1, 1995, for the following

categories of Architectural coatings: flat coatings, non-flat coatings,

anti-graffiti coating, bituminous pavement sealer, bond breakers,

calcimine recoating product, concrete curing compound, concrete/masonry

conditioner, dry fog coating, fire retardant coating, form release

compound, graphic arts coating (sign paint), high temperature

industrial maintenance coating, industrial maintenance coating,

lacquer, magnesite cement coating, mastic texture coating, metallic

pigmented coating, multicolor coating, pretreatment wash primer,

primer/sealer/undercoat, quick dry primer/sealer/undercoat, roof

coating, sanding sealer, shellac, stains, opaque, swimming pool

coating, tile-like glaze, traffic coating, varnish, waterproofing

sealer, wood preservative, and any other architectural coating not

otherwise specified.

EPA's evaluation is detailed in a memorandum, entitled ``Technical

Support Document for Massachusetts Air Pollution Control Regulation ,

310 CMR 7.25, Best Available Controls for Consumer and Commercial

Products (including Architectural and Industrial Maintenance

Coatings).''

EPA is publishing this action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective February 20, 1996 unless adverse or critical comments are

received by January 18, 1996.

If the EPA receives such comments, this action will be withdrawn

before the effective date by simultaneously publishing a subsequent

notice that will withdraw the final action. All public comments

received will then be addressed in a subsequent final rule based on

this action serving as a proposed rule. The EPA will not institute a

second comment period on this action. Any parties interested in

commenting on this action should do so at this time. If no such

comments are received, the public is advised that this action will be

effective on February 20, 1996.

Final Action

EPA is approving Section 310 CMR 7.25, Best Available Controls for

Consumer and Commercial Products.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Madates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Section 183(e) of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain actions and also require the private sector to

perform certain duties. To the extent that the rules being approved by

this action will impose no new requirements; such sources are already

subject to these regulations under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

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this final action does not include a mandate that may result in

estimated costs of $100 million or more to State, local, or tribal

governments in the aggregate or to the private sector.

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future notice will inform the general public of

these tables.

The OMB has exempted this action from review under Executive Order

12866.

SIP approvals under section 110 and subchapter I, Part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410 (a)(2).

On January 6, 1989, the Office of Management and Budget (OMB)

waived Table 2 and Table 3 revisions (54 FR 2222) from the requirements

of Section 3 of Executive Order 12291 for a period of two years. EPA

has submitted a request for a permanent waiver for Table 2 and Table 3

SIP revisions. OMB has agreed to continue the temporary waiver until

such time as it rules on EPA's request.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan. Each request for revision to

the State implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by February 20, 1996. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Note: Incorporation by reference of the State Implementation

Plan for the Commonwealth of Massachusett was approved by the

Director of the Federal Register on July 1, 1982.

Dated: September 21, 1995.

John P. DeVillars,

Regional Administrator, EPA New England.

Part 52 of chapter I, title 40 of the Code of Federal Regulations

is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart W--Massachusetts

2. Section 52.1120 is amended by adding paragraph (c)(108) to read

as follows:

Sec. 52.1120 Identification of plan.

* * * * *

(c) * * *

(108) Revisions to the State Implementation Plan submitted by the

Massachusetts Department of Environmental Protection on January 9,

1995.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental

Protection dated January 9, 1995 submitting a revision to the

Massachusetts State Implementation Plan.

(B) The following portions of the Rules Governing the Control of

Air Pollution for the Commonwealth of Massachusetts effective on

November 18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U

Best Available Controls for Consumer and Commercial Products.

3. In Sec. 52.1167, Table 52.1167 is amended by adding a new entry

for 310 CMR 7.25 in numerical order to read as follows:

Sec. 52.1167 EPA-approved Massachussetts State regulations.

* * * * *

Table 52.1167.--EPA-Approved Rules and Regulations

[See Notes at end of table]

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Date Comments/

State citation Title/subject submitted Date approved by EPA Federal Register citation 52.1120(c) unapproved

by State sections

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* * * * * * *

310 CMR 7.25........... Best available 11/18/94 December 19, 1995........... 60 FR 65242..................... 108 Includes

controls for architectural &

consumer and industrial

commercial maintenance

products. coatings.

* * * * * * *

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[FR Doc. 95-30797 Filed 12-18-95; 8:45 am]

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