National Volatile Organic Compound Emission Standards for Consumer Products

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 59

[AD-FRL-6149-8]

RIN 2060-AF62

National Volatile Organic Compound Emission Standards for

Consumer Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national volatile organic compound

(VOC) emission standards for certain categories of consumer products

pursuant to section 183(e) of the Clean Air Act (Act). This final rule

is based on the Administrator's determination that VOC emissions from

the use of consumer products can cause or contribute to ozone levels

that violate the national ambient air quality standards (NAAQS) for

ozone. Ozone is a major component of smog which causes negative health

and environmental impacts when present in high concentrations at ground

level. The final rule is estimated to reduce VOC emissions by 90,000

tons per year (tpy) by requiring manufacturers, importers, and

distributors to limit the VOC content of consumer products. the EPA

developed these requirements in consultation with major stakeholders

and these requirements are similar to existing standards in certain

States. To date, many companies have taken steps to reformulate their

products to emit less VOC.

EFFECTIVE DATE: The effective date is September 11, 1998. The

incorporation by reference of certain publications listed in the

regulation is approved by the Director of the Federal Register as of

September 11, 1998.

ADDRESSES: Background Information Document. The background information

document (BID) for the promulgated consumer product standards (referred

to as the ``CP-BID'') may be obtained from the docket for this

rulemaking and is also available for downloading from the Technology

Transfer Network (TTN) at ``http://www.epa.gov/ttn/oarpg/ramain.html,''

or from the United States Environmental Protection Agency Library (MD-

35), Research Triangle Park, North Carolina 27711, telephone (919) 541-

2777. Please refer to ``National Volatile Organic Compound Emission

Standards for Consumer Products--Background for Promulgated Standards''

(EPA Document Number 453/R-98-008B). The CP-BID contains a summary of

the changes made to the standards since proposal, a summary of all the

public comments made on the standards, and EPA's responses to the

comments.

Docket. Docket No. A-95-40, containing supporting information used

in developing the promulgated standards, is available for public

inspection and copying from 8:00 a.m. to 5:30 p.m. Monday through

Friday, at the EPA's Air and Radiation Docket and Information Center,

Waterside Mall, Room M-1500, Ground Floor, 401 M Street, SW,

Washington, DC 20460. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT:

Mr. Bruce Moore at (919) 541-5460, Coatings and Consumer Products

Group, Emission Standards Division (MD-13), United States Environmental

Protection Agency, Research Triangle Park, North Carolina 27711

([email protected]).

SUPPLEMENTARY INFORMATION:

Regulated Entities. Regulated categories and entities include:

[[Page 48820]]

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Category Examples of regulated entities

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Industry............................. Manufacturers, distributors, or

importers of consumer products

that are listed in tables 1-3

and that are manufactured for

sale or distribution in the

United States, including all

United States territories.

Federal government................... Not affected.

State/local/tribal government........ Not affected.

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This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities that the EPA is now

aware could potentially be regulated by this action. To determine

whether you are regulated by this action, you should carefully examine

the applicability criteria in Section 59.201 of the final rule. If you

have any questions regarding the applicability of this action to a

particular entity, consult the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

Judicial review. The EPA proposed this section 183(e) rule for

consumer products on April 2, 1996 (61 FR 14531). This notice

promulgating a rule for consumer products constitutes final

administrative action concerning that proposal. Under section 307(b)(1)

of the Act, judicial review of this final rule is available only by

filing a petition for review in the United States Court of Appeals for

the District of Columbia Circuit by November 10, 1998. Under section

307(d)(7)(B) of the Act, only an objection to this rule which was

raised with reasonable specificity during the period for public comment

can be raised during judicial review. Moreover, under section 307(b)(2)

of the Act, the requirements established by today's final action may

not be challenged separately in any civil or criminal proceeding

brought by the EPA to enforce these requirements.

Technology Transfer Network. The TTN is one of the EPA's technical

web sites. The TTN provides information and technology exchange in

various areas of air pollution control, including copies of this rule

and supporting documents. The TTN is free and is accessible through the

Internet at ``http://www.epa.gov/ttn/oarpg/ramain.html'' For more

information on the TTN, call the HELP line at (919) 541-5384.

Outline. The following outline is provided to aid in reading this

preamble to the final rule.

I. Purpose and Summary of the Standards

A. Purpose of Regulation

1. Ground-level ozone

2. Consumer products regulation

3. Background on section 183(e)

B. Summary of the Standards

II. Summary of Considerations in Developing the Rule

A. Technical Basis of Regulation

B. Stakeholder and Public Participation

III. Summary of Impacts

A. Volatile Organic Compound Reductions

B. Secondary Air, Water, and Solid Waste Impacts

C. Energy Impacts

D. Economic Impact Analysis

IV. Significant Comments and Changes to the Proposed Rule

A. Changes to the Proposed Rule

1. Definition of regulated entity

2. Definition of United States

3. Variances

4. Recordkeeping and reporting requirements

5. Administrative provisions

B. Significant Comments for Which No Rule Changes Were Made

1. Cost-effectiveness

2. Other systems of regulation

3. Use of control techniques guidelines in lieu of a national

rule

4. Regulation of only a subset of consumer products

V. Administrative Requirements

A. Docket

B. Paperwork Reduction Act

C. Executive Order 12866

D. Executive Order 12875

E. Regulatory Flexibility Act

F. Submission to Congress and the Comptroller General

G. Unfunded Mandates Act of 1995

H. National Technology Transfer and Advancement Act

I. Applicability of Executive Order 13045

I. Purpose and Summary of the Standards

A. Purpose of Regulation

1. Ground-level Ozone

Ground-level ozone, which is a major component of ``smog,'' is

formed in the atmosphere by reactions of VOC and oxides of nitrogen

(NOX) 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 transient pulmonary function responses,

transient respiratory symptoms, effects on exercise performance,

increased sensitivity of airways to irritants, increased susceptibility

to respiratory infection, increased hospital admissions and emergency

room visits, and transient 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.

2. Consumer Products Regulation

Emissions of VOC from the use of consumer products are not

currently regulated at the Federal level. However, eight States

(California, Connecticut, Massachusetts, New Jersey, New York, Oregon,

Rhode Island, and Texas) are currently enforcing VOC standards for

various categories of consumer products. All of these State rules

address at least some of the products covered by this rule.

Representatives of the consumer products industry have expressed

concern that differences in State and local requirements for consumer

products could disrupt the national distribution network for consumer

products. They have, therefore, urged the EPA to issue rules for

consumer products to encourage consistency across the country. Many

States with ozone pollution problems are also supportive of an EPA

rulemaking that will assist them in their efforts toward achievement of

ozone attainment. At least 13 States have included anticipated

reductions from the Federal consumer products rule as part of their

State implementation plans to reduce their State's overall VOC

emissions.

In response to these concerns, the EPA listed for regulation the 24

categories of household consumer products addressed by this rule. The

standards establish VOC content limits for these 24 categories of

consumer products. The existence of a national rule is not meant to

imply that it would

[[Page 48821]]

be inappropriate for States to develop more stringent levels of

controls, or maintain more stringent controls already in place, where

necessary, to attain the ozone standard. Instead, the national standard

is expected to reduce the number of States needing to develop new,

separate rules for these categories.

3. Background on Section 183(e)

Section 183(e) of the Act mandates a new regulatory program for

controlling VOC emissions. Through this provision, Congress required

the EPA to conduct a study of emissions of VOC into the ambient air

from consumer and commercial products and to list for regulation, based

on the study, categories of products that have the potential to

contribute to ozone nonattainment.

In accordance with section 183(e) of the Act, the Administrator has

determined that VOC emissions from the use of consumer products have

the potential to contribute to ozone levels that violate the NAAQS for

ozone. The EPA and many States consider the regulation of consumer

products to be an important component of the overall approach to

reducing those emissions that contribute to nonattainment. The EPA's

determination that VOC emissions from the use of consumer products have

the potential to contribute to nonattainment of the ozone NAAQS and the

decision to regulate consumer products were discussed in the preamble

to the proposed rule (61 FR 32729), in the Report to Congress on

Consumer and Commercial Products (Docket No. A-95-40, Item No., II-A-

1), and in the Federal Register notice announcing the schedule for

regulation (60 FR 15264).

A separate document in today's Federal Register contains the final

notice that lists consumer products for regulation under section

183(e). The document describes section 183(e) of the Act and provides a

summary of public comments and the EPA responses regarding the Report

to Congress and the list and schedule for regulation.

B. Summary of the Standards

The final rule applies to manufacturers, importers, and

distributors of subject consumer products manufactured for sale or

distribution in the United States, including the District of Columbia

and all United States territories. The regulated entity in each case is

the manufacturer, distributor, or importer named on the label of the

regulated consumer product. If the product is manufactured by a company

not named on the label of the product, the manufacturer of the product

is also a regulated entity for purposes of compliance with the VOC

content or emission limits. The VOC content limits for all product

categories except charcoal lighter material are presented in tables 1

and 2, and the VOC emission limit for charcoal lighter material is

presented in table 3 of this preamble. The VOC content limits presented

in tables 1 and 2 and the VOC emission limit presented in table 3 must

be achieved by December 10, 1998 for all products that are not

registered under the Federal Insecticide, Fungicide, and Rodenticide

Act (7 U.S.C. 136-136y) (FIFRA). Because of the time needed for

registration of new or reformulated products under FIFRA, the

compliance date for FIFRA-regulated products is 1 year later than that

for non-FIFRA-regulated products. Accordingly, for those consumer

products that are subject to FIFRA, the VOC content limits must be

achieved by December 10, 1999.

Table 1 of Subpart C.--Product Category Table of Standards: VOC Content

Limits

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VOC content

Product category limit (weight-

percent VOC)

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Air fresheners:

Single-phase........................................ 70

Double-phase........................................ 30

Liquids/pump sprays................................. 18

Solids/gels......................................... 3

Automotive windshield washer fluid 35

Bathroom and tile cleaners:

Aerosols............................................ 7

All other forms..................................... 5

Carburetor and choke cleaners........................... 75

Cooking sprays--aerosol................................. 18

Dusting aids:

Aerosols............................................ 35

All other forms..................................... 7

Engine degreasers....................................... 75

Fabric protectants...................................... 75

Floor polishes/waxes:

Products for flexible flooring materials............ 7

Products for nonresilient flooring.................. 10

Wood floor wax...................................... 90

Furniture maintenance products--aerosol................. 25

General purpose cleaners................................ 10

Glass cleaners:

Aerosols............................................ 12

All other forms..................................... 8

Hairsprays.............................................. 80

Hair mousses............................................ 16

Hair styling gels....................................... 6

Household adhesives:

Aerosols............................................ 75

Contact............................................. 80

Construction and panel.............................. 40

General purpose..................................... 10

Structural waterproof............................... 15

[[Page 48822]]

Insecticides:

Crawling bug........................................ 40

Flea and tick....................................... 25

Flying bug.......................................... 35

Foggers............................................. 45

Lawn and Garden..................................... 20

Laundry prewash:

Aerosols/solids..................................... 22

All other forms..................................... 5

Laundry starch products................................. 5

Nail polish removers.................................... 85

Oven cleaners:

Aerosols/pump sprays................................ 8

Liquids............................................. 5

Shaving creams.......................................... 5

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Table 2 of Subpart C.--Underarm Antiperspirant and Underarm Deodorant

Table of Standards: HVOCa Content Limits

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Percent HVOC

content limit

Product category (weight-

percent HVOC)

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Underarm antiperspirants--aerosol....................... 60

Underarm deodorants--aerosol............................ 20

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a High-volatility organic compound (HVOC) are VOC with vapor pressure

greater than 80 millimeters of mercury at 20 deg.C.

Table 3 of Subpart C.--Charcoal Lighter material Table of Standards: VOC

Emission Limit

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VOC emission

Product category limit (grams

(g)/start)

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Charcoal Lighter Material............................... 9

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Charcoal lighter material manufactured after December 10, 1998 may

not emit greater than 9 grams of VOC per start, as determined using

procedures specified in the regulation. Regulated entities for subject

charcoal lighter material must label their products with information

specifying the quantity of charcoal lighter material per pound of

charcoal that was used in the testing protocol for that product.

These compliance periods are consistent with those presented in the

proposed rule. The EPA believes that these intervals will provide

adequate time for the vast majority of regulated entities to achieve

compliance. The EPA included a variance provision in this rule (see

section 59.206) that may provide temporary relief for regulated

entities, especially small businesses, who cannot achieve compliance

because of extraordinary circumstances beyond reasonable control.

To identify consumer products that are subject to the rule, each

regulated entity of a subject consumer product must display on each

consumer product container or package, the day, month, and year on

which the product was manufactured, or a code indicating such date.

The following consumer products are exempt from the rule:

(1) Any consumer product manufactured solely for shipment and use

outside of the United States.

(2) Insecticides and air fresheners containing at least 98-percent

paradichlorobenzene or at least 98-percent naphthalene.

(3) Adhesives sold in containers of 0.03 liter (1 ounce) or less.

(4) Bait station insecticides. For the purpose of this rule, bait

station insecticides are containers enclosing an insecticidal bait that

does not weigh more than 14 grams, where bait is designed to be

ingested by insects and is composed of solid material feeding

stimulants with less than 5 percent by weight active ingredients.

(5) Air fresheners whose VOC constituents are 100-percent fragrance

materials.

(6) Non-aerosol moth proofing products that are principally for the

protection of fabric from damage by moths and other fabric pests in

adult, juvenile, or larval forms.

(7) Flooring seam sealers used to join or fill the seam between two

adjoining pieces of flexible sheet flooring.

The final rule also includes an innovative product provision which

allows a regulated entity to market a product with VOC content that

exceeds the limit in the rule under certain circumstances. The

regulated entity must provide supporting documentation that

demonstrates that the use of the product will result in VOC emissions

equal to or less than a complying consumer product due to some

characteristic of the product formulation, design, delivery system, or

other factor.

The final rule also allows a regulated entity to apply for a

temporary variance if, due to extraordinary circumstances beyond

reasonable control, the regulated entity cannot comply with the VOC

content limit requirements by the

[[Page 48823]]

specified compliance date. The final rule specifies the criteria that

must be met before the Administrator will grant a variance.

The rule does not require the submission of routine reports.

However, a regulated entity must provide evidence of compliance with

the rule whenever requested by the Administrator. Compliance with the

VOC content limits in tables 1 and 2 must be calculated from records of

the weight-percent of constituents used to make each batch of the

product. Compliance with the VOC emission limit for lighter material in

table 3 is based on procedures specified in section 59.208 of the rule,

or an alternate method approved by the Administrator.

Regulated entities must keep records of the design formulation for

each consumer product subject to the rule (except for charcoal lighter

materials), unless the manufacturer has submitted to the EPA a written

certification that the manufacturer will maintain the records for the

regulated entity. For each batch of production, a regulated entity must

maintain for 3 years accurate records of the weight-percent and

chemical composition of the individual product constituents. Regulated

entities of subject charcoal lighter materials must keep records for 3

years of the results of tests performed according to section 59.208 of

the final rule.

The final rule requires that each regulated entity of any subject

consumer product submit a one-time Initial Notification Report to the

EPA containing the following information: (1) company name; (2) name,

title, phone number, address, and signature of certifying company

official; (3) a list of product categories and subcategories subject to

sections 59.203 and 59.204, as found in tables 1 and 2, for which the

company is currently the regulated entity; (4) description of date

coding systems, clearly explaining how the date of manufacture is

marked on each sales unit of subject consumer products and (5) name and

location of the designated recordkeeping agent, if any. If a date code

is revised, an updated description must be submitted within 30 days

following the change. The Initial Notification Report must be submitted

to the appropriate EPA Regional Office no later than December 10, 1998

or 30 days after becoming a regulated entity. Addresses for the EPA

Regional Offices are provided in section 59.210.

II. Summary of Considerations in Developing the Rule

A. Technical Basis of Regulation

Regulations under section 183(e) of the Act must reflect the EPA's

determination of best available controls (BAC) for the category of

product. As defined in section 183(e)(1) of the Act, BAC is

* * * the degree of emission reduction that the Administrator

determines, on the basis of technological and economic feasibility,

health, environmental, and energy impacts, is achievable through the

application of the most effective equipment, measures, processes,

methods, systems, or techniques, including chemical reformulation,

product or feedstock substitution, repackaging, and directions for

use, consumption, storage, or disposal.

As discussed in the preamble to the proposed rule (61 FR 14531,

April 2, 1996), the EPA has determined that BAC for 23 of the consumer

product categories covered by this rule consists of imposing specific

VOC content limits, expressed as the weight-percent VOC, for each

consumer product category. For charcoal lighter fluid, VOC limits are

best expressed as the amount of VOC emitted during use as determined by

the test method presented in section 59.208 of the rule. Section 183(e)

of the Act allows the EPA to consider a wide range of strategies to

achieve emission reductions through BAC. Section 183(e) provides that

the determination must be based upon technological and economic

feasibility, and upon health, environmental, and energy impacts. The

EPA has determined that, in most cases, all or most of a product's VOC

content is emitted during product use. Therefore, the EPA concluded

that limits on the amount of VOC incorporated into the products would

be the most feasible and least disruptive control measure.

Additionally, in working to comply with State VOC rules over the past

several years, the consumer products industry has established product

reformulation as the most technologically and economically feasible

strategy for reducing VOC emissions. The standards thus reflect the

degree of emission reduction that the EPA determines to be BAC. The EPA

selected the VOC limits based primarily on the EPA's consumer products

survey, analysis of existing State rules for consumer products, and

information gathered during the EPA's study of the consumer and

commercial products industry.

B. Stakeholder and Public Participation

Consumer product regulation development. The consumer product

standards were proposed and the preamble was published in the Federal

Register on April 2, 1996 (61 FR 14531). The EPA solicited public

comments at the time of proposal, and made available copies of the

regulatory text, Technical Support Document, and Economic Impact

Analysis for interested parties.

To provide interested parties the opportunity for oral presentation

of data, views, or arguments concerning the proposed consumer product

standards, the EPA held a public hearing in Research Triangle Park,

North Carolina on May 17, 1996. Thirteen speakers presented oral

testimony at this hearing. The public comment period was open from

April 2, 1996 to June 17, 1996. In all, the EPA received 67 comment

letters on the consumer products rule. Commenters included industry

representatives, States, trade associations, and others. The comments

have been carefully considered, and changes have been made to the

proposed standards when determined by the Administrator to be

appropriate. Significant comments are discussed in section IV of this

preamble. A detailed discussion of all public comments and the EPA's

responses can be found in the CP-BID, referenced in the ADDRESSES

section of this preamble.

Development of list and schedule for regulation. The EPA submitted

the Report to Congress, including the required criteria for regulation,

on March 23, 1995. A summary of the six-volume report (EPA-453/R-94-

066-a through f) was published at 60 FR 15264, along with a list of

product categories and the schedule for regulating them. The EPA

accepted public comments for submittal to the docket after this

publication. However, the EPA considered the list and schedule as an

interim step to regulation rather than final EPA action. Therefore, the

EPA requested submission of public comments on the section 183(e)

regulatory list and schedule at the time the EPA proposes to regulate a

particular category of product. Since publication of the list and

schedule for regulation, the EPA has proposed regulations for three

product categories: architectural coatings (61 FR 32729), automobile

refinishing coatings (61 FR 19005), and consumer products (61 FR 4531).

Commenters submitted a total of 85 comment letters on the section

183(e) study and Report to Congress and the list and schedule for

regulation. In addition, a total of 12 speakers testified on the list

and schedule for regulation at the three individual public hearings

held for these rules. The listing notice for consumer products, which

can be found elsewhere in today's Federal

[[Page 48824]]

Register, contains a detailed discussion of all these public comments

and the EPA's responses.

III. Summary of Impacts

A. Volatile Organic Compound Reductions

The standards imposed by these regulations will reduce nationwide

emissions of VOC from consumer products by 82,000 megagrams per year

(Mg/yr) (90,000 tpy) relative to emissions in 1990. This reduction

represents a 20 percent reduction from the 1990 baseline.

B. Secondary Air, Water, and Solid Waste Impacts

The EPA anticipates no adverse secondary air, water, or solid waste

impacts from compliance with these standards. In general, the standards

will lead to product reformulation to reduce the amount of VOC released

into the ambient air. While some additional water is likely to be added

to formulations, this increase is not expected to result in additional

waste water discharges to the environment.

The regulations do not impact existing product inventories.

Products manufactured before the compliance dates discussed in section

I.B. are not affected. Excluding existing product inventories from the

regulations will eliminate any incremental solid waste increase due to

discarded unsold products. The new products are not expected to require

any more packaging than existing products; thus, the volume of

discarded packaging should not increase.

C. Energy Impacts

The EPA anticipates no increase in energy usage as a result of this

rule. The standards do not require the use of control devices that

utilize energy to reduce the amount of VOC emitted to the air. The EPA

is also not aware of any incremental energy use increase expected from

the production of new formulations of consumer products.

D. Economic Impact Analysis

By establishing a set of product-specific standards for VOC

content, the rule has cost implications for producers of the affected

products. Manufacturers of consumer products that do not meet the VOC

levels in the rule will be required to reformulate such products if

they wish to continue marketing these products. Each option imposes

costs, some of which will be passed on to other members of society

(consumers) in the form of higher prices, and some of which will be

borne directly by manufacturers.

The cost of reformulation includes the resources that must be

devoted to creating a compliant product, e.g., research and development

expenditures plus any net changes in the variable cost of producing the

new product. Variable costs may be affected by changes in the material

composition of the new product. The cost for each noncompliant product

depends on the level of effort required to develop a new product and

how these expenditures are incurred over time. Reformulation cost data

were provided by industry to the EPA for prototype reformulations in

the consumer product categories.

Under a worst-case scenario, implementation of these standards

would result in national annualized costs of $26 million per year

(presented in 1991 dollars). This estimate includes the annualized one-

time costs of product reformulation assuming all products exceeding the

VOC standards will be reformulated. Recordkeeping and reporting costs

have been estimated to be approximately $960,000 per year. Therefore,

the total annualized costs are approximately $27 million. There are no

monitoring requirements for this rule. No significant capital

expenditures are expected. The EPA has determined, and the consumer

products industry has concurred, that a significant proportion of

subject products have been reformulated in response to State

regulations and in anticipation of this final rule. Data are not

available to quantify the proportion of the one-time reformulation

costs that have already been incurred. To the extent that

reformulations have already taken place since 1990, this cost estimate

will overstate the true costs of this regulation. Also, products

produced in small volumes are likely to be withdrawn from the market

rather than incur the fixed costs of reformulation. This also leads to

a lower national cost.

The collective effect of some products being removed from the

market and other products bearing higher costs of production will

likely lead to changes in market prices and quantities. The estimated

market effects are generally quite small. Price effects in each market

range from no effect to an approximated 3-percent price increase.

Market-level price effects are expected to be typically less than one-

tenth of 1 percent. Similarly, the reduction in production is projected

to be small, ranging from virtually no effect to a 1.7-percent

reduction. The reduction in production will typically be less than one-

tenth of one percent.

Giving consideration to producers' choices for the least costly

compliance option (i.e., reformulation or product withdrawal) and

adjustments that will occur in the market, the estimated social cost of

the regulation (including reformulation costs or lost profits from

product withdraws) is approximately $21 million per year (estimated in

1991 dollars), with an estimated range from $17 million to $23 million

by varying some key assumptions. This range of total social cost falls

below 1 percent of baseline revenue for the affected industry sectors.

IV. Significant Comments and Changes to the Proposed Rule

The EPA received a total of 67 comment letters during the public

comment period following proposal of the consumer products rule. In

addition, 13 speakers presented testimony at a public hearing held in

Research Triangle Park, North Carolina, on May 17, 1996. The more

significant comments on the consumer products rule are discussed in

this section of the preamble. A complete summary of comments on the

consumer products rule and the EPA's full responses are presented in

the CP-BID, as referenced in the ADDRESSES section of this preamble.

In response to public comments on the proposed standards, the EPA

has made several changes to the final rule. While most of the changes

are clarifications designed to make the EPA's intent clearer, the EPA

did make minor changes to the proposed requirements based upon comments

received.

A. Changes to the Proposed Rule

The EPA has made certain changes to the final rule regarding

definitions, variances, recordkeeping, and reporting requirements, and

administrative provisions as detailed below.

1. Definitions of Regulated Entity, Manufacturer, and Person

The proposed rule specified that the standards would ``apply to

manufacturers, processors, wholesale distributors, or importers of

consumer products.'' A ``manufacturer'' was defined as any person who

imports, manufactures, processes, or distributes a consumer product. A

``distributor'' was defined as any person to whom a consumer product is

sold or supplied for the purposes of resale or distribution in

commerce.

Several commenters indicated that the rule could be interpreted as

applying too broadly to entities that are not responsible for

development or formulation of a product. Clarification of the

definition of regulated entity was also requested by several commenters

[[Page 48825]]

concerned about unclear responsibility for recordkeeping and reporting.

The EPA has revised the definition of ``regulated entity'' and

``manufacturer'' in order to clarify its intent. Since ``regulated

entity'' is defined under section 59.201, it has been deleted from

section 59.202 to avoid redundancy. Under section 59.201(b),

``regulated entity'' is now defined as follows:

The regulated entity is (1) the manufacturer or importer of the

product and (2) any distributor that is named on the product label.

The manufacturer or importer of the product is a regulated entity

for purposes of compliance with the VOC content or emission limits

in section 59.203, regardless of whether the manufacturer or

importer is named on the label or not.

The distributor, if named on the label, is the regulated entity

for purposes of compliance with all sections of the rule, except for

section 59.203. Distributors whose names do not appear on the label

are not regulated entities. If no distributor is named on the label,

then the manufacturer or importer is responsible for compliance with

all sections of the rule.

In order to avoid having a processor or contract filler be solely

accountable for products manufactured to a customer's specifications,

the definition of ``manufacturer'' in section 59.202 was revised as

follows:

Manufacturer means any person who manufactures or processes a

consumer product. Manufacturers include: (1) processors who blend

and mix consumer products; (2) contract fillers who develop formulas

and package these formulas under a distributor's label; (3) contract

fillers who manufacture products using formulas provided by a

distributor; and (4) distributors who specify formulas to be used by

contract fillers or processors.

The intent of these revisions is to clarify that, under conditions

where distributors have no direct control over the product VOC content

(either through manufacturing or processing the product themselves, or

by specifying a particular formulation to be used), distributors named

on the label are subject to all the provisions of subpart C except the

VOC content or emission limits in section 59.203. However, distributors

(whether or not named on the label) who specify that a particular

formulation be used would be considered ``manufacturers'' and would,

therefore, be subject to the VOC content or emission limits.

In order to clarify what is meant by the term ``person,'' EPA has

revised section 59.202 to include a definition of ``person'' as

follows:

Person means an individual, corporation, partnership,

association, State, any agency, department, or instrumentality of

the United States, and any officer, agent, or employee thereof.

2. Definition of United States

Following publication of the proposed rule, several inquiries were

received regarding applicability of the regulation to areas outside the

50 States. The EPA's intent is for the regulation to apply in the 50

States, the District of Columbia, and United States territories.

Consequently, in order to clarify this intent, the EPA has added a

definition of United States.

3. Variances

Section 59.206 of the proposed rule required that a public hearing

be held for each variance application. In order to streamline the

process, the EPA has changed the rule to provide that a hearing is not

mandatory. Notice of each variance application received will be

published in the Federal Register, and a hearing will be held only if

requested by the public.

Regulated entities may request a variance for a number of reasons.

For example, some manufacturers may need additional time for research

and development of a reformulated product that will comply with the VOC

limits in the rule. In some cases, manufacturers may need time to

perform product testing and to obtain approval from other government

agencies in order to reformulate certain products to comply with the

rule. In other cases, manufacturers may require additional time to

complete the registration process for reformulated pesticide products.

While some variances may be sought in order to delay initial

compliance with the rule for a variety of reasons, there may be

occasions in the future when regulated entities may not be able to

comply for some finite period of time. For example, a particular

ingredient essential to the formulation of a compliant product might be

temporarily unavailable due to reasons beyond the control of the

regulated entity. In that case, the manufacturer may need to substitute

an ingredient that would cause the product to exceed the VOC content or

emission standard for that product category. In such a case, the

manufacturer could seek a variance to allow continued marketing of the

product during the period of time that the proper feedstock is

unavailable.

4. Recordkeeping and Reporting Requirements

The proposed rule stated that the recordkeeping and reporting

requirements applied to each manufacturer or importer subject to

provisions of Sec. 59.203(a). Commenters questioned who exactly was

required to meet the recordkeeping and reporting requirements, (i.e.,

the manufacturer, the importer, or the distributor). Some manufacturers

mentioned that they had distributors who would be unable to meet the

recordkeeping and reporting requirements because they did not have

access to the manufacturer's product formulation data. Manufacturers,

distributors, and retailers expressed concern about trade secrets and

proprietary formulations being revealed to other commercial businesses

in order to achieve compliance. Because of such concerns, several

commenters requested that the regulated entity be allowed to delegate

the responsibility for maintaining records.

It was the EPA's intent that the regulated entity (the party with

ultimate control over the VOC content of the product) also be

responsible for the recordkeeping and reporting requirements. In

response to concerns raised about trade secrets and proprietary

information, the recordkeeping and reporting requirements of section

59.209(a) were revised to indicate that the manufacturer may provide

written certification to the EPA accepting responsibility for the

recordkeeping requirements on behalf of the regulated entity.

Failure to maintain the required records may result in enforcement

action by the EPA against the certifying manufacturer in accordance

with the enforcement provisions applicable to violations of these

provisions by regulated entities. The certifying manufacturer may

revoke the written certification by sending a written statement to the

EPA and the regulated entity giving at least 90 days notice that the

certifying manufacturer is rescinding acceptance of responsibility for

compliance with the recordkeeping requirements listed in this

paragraph. Upon expiration of the notice period, the regulated entity

must assume responsibility for maintaining the records specified in

this paragraph. Written certifications and revocation statements to the

EPA from the certifying manufacturer shall be signed by the responsible

official of the certifying manufacturer, provide the name and address

of the certifying manufacturer, and be sent to the appropriate EPA

Regional Office at the address listed in Section 59.210. Such written

certifications are not transferable by the manufacturer.

The EPA has made other changes to simplify the recordkeeping and

reporting requirements. Some commenters asserted that since the

[[Page 48826]]

Initial Notification Report contains the location where VOC content

records are maintained, it would be unnecessary to report the location

of all facilities where the subject products are manufactured or

distributed. The EPA simplified the recordkeeping and reporting section

for the initial notification reporting requirements to reduce the

amount of reporting required.

Because the Initial Notification Report contains the title, name,

address, and phone number of the responsible official, the location of

each facility and the location where the VOC content records are

maintained need only be supplied upon request by the Administrator,

rather than with each Initial Notification Report. In addition, if the

records specified in paragraphs (a)(1) and (a)(2) of section 59.209 are

to be maintained by the manufacturer, the name and location of the

designated recordkeeping agent must also be submitted as part of the

Initial Notification Report.

5. Administrative provisions

Since proposal, the EPA has added several new sections to the

regulation to aid in implementing the rule. These administrative

provisions do not add any new compliance requirements to the rule, and

pose no additional impacts on regulated entities. The new requirements

were added to provide consistent procedures for implementation. The

provisions that were added are as follow: (1) Addresses of EPA Regional

Offices, (2) State Authority, (3) Circumvention, (4) Incorporations by

Reference, and (5) Availability of Information and Confidentiality.

The section on addresses specifies the mailing addresses of EPA

Regional Offices for the submittal of required reports. The States and

territories served by the various Regional Offices are listed in this

section as well. The appropriate Regional Office for purposes of

reporting, variance applications, and innovative product applications

would be that Regional Office which serves the State or territory in

which the regulated entity's corporate headquarters are physically

located.

The section on State authority clarifies that this rule in no way

prevents States from adopting more stringent regulations. The section

on circumvention prohibits regulated entities from doing anything to

conceal what would otherwise be noncompliance, by such means as

falsifying records of product formulation or VOC content. The section

on incorporations by reference includes as part of the rule the

American Society for Testing and Materials (ASTM) methods that are

cited by reference. Finally, the section on availability of information

and confidentiality clarifies the type of information that is available

to the public, and provides for the confidential handling of any

proprietary information that may be submitted in response to the rule.

B. Significant Comments for Which No Rule Changes Were Made

In the preamble to the proposed rule (61 FR 14531, April 2, 1996),

the EPA solicited comments on several issues pertinent to this and

other section 183(e) rules. These issues included alternative

approaches to cost-effectiveness calculation, other systems of

regulation, use of control techniques guidelines (CTG) in lieu of

regulations, and regulation of only the most cost-effective subset of

the 24 consumer product categories. In addition, other significant

issues that were the topic of public comments (e.g., exemption of low

vapor pressure VOC, etc.) are discussed below. As distinct from EPA's

consideration of cost in the BAC analysis, the discussion in this

section did not form a basis for EPA's selection of BAC for the

categories of products regulated by the rule.

1. Cost-Effectiveness

Cost-effectiveness is a measure used to compare alternative

strategies for reducing pollutant emissions, or to provide a comparison

of a new strategy with historical strategies. The EPA's established

method of calculating cost-effectiveness of a rule with nationwide

applicability is to divide the total cost of the rule by total emission

reductions. In the proposal, the EPA requested comment on two

alternative ways of calculating cost-effectiveness for the consumer

products rule: (1) Cost-effectiveness considering emission reductions

in ozone nonattainment areas only, and (2) cost-effectiveness

considering emission reductions in ozone nonattainment areas during the

ozone season only.

Before discussing the comments received on this cost-effectiveness

methodology issue, it is important to note that the provisions and

rationale for today's rule are not dependent upon the disposition of

this issue. The EPA nonetheless took comment on the issue because this

rule was the first to be proposed under section 183(e) of the Act and

presented an opportunity to receive public input early in the program.

In regard to cost-effectiveness methodologies, the EPA received

comments from seven commenters who expressed divergent views on the

proper approach. Some favored the EPA's traditional measure of cost-

effectiveness, while others favored alternative approaches. After

considering these comments, the EPA does not plan to adopt these

alternative approaches to calculating cost-effectiveness for rules with

nationwide control requirements, for reasons that are presented below.

One issues raised by the comments is whether the EPA's traditional

measure creates a bias against strategies that apply in a limited

geographic area (e.g., in nonattainment areas) relative to nationwide

strategies, or against seasonal strategies relative to year-round

strategies. This issue would arise if the EPA used cost-effectiveness

figures to compare the desirability of these dissimilar types of

strategies. In fact, the EPA did not use cost-effectiveness estimates

in this way in developing the consumer products rule.

In the case of the consumer products rule, the EPA considered

applying restrictions to consumer products only in nonattainment areas

(either by rule or through CTG for States). The EPA believes that

geographically targeted restrictions for these nationally distributed

consumer products would pose substantial implementation difficulties

for government and would impose substantial compliance burdens on a

large number of regulated entities. The EPA also believes that such

geographically targeted restrictions for these nationally distributed

products would be less effective at reducing emissions than a national

rule (see section IV.A. for further discussion). Because the EPA

determined that a strategy applicable only to nonattainment areas would

be less desirable than a national rule, the EPA did not see a need to

invest resources to pursue that strategy and calculate its cost-

effectiveness.

Some commenters said using one of the alternative cost-

effectiveness methodologies would enable the EPA to make valid cost-

effectiveness comparisons between nationwide and targeted geographic

strategies, or year-round and seasonal strategies, for reducing ozone

pollution. The EPA has not chosen these alternatives because it has the

following concerns about the two alternative approaches:

First, VOC emission reductions have benefits other than reducing

ozone levels in nonattainment areas. As a result, the EPA believes the

cost-effectiveness calculation for a nationwide, year-round rule should

not exclude VOC emission reductions in

[[Page 48827]]

attainment areas or outside the ozone season. The EPA recognizes that a

primary objective of section 183(e) of the Act is to reduce VOC

emissions in ozone nonattainment areas. However, as previously

explained, in the development of the consumer products rule, the EPA

believes that the best policy alternative is to implement a nationwide

rule. Therefore, emission reductions from this rule will not only be

realized in ozone nonattainment areas, but also in all other parts of

the country in which consumer products are distributed and consumed.

In general, the benefits of VOC reductions in ozone attainment

areas include reductions in emissions of VOC air toxics, reductions in

the contribution from VOC emissions to the formation of fine

particulate matter, and reductions in damage to agricultural crops,

forests, and ecosystems from ozone exposure. Emission reductions in

attainment areas help to maintain clean air as the economy grows and

new pollution sources come into existence. Also, ozone health benefits

can result from reductions in attainment areas, although the most

certain health effects from ozone exposure below the NAAQS appear to be

both transient and reversible. The closure letter from the Clear Air

Science Advisory Committee (CASAC) for the recent review of the ozone

NAAQS states that there is no apparent threshold for biological

responses to ozone exposure (Source: U.S. EPA; Review of NAAQS for

Ozone, Assessment of Scientific and Technical Information, Office of

Air Quality Planning and Standards Staff Paper; document number: EPA-

452/R-96-007).

Second, under either alternative approach, emission reductions in

ozone attainment areas would not be included in the calculation. This

appears to imply that emissions reductions in attainment areas do not

contribute to cleaner air in nonattainment areas. VOC sources in

regions adjacent to nonattainment areas may contribute to ozone levels

in nonattainment areas. As a result, a cost-effectiveness comparison

based on the alternative approaches sometimes could create a bias

against a nationwide rule relative to a strategy that applies in

nonattainment areas only.

In light of the transport issue, one commenter suggested that the

EPA apply a weighting factor to account for differences in the extent

to which emissions inside and outside nonattainment areas contribute to

ozone formation in nonattainment areas. The EPA is concerned that in

order to calculate cost-effectiveness using this concept, the EPA would

have to conduct extensive and costly air quality modeling to estimate

ozone reductions resulting from each candidate control strategy and

that this would require extensive data on the location of emissions.

Such detailed analysis is appropriate for some policy decisions, but

not for others. As a result, the EPA is skeptical that this weighting

approach would represent a generally useful analytical tool for

decision making.

The EPA, of course, agrees that differences in the location and

timing of emission reductions are a significant consideration in

choosing among alternative strategies. The extent of ozone reductions

and other benefits resulting from VOC emission reductions varies,

partly based on location and season. In considering nationwide vs.

geographically targeted controls, and year-round vs. seasonal controls,

the EPA considers available information on the effectiveness of those

strategies in reducing ozone--as well as other health and environmental

considerations, economic considerations, and other relevant factors--in

making a holistic assessment of which strategy is most desirable from

an overall public policy standpoint.

There are instances where the EPA does provide an estimate of cost-

effectiveness of a control strategy during the ozone season--generally,

when a control strategy is feasible to apply on a seasonal basis, or

when limits are set on a seasonal basis. Although these figures are

useful for comparing different seasonal strategies, the EPA does not

plan to use cost-effectiveness figures for inappropriate (i.e., apple

to orange) comparisons between seasonal and year-round strategies for

the 183(e) program for the reasons presented above. In regard to

today's rule, the EPA notes that the nature of consumer product

emissions does not allow for control strategies that reduce emissions

only during the ozone season to be an objective for consideration. One

reason is that the shelf life and consumption rate of consumer products

varies greatly and one cannot predict that a certain percentage of a

product made with a specified formulation will be consumed and thus

emitted during the ozone season. Because the Agency has concluded that

an ozone season-based approach is not a viable control strategy for

consumer products, the EPA did not believe it was appropriate to

develop a seasonal-based approach to measuring cost-effectiveness for

the consumer product rule.

2. Other Systems of Regulation

In the preamble to the proposed rule (61 FR 14531, April 2, 1996)

the EPA requested comment on any alternative to the proposed system of

regulation. Two commenters commented on the inclusion of emissions

trading under the proposed Open Market Trading Rule (OMTR) or Guidance

Document as an option for compliance with the consumer product

regulation. One commenter stated that open market trading assures

product quality while providing flexibility, cost savings, incentives

for innovation, and increased environmental performance to both

consumers and manufacturers of consumer products. The commenter stated

that open market trading increases the performance and effectiveness of

the consumer products rule in achieving meaningful ozone reduction. The

commenter stated that open market compliance options also ensure that

smaller manufacturers or marketers are not disadvantaged or put out of

business by the implementation of the regulations, which would reduce

competition and increase consumer costs.

One commenter stated that consumer product emission credit trading

is not appropriate for this regulation because market incentives,

including allowance for trading of emission credits from consumer

products, have not been adequately considered in this rulemaking action

and consumer product credit trading is extremely controversial. This

commenter stated that allowing the trading of emission credits can put

some companies at an extreme competitive disadvantage because of the

highly competitive nature of the consumer product market and the wide

diversity of resources and product mix between consumer product

manufacturers and distributors.

The EPA believes it is not appropriate to include the open market

trading provisions as a means for complying with the VOC limits for the

categories of consumer products subject to the final rule. The national

standards for consumer products would regulate products that typically

are distributed nationwide. By comparison, the open market trading

guidance alluded to by the commenter (proposed August 25, 1995, 60 FR

44290) is for State-developed regional trading programs addressing the

generation and use of discrete emission reductions within the

nonattainment areas covered by the program.

Three commenters requested that the EPA adopt an alternative

control plan (ACP) similar to the California Air Resources Board's ACP.

An ACP allows manufacturers that are unable to meet a specific VOC

content limit for one product to balance their non-compliant

[[Page 48828]]

product with the VOC reduction benefit from an over-compliant product.

One commenter indicated that an ACP is essential for sound consumer

product regulation because it provides the ability to reduce VOC

emissions while retaining the flexibility of continuing to market a

regulated product with a formulation that has superior performance,

thereby benefiting consumers. The commenter stated that an ACP would

provide an economic incentive to develop product technologies that are

lower in VOC than required by the table of standards and that a table

of standards alone tends to freeze technology development.The commenter

suggested that the EPA add an ACP provision to the national consumer

product rule at the first opportunity, without delaying the adoption of

the national rule.

The EPA has not adopted an ACP in the final rule but is still

considering whether or not to engage in a separate rulemaking effort to

develop one. The commenter's points will be factored into this

consideration. If warranted, the ACP will be proposed at a later date.

3. Use of Control Techniques Guidelines in Lieu of a National Rule

The EPA requested comment on whether and how a CTG approach would

be as effective as a national rule in reducing VOC emissions from

consumer products in ozone nonattainment areas. Over 40 commenters

stated that they support a national consumer products rule. In general,

the commenters gave similar reasons for their position as presented

below:

(i) A national rule is an effective way to ensure substantial

reduction in VOC emissions from consumer products without banning any

one product category or product form.

(ii) A national rule would reduce burden on manufacturers since it

would reduce or eliminate the need for multiple formulations to comply

with different State and local requirements.

Three commenters opposed a CTG approach for the following reasons:

(iii) A CTG would require that States with ozone nonattainment

areas adopt minimum requirements for those specific areas which would

discourage States from implementing a statewide regulation and would,

therefore, result in fewer emission reductions.

(iv) Ozone precursor emissions reductions (i.e., VOC and

NOX) are necessary in both attainment and nonattainment

areas for nonatttainment areas to achieve the ozone NAAQS.

(v) A CTG-based approach would complicate both rule development and

rule enforcement as it is possible that each nonattainment area could

adopt slightly different regulations.

(vi) A CTG would not be as effective as a national rule for

consumer products due to transportability of products and other

considerations.

The EPA believes that regulating manufacturers and importers is an

effective approach for reducing emissions from consumer products,

especially those that are easily transportable and widely distributed

to consumers for use in unlimited locations. For these types of

products, it appears that regulating only in nonattainment areas would

not be as effective as a uniform, national regulation. The

transportability of products tends to decrease rule effectiveness for

rules that vary by location due to the likelihood of unregulated, non-

compliant products being bought in attainment areas and used in

nonattainment areas. For this reason and since the end-users include

widely varied consumers, effective enforcement would be limited.

In addition, industry has advised the EPA that the cost of having

different product lines for attainment versus nonattainment areas could

be cost-prohibitive because of the duplicative effort of labeling,

storage, and distribution management. Therefore, the EPA expects that

using CTG or rules that apply only in nonattainment areas would be less

effective than a national rule. Also, during the development of the

proposed rule, industry representatives expressed concern that

differences in State and local requirements for consumer products, as

would occur under a CTG approach, could disrupt the national

distribution network for consumer products. Based on these

considerations and comments received, the EPA has determined that a CTG

for the consumer products category would not be substantially as

effective as a national rule in reducing VOC emissions in ozone

nonattainment areas. Therefore, the EPA is promulgating the standards

for consumer products as a uniform, national rule.

4. Regulation of Only a Subset of Consumer Products

The EPA requested comment on setting emission limits for a subset

of the 24 consumer product categories that were most cost effective for

regulation. One commenter supported selecting the categories which

provided the biggest emissions reductions for the least cost. Another

responder supported the EPA regulating all 24 categories. The EPA has

concluded that the most reasonable approach is to promulgate rules for

all 24 of the listed consumer product categories. Based on public

comments, there are no adverse impacts of promulgating BAC for these

products. While controls for some products may be more cost-effective

than for others, the EPA has concluded that a strategy of regulating a

subset of these categories based on cost-effectiveness would be counter

productive. The potential efficiency from a cost-effectiveness approach

would be more than offset by the extra costs to the industry of

inconsistent regulations across the States.

V. Administrative Requirements

A. Docket

The docket is an organized and complete file of all the information

considered by the EPA in the development of this rulemaking. The docket

is a dynamic file, since material is added throughout the rulemaking

development. 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 rulemaking process. Along with the

statement of basis and purpose of the proposed and promulgated

standards (technical support document submitted at proposal) and the

EPA responses to significant comments, the contents of the Docket will

serve as the record in case of judicial review (see 42 U.S.C.

7607(d)(7)(A)).

B. Paperwork Reduction Act

The Office of Management and Budget (OMB) has approved the

information collection requirements contained in this rule under the

provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and

has assigned OMB Control Number 2060-0348.

The information collection required by this rule is needed as part

of the overall compliance and enforcement program. It is necessary to

identify the regulated entities who are subject to the rule and ensure

their compliance with the rule. The recordkeeping and reporting

requirements are mandatory and are being established under section 114

of the Act. All information submitted to the EPA for which a claim of

confidentiality is made will be safeguarded according to the EPA

policies set forth in Title 40, Chapter 1, Part 2, Subpart B--

Confidentiality of Information (see 40 CFR part 2; 41 FR 36902,

September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR

42251, September 28, 1978; 44 FR 17674, March 23, 1979).

[[Page 48829]]

The total annual reporting and recordkeeping burden for this

collection averaged over the first 3 years is estimated to be 28, 386

hours per year. The average burden, per respondent, is 129 hours per

year. The total annualized recordkeeping and reporting costs for this

rule are estimated to be $964,416 and consist wholly of operation and

maintenance costs. There are no capital or startup costs, or purchased

services costs associated with the reporting and recordkeeping

requirements of this rule. There would be an estimated 220 respondents

to the collection requirements. Average annualized cost of reporting

and recordkeeping, per respondent, is $4,384.

This rule requires an initial one-time notification from each

respondent and subsequent notifications each time the date code is

changed.

Formulations and ingredient usage would be recorded for each batch

of production. Respondents seeking a variance must submit an

application which provides information to the EPA necessary in

determining whether to grant the variance.

The application would include the specific grounds on which the

variance is sought, proposed date by which the requirements of the rule

will be met, and a plan for achieving compliance. Supporting

documentation is required of companies who wish to market a product

subject to the ``innovative products'' provision of the rule. This

documentation includes information on VOC emissions from the use of the

product as compared to emissions from a product formulated in

compliance with the rule. The rule requires that the packaging of all

subject consumer products display the date of manufacture. The date can

be in coded form. However, there should be no additional burden imposed

due to this labeling requirement, because manufacturers routinely date-

code their products. All regulated entities of subject products must

submit an explanation of all date codes used. Date code explanations

must be included with the initial report. Thereafter, respondents must

submit explanations of any new date codes within 30 days following the

change.

Burden means the total time, effort, or financial resources

expended by persons to generate, maintain, retain, or disclose or

provide information to or for a Federal agency. This includes the time

needed to review instructions; develop, acquire, install, and utilize

technology and systems for the purposes of collecting, validating, and

verifying information, processing and maintaining information, and

disclosing and providing information; adjust the existing ways to

comply with any previously applicable instructions and requirements;

train personnel to be able to respond to a collection of information;

search data sources; complete and review the collection of information;

and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required

to respond to, a collection of information unless it displays a

currently valid OMB Control Number. The OMB Control Numbers for the

EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.

The EPA is amending the table in 40 CFR part 9 of currently approved

information collection request control numbers issued by OMB for

various regulations to list the information requirements contained in

this final rule.

C. Executive Order 12866

Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the

EPA must determine whether a regulatory action is ``significant'' and,

therefore, subject to OMB review and the requirements of the Executive

Order. The Order defines ``significant regulatory action'' as one that

is likely to result in a rule that may (1) have an annual effect on the

economy of $100 million or more or adversely affect in a material way

the economy, 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 obligations 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 this Executive Order, OMB has notified the

EPA that it considers this a ``significant regulatory action'' within

the meaning of the Order. The EPA submitted this action to OMB for

review. Any changes made in response to OMB suggestions or

recommendations are documented in the public record.

D. Executive Order 12875

To reduce the burden of Federal regulations on States and small

governments, the President issued Executive Order 12875 on October 26,

1993, entitled ``Enhancing the Intergovernmental Partnership.'' In

particular, this Executive Order is designed to require agencies to

assess the effects of regulations that are not required by statute and

that create mandates upon State, local, or tribal governments. While

this regulation does not create mandates upon State, local, or tribal

governments, the EPA has involved State and local governments in the

development of this rule. State and local air pollution control

associations (California Air Resources Board, New Jersey Department of

Environmental Protection, Wisconsin Department of Natural Resources,

and State and Territorial Air Pollution Program Administrators/

Association of Local Air Pollution Control Officials) have provided

regulatory review support.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) requires Federal agencies to

give special consideration to the impact of regulations on small

entities. Under the RFA, an agency is required to prepare a regulatory

flexibility analysis for a rule that the agency certifies will have a

significant economic impact on a substantial number of small entities.

While the EPA is certifying that today's rule will not have a

significant economic impact on a substantial number of small entities,

the EPA nonetheless prepared analyses to support both the proposed and

final rules that are equivalent to that required by the RFA as modified

by the Small Business Regulatory Enforcement Fairness Act of 1996

(SBREFA).

The analysis supporting the proposed rule was published in the

report titled, ``Economic Impact and Regulatory Flexibility Analysis of

Air Pollution Regulations: Consumer and Commercial Products,'' (January

1996). This analysis showed that almost 80 percent of the consumer

product firms identified as subject to the regulation are considered

``small'' according to the Small Business Administration's definitions

for the affected industries. This analysis indicated that for most of

the consumer products categories evaluated, there are relatively few

large producers which account for the majority of market output in most

categories and numerous small producers accounting for a small

percentage of the remaining market volume. The EPA analysis concludes

that the rule will have some impact on small producers by virtue of the

fact that they have a considerable presence in a small number of

regulated industries and may be likely to experience higher rates of

product withdrawal (in comparison to large firms) because it would cost

less to forego product profits than to incur the cost of reformulation.

In addition, the analysis does not find

[[Page 48830]]

any indications of a disproportionate impact on small businesses in

comparison to large firms because the impact of the regulation will not

fall most heavily on those product categories with the largest small

business presence. The markets most heavily affected by the consumer

and commercial products regulation are not the markets with the

greatest small business presence. Therefore, the EPA certified at

proposal that there was not a significant impact on a substantial

number of small entities. The EPA did not receive any comments on the

technical approach to the analysis.

The analysis prepared to support the final rule builds upon the

analysis performed for the proposal. In this analysis, the EPA

calculated compliance costs as a percentage of firm revenues for a

sample of 173 small entities (as defined by the Small Business

Administration). Of these firms, only 21 (12 percent) may experience

compliance costs greater than one percent of revenues and only 15 firms

(9 percent) may experience compliance costs greater than 3 percent of

revenues. The EPA assumes that the impacts on the sample of firms is

representative of the distribution of impacts likely to be imposed on

all firms that are affected by the rule.

The EPA has determined that it is not necessary to prepare a

regulatory flexibility analysis in connection with this final rule. The

EPA has also determined that this rule will not have a significant

economic impact on a substantial number of small entities. Based on the

results of the analysis at proposal (which was unaffected by public

comments), and the fact that 88 percent of the sampled firms show low

cost-to-sales ratios, the EPA concluded that this rule does not have a

significant economic impact on a substantial number of small entities.

F. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.C.S. 801, et seq., as added by

SBREFA, generally provides that before a rule may take effect, the

agency promulgating the rule must submit a rule report, which includes

a copy of the rule, to each House of the Congress and to the

Comptroller General of the United States. The EPA will submit a report

containing this rule and other required information to the United

States Senate, the United States House of Representatives, and the

Comptroller General of the United States prior to publication of the

rule in the Federal Register. A Major rule cannot take effect until 60

days after it is published in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2). This rule will be

effective September 11, 1998.

G. Unfunded Mandates Act of 1995

Under section 202 of the Unfunded Mandates Reform Act of 1995

(Unfunded Mandates Act), signed into law on March 22, 1995, the EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate, or to

the private sector, of $100 million or more. Under section 205, the EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires the EPA to establish a

plan for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

The EPA has determined that the action promulgated today does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. Therefore, the requirements of the

Unfunded Mandates Act do not apply to this action.

H. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement

Act of 1995 (the NTTAA), Pub. L. No. 104-113, section 12(d) (15 U.S.C.

272 note), directs the EPA to use voluntary consensus standards in its

regulatory activities unless to do so would be inconsistent with

applicable law or otherwise impractical. Voluntary consensus standards

are technical standards (e.g., materials specifications, test methods,

sampling procedures, business practices, etc.) that are developed or

adopted by voluntary consensus standard bodies. The NTTAA requires the

EPA to provide Congress, through OMB, explanations when the EPA decides

that to use available and applicable voluntary consensus standards.

In the case of this rule, the proposed rule set forth the

procedures for the testing of charcoal lighter fluid as the required

``charcoal lighter material testing protocol.'' The EPA intended the

charcoal lighter material testing protocol to be the equivalent of the

existing test method used by the California South Coast Air Quality

Management District (SCAQMD). The EPA chose this method, in part, to

avoid creation of multiple testing protocols and to make use of an

existing method which the EPA considered appropriate. In response to

the proposed rule, the EPA received no comments pertaining to the use

of voluntary consensus standards rather than the proposed testing

protocol, either during or after the comment period. In preparing the

final rule, however, the EPA has investigated to determine the

availability of any other existing voluntary consensus standards for

use in lieu of the proposed testing protocol.

The EPA has reviewed the standards listed in the National Standards

System Network maintained by the American National Standards Institute

and the EPA has located no alternative voluntary consensus standards

for performing the function to be accomplished by the testing protocol.

In addition, the EPA believes that it is appropriate to use the testing

protocol developed by SCAQMD both because it has proven reliable and

practical to achieve the goals of reducing VOC and because the EPA

wishes to foster uniformity in testing nationwide. Accordingly, the EPA

has determined that the charcoal lighter material testing protocol set

forth in the proposed rule, as modified pursuant to comments for

consistency with the SCAQMD test method, constitutes the appropriate

method for determining product compliance under this final rule.

I. Applicability of Executive Order 13045

Executive Order 13045 applies to any rule that the EPA determines:

(1) ``economically significant'' as defined under Executive Order

12866, and (2) the environmental health or safety risk addressed by the

rule has 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.

This proposed rule is not subject to Executive Order 13045,

entitled ``Protection of Children from Environmental Health Risks and

Safety Risks'' (62 FR 19885, April 23, 1997), because it is not an

economically significant regulatory action as defined by Executive

Order 12866, and it does not address an environmental health or safety

risk that would have a disproportionate effect on children.

[[Page 48831]]

Executive Order 13084

Under Executive Order 13084, the EPA may not issue a regulation

that is not required by statute, that significantly or uniquely affects

the communities of Indian tribal governments, and that imposes

substantial direct compliance costs on those communities, unless the

Federal government provides the funds necessary to pay the direct

compliance costs incurred by the tribal governments, or the EPA

provides to the Office of Management and Budget a description of the

prior consultation and communications the agency has had with

representatives of tribal governments and a statement supporting the

need to issue the regulation. In addition, Executive Order 13084

requires the EPA to develop an effective process permitting elected and

other representatives of Indian tribal governments ``to provide

meaningful and timely input in the development of regulatory policies

on matters that significantly or uniquely affect their communities.''

Information available to the Administrator does not indicate that this

action will have any effect on Indian tribal governments.

List of Subjects

40 CFR Part 59

Environmental protection, Air pollution control, Consumer and

commercial products, Consumer products, Incorporation by reference,

Ozone, Volatile organic compound.

40 CFR Part 9

Reporting and recordkeeping requirements.

Dated: August 14, 1998.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, parts 9 and 59 of title 40

of the Code of Federal Regulations are amended as follows:

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

1. The authority citation for part 9 continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,

2005, 2006, 2601-2671; 21 U.S.C. 331, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344,

1345(d), and (e), 1381; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975

Comp. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-I, 300j-

2, 300-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q,

7542, 9601-9657, 11023, 11048.

2. Section 9.1 is amended by adding a new entry to the table under

the indicted heading in numerical order to read as follows:

Sec. 9.1 OMB approvals under the Paperwork Reduction Act.

------------------------------------------------------------------------

OMB control

40 CFR citation No.

------------------------------------------------------------------------

* * * * *

National Volatile Organic Compound Emission Standards for Consumer

Products

* * * * *

59.209.................................................. 2060-0348

* * * * *

------------------------------------------------------------------------

PART 59--NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR

CONSUMER AND COMMERCIAL PRODUCTS

1. The authority citation for part 59 continues to read as follows:

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

2. Part 59 is amended by adding subpart C to read as follows:

Subpart C--National Volatile Organic Compound Emission Standards

for Consumer Products

Sec.

59201 Applicability and designation of regulated entity.

59202 Definitions.

59203 Standards for consumer products.

59204 Innovative product provisions.

59205 Labeling.

59206 Variances.

59207 Test methods.

59208 Charcoal lighter material testing protocol.

59209 Recordkeeping and reporting requirements.

59210 Addresses of EPA Regional Offices.

59211 State authority.

59212 Circumvention.

59213 Incorporations by reference.

59214 Availability of information and confidentiality.

Table 1 to Subpart C--VOC Content Limits by Product Category

Table 2 to Subpart C--HVOC1 Content Limits for Underarm Deodorants

and Underarm AntiPerspirants

Appendix A to Subpart C--Figures

Subpart C--National Volatile Organic Compound Emission Standards

for Consumer Products

Sec. 59.201 Applicability and designation of regulated entity.

(a) The provisions of the subpart apply to consumer products

manufactured or imported on or after December 10, 1998 for sale or

distribution in the United States.

(b) The regulated entity is: the manufacturer or importer of the

product; and any distributor that is named on the product label. The

manufacturer or importer of the product is a regulated entity for

purposes of compliance with the volatile organic compounds (VOC)

content or emission limits in Sec. 49.203, regardless of whether the

manufacturer or importer is named on the label or not. The distributor,

if named on the label, is the regulated entity for purposes of

compliance with all sections of this part except for Sec. 59.203.

Distributors whose names do not appear on the label are not regulated

entities. If no distributor is named on the label, then the

manufacturer or importer is responsible for compliance with all

sections of this part.

(c) The provisions of this subpart do not apply to consumer

products that meet the criteria specified in paragraph (c)(1) through

(c)(7) of this section.

(1) Any consumer product manufacturer in the United States for

shipment and use outside of the United States.

(2) Insecticides and air fresheners containing at least 98-percent

paradichlorobenzene or at least 98-percent naphthalene.

(3) Adhesives sold in containers of 0.03 liter (1 ounce) or less.

(4) Bait station insecticides. For the purpose of this subpart,

bait station insecticides are containers enclosing an insecticidal bait

that does not weigh more than 14 grams (0.5 ounce), where bait is

designed to be ingested by insects and is composed of solid material

feeding stimulants with less than 5-percent by weight active

ingredients.

(5) Air fresheners whose VOC constituents, as defined in

Secs. 59.202 and 59.203(f), consist of 100-percent fragrance.

(6) Non-aerosol moth proofing products that are principally for the

protection of fabric from damage by moths and other fabric pests in

adult, juvenile, or larval forms.

(7) Flooring seam sealers used to join or fill the seam between two

adjoining pieces of flexible sheet flooring.

Sec. 59.202 Definitions.

The terms used in this subpart are defined in the Clean Air Act

(Act) or in this section as follows:

Administrator means the Administrator of the United States

Environmental Protection Agency (EPA) or an authorized representative.

Aerosol cooking spray means any aerosol product designed either to

reduce sticking on cooking and baking surfaces or to be directly

applied on food for the purpose of reducing sticking on cooking and

baking surfaces, or both.

Aerosol product means a product characterized by a pressurized

spray system that dispenses product

[[Page 48832]]

ingredients in aerosol form by means of a propellant (i.e., a liquefied

or compressed gas that is used in whole or in part, such as a co-

solvent, to expel a liquid or any other material from the same self-

pressurized container or from a separate container) or mechanically

induced force. ``Aerosol product'' does not include pump sprays.

Agricultural use means the use of any pesticide or method or device

for the control of pests in connection with the commercial production,

storage, or processing of any animal or plant crop. ``Agricultural

use'' does not include the sale or use of pesticides in properly

labeled packages or containers that are intended for:

(1) Household use;

(2) Use in structural pest control; or

(3) Institutional use.

Air freshener means any consumer product including, but not limited

to, sprays, wicks, powders, and crystals designed for the purpose of

masking odors, or freshening, cleaning, scenting, or deodorizing the

air. This does not include products that are used on the human body,

products that function primarily as cleaning products, disinfectant

products claiming to deodorize by killing germs on surfaces, or

institutional/industrial disinfectants when offered for sale solely

through institutional and industrial channels of distribution. It does

include spray disinfectants and other products that are expressly

represented for use as air fresheners, except institutional and

industrial disinfectants when offered for sale through institutional

and industrial channels of distribution. To determine whether a product

is an air freshener, all verbal and visual representations regarding

product use on the label or packaging and in the product's literature

and advertising may be considered. The presence of, and representations

about, a product's fragrance and ability to deodorize (resulting from

surface application) shall not constitute a claim of air freshening.

All other forms means all consumer product forms for which no form-

specific VOC standard is specified. Unless specified otherwise by the

applicable VOC standard, ``all other forms'' include, but are not

limited to, solids,liquids, wicks, powders, crystals, and cloth or

paper wipes (towelettes).

Automotive windshield washer fluid means any liquid designed for

use in a motor vehicle windshield washer system either as an antifreeze

or for the purpose of cleaning, washing, or wetting the windshield.

``Automotive windshield washer fluid'' does not include fluids placed

by the manufacturer in a new vehicle.

Bathroom and tile cleaner means a product designed to clean tile or

surfaces in bathrooms. ``Bathroom and tile cleaner'' does not include

products specifically designed to clean toilet bowls or toilet tanks.

Carburetor and choke cleaner means a product designed to remove

dirt and other contaminants from a carburetor or choke. ``Carburetor

and choke cleaner'' does not include products designed to be introduced

directly into the fuel lines or fuel storage tank prior to introduction

into the carburetor, or solvent use regulated under 40 CFR part 63,

subpart T (halogenated solvent national emission standards for

hazardous air pollutants (NESHAP)).

Charcoal lighter material means any combustible material designed

to be applied on, incorporated in, added to, or used with charcoal to

enhance ignition. ``Charcoal lighter material'' does not include any of

the following:

(1) Electrical starters and probes;

(2) Metallic cylinders using paper tinder;

(3) Natural gas; and

(4) Propane.

Construction and panel adhesive means any one-component household

adhesive having gap-filling capabilities that distributes stress

uniformly throughout the bonded area resulting in a reduction or

elimination of mechanical fasteners.

Consumer means any person who purchases or acquires any consumer

product for personal, family, household, or institutional use. Persons

acquiring a consumer product for resale are not ``consumers'' of that

product.

Consumer product means any household or institutional product

(including paints, coatings, and solvents), or substance, or article

(including any container or packaging) held by any person, the use,

consumption, storage, disposal, destruction, or decomposition of which

may result in the release of VOC. For the purposes of this subpart,

consumer product means any product listed in tables 1 or 2 of this

subpart.

Contact adhesive means any household adhesive that:

(1) When applied to two substrates, forms an instantaneous,

nonrepositionable bond;

(2) When dried to touch, exhibits a minimum 30-minute bonding

range; and

(3) Bonds only to itself without the need for reactivation by

solvents or heat.

Container or packaging means the part or parts of the consumer

product that serve only to contain, enclose, incorporate, deliver,

dispense, wrap, or store the chemically formulated substance or mixture

of substances that is solely responsible for accomplishing the purposes

for which the product was designed or intended. ``Container or

packaging'' includes any article onto or into which the principal

display panel is incorporated, etched, printed, or attached.

Crawling bug insecticide means any insecticide product that is

designed for use against crawling arthropods including, but not limited

to, ants, cockroaches, mites (but not house dust mites), silverfish, or

spiders. ``Crawling bug insecticide'' does not include products for

agricultural use or products designed to be used exclusively on humans

or animals.

Distributor means any person to whom a consumer product is sold or

supplied for the purposes of resale or distribution in commerce.

Double-phase aerosol air freshener means an aerosol air freshener

with liquid contents in two or more distinct phases that requires the

product container to be shaken before use to mix the phases, producing

an emulsion.

Dusting aid means a product designed to assist in removing dust and

other soils from floors and other surfaces without leaving a wax or

silicone-based coating. ``Dusting aid'' does not include products that

consist entirely of compressed gases for use in electronic or other

specialty areas.

Engine degreaser means a cleaning product designed to remove

grease, grime, oil, and other contaminants from the external surfaces

of engines and other mechanical parts. ``Engine degreaser'' does not

include any solvent used in parts washing equipment, or any solvent use

regulated under 40 CFR part 63, subpart T (halogenated solvent NESHAP).

Fabric protectant means a product designed to be applied to fabric

substrates to protect the surface from soiling from dirt and other

impurities or to reduce absorption of water into the fabric's fibers.

``Fabric protectant'' does not include silicone-based products whose

function is to provide water repellency, or products designed for use

solely on fabrics that are labeled ``dry clean only.''

Flea and tick insecticide means any insecticide product that is

designed for use against fleas, ticks, and their larvae, or their eggs.

``Flea and tick insecticide'' does not include products that are

designed to be used exclusively on humans or animals or their bedding.

Flexible flooring material means asphalt, cork, linoleum, no-wax,

rubber, seamless vinyl, and vinyl composite flooring.

Floor polish or wax means a wax, polish, or any other product

designed to

[[Page 48833]]

polish, protect, or enhance floor surfaces by leaving a protective

coating that is designed to be periodically replenished. ``Floor polish

or wax'' does not include ``spray buff products,'' products designed

solely for the purpose of cleaning floors, floor finish strippers,

products designed for unfinished wood floors, and coatings subject to

40 CFR part 59, subpart D--National Volatile Organic Compound Emission

Standards for Architectural Coatings.

Floor seam sealer means any low viscosity specialty adhesive used

in small quantities for the sole purpose of bonding adjoining rolls of

installed flexible sheet flooring or to fill any minute gaps between

and adjoining rolls.

Flying bug insecticide means any insecticide product that is

designed for use against flying insects including, but not limited to,

flies, mosquitoes, and gnats. ``Flying bug insecticide'' does not

include ``wasp and hornet insecticide'' products that are designed to

be used exclusively on humans or animals or their bedding.

Fragrance means a substance or mixture of aroma chemicals, natural

essential oils, and other functional components that is added to a

consumer product to impart an order or scent, or to counteract a

malodor.

Furniture maintenance product means a wax, polish, conditioner, or

any other product designed for the product designed for the purpose of

polishing, protecting, or enhancing finished wood surfaces other than

floors. Furniture maintenance product'' does not include dusting aids,

products designed solely for the purpose of cleaning, and products

designed to leave a permanent finish such as stains, sanding sealers,

and lacquers.

Gel means a colloid in which the dispersed phase has combined with

the continuous phase to produce a semisolid material, such as jelly.

General purpose adhesive means any nonaerosol household adhesive

designed for use on a variety of substrates. General purpose adhesives

do not include contact adhesives or construction and panel adhesives.

General purpose cleaner means a product designed for general all-

purpose cleaning, in contrast to cleaning products designed to clean

specific substrates in certain situations. ``General purpose cleaner''

includes products designed for general floor cleaning, kitchen or

countertop cleaning, and cleaners designed to be used on a variety of

hard surfaces.

Glass cleaner means a cleaning product designed primarily for

cleaning surfaces made of glass. Glass cleaner does not include

products designed solely for the purpose of cleaning optical materials

used in eyeglasses, photographic equipment, scientific equipment, and

photocopying machines.

Hair mousse means a hairstyling foam designed to facilitate styling

of a coiffure and provide limited holding power.

Hair styling gel means a high-viscosity, often gelatinous product

that contains a resin and is designed for the application to hair to

aid in styling and sculpting of the hair coiffure.

Hairspray means a consumer product designed primarily for the

purpose of dispensing droplets of a resin on and into a hair coiffure

to impart sufficient rigidity to the coiffure to establish or retain

the style for a period of time.

High-volatility organic compound or HVOC means any organic compound

that exerts a vapor pressure greater than 80 millimeters of mercury

when measured at 20 degrees Celsius.

Household adhesive means any household product that is used to bond

one surface to another by attachment. ``Household adhesive'' does not

include products used on humans or animals, adhesive tape, contact

paper, wallpaper shelf liners, or any other product with an adhesive

incorporated onto or in an inert substrate.

Household product means any consumer product that is primarily

designed to be used inside or outside of living quarters or residences,

including the immediate surroundings, that are occupied or intended for

occupation by individuals.

Household use means use of a product in a home or its immediate

environment.

Importer means any person who brings a consumer product that was

manufactured, filled, or packaged at a location outside of the United

States into the United States for sale or distribution in the United

States.

Industrial use means use for, or in, a manufacturing, mining, or

chemical process or use in the operation of factories, processing

plants, and similar sites.

Insecticide means a pesticide product that is designed for use

against insects or other arthropods, excluding any product that is:

(1) For agricultural use; or

(2) A restricted use pesticide.

Insecticide fogger means any insecticide product designed to

release all or most of its content as a fog or mist into indoor areas

during a single application. Floggers may target a variety of pests

including (but not limited to) fleas and ticks, crawling insects, lawn

and garden pests, and flying insects. Foggers are not subject to the

specific VOC limitations or other categories of insecticides list in

table 1 of this subpart.

Institutional product means a consumer product that is designed for

use in the maintenance or operation of an establishment that

manufactures, transports, or sells goods or commodities, or provides

services for profit; or is engaged in the nonprofit promotion of a

particular public, educational, or charitable cause. ``Establishments''

include, but are not limited to, government agencies, factories,

schools, hospitals, sanitariums, prisons, restaurants, hotels, stores,

automobile service and parts centers, health clubs, theaters, or

transportation companies. ``Institutional product'' does not include

household products and products that are incorporated into or used

exclusively in the manufacture or construction of the goods or

commodities that are produced by the establishment.

Institutional use means use within the confines of or on property

necessary for the operation of buildings' including, but not limited

to, government agencies, factories, sanitariums, prisons, restaurants,

hotels, stores, automobile service and parts centers, health clubs,

theaters, transportation companies, hospitals, schools, libraries,

auditoriums, and office complexes.

Label means any written, printed, or graphic matter affixed to,

applied to, attached to, blown into, formed, molded into, embossed on,

or appearing upon any consumer product package for purposes of

branding, identifying, or giving information with respect to the

product or to the contents of the package.

Laundry prewash means a product that is designed for application to

a fabric prior to laundering and that supplements and contributes to

the effectiveness of laundry detergents and/or provides specialized

performance.

Laundry starch product means a product that is designed for

application to a fabric, either during or after laundering, to impart

and prolong a crisp look and may also facilitate ironing of the fabric.

``Laundry starch product'' includes, but it not limited to, fabric

finish, sizing, and starch.

Lawn and garden insecticide means an insecticide product designed

primarily to be used in household lawn and garden areas to protect

plants from insects or other arthropods.

Liquid means a substance or mixture of substances that flows

readily, but, unlike a gas, does not expand

[[Page 48834]]

indefinitely (i.e., a substance with constant volume but not constant

shape). ``Liquid'' does not include powders or other materials that are

composed entirely of solid particles.

Manufacturer means any person who manufacturers or processes a

consumer product. Manufacturers include:

(1) Processors who blend and mix consumer products,

(2) Contract fillers who develop formulas and package these

formulas under a distributor's label;

(3) Contract fillers who manufacture products using formulas

provided by a distributor; and

(4) Distributors who specify formulas to be used by a contract

filler or processor.

Nail polish remover means a product designed to remove nail polish

or coatings from fingernails or toenails.

Nonagricultural pesticide means and includes any substance or

mixture of substances that is a pesticide as defined in section 2(u) of

the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-

136y).

Nonresilient flooring means floor of a mineral content that is not

flexible. ``Nonresilient flooring'' includes, but is not limited to,

terrazzo, marble, slate, granite, brick, stone, ceramic tile, and

concrete.

Oven cleaner means any cleaning product designed to clean and to

remove dried food deposits from oven interiors.

Person means an individual corporation, partnership, association,

State, any agency, department, or instrumentality of the United States,

and any officer, agent, or employee thereof.

Principal display panel(s) means that part, or those parts, of a

label that are so designed as to most likely be displayed, presented,

shown, or examined under normal and customary conditions of display or

purchase. Whenever a principal display panel appears more than once,

all requirements pertaining to the ``principal display panel'' shall

pertain to all such ``principal display panels.''

Product category means that applicable category which best

describes the product as listed in tables 1 or 2 of this subpart and

which appears on the product's principal display panel.

Product form means the form that most accurately describes the

product's dispensing from including aerosols, gels, liquids, pump

sprays, and solids.

Pump spray means a packaging system in which the product

ingredients are expelled only while a pumping action is applied to a

button, trigger, or other actuator. Pump spray product ingredients are

not under pressure.

Representative consumer product means a consumer product that is

subject to the same VOC limit in Sec. 59.203 as the innovative product.

Restricted use pesticide means a pesticide that has been classified

for restricted use under the provisions of section 3(d) of the Federal

Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y).

Shaving cream means an aerosol product that dispenses a foam lather

intended to be used with a blade or cartridge razor, or other wet-

shaving system in the removal of facial or other body hair.

Single-phase aerosol air freshener means an aerosol air freshener

with liquid contents in a single homogeneous phase that does not

require that the product container be shaken before use.

Solid means a substance or mixture of substances that does not flow

or expand readily (i.e., a substance with constant volume such as the

particles constituting a powder). ``Solid'' does not include liquids or

gels.

Spray buff product means a product designed to restore a worn floor

finish in conjunction with a floor buffing machine and special pad.

Structural waterproof adhesive means an adhesive whose bond lines

are resistant to conditions of continuous immersion in fresh or salt

water, and that conforms with Federal Specification MMM-A-181 (Type 1,

Grade A), and MIL-A-4605 (Type A, Grade A and Grade C).

Underarm antiperspirant means any aerosol product that is intended

by the manufacturer to be used to reduce perspiration in the human

axilla by at least 20 percent in at least 50 percent of a target

population.

Underarm deodorant means any aerosol product that is intended by

the manufacturer to be used minimize odor in the human axilla by

retarding the growth of bacteria that cause the decomposition of

perspiration.

United States means the United States of America, including the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, and the Commonwealth of the Northern

Mariana Islands.

Usage directions means the text or graphics on the consumer

product's label or accompanying literature that describes to the end

user how and in what quantity the product is to be used.

Volatile organic compound or VOC means any compound that meets the

definition of a VOC, as defined under 40 CFR part 51, subpart F, and in

subsequent amendments.

Wasp and hornet insecticide means any insecticide product that is

designed for use against wasps, hornets, yellow jackets, or bees by

allowing the user to spray a high-volume directed stream or burst from

a safe distance at the intended pest or its hiding place.

Wax means an organic mixture or compound with low melting point and

high molecular weight, which is solid at room temperature. Waxes are

generally similar in composition to fats and oils except that they

contain no glycerides. ``Wax'' includes, but is not limited to,

substances such as carnauba wax, lanolin, and beeswax derived from the

secretions of plants and animals; substances of a mineral origin such

as ozocerite, montan, and paraffin; and synthetic substances such as

chlorinated naphthalenes and ethylenic polymers.

Wood floor wax means wax-based products for use solely on wood

floors.

Sec. 59.203 Standards for consumer products.

(a) The manufacturer or importer of any consumer product subject to

this subpart small ensure that the VOC content levels in table 1 of

this subpart and HVOC content levels in table 2 of this subpart are not

exceeded for any consumer product manufactured or imported on or after

December 10, 1998, except as provided in paragraphs (b) and (c) of this

section, or in Secs. 59.204 or 59.206.

(b) For consumer products for which the label, packaging, or

accompanying literature specifically states that the product should be

diluted prior to use, the VOC content limits specified in paragraph (a)

of this section shall apply to the product only after the minimum

recommended dilution has taken place. For purposes of this paragraph,

``minimum recommended dilution'' shall not include recommendations for

incidental use of a concentrated product to deal with limited special

applications such as hard-to-remove soils or stains.

(c) For those consumer products that are registered under the

Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section

136-136y) (FIFRA), the compliance date of the VOC standards specified

in paragraph (a) of this section is December 10, 1999.

(d) The provisions specified in paragraphs (d)(1) through (d)(4) of

this section apply to charcoal lighter materials.

(1) No person shall manufacture or import any charcoal lighter

material after December 10, 1998 that emits, on average, greater than 9

grams of VOC per

[[Page 48835]]

start, as determined by the procedures specified in Sec. 59.208.

(2) The regulated entity for a charcoal lighter material shall

label the product with usage directions that specify the quantity of

charcoal lighter material per pound of charcoal that was used in the

testing protocol specified in Sec. 59.208 for that product unless the

provisions in either paragraph (e)(2)(i) or (e)(2)(ii) of this section

apply.

(i) The charcoal lighter material is intended to be used in fixed

amounts independent of the amount of charcoal used, such as paraffin

cubes; or

(ii) The charcoal lighter material is already incorporated into the

charcoal, such as certain ``bag light,'' ``instant light,'' or ``match

light'' products.

(3) Records of emission testing results for all charcoal lighter

materials must be made available upon request to the Administrator for

enforcement purposes within 30 days of receipt of such requests.

(4) If a manufacturer or importer has submitted records of emission

testing of a charcoal lighter material to a State or local regulatory

agency, such existing records may be submitted under paragraph (d)(3)

of this section in lieu of new test data, provided the product

formulation is unchanged from that which was previously tested. Such

previous testing must have been conducted in accordance with the test

protocol described in Sec. 59.208 or a test protocol that is approved

by the Administrator as an alternate.

(e) Fragrances incorporated into a consumer product up to a

combined level of 2 weight-percent shall not be included in the weight-

percent VOC calculation.

(f) The VOC content limits in table 1 of this subpart shall not

include any VOC that:

(1) Has a vapor pressure of less than 0.1 millimeters of mercury at

20 degrees Celsius; or

(2) Consists of more than 12 carbon atoms, if the vapor pressure is

unknown; or

(3) Has a melting point higher than 20 degrees Celsius and does not

sublime (i.e., does not change directly from a solid into a gas without

melting), if the vapor pressure is unknown.

(g) The requirements of paragraph (a) of this Section shall not

apply to those VOC in antiperspirants or deodorants that contain more

than 10 carbon atoms per molecule and for which the vapor pressure is

unknown, or that have a vapor pressure of 2 millimeters of mercury or

less at 20 degrees Celsius.

(h) a manufacturer or importer may use the vapor pressure

information provided by the raw material supplier as long as the

supplier uses a method to determine vapor pressure that is generally

accepted by the scientific community.

(i) For hydrocarbon solvents that are complex mixtures of many

different compounds and that are supplied on a specification basis for

use in a consumer product, the vapor pressure of the hydrocarbon blend

may be used to demonstrate compliance with the VOC content limits of

this section. Identification of the concentration and vapor pressure

for each such component in the blend is not required for compliance

with this subpart.

Sec. 59.204 Innovative product provisions.

(a) Upon notification to the Administrator, a consumer product that

is subject to this subpart may exceed the applicable limit in table 1

or 2 of this subpart if the regulated entity demonstrates that, due to

some characteristic of the product formulation, design, delivery

systems, or other factors, the use of the product will result in equal

or less VOC emissions that specified in paragraph (a)(1) or (a)(2) of

this section.

(1) The VOC emissions from a representative consumer product, as

described in Sec. 59.202, that complies with the VOC standards

specified in Sec. 59.203(a); or

(2) The calculated VOC emissions from a noncomplying representative

product, if the product had been reformulated to comply with the VOC

standards specified in Sec. 59.203(a). The VOC emissions shall be

calculated by using Equation 1.

[GRAPHIC] [TIFF OMITTED] TR11SE98.002

Where

ER=The VOC emissions from the noncomplying representative

product, had it been reformulated.

ENC=The VOC emissions from the noncomplying representative

product in its current formulation.

VOCSTD=The VOC standard specified in Sec. 59.203(a).

VOCNC=The VOC content of the noncomplying product in its

current formulation.

(b) If a regulated entity demonstrates to the satisfaction of the

Administrator that the equation in paragraph (a)(2) of the this section

yields inaccurate results due to some characteristic of the product

formulation or other factors, an alternate method that accurately

calculates emissions may be used upon approval of the Administrator.

(c) A regulated entity shall notify the Administrator in writing of

its intent to enter into the market an innovative product meeting the

requirements of paragraph (a) of this section. The Administrator must

receive the written notification by the time the innovative product is

available for sale or distribution to consumers. Notification shall

include the information specified in paragraph (c)(1) and (c)(2) of

this section.

(1) Supporting documentation that demonstrates the emissions form

the innovate product, including the actual physical test methods used

to generate the data and, if necessary, the consumer testing undertaken

to document product usage;

(2) Any information necessary to enable the Administrator to

establish enforceable conditions for the innovative product, including

the VOC content of the innovative product expressed as a weight-

percentage, and test methods for determining the VOC content.

(d) At the option of the regulated entity, the regulated entity may

submit a written request for the Administrator's written concurrence

that the innovative product fulfills the requirements of paragraph (a)

of this section. If such a request is made, the Administrator will

respond as specified in paragraphs (d)(1) through (d)(3) of this

section.

(1) The Administrator will determine within 30 days of receipt

whether the documentation submitted in accordance with paragraph (d) of

this section is complete.

(2) The Administrator will determine whether the innovative product

shall be exempt from the requirements of Sec. 59.203(a) within 90 days

after an application has been deemed complete. The applicant and the

Administrator may mutually agree to a longer time period for reaching a

decision, and additional supporting documentation may be submitted by

the applicant before a decision has been reached. The Administrator

will notify the applicant of the decision in writing and specify such

terms and conditions that are necessary to insure that emissions from

the product will meet the emissions reductions specified in paragraph

(a) of this section, and that such emissions reductions can be

enforced.

(3) If an applicant has been granted an exemption to a State or

local regulation for an innovative product by a State or local agency

whose criteria for exemption meet or exceed those provided for in this

section, the applicant may submit the factual basis for such an

exemption as part of the documentation required under paragraph (d) of

this section. In such case, the Administrator will make the

[[Page 48836]]

determination required under this paragraph within 45 days after the

applications is considered complete.

(e) In granting an exemption for a product, the Administrator will

establish conditions that are enforceable. These conditions may include

the VOC content of the innovative product, dispensing rates,

application rates, and any other parameters determined by the

Administrator to be necessary. The Administrator will also specify the

test methods for determining conformance to the conditions established,

including criteria for reproducibility, accuracy, and sampling and

laboratory procedures.

(f) For any product for which an exemption has been granted

pursuant to this section, the regulated entity to whom the exemption

was granted shall notify the Administrator in writing within 30 days

after any change in the product formulation or recommended product

usage directions, and shall also notify the Administrator within 30

days after the regulated entity learns of any information that would

alter the emissions estimates submitted to the Administrator in support

of the exemption application.

(g) If lower VOC content limits are promulgated for a product

category through any subsequent rulemaking, all exemptions granted

under this section for products in the product category shall no longer

apply unless the innovative product has been demonstrated to have VOC

emissions less than the applicable revised VOC content limits.

(h) If the Administrator determines that a consumer product for

which an exemption has been granted no longer meets the VOC emissions

criteria specified in paragraph (a) of this section for an innovative

product, the Administrator may modify or revoke the exemption as

necessary to assure that the product will meet these criteria. The

Administrator will not modify or revoke an exemption without first

affording the applicant an opportunity for a public hearing to

determine if the exemption should be modified or revoked.

Sec. 59.205 Labeling.

(a) The container or package of each consumer product that is

subject to this subpart shall clearly display the day, month, and year

on which the product was manufactured, or a code indicating such date.

The requirements of this provision shall not apply to products that are

offered to consumers free of charge for the purposes of sampling the

product.

(b) In addition, the container or package for each charcoal lighter

material that is subject to this subpart shall be labeled according to

the provisions of Sec. 59.203(d)(2).

Sec. 59.206 Variances.

(a) Any regulated entity who cannot comply with the requirements of

this subpart because of extraordinary circumstances beyond reasonable

control may apply in writing to the Administrator for a variance. The

variance application shall include the information specified in

paragraph (a)(1) through (a)(3) of this section.

(1) The specific grounds up on which the variance is sought,

(2) The proposed date(s) by which compliance with the provisions of

this subpart will be achieved. Such date(s) shall be no later than 5

years after the issuance of a variance; and

(3) A compliance plan detailing the method(s) by which compliance

will be achieved.

(b) Upon receipt of a variance application containing the

information required in paragraph (a) of this section, the

Administrator will publish a notice of such application in the Federal

Register and, if requested by any party, will hold a public hearing to

determine whether, under what conditions, and to what extent, a

variance from the requirements of this subpart is necessary and will be

granted. If requested, a hearing will be held no later than 75 days

after receipt of a variance application. Notice of the time and place

of the hearing will be sent to the applicant by certified mail not less

than 30 days prior to the hearing. At least 30 days prior to the

hearing, the variance application will be made available to the public

for inspection. Information submitted to the Administrator by a

variance applicant may be claimed as confidential. The Administrator

may consider such confidential information in reaching a decision on a

variance application. Interested members of the public will be allowed

a reasonable opportunity to testify at the hearing.

(c) The Administrator will grant a variance if the criteria

specified in paragraphs (c)(1) and (c)(2) of this section are met.

(1) If there are circumstances beyond the reasonable control of the

applicant so that complying with the provisions of this subpart by the

compliance date would not be technologically or economically feasible,

and

(2) The compliance plan proposed by the applicant can be

implemented and will achieve compliance as expeditiously as possible.

(d) Any variance order will specify a final compliance date by

which the requirements of this subpart will be achieved and increments

of progress necessary to assure timely compliance.

(e) A variance shall cease to be effective upon failure of the

regulated entity to comply with any term or condition of the variance.

(f) Upon the application of any party, the Administrator may

review, and for good cause, modify or revoke a variance after holding a

public hearing in accordance with the procedures described in paragraph

(b) of this section.

Sec. 59.207 Test methods.

Each manufacturer or importer subject to the provisions of

Sec. 59.203(a) shall demonstrate compliance with the requirements of

this subpart through calculation of the VOC content using records of

the amounts of constituents used to manufacture the product.

Sec. 59.208 Charcoal lighter material testing protocol.

(a) Each manufacturer or importer of charcoal lighter material

subject to this subpart shall demonstrate compliance with the

applicable requirements of Sec. 59.203(d) using the procedures

specified in this section. Any lighter material that has received

certification from California South Coast Air Quality Management

District (SCAQMD) under their Rule 1174, Ignition Method Compliance

Certification Testing Protocol, will be considered as having

demonstrated compliance with the applicable requirements of this

subpart using the procedures in this section.

(b) The manufacturer or importer shall obtain from the testing

laboratory conducting the testing, a report of findings, including all

raw data sheets/charts and laboratory analytical data. The testing must

demonstrate that VOC emissions resulting from the ignition of the

barbecue charcoal are, on average, less than or equal to 9 grams per

start. The manufacturer or importer shall maintain the report of

findings.

(c) When a charcoal lighter material does not fall within the

testing guidelines of this protocol, the protocol may be modified

following a determination by the Administrator that the modified

protocol is an acceptable alternative to the method described in this

section and written approval of the Administrator.

(d) Meteorological and environmental criteria. (1) Testing shall be

conducted under the following conditions:

(i) Inlet combustion air temperature is 16 to 27 degrees Celsius

(60 to 80

[[Page 48837]]

degrees Fahrenheit) with a relative humidity of 20 to 80 percent;

(ii) The charcoal and lighter material are stored 72 hours before

testing in a location with a relative humidity between 45 and 65

percent, and a temperature between 18 and 24 degrees Celsuis (65 to 75

degrees Fahrenheit); and

(iii) The outside wind speed, including gusts, may be no more than

16 kilometers per hour (10 miles per hour) if the test stack is

exhausted outdoors, or, if the test stack is exhausted indoors, indoor

air must be stagnant.

(2) Temperature and relative humidity of the combustion air shall

be continuously monitored during the test. Temperature and relative

humidity of the place where the charcoal and lighter material are

stored prior to the test shall be monitored and recorded during the 72

hours immediately prior to the test. If the stack is exhausted

outdoors, the continuous outdoor wind speed monitor shall be observed

or recorded continuously during testing. If the wind speed monitor is

manually observed rather than electronically recorded, the maximum wind

speed observed during the test shall be recorded.

(e) Definitions. For the purposes of this test protocol, the

following definitions shall apply:

(1) Baseline VOC emissions (Eb) means the 3.6 grams

(0.008 pounds) per start of subject VOC mass emissions (calculated as

CH2) resulting from the ignition of charcoal by electric

probe.

(2) Emission limit for VOC means 9 grams per start of resultant VOC

emissions (Er), (expressed as CH2).

(3) Equivalent means equipment that has been demonstrated to meet

or exceed the performance, design, and operation specifications of the

prescribed equipment. A demonstration that equipment or a test method

is a suitable alternative requires written approval from the

Administrator prior to compliance testing, based on an evaluation of

comparative performance specifications and/or actual performance test

data.

(4) Ignition means the ready-to-cook condition of the charcoal

determined by the temperature above the charcoal, the organic vapor

concentration measured by the continuous organic emission monitor, and

percent ash.

(5) Ignition VOC emissions (eI)--means the grams

(pounds) per start of total subject VOC mass emissions (expressed as

CH2) resulting from the ignition of charcoal by the lighter

material undergoing evaluation, including both charcoal and lighter

material emissions.

(6) labeled directions means those directions affixed to the

charcoal lighter material which specify:

(1) The amount of lighter material to use per kilogram (or pound)

of charcoal, unless the lighter material is already impregnated or

treated in the charcoal;

(2) How to use or apply the lighter material; and

(3) How and when to light the lighter material.

(7) Percent ash means a qualitative observation of the ratio of

visible charcoal surface area ignited (grayish/white ash) to total

charcoal surface area times 100.

(8) Reference VOC emissions (Eep)--means the grams

(pounds) per start of subject VOC mass emissions (calculated as

CH2) resulting from the ignition of charcoal by the

reference electric probe during the testing.

(9) Resultant VOC emissions (Er)--means the ignition VOC

emission (EI) less the reference VOC emissions

(Eep) plus baseline emissions (Eb).

(10 Start means a 25-minute period commencing from the instant that

emissions may be released from the lighter material, either by

evaporation or combustion, and further characterized such that by the

end of said 25-minute period, ignition is achieved.

(f) Test structure, equipment specifications, and reference

materials. (1) The test structure is to be located in a building or

fabricated total enclosure (i.e., with enclosed sides and top). The

enclosure shall be such that there are no constant or intermittent air

flows within it that cause fluctuations in the stack velocity and/or

disruptions of air flow patterns within the test chamber containing the

reference grill . (WARNING: If the stack is vented into the building

enclosure, caution must be taken to avoid carbon monoxide poisoning and

the reduction of oxygen.)

(2) Test structure components. The following test structure

components, as shown in figures 1 and 2 of Appendix A of this subpart,

shall be used:

(i) Test chamber--Standard large, prefabricated fireplace

manufactured by Marco,\1\ Model No. C41CF, with flue damper

removed; or a fabricated structure with the same dimensions. Spacers

are required at the rear of the test chamber to ensure a constant 5-

centimeter (2-inch) distance between the reference grill and the rear

wall of the test chamber.

---------------------------------------------------------------------------

\1\Note: Mention of trade names or specific products does not

constitute endorsement by the EPA.

---------------------------------------------------------------------------

(ii) Test stack--25-centimeter (10-inch) diameter galvanized steel

ducting with velocity traverse port holes located approximately 8

diameters downstream from the stack outlet of the fireplace chamber and

sampling ports located approximately 2\1/2\ diameters downstream of the

velocity traverse ports.

(iii) Fan--25-centimeter (10-inch) diameter axial fan (duct fan)

capable of maintaining an air velocity of 140 9 meters per

minute (450 30 feet per minute) and located in the stack

approximately 3 diameters downstream of the sampling ports.

(iv) Test stack insulation--The stack shall be insulated with

fiberglass blanket insulation (or equivalent) with a minimum R-value of

6.4, that totally surrounds the stack from the top of the fireplace to

the level of the blower which minimizes temperature gradients in the

stack and prevents hydrocarbons from condensing on the stack wall.

(v) Stack mounts--Supports for fixing in position the stack

velocity measurement device for measuring reference point velocity

readings and the continuous organic emission monitor probe/meter.

(vi) Blower speed control--A rheostat for controlling voltage to

the fan.

(3) Test equipment and materials. The following test equipment and

materials shall be used:

(i) Continuous recording device--A YEW model 4088 dot

matrix, roster scanning chart recorder, Omega strip recorder with a

Strawberry Tree Data Acquisition System, or equivalent, shall be used

to continuously (6-second cycle) record temperatures, velocity, and

continuous organic emission monitor output signals. The recording may

be done manually, recording temperature using a digital potentiometer

(20-second intervals), reference point velocity with a Pitot tube (20-

second intervals), and continuous organic emission monitor readings

with the analyzer's meter (10-second intervals).

(ii) Grill temperature probe--A type ``K'' thermocouple silver

soldered to a 7.6 centimeter (3-inch) square brass plate 0.083-

centimeter (0.033 inches) thick painted flat black using high

temperature (> 370 degrees Celsius [> 700 degrees Fahrenheit]) paint;

set on an adjustable stand to maintain 11 centimeters (4.5 inches)

above the maximum height of the briquette pile and made such that it

can be removed and replaced within the chamber.

(iii) Stack temperature probe--The Kurz digital air

velocity meter or a type ``K'' thermocouple shall be used.

(iv) Stack velocity measurement device--The velocity in meters

(feet) per minute for the reference point using a Kurz

digital air velocity meter, Davis

[[Page 48838]]

DTA 4000 vane anemometer, or equivalent to method 1A of 40 CFR part 60,

appendix A.

(v) Continuous organic emissions monitor--Century Model

128 Organic Vapor Analyzer, Ratfisch RS55 total hydrocarbon

analyzer, or equivalent, with response in parts per million (ranges 0

to 10 parts per million, 0 to 100 parts per million, 0 to 1,000 parts

per million).

(vi) Temperature and humidity monitor--A chart recorder type with

humidity accuracy of 3 percent from 15 to 85 percent.

(vii) Wind speed and direction monitor--A wind speed and direction

device meeting a tolerance of 10 percent.

(viii) Analytical balance--An electronic scale with a resolution of

a 2 grams.

(ix) Charcoal stacking ring--Rigid metal cylinder 21.6 centimeters

(8.5 inches) in diameter with indicators to determine that the pile of

briquettes does not exceed 12.7 centimeters (5 inches) in height.

(x) Camera--To document ignition condition of charcoal at the end

of each start.

(xi) Particulate filter--Nupro inline filter, Catalog

Number SS-4FW-2 with 0.64 centimeter (\1/4\-inch) Swagelok inlet and

outlet or equivalent.

(xii) Barbecue Grill--The charcoal shall be ignited in a

Weber ``Go Anywhere'' barbecue grill (Model Number #121001),

39.4 centimeters x 24 centimeters x 12.7 centimeters (15.5 inch x

9.5 inch x 5.0 inch) with the grate 4.4 centimeters (1.75 inches)

above the bottom of the grill, or another grill that meets these

specifications. The grill shall be set on its bottom when placed in the

test chamber and all grill air vents shall be in full open position.

(xiii) Electric probe--A 600-watt electric probe shall be used for

electric probe ignition tests.

(xiv) Untreated charcoal--The laboratory conducting the testing

shall purchase ``off the shelf'' untreated charcoal from a retail

outlet. Charcoal shall not be provided by the manufacturer of the

charcoal lighter material to be tested or by the charcoal manufacturer.

The charcoal to be used is Kingsford ``Original Charcoal

Briquets.'' All untreated charcoal used in the certification testing of

a single ignition source is to come from the same lot as indicated by

the number printed on the bag.

(xv) Treated or impregnated charcoal--If the charcoal lighter

material to be tested is a substance used to treat or impregnate

charcoal, the regulated entity shall provide to the laboratory

conducting the tests a sample of impregnated charcoal. The sample shall

be impregnated or treated barbecue charcoal that is ignited either

outside of package or ignited by the package. If commercially

available, the independent testing laboratory conducting the test shall

purchase ``off the shelf'' from a retail outlet.

(g) Sampling and analytical methods. (1) Gas volumetric flow rate.

Conduct a full velocity traverse using the stack velocity measurement

device as shown in figure 3 of this Appendix A to this Subpart, or use

Method 1A of 40 CFR part 60, appendix A. Continuously record a velocity

reference point reading during each test run using a chart recorder or

once every 20 seconds if using Method 1A. Calculate the volumetric flow

rate using the gas velocity, moisture content, and the stack cross-

sectional area. For the purposes of this protocol, the static pressure

shall be assumed to be atmospheric, the molar density correction factor

in the stack to be 1.0, and the moisture content to be 2 percent.

(2) Integrated VOC sample. Collect integrated VOC gas samples at

the sampling port in the exhaust stack using a 40 CFR part 60, appendix

A, Method 25 Total Combustion Analysis (TCA) sampling apparatus

consisting of two evacuated 9-liter tanks, each equipped with flow

controllers, vacuum gauges, and probes, as shown in figure 4 of

Appendix A of this Subpart. Use 40 CFR part 60, appendix A, Method 25,

SCAQMD Method 25.1 (incorporated by reference--Sec. 59.213 of this

subpart), or equivalent, for analysis. Carbon monoxide, carbon dioxide,

methane, and non-methane organic carbon are analyzed by the TCA and

TCA/Flame Ionization Detector (FID) methods. Oxygen content is

determined by gas chromatography using a thermal conductivity detector.

Clean particulate filters between use by heating to 760 degrees Celsius

(1400 degrees Fahrenheit) while using compressed air as a carrier for

cleaning and purging.

(3) Continuous organic emissions monitor. A continuous organic

emissions monitor which uses a continuous FID shall be used for each

test run to measure the real time organic concentration of the exhaust

as methane. Record the emission monitor response in parts per million

continuously during the sampling period using a chart recorder or at

least once every 10 seconds. The VOC analyzer shall be operated as

prescribed in the manufacturer's directions unless otherwise noted in

this protocol.

(h) Pretest procedure. (1) Charcoal lighter material--charcoal.

Before each test run, remove charcoal from a sealed bag that has been

stored for at least 72 hours in a humidity and temperature controlled

room which satisfies the requirements of paragraph (d)(1) of this

section and weight out 0.9 kilograms (2 pounds) of charcoal briquettes,

to the nearest whole briquette over 0.9 kilograms (2 pounds), of

uniform shape with no broken pieces using an analytical balance. Reseal

the bag. Charcoal must be ignited within 10 minutes after removal from

bag. A sealed or resealed bag of charcoal cannot be stored at the test

site for greater than 45 minutes. It must be returned to a humidity and

temperature controlled room from 72 hours. The lighter material must be

purchased, stored, weighed, and handled the same as the barbecue

charcoal.

(i) For the reference VOC emission tests using an electric probe,

place a single layer of charcoal, slightly larger than the area/circle

of the electric probe heating element, onto the grate. Place the

heating element on top of this first layer and cover the heating

element with the remaining charcoal briquettes.

(ii) For the ignition VOC emissions tests, arrange the briquettes

on the barbecue grate in the manner specified by the ignition

manufacturer's directions. If these manufacturer's directions do not

specify a stacking arrangement for the briquettes, randomly stack the

briquettes in a pile using the stacking ring described in paragraph

(f)(3)(ix) of this section.

(2) Charcoal lighter material--or impregnated charcoal. Store,

handle, weigh, and stack barbecue charcoal that is designed to be lit

without the packaging, the same as in paragraph (h)(1) of this section.

For those products which require both the package and charcoal be lit,

weigh the whole package--do not remove charcoal. Weigh an empty package

(not the same one to be used during the test).

Subtract the package weight from the overall weight of the package

and charcoal. The full package and empty package must be stored,

handled, and weighed the same as in paragraph (h)(1) of this section.

If the difference (the charcoal weight) is between 0.7 to 1.4 kilograms

(1.5 to 3.0 pounds), the test may proceed. The emissions measured (E)

in Equation 5 of paragraph (k)(7) of this section must be adjusted to a

0.9 kilogram (2-pound) charge. Place packaged barbecue charcoal on the

grate in the manner specified by the manufacturer's directions.

(3) Initial meteorological and environmental criteria in paragraph

(d) shall be complied with.

[[Page 48839]]

(4) The stack velocity must be set before each day of testing at

140 9 meters per minute (450 30 feet per

minute) by performing a velocity traverse as specified in paragraph

(g)(1) of this section. The velocity will be attained by adjusting the

axial fan speed using a rheostat.

(5) The fireplace shall be conditioned at the start of each day

before sampling tests by using a grill ignited by the electric probe.

If a time period of over 60 minutes between sampling test runs occur,

the condition step must be repeated.

(6) Before each test run, leak check the continuous organic

emissions monitor by blocking the flow to the probe. Allow the

instrument to warm up for the duration specified by the manufacturer's

directions. Select the 0 to 100 parts per million range. Check the

battery level and hydrogen pressure. Zero with hydrocarbon-free air

(sr).

(2) Calculate the average measured velocities (in meters per minute

[feet per minute]): Traverse (ut), traverse reference point

(utr), and reference point during sampling (usr).

(3) Calculate the corrected average sampling velocity

(us) by applying Equation 2:

[GRAPHIC] [TIFF OMITTED] TR11SE98.003

(4) Calculate the average flow rate (Qs) in cubic meters

per minute (cubic feet per minute) by applying Equation 3:

[GRAPHIC] [TIFF OMITTED] TR11SE98.004

[[Page 48840]]

Where

A=Duct cross-sectional area, (square meters [square feet]

(5) Correct the flow rate to dry standard conditions (Qds)

by applying Equation 4. Assume the static pressure to be atmospheric

and the molar density correction factor to be 1.0

[GRAPHIC] [TIFF OMITTED] TR11SE98.005

Where

Ts=289 K (520 R)

TS=273 K (460 R)

H=Percent moisture-100

=0.02

(6) Calculate the average total gaseous non-methane organic carbon

for each duplicate sample run analyzed.

(7) Calculate the grams (pounds) of VOC as CH2 emitted

per start (normalized to 0.9 kilograms [2 pounds] of charcoal) for each

run using Equation 5:

[GRAPHIC] [TIFF OMITTED] TR11SE98.006

Where

E=Emissions of VOC per start for each test run (grams VOC/start [pounds

VOC/start])

A=Hydrocarbon molecular weight

=14.0268 grams per gram-mole (14.0268 pounds per pound-mole)

B=Carbon number

=1

C=Average concentration for each duplicate run of total gaseous

nonmethane organic compounds as CO2 (parts per million, from

lab analysis sheet)

D=Sampling duration

=25 minutes

d=Molar density of gas at standard conditions

=42.33 gram-mole per cubic meter (0.0026353 pound-mole per cubic

foot)

N=Normalized mass (0.9 kilograms [2 pounds])

M=Mass of charge (kilograms [pounds])

(8) Calculate the average VOC emissions for each lighter material

tested. Identify and discard statistical outliers. Note a minimum of

five valid results are required for a determination. This procedure for

eliminating an outlier may only be performed once for each lighter

material tested.

(9) Using Equation 6, calculate the resultant VOC emissions per

start (Er) and determine if it is less than or equal to the

9 grams VOC per start emission limit.

[GRAPHIC] [TIFF OMITTED] TR11SE98.007

Where

ei=Average emissions of VOC per start from the charcoal

lighter material being evaluated (grams VOC/start [pounds VOC/start]

expressed as CH2)

eep=Average reference VOC emissions per start from the

ignition by electric probe (grams VOC/start [pounds VOC/start]

expressed as CH2)

=0 grams VOC/start (0 pounds VOC/start) for treated or impregnated

charcoal

Eb=Standard baseline VOC emissions per start from the

ignition by electric probe (expressed as CH2)

=0 grams VOC/start (0 pounds VOC/start) for treated or impregnated

charcoal

=3.6 grams VOC/start (0.008 pounds VOC/start) for all other charcoal

lighter material

(1) Recordkeeping. A record of the following charcoal lighter

material compliance test information shall be kept for at least 5

years:

(1) Real time temperature and continuous organic emissions monitor

readings from continuous chart recorder and/or manual reading of

temperatures and the continuous organic emissions monitor output.

(2) A description of quality assurance/quality control (QA/QC)

procedures followed for all measuring equipment and calibration test

data.

(3) A description of QA/QC procedures followed for all sampling and

analysis equipment and calibration test data.

(4) Time and quantity of blanks and ambient air samples.

(5) Chain of custody for samples.

(6) Labeled directions.

(7) Field notes and data sheets.

(8) Calculation/averaging sheets/printouts.

(9) Sample (in its normal package from the same lot) of barbecue

charcoal and lighter material used for testing.

(10) Formulation of lighter material tested (indicate if the

information is to be handled confidentially).

(11) Photographs documenting charcoal surface ash coverage.

(m) Quality Assurance/Quality Control (QA/QC) Requirements. The QA/

QC guidelines in the EPA's Quality Assistance Handbook (EPA 600.4-77-

027b) shall be followed. In addition, the following procedures shall be

used:

(1) A blank sample for VOC shall be performed once each day, during

the start period of one of the lighter materials, using the integrated

VOC sampling apparatus.

(2) An ambient air sample for VOC shall be taken once each day,

during the start period of one of the lighter materials, using the

integrated VOC sampling apparatus with Nupro 2 micron

filters.

(3) Traceability certificates shall be provided for all calibration

gases used for the continuous organic emissions monitor and integrated

VOC analysis.

(4) Grill temperature probe shall be calibrated using the

procedures in ASTM Method E220-86 (incorporated by reference as

specified in United States Sec. 59.213).

(5) Supply documentation for place of purchase ( or origin if

experimental) and chain of custody for lighter material tested.

Documentation to be included for both treated and impregnated charcoal.

(6) Supply documentation for place of purchase and chain of custody

for untreated charcoal.

Sec. 59.209 Recordkeeping and reporting requirements.

(a) The distributor that is named on the product label shall

maintain the records specified in paragraphs (a)(1) and (a)(2) of this

section, unless the manufacturer or importer has submitted to the

Administrator a written certification that the manufacturer or importer

will maintain the records for the distributor in accordance with

paragraph (a)(3) of this section. If no distributor is named on the

label, the manufacturer or importer must maintain the specified

records. The records must be retained for at least 3 years and must be

in a form suitable and readily available for inspection and review.

(1) Records or formulations being manufactured or imported on or

after December 10, 1998 for all consumer products subject to

Sec. 59.213(a), or December 10, 1999 for all consumer products subject

to Sec. 59.203(c) and

(2) Accurate records for each batch of production, starting on

December 10, 1998 for all consumer products subject to Sec. 59.203(a)

or December 10, 1999 for all consumer products subject to

Sec. 59.203(c), of the weight-percent and chemical composition of the

individual product constituents.

(3) By providing this written certification to the Administrator,

the certifying manufacturer accepts responsibility for compliance with

the recordkeeping requirements in paragraphs (a)(1) and (a)(2) of this

section with respect to any products covered by the written

certification. Failure to maintain the required records may result in

enforcement action by the EPA against the certifying manufacturer in

accordance with the enforcement provisions applicable to violations of

these provisions by regulated entities.

[[Page 48841]]

The certifying manufacturer may revoke the written certification by

sending a written statement to the Administrator and the regulated

entity giving at least 90 days notice that the certifying manufacturer

is rescinding acceptance of responsibility for compliance with the

recordkeeping requirements listed in this paragraph. Upon expiration of

the notice period, the regulated entity must assume responsibility for

maintaining the records specified in this paragraph. Written

certifications and revocation statements, to the Administrator from the

certifying manufacturer shall be signed by the responsible official of

the certifying manufacturer, provide the name and address of the

certifying manufacturer, and be sent to the appropriate EPA Regional

Office at the addresses listed in Sec. 59.210 of this subpart. Such

written certifications are not transferable by the manufacturer.

(b) If requested by the Administrator, product VOC content must be

demonstrated to the Administrator's satisfaction to comply with the VOC

content limits presented in Sec. 59.203(a).

(c) Each manufacturer or importer subject to the provisions of

Sec. 59.203(d) shall maintain records specified in either paragraph

(c)(1) or (c)(2) of this section for each charcoal lighter material.

(1) Test report from each certification test performed as specified

in Sec. 59.208(b) and all information and data specified in

Sec. 59.208(l); or

(2) Records of emission testing, which was performed by a method

determined by the Administrator to be an acceptable alternative to that

described in Sec. 59.208, previously submitted to a State or local

regulatory agency.

(d) The distributor that is named on the product label, or if no

distributor is named on the label, the manufacturer or importer, shall

submit by the applicable compliance date, or within 30 days after

becoming a regulated entity, a one-time Initial Notification Report

including the information specified in paragraphs (d)(1) through (d)(5)

of this section.

(1) Company name;

(2) Name, title, phone number, address, and signature or certifying

company official;

(3) A list of product categories and subcategories subject to

Sec. 59.203 for which the company is currently the regulated entity;

(4) A description of date coding systems, clearly explaining how

the date of manufacture is marked on each sales unit of subject

consumer products; and

(5) The name and location of the designated recordkeeping agent, if

the records specified in paragraphs (a)(1) and (a)(2) are to be

maintained by the manufacturer.

(e) If a regulated entity changes the date coding system reported

according to paragraph (d)(4) of this section, the regulated entity

shall notify the Administrator of such changes within 30 days following

the change.

(f) If requested by the Administrator, the following information

shall be made available within 30 days after receiving the request:

(1) Location of facility(ies) manufacturing, importing, or

distributing subject consumer products;

(2) A list of product categories and subcategories, as found in

tables 1 and 2 of this subpart, that are manufactured, imported, or

distributed at each facility; and

(3) Location where VOC content records are kept for each subject

consumer product.

(g) Each manufacturer or importer subject to the innovative product

provisions in Sec. 49.204 shall submit notifications as indicated in

Sec. 59.204(d) and (e).

Sec. 59.210 Addresses of EPA Regional Offices.

All requests, reports, submittals, and other communications to the

Administrator pursuant to this regulation shall be submitted to the

Regional Office of the EPA which serves the State or territory in which

the corporate headquarters of the regulated entity resides. These areas

are indicated in the following list of EPA Regional Offices:

EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire,

Rhode Island, Vermont), Director, Office of Ecosystem Protection,

J.F.K. Federal Building, Boston, MA 02203-2211.

EPA Region II (New Jersey, New York, Puerto Rico, Virgin

Islands), Director, Division of Environmental Planning and

Protection, 290 Broadway, New York, NY 10007.

EPA Region III (Delaware, District of Columbia, Maryland,

Pennsylvania, Virginia, West Virginia), Director, Air, Radiation,

and Toxics Division, 841 Chestnut Building, Philadelphia, PA 19107.

EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi,

North Carolina, South Carolina, Tennessee), Director, Air,

Pesticides, and Toxics Management Division, 61 Forsyth Street,

Atlanta, GA 30303.

EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio,

Wisconsin), Director, Air and Radiation Division, 77 West Jackson

Blvd., Chicago, IL 60604-3507.

EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma,

Texas), Director, Multimedia Planning and Permitting Division, 1445

Ross Avenue, Dallas, TX 75202-2733.

EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director,

Air, RCRA, and Toxics Division, 726 Minnesota Avenue, Kansas City,

KS 66101.

EPA Region VIII (Colorado, Montana, North Dakota, South Dakota,

Utah, Wyoming), Director, Office of Pollution Prevention, State, and

Tribal Assistance, 999 18th Street, Suite 500, Denver, Colorado

80202-2466.

EPA Region IX (American Samoa, Arizona, California, Guam,

Hawaii, Nevada) Director, Air Divisions, 75 Hawthorne Street, San

Francisco, CA 94105.

EPA Region X (Alaska, Oregon, Idaho, Washington), Director,

Office of Air Quality, 1200 Sixth Avenue, Seattle, WA 98101.

Sec. 59.211 State authority.

(a) The provisions in this regulation shall not be construed in any

manner to preclude any State or political subdivision thereof from:

(1) Adopting and enforcing any emission standard or limitation

applicable to a regulated entity.

(2) Requiring the regulated entity to obtain permits, licenses, or

approvals prior to initiating construction, modification, or operation

of a facility for manufacturing a consumer product.

(b) [Reserved]

Sec. 59.212 Circumvention.

No regulated entity subject to these standards shall alter,

destroy, or falsify any record or report to conceal what would

otherwise be noncompliance with these standards. Such concealment

includes, but is not limited to refusing to provide the Administrator

access to all required records and date-coding information, altering

the percent VOC content of a product batch, or altering the results of

any required performance tests.

Sec. 59.213 Incorporation by reference.

(a) The materials listed in this section are incorporated by

reference in the paragraphs noted in Sec. 59.207. These incorporations

by reference were approved by the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are

incorporated as they exist on the date of the approval, and notice of

any changes in these materials will be published in the Federal

Register . The materials are available for purchase at the

corresponding addresses noted below, and all are available for

inspection at the Office of the Federal Register, 800 North Capitol

Street, NW., Suite 700, Washington, DC 20408, at the Air and Radiation

Docket and Information Center, U.S. EPA, 401 M Street, SW., Washington,

DC 20460, and at the EPA Library (MD-35), U.S. EPA, Research Triangle

Park, NC 27711.

(b) The materials listed below are available for purchase from at

least one of the following addresses: American Society for Testing and

Materials

[[Page 48842]]

(ASTM), 1916 Race Street, Philadelphia, PA, 19103; SCAQMD Subscription

Services, P.O. Box 4932; 21865 Copley Drive, Diamond Bar, CA 91765-

0932; or University Microfilms International, 300 North Zeeb Road, Ann

Arbor MI, 48106.

(1) ASTM Method E220-86 Standard Method for Calibration of

Thermocouples by Comparisons Techniques, incorporation by reference

(IBR) approved for Sec. 59,208(m)(4).

(2) ASTM Method E380-82 Metric Practice, IBR approved for

Sec. 59.208(k).

(3) SCAQMD Method 25.1, March 1989 Determination of Total Gaseous

Non-Methane Organic Emissions as Carbon (amended February 26, 1991) IBR

approved for Sec. 59.208(g)(2).

Sec. 59.214 Availability of information and confidentiality

(a) Availability of information. Specific reports or records

required by this subpart are not available to the public. The

Administrator will, upon request, provide information as to the

compliance status of a product or regulated entity.

(b) Confidentiality. All confidential business information entitled

to protection under section 114(c) of the CAA that must be submitted or

maintained by a regulated entity pursuant to this section shall be

treated in accordance with 40 CFR part 2, Subpart B.

Table 1 to Subpart C.--VOC Content Limits by Product Category

------------------------------------------------------------------------

VOC content

Product category limit (weight-

percent VOC)

------------------------------------------------------------------------

Air fresheners:

Single-phase........................................ 70

Double-phase........................................ 30

Liquids/pump sprays................................. 18

Solids/gels......................................... 3

Automotive windshield washer fluid...................... 35

Bathroom and tile cleaners:

Aerosols............................................ 7

All other forms..................................... 5

Carburetor and choke cleaners........................... 75

Cooking sprays--aerosol............................. 18

Dusting aids:

Aerosols............................................ 35

All other forms..................................... 7

Engine degreasers....................................... 75

Fabric protectants...................................... 75

Floor polishes/waxes:

Products for flexible flooring materials............ 7

Products for nonresilient flooring.................. 10

Wood floor wax...................................... 90

Furniture maintenance products-aerosol.................. 25

General purpose cleaners................................ 10

Glass cleaners:

Aerosols............................................ 12

All other forms..................................... 8

Hairsprays.............................................. 80

Hair mousses............................................ 16

Hair Styling gels....................................... 6

Household adhesives:

Aerosols............................................ 75

Contact............................................. 80

Construction and panel.............................. 40

General purpose..................................... 10

Structural waterproof............................... 15

Insecticides:

Crawling bug........................................ 40

Flea and tick....................................... 25

Flying bug.......................................... 35

Foggers............................................. 45

Lawn and Garden..................................... 20

Laundry prewash:

Aerosols/solids..................................... 22

All other forms..................................... 5

Laundry starch products................................. 5

Nail polish removers.................................... 85

Oven cleaners:

Aerosols/pump....................................... 8

Liquids............................................. 5

Shaving creams.......................................... 5

------------------------------------------------------------------------

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Table 2 to Subpart C.--HVOC \1\ Content Limits for Underarm Deodorants

and Underarm Antiperspirants

------------------------------------------------------------------------

Percent HVOC

content limit

Product category (weight-

percent HVOC)

------------------------------------------------------------------------

Underarm antiperspirants--aerosol....................... 60

Underarm deodorants--aerosol............................ 20

------------------------------------------------------------------------

\1\ High-volatility organic compound (HVOC) are VOC with vapor pressure

greater than 80 millimeters of mercury at 20 degrees Celsius.

BILLING CODE 6560-50-M

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Appendix A to

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