Consumer and Commercial Products: Schedule for Regulation

ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-6311-9]

Consumer and Commercial Products: Schedule for Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of revisions to schedule for regulation.

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SUMMARY: Today's notice makes several revisions to the schedule for

regulation of consumer and commercial products under section 183(e) of

the Clean Air

[[Page 13423]]

Act (Act). The revised schedule requires regulation by 2001 of aerosol

spray paints, lithographic printing materials, industrial cleaning

solvents, and flat wood paneling coatings. These categories were

scheduled for regulation in 1997 and 1999 as part of the first two

groups of consumer and commercial product categories for regulation

under section 183(e) of the Act. The notice also revises the schedule

for regulation of miscellaneous metal products coatings, large

appliance coatings, fiberglass boat manufacturing materials, and

miscellaneous industrial adhesives. These categories were scheduled for

regulation in 2001 as the third group of consumer and commercial

products for regulation under section 183(e) of the Act. The revised

schedule requires regulation of these product categories by 2003. These

changes to the schedule for regulation of consumer and commercial

products are necessary to improve workload management and to allow

coordination with regulatory actions under section 112(d) of the Act.

DATES: This schedule is effective March 17, 1999.

ADDRESSES: Docket. Docket No. A-94-65 contains information considered

by the EPA in development of the consumer and commercial products study

and the initial list and schedule for regulation. You can inspect the

docket and copy materials between 8 a.m. to 5:30 p.m., Monday through

Friday, excluding legal holidays. The docket is located at the EPA's

Air and Radiation Docket and Information Center, Waterside Mall, Room

M1500, 1st Floor, 401 M Street, SW, Washington, DC 20460; telephone

(202) 260-7548 or fax (202) 260-4400. A reasonable fee may be charged

for copying.

FOR FURTHER INFORMATION CONTACT: Dr. Jan Meyer at (919) 541-5254,

Coatings and Consumer Products Group, Emission Standards Division (MD-

13), United States Environmental Protection Agency, Research Triangle

Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:

Regulated Entities. Entities potentially affected by this action

are manufacturers, distributors, and importers of:

Aerosol spray paints;

Lithographic printing materials;

Industrial cleaning solvents;

Flat wood paneling coatings;

Miscellaneous metal products coatings;

Large appliance coatings;

Fiberglass boat manufacturing materials; and

Miscellaneous industrial adhesives.

The regulated categories and entities include:

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Category Examples of regulated entities

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

importers of aerosol spray paints,

lithographic printing materials,

industrial cleaning solvents, flat wood

paneling coatings, miscellaneous metal

products coatings, large appliance

coatings, fiberglass boat manufacturing

materials, and miscellaneous industrial

adhesives (North American Industry

Classification System Code 3255).

State/local/tribal Governmental agencies that manufacture,

governments. import, or distribute any of the above

products.

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This table is not intended to be exhaustive, but rather to provide

a guide for readers regarding entities likely to be interested in this

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

aware could potentially be interested in this action. Other types of

entities not listed in the table could also be interested. If you have

questions about this notice or how it applies to a particular entity,

consult Jan Meyer (see FOR FURTHER INFORMATION CONTACT).

I. Background

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

formed in the atmosphere by reactions of volatile organic compounds

(VOC) and oxides of nitrogen 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 respiratory symptoms, effects on exercise

performance, increased airway responsiveness, increased susceptibility

to respiratory infection, increased hospital admissions and emergency

room visits, and 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. Currently available information also

suggests that long-term exposures to ozone may cause chronic health

effects (e.g., structural damage to lung tissue and accelerated decline

in baseline lung function).

Under section 183(e) of the Act, the EPA conducted a study of VOC

emissions from the use of consumer and commercial products to assess

their potential to contribute to levels of ozone that violate the

national ambient air quality standards for ozone, and to establish

criteria for regulating VOC emissions from these products. Section

183(e) directed the EPA to list for regulation those categories of

products that account for at least 80 percent of the VOC emissions, on

a reactivity adjusted basis, from consumer and commercial products in

ozone nonattainment areas, and to schedule those categories for

regulation in four groups. Every 2 years following publication of the

list, the statute directs EPA to regulate one group of categories until

all four groups are regulated.

On March 23, 1995, the EPA submitted the consumer and commercial

products Report to Congress required by section 183(e) of the Act. On

March 23, 1995, the EPA also published in the Federal Register a

summary of the Report to Congress along with the list of product

categories and the schedule for their regulation. In the March 23, 1995

Federal Register, the EPA grouped the listed categories into four

roughly equal groups of product categories for purposes of workload

management. However, the EPA stated in the March 1995 Federal Register

that the EPA may amend the schedule and the products listed in

particular groups as further information becomes available. The EPA

also indicated that it intends to exercise discretion in scheduling its

actions under section 183(e) in order to achieve an effective

regulatory program.

[[Page 13424]]

II. Schedule Changes

A. Aerosol Spray Paints

The EPA is moving aerosol spray paints from the first group of

products for regulation under section 183(e) of the Act to the third

group of products. The date for regulation of aerosol spray paints,

thus, will change from March 1997 to March 2001. The change of schedule

for aerosol spray paints is necessitated by the addition of acetone to

the list of compounds considered negligibly reactive and therefore

exempt from EPA's definition of VOC. Acetone is a solvent used in the

formulation of many aerosol paint products. The analysis of best

available controls (BAC) conducted by the EPA during the regulatory

development process for aerosol spray paints was based on data that

included acetone-based paints and treated acetone as a VOC.

Consequently, the analysis is no longer accurate and we need to

reevaluate BAC for this product category. In the initial listing

notice, the EPA noted that it may change the schedule as regulatory

development progresses. We believe that delisting acetone as a VOC

justifies a modification of the schedule. The EPA has determined that

additional time is required to consider the aerosol spray paint

category, and is therefore exercising its discretion to amend the

schedule for regulation for this product category.

B. Lithographic Printing Materials, Industrial Cleaning Solvents, and

Flat Wood Paneling Coatings

The EPA is also revising the schedule for regulation to change the

date for regulation of lithographic printing materials, industrial

cleaning solvents, and flat wood paneling coatings categories from

March 1999 to March 2001. The change in the schedule for these product

categories is necessary to allow coordination with other EPA regulatory

activities and to use Agency resources efficiently. Specifically, we

are revising the schedule to allow the EPA to use information obtained

in the development of National Emission Standards for Hazardous Air

Pollutants under section 112(d) of the Act for source categories using

these consumer and commercial products. The EPA expects the revised

schedule to improve use of Agency resources and to permit a more

integrated approach to evaluation of BAC for these product categories.

The EPA has determined that additional time is necessary to consider

these product categories, and is therefore exercising its discretion

under section 183(e) to amend the schedule for regulations for these

product categories.

C. Miscellaneous Metal Products Coatings, Large Appliance Coatings,

Fiberglass Boat Manufacturing Materials, and Miscellaneous Industrial

Adhesives (Previous Group III Product Categories)

In order to manage workload on development of rules or Control

Techniques Guidelines (CTG) for the product categories identified for

regulation under section 183(e), the EPA is also revising the schedule

to change the date for regulation of miscellaneous metal products

coatings, large appliance coatings, fiberglass boat manufacturing

materials, and miscellaneous industrial adhesives. The EPA had

scheduled these product categories for regulation in 2001. The revised

schedule requires regulation of these product categories by 2003. The

EPA has determined that this schedule change is necessary in order to

allow development of rules or CTG for these product categories.

Although the EPA notes that section 183(e) does not require the Agency

to place product categories into four equal groups for regulation, this

revision of the schedule will maintain roughly equal groups of products

for Group III and Group IV. Moving product categories from Group II to

Group III, and from Group III to Group IV maintains the prioritization

of product categories for regulation. Reallocation of the product

categories will permit more efficient use of resources to allow proper

consideration of BAC for each of the product categories. Consequently,

the EPA is exercising its discretion under section 183(e) to amend the

schedule for regulation of these product categories.

D. Consumer and Commercial Products Schedule for Regulations

The revised consumer and commercial products schedule for

regulations is presented in table 1.

Table 1.--Consumer and Commerical Products Schedule for Regulations

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Schedule for

regulation Emissions mg/yr

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Group I:

Consumer products (24 categories) a................................... 1997 301,347

Shipbuilding and repair coatings...................................... 1997 23,302

Aerospace coatings.................................................... 1997 165,892

Architectural coatings................................................ 1997 362,454

Autobody refinishing coatings......................................... 1997 85,509

Wood furniture coatings............................................... 1997 88,109

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1,026,613

Group II:

Flexible package printing materials................................... 1999 136,364

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136,364

Group III:

Aerosol spray paints.................................................. 2001 58,521

Industrial cleaning solvents.......................................... 2001 232,890

Flat wood paneling coating............................................ 2001 19,618

Lithographic printing materials....................................... 2001 545,454

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856,483

Group IV:

Paper, film, and foil coatings........................................ 2003 92,064

Letterpress printing materials........................................ 2003 25,636

Plastic parts coatings................................................ 2003 20,000

Metal furniture coatings.............................................. 2003 97,220

Auto and light truck assembly coatings................................ 2003 68,182

[[Page 13425]]

Petroleum drycleaning solvents........................................ 2003 49,091

Miscellaneous metal products coatings................................. 2003 198,545

Large appliance coatings.............................................. 2003 22,994

Fiberglass boat manufacturing materials............................... 2003 11,000

Miscellaneous industrial adhesives.................................... 2003 185,175

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769,907

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Emissions addressed by schedule........................................... 2,789,367

Percentage of total (3,481,804 Mg/yr)..................................... 80.1

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a Product categories included in ``Consumer products (24 categories)'' grouping: Aerosol cooking sprays, Air

fresheners, Auto windshield washer fluids, Bathroom and tile cleaners, Carburetor and choke cleaners, Charcoal

lighter materials, Dusting aids, Engine degreasers, Fabric protectants, Floor waxes and polishes, Furniture

maintenance products, General purpose cleaners, Glass cleaners, Hair sprays, Hair mousses, Hair styling gels,

Household adhesives, Nonagricultural insecticides, Laundry prewash treatments, Laundry starch products, Nail

polish removers, Oven cleaners, Shaving creams, Underarm antiperspirants and deodorants.

III. Administrative Requirements

A. Docket

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

considered by the EPA in the development of an action. Although this

action is not a rulemaking, a docket has been established for the

consumer and commercial product study and subsequent product category

list and schedule for regulation. The docket number is A-94-65. The

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

development of an action. 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 process.

B. Regulatory Requirements

1. General

Today's action is not a rule; it is a notice regarding the EPA's

regulatory schedule which does not impose regulatory requirements or

costs. Therefore, the EPA has not prepared an assessment of the

potential costs and benefits pursuant to Executive Order 12866, an

economic impact analysis pursuant to section 317, a regulatory

flexibility analysis pursuant to the Regulatory Flexibility Act (5

U.S.C. 601, et seq.), or a budgetary impact statement pursuant to the

Unfunded Mandates Act of 1995. Also, this Federal Register document

does not contain any information collection requirements and,

therefore, is not subject to the Paperwork Reduction Act (44 U.S.C.

3501, et seq.). This action does not establish any technical standards

that would require the EPA to consider voluntary consensus standards

pursuant to section 12(d) of the National Technology Transfer and

Advancement Act of 1995.

2. Executive Order 12866 and Office of Management and Budget Review

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

must determine whether regulatory actions are significant and therefore

subject to Office of Management and Budget (OMB) review and the

requirements of the Executive Order. The Order defines ``significant

regulatory action'' as one that is likely to lead to a rule that may:

(1) Have an annual effect on the economy of $100 million or more,

or adversely and materially affect a sector of the economy,

productivity, competition, jobs, the environment, public health or

safety, or State, local, or tribal governments or communities;

(2) create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs, or the rights and obligation of recipients

thereof; or

(4) raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

Pursuant to the terms of the Executive Order, OMB has notified the

EPA that it considers this is not a ``significant regulatory action''

within the meaning of the Executive Order and OMB review is not

required.

Dated: March 10, 1999.

Robert Perciasepe,

Assistant Administrator for Air and Radiation.

[FR Doc. 99-6653 Filed 3-17-99; 8:45 am]

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