[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Proposed Rules]
[Pages 34964-34966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14777]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0319; FRL-9164-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Amendment to Consumer Products and Architectural and
Industrial Maintenance Coatings Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania concerning
amendments to the Pennsylvania Consumer Products and Architectural and
Industrial Maintenance Coatings Regulations. The revision amends 25 Pa.
Code Chapter 130, Subchapters B and C (relating to consumer products
and architectural and industrial maintenance (AIM) coatings) in order
to reduce volatile organic compounds (VOCs). This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 21, 2010.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0319 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2010-0319, Cristina Fernandez, Office of Air
Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0319. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be
[[Page 34965]]
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 11, 2009, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a revision to its SIP for amendments to 25
Pa. Code Chapter 130, Subchapters B and C (relating to consumer
products and AIM coatings). This SIP revision amends 25 Pa. Code
Chapter 130, Subchapters B by adding VOC content limits for an
additional 11 categories of consumer products and revising the VOC
content limits for one category of consumer products currently
regulated. The revision also adds definitions for approximately 30 new
terms, including those that relate to the newly regulated product
categories and amends definitions for approximately 75 existing terms
in order to provide clarity. Additionally, the term ``VOC--volatile
organic compound'' is added to Subchapter B.
The SIP revision changes the definition of the term ``VOC--volatile
organic compound'' in Subchapter C (relating to AIM coatings) to mirror
the definition of the term in 25 Pa. Code Chapter 121 (relating to
definitions). This revision will make the most currently VOC exempt
compounds available as tools to reduce ozone formation.
The standards and requirements contained in Pennsylvania's consumer
products rule are consistent with the Ozone Transport Commission (OTC)
model rule. The OTC consumer products model rule was based on the
existing rules developed by the California Air Resources Board, which
were analyzed and modified by the OTC workgroup to address VOC
reduction needs in the Ozone Transport Region (OTR). Implementing this
rule will result in SIP emission reductions in VOC to support the
attainment demonstrations, and reductions in ground-level ozone in
other areas of the OTR.
II. Summary of SIP Revision
This SIP revision consists of the following amendments:
1. Adds and/or amends definitions, terms, and sections in 25 Pa.
Code Chapter 130, Subchapters B and C for clarity, style, format, and
consistency with the OTC Model Rule and Federal definitions.
2. Adds and/or amends sections in 25 Pa. Code Chapter 130,
Subchapter B in order to incorporate future changes in test procedures,
delete an unnecessary reference to a California regulatory provision,
delete and move definitions and terms, allow for the sell-through of
product manufactured prior to applicable effective dates, update the
product dating, establish the lowest applicable VOC limit requirements,
require additional information on product containers, and establish
requirements for a variance or alternative control plan (ACP).
3. Establishes under 25 Pa. Code Chapter 130, Subchapter B,
applicability to any person who sells, supplies, offers for sale, or
manufactures consumer products on and after applicable compliance
dates.
4. Establishes under 25 Pa. Code Chapter 130, Subchapter B, the
percentage of VOC by weight that cannot be exceeded for consumer
products that are sold, supplied, offered for sale or manufactured for
sale in the Commonwealth of Pennsylvania, and lists exemptions from the
VOC limits. The rule also contains requirements for the following: (1)
Products registered under FIFRA, (2) products requiring dilution, (3)
sell-through of products, (4) aerosols adhesives, (5) charcoal lighter
materials, and (6) floor wax strippers.
5. Establishes under 25 Pa. Code Chapter 130, Subchapter B,
exemptions for the following: (1) Products for shipment and use outside
the Commonwealth, (2) antiperspirants and deodorants, (3) products
registered under FIFRA, (4) air fresheners, (5) adhesives, (6) bait
station insecticides, and (7) fragrances.
6. Establishes under 25 Pa. Code Chapter 130, Subchapter B,
applicability for ACPs for consumer products and criteria for
innovative products exemption and requirements for waiver requests. The
rule also contains grounds for requesting a variance, as well as
applicability for ACPs for consumer products. ACPs for consumer
products are provided by allowing responsible parties the option to
voluntarily enter into separate ACP agreements for the consumer
products mentioned above. In addition, the rule contains the following
administrative requirements: (1) Product dating, (2) most restrictive
limit, (3) labeling, and (4) recordkeeping and reporting, as well as
test methods for demonstrating compliance.
7. Establishes under 25 Pa. Code Chapter 130, Subchapter C, the
meaning of ``VOC--volatile organic compound,'' unless the context
clearly indicates otherwise.
Further details of the Commonwealth of Pennsylvania's regulation
revisions can be found in a Technical Support Document prepared for
this proposed rulemaking action.
III. Proposed Action
EPA has determined that the revisions made to 25 Pa. Code Chapter
130, Subchapters B and C meet the SIP revision requirements of the CAA
and is proposing to approve the amendments to Pennsylvania's Consumer
Products and AIM Coatings Regulations. This revision will result in the
reduction of VOC emissions in the Commonwealth of Pennsylvania. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely proposes to approve State law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions
[[Page 34966]]
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, pertaining to Pennsylvania's amendment
to 25 Pa. Code Chapter 130, Subchapters B and C (relating to
Pennsylvania's Consumer Products and AIM Coatings Regulations), does
not have Tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because the SIP is not approved to apply
in Indian country located in the State, and EPA notes that it will not
impose substantial direct costs on Tribal governments or preempt Tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-14777 Filed 6-18-10; 8:45 am]
BILLING CODE 6560-50-P