[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)] [Rules and Regulations] [Pages 65240-65243] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-30797] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [MA44-1-7167a; A-1-FRL-5314-6] Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Best Available Controls for Consumer and Commercial Products (Including Architectural and Industrial Maintenance Coatings) AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts. This revision establishes and requires VOC emission standards for architectural and industrial maintenance coatings and 10 categories of consumer products. The intended effect of this action is to approve a revision to Massachusetts SIP which reduces VOC emissions from architectural and industrial maintenance coatings and 10 categories of consumer products. This action is being taken in accordance with Section 183(e) of the Clean Air Act. DATES: This action is effective February 20, 1996, unless notice is received by January 18, 1996, that adverse or critical comments will be submitted. If the effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Comments may be mailed to Susan Studlien, Acting Director, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. Copies of the documents relevant to this action are available for public inspection during normal business hours, by appointment at the Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region I, One Congress Street, 10th floor, Boston, MA; Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 401 M Street, S.W., (LE-131), Washington, D.C. 20460; and the Division of Air Quality Control, Department of Environmental Protection, One Winter Street, 8th Floor, Boston, MA 02108. FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove, (617) 565-3246. SUPPLEMENTARY INFORMATION: Under the Clean Air Act, EPA is required to (1) study emissions of VOCs from consumer and commercial products; (2) list those categories of products that account for at least 80 percent of the total VOC emissions from consumer and commercial products in areas of the country that fail to meet the national air quality standards set for ground-level ozone; and (3) divide the list into four groups, and regulate one group every two years using best available controls, as defined by the Clean Air Act. In March 1995, EPA issued a report to Congress, Study of Volatile Organic Compound Emissions from Consumer and Commercial Products, which evaluated the contribution of VOC emissions from consumer and commercial products on ground-level ozone levels, and established criteria and a schedule for regulating these products under the Clean Air Act. Architectural coatings and consumer and commercial products (24 categories of household products) are in the first [[Page 65241]] group of products to be regulated by EPA no later than March 1997. Massachusetts decided to adopt rules for consumer and commercial products in advance of a federal rule, to get credit for reductions from this category in its 15% plan. Massachusetts was required to submit, by November 15, 1993, a SIP revision for Reasonable Further Progress (RFP) for 15% reduction of VOCs as necessary for moderate areas and above. The entire state of Massachusetts is classified as serious nonattainment area, therefore the 15% plan must cover the entire state. On May 6, 1994, the Massachusetts DEP submitted to EPA for comment, proposed amendments to the SIP to address the RFP requirements including new air pollution control regulations entitled ``Control of Volatile Organic Compounds from Consumer and Commercial Products'' and ``Control of VOCs from Architectural and Industrial Maintenance Coating.'' Massachusetts held a public hearings on May 6, 10, 11, and 13, 1994 throughout the State for its proposed architectural and industrial maintenance coatings rule. Public hearings were held June 22 and 24 for Massachusetts' proposed consumer and commercial products rule. EPA submitted written comments regarding the proposed regulations on May 19, 1994 and June 22, 1994. Subsequent to the public hearings, Massachusetts decided to consolidate the architectural and industrial maintenance coatings rule and the consumer and commercial products rule into a single rule. The consolidated rule was effective on November 18, 1994, upon publication in the Massachusetts Register. On January 9, 1995, the Commonwealth Massachusetts submitted a formal revision to its State Implementation Plan (SIP). The SIP revision amends 310 CMR 7.00 by adding Section 310 CMR 7.25, Best Available Controls for Consumer and Commercial Products . The adopted regulation 310 CMR 7.25, ``Best Available Controls for Consumer and Commercial Products,'' regulates the VOC content of consumer and commercial products. The regulation applies to any person who sells, offers for sale, or manufactures for sale within Massachusetts consumer and commercial products and architectural or industrial maintenance coatings specified in 310 CMR 7.25. Summary of SIP Revision ``Consumer product'' is defined by Massachusetts as: ``A chemically formulated product used by household, commercial, and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; and automotive specialty products. This definition of ``consumer product'' excludes architectural coatings.'' ``Architectural Coating'' is defined as: ``Any coating which is applied to stationary structures or their appurtenances, mobile homes, pavements, or curbs.'' The consumer products portion of the rule, section 7.25(12), contains limits that specify the maximum allowed VOC content (%VOC by weight) for the following categories of commercial and consumer products: air fresheners, cleaners, engine degreasers, floor polishes/ waxes, furniture maintenance products, general purpose cleaners, glass cleaners, hair spray, insecticides, laundry prewash, antiperspirants and deodorants. Manufacturers must comply with these limits by October 1, 1995. The Architectural and Industrial Maintenance portion of the rule, section 7.25(11), requires manufacturers to comply with VOC limits (grams VOC/liter or lbs VOC/gal) by October 1, 1995, for the following categories of Architectural coatings: flat coatings, non-flat coatings, anti-graffiti coating, bituminous pavement sealer, bond breakers, calcimine recoating product, concrete curing compound, concrete/masonry conditioner, dry fog coating, fire retardant coating, form release compound, graphic arts coating (sign paint), high temperature industrial maintenance coating, industrial maintenance coating, lacquer, magnesite cement coating, mastic texture coating, metallic pigmented coating, multicolor coating, pretreatment wash primer, primer/sealer/undercoat, quick dry primer/sealer/undercoat, roof coating, sanding sealer, shellac, stains, opaque, swimming pool coating, tile-like glaze, traffic coating, varnish, waterproofing sealer, wood preservative, and any other architectural coating not otherwise specified. EPA's evaluation is detailed in a memorandum, entitled ``Technical Support Document for Massachusetts Air Pollution Control Regulation , 310 CMR 7.25, Best Available Controls for Consumer and Commercial Products (including Architectural and Industrial Maintenance Coatings).'' EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in a separate document in this Federal Register publication, EPA is proposing to approve the SIP revision should adverse or critical comments be filed. This action will be effective February 20, 1996 unless adverse or critical comments are received by January 18, 1996. If the EPA receives such comments, this action will be withdrawn before the effective date by simultaneously publishing a subsequent notice that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on this action serving as a proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. If no such comments are received, the public is advised that this action will be effective on February 20, 1996. Final Action EPA is approving Section 310 CMR 7.25, Best Available Controls for Consumer and Commercial Products. Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000. Under Sections 202, 203, and 205 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Madates Act''), signed into law on March 22, 1995, EPA must undertake various actions in association with proposed or final rules that include a Federal mandate that may result in estimated costs of $100 million or more to the private sector, or to State, local, or tribal governments in the aggregate. Through submission of this state implementation plan or plan revision, the State and any affected local or tribal governments have elected to adopt the program provided for under Section 183(e) of the Clean Air Act. These rules may bind State, local and tribal governments to perform certain actions and also require the private sector to perform certain duties. To the extent that the rules being approved by this action will impose no new requirements; such sources are already subject to these regulations under State law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action. EPA has also determined that [[Page 65242]] this final action does not include a mandate that may result in estimated costs of $100 million or more to State, local, or tribal governments in the aggregate or to the private sector. This action has been classified as a Table 3 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant Administrator for Air and Radiation. A future notice will inform the general public of these tables. The OMB has exempted this action from review under Executive Order 12866. SIP approvals under section 110 and subchapter I, Part D of the CAA do not create any new requirements, but simply approve requirements that the State is already imposing. Therefore, because the federal SIP- approval does not impose any new requirements, I certify that it does not have a significant impact on any small entities affected. Moreover, due to the nature of the federal-state relationship under the CAA, preparation of a regulatory flexibility analysis would constitute federal inquiry into the economic reasonableness of state action. The CAA forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2). On January 6, 1989, the Office of Management and Budget (OMB) waived Table 2 and Table 3 revisions (54 FR 2222) from the requirements of Section 3 of Executive Order 12291 for a period of two years. EPA has submitted a request for a permanent waiver for Table 2 and Table 3 SIP revisions. OMB has agreed to continue the temporary waiver until such time as it rules on EPA's request. Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any State implementation plan. Each request for revision to the State implementation plan shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements. Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 20, 1996. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements. Note: Incorporation by reference of the State Implementation Plan for the Commonwealth of Massachusett was approved by the Director of the Federal Register on July 1, 1982. Dated: September 21, 1995. John P. DeVillars, Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401-7671q. Subpart W--Massachusetts 2. Section 52.1120 is amended by adding paragraph (c)(108) to read as follows: Sec. 52.1120 Identification of plan. * * * * * (c) * * * (108) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 9, 1995. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated January 9, 1995 submitting a revision to the Massachusetts State Implementation Plan. (B) The following portions of the Rules Governing the Control of Air Pollution for the Commonwealth of Massachusetts effective on November 18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best Available Controls for Consumer and Commercial Products. 3. In Sec. 52.1167, Table 52.1167 is amended by adding a new entry for 310 CMR 7.25 in numerical order to read as follows: Sec. 52.1167 EPA-approved Massachussetts State regulations. * * * * * Table 52.1167.--EPA-Approved Rules and Regulations [See Notes at end of table] -------------------------------------------------------------------------------------------------------------------------------------------------------- Date Comments/ State citation Title/subject submitted Date approved by EPA Federal Register citation 52.1120(c) unapproved by State sections -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 310 CMR 7.25........... Best available 11/18/94 December 19, 1995........... 60 FR 65242..................... 108 Includes controls for architectural & consumer and industrial commercial maintenance products. coatings. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 65243]] [FR Doc. 95-30797 Filed 12-18-95; 8:45 am] BILLING CODE 6560-50-P