99-8255. National Volatile Organic Compound Emission Standards for Consumer and Commercial Products; Variance Requests for the Consumer Products Rule and the Automobile Refinish Coatings Rule  

  • [Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
    [Notices]
    [Pages 16447-16449]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-8255]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [FRL-6318-8]
    
    
    National Volatile Organic Compound Emission Standards for 
    Consumer and Commercial Products; Variance Requests for the Consumer 
    Products Rule and the Automobile Refinish Coatings Rule
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice of opportunity for public hearing.
    
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    SUMMARY: This document provides a list of companies that have submitted 
    requests for variances under the Consumer Products Rule and the 
    Automobile Refinish Coatings Rule. The list includes variance requests 
    received from December to early March, and includes the name of each 
    requesting company, its location, and a brief summary of the request. 
    The EPA will determine whether, and to what extent, and under what 
    conditions to grant the requested variances from the requirements of 
    the specific rules.
    
    DATES: Public Hearing. A public hearing will be held, if requested, to 
    provide interested persons an opportunity for oral presentation of 
    data, views, or arguments concerning the variance requests. If anyone 
    contacts the EPA requesting to speak at a public hearing by April 26, 
    1999, a public hearing will be held on May 25, 1999, beginning at 9:00 
    a.m. Persons interested in attending the hearing should notify Janet 
    Eck, (919) 541-7946, to verify that a hearing will occur and for 
    notification of the location of the meeting.
        Request to Speak at Hearing. Persons wishing to speak at the public 
    hearing must contact Janet Eck at the EPA by April 26, 1999. Ms. Eck 
    may be contacted at telephone number (919) 541-7946, or FAX number 
    (919) 541-5689.
    
    FOR FURTHER INFORMATION CONTACT: For general information on the 
    variance provisions of the rules or information on specific variance 
    requests, contact Bruce Moore (telephone: 919-541-5460; email: 
    moore.bruce@epa.gov) or Mark Morris (telephone: 919-541-5416; email: 
    morris.mark@epa.gov), Emission Standards Division (MD-13), U.S. 
    Environmental Protection Agency, Research Triangle Park, North Carolina 
    27711.
    
    SUPPLEMENTARY INFORMATION: On September 11, 1998, the EPA promulgated 
    National Volatile Organic Compound (VOC) Emission Standards for 
    Consumer Products (63 FR 48819) and National VOC Emission Standards for 
    Automobile Refinish Coatings (63 FR 48806). These standards established 
    VOC limits for the products affected by the rules. The rules contain 
    provisions that allow a regulated entity to apply for a temporary 
    variance if the entity cannot comply with the requirements of the rule 
    because of circumstances beyond its reasonable control.
        Requests for variances must include:
        (1) The specific grounds upon which the variance is sought,
        (2) The proposed date by which the regulated entity will achieve 
    compliance with the rule (no later than 5 years after the issuance of 
    the variance), and
        (3) A compliance plan detailing the method(s) by which the 
    regulated entity will achieve compliance with the rule. The rules state 
    that the Administrator will issue a temporary variance if a regulated 
    entity can demonstrate that
    
    [[Page 16448]]
    
    complying with the rule would be technologically or economically 
    infeasible, and if the regulated entity proposes a plan by which 
    compliance will be achieved as expeditiously as possible. A variance 
    will cease to be effective upon the failure of an entity to comply with 
    any term or condition of the variance. Upon the application of any 
    party, the Administrator may review and, for good cause, modify or 
    revoke a variance after holding a public hearing.
        From December to early March, the EPA received twenty requests for 
    variances from the two rules. Table 1 lists those companies requesting 
    variances from the Consumer Products Rule. Table 2 lists those 
    companies requesting variances from the Automobile Refinish Coatings 
    Rule. These variance requests are currently undergoing review.
    
               Table 1.--Variance Requests: Consumer Products Rule
    ------------------------------------------------------------------------
                Company                  Location        Summary of request
    ------------------------------------------------------------------------
    Waldwick Plastics Corporation.  Waldwick, New      Waldwick requested a
                                     Jersey.            variance from the
                                                        VOC limits for seven
                                                        deodorizing products
                                                        that would expire
                                                        June 30, 1999.
    Cul-Mac Industries, Inc.......  Wayne, Michigan..  Cul-Mac requested a
                                                        variance to modify
                                                        dilution ratios for
                                                        a windshield washer
                                                        solvent. They
                                                        requested a variance
                                                        that would expire
                                                        July 1999.
    Taylor Labs, Inc..............  Chattanooga,       Taylor Labs requested
                                     Tennessee.         a 1 to 2 year
                                                        variance from the
                                                        date code
                                                        requirements. They
                                                        requested that
                                                        dating the outer
                                                        delivery packaging
                                                        be acceptable rather
                                                        than date coding
                                                        individual packages
                                                        within.
    Selig Chemical Industries.....  Atlanta, Georgia.  Selig requested a
                                                        variance from the
                                                        date coding
                                                        requirements. They
                                                        requested that, in
                                                        lieu of data
                                                        stamping their
                                                        products, they be
                                                        allowed to use hang
                                                        tags until they
                                                        obtain encoding
                                                        equipment to date
                                                        stamp their
                                                        products. They have
                                                        requested a variance
                                                        that would expire
                                                        November 1999.
    Carroll Company...............  Garland, Texas...  Carroll requested a
                                                        variance that would
                                                        expire January 2001
                                                        to allow sufficient
                                                        time to purchase
                                                        date coding
                                                        equipment.
    Ocean Coffee Company..........  Shreveport, LA...  Ocean Coffee Company
                                                        requested a five-
                                                        year variance to
                                                        acquire a supply of
                                                        product in small
                                                        quantities. They
                                                        claim they are
                                                        unable to find
                                                        compliant products
                                                        in quantities small
                                                        enough to be
                                                        economically
                                                        feasible for them.
    Chemtech......................  Monroe, Louisiana  Chemtech requested a
                                                        variance that would
                                                        expire September
                                                        1999 to allow them
                                                        to manually
                                                        calculate the VOC
                                                        content of all of
                                                        their product
                                                        formulas.
    ECP Incorporated..............  Oak Brook,         ECP requested a
                                     Illinois.          variance that would
                                                        expire July 2000 to
                                                        allow them to
                                                        reformulate fabric
                                                        protectors.
    Pitt Penn Oil Company.........  Creighton,         Pitt Penn requested a
                                     Pennsylvania.      variance from the
                                                        labeling
                                                        requirements to
                                                        allow them to
                                                        deplete a large
                                                        existing inventory
                                                        of labels. Pitt Penn
                                                        did not request a
                                                        specific time by
                                                        which compliance
                                                        would be achieved.
    Watkins, Inc..................  Winona, Minnesota  Watkins requested a
                                                        five-year variance
                                                        that would allow
                                                        them to reformulate
                                                        several products.
                                                        Watkins has claimed
                                                        the information in
                                                        their request to be
                                                        confidential.
    Butcher.......................  Alsip, Illinois..  Butcher requested a
                                                        variance that would
                                                        expire December 1999
                                                        to allow them to
                                                        reformulate several
                                                        products. Butcher
                                                        has claimed the
                                                        information in their
                                                        request to be
                                                        confidential.
    Amrep, Inc....................  Marietta, Georgia  Amrep requested a
                                                        variance from the
                                                        labeling
                                                        requirements of the
                                                        rule until April
                                                        1999.
    North Carolina Department of    Raleigh, North     The Department of
     Corrections.                    Carolina.          Corrections
                                                        requested a variance
                                                        to reformulate a non-
                                                        ammoniated glass
                                                        cleaner and an
                                                        ammoniated glass
                                                        cleaner. They have
                                                        requested a variance
                                                        that would expire
                                                        March 1999.
    Central Products..............  Montgomery,        Central Products
                                     Alabama.           requested a 1-month
                                                        variance from the
                                                        labeling
                                                        requirements.
    MEDO Industries...............  Tarrytown, New     MEDO requested a
                                     York.              variance that would
                                                        expire April 1999 to
                                                        allow them to
                                                        retrofit their date-
                                                        coding equipment.
    Wella.........................  Richmond,          Wella requested a 1-
                                     Virginia.          month variance from
                                                        the labeling
                                                        requirements.
    Atco International............  Marietta, Georgia  Atco requested a
                                                        variance from the
                                                        VOC limits that
                                                        would expire June
                                                        1999.
    ------------------------------------------------------------------------
    
    
         Table 2.--Variance Requests: Automobile Refinish Coatings Rule
    ------------------------------------------------------------------------
                Company                  Location        Summary of request
    ------------------------------------------------------------------------
    Finish Technologies...........  Walled Lake,       Finish Technologies
                                     Michigan.          has requested a 24-
                                                        month variance from
                                                        the rule because
                                                        their coatings use a
                                                        solvent which is
                                                        expected to become
                                                        an exempt compound.
    Coventry Coatings, Inc........  Garnerville, New   Coventry Coatings has
                                     York.              requested an 18-
                                                        month variance to
                                                        reformulate primer
                                                        surfacers and
                                                        clearcoats, and to
                                                        deplete existing
                                                        labels.
    Grow Automotive...............  Troy, Michigan...  Grow has requested a
                                                        6-month variance to
                                                        develop product
                                                        literature which
                                                        will recommend the
                                                        use of their
                                                        products in a way
                                                        that results in
                                                        compliant coatings.
    ------------------------------------------------------------------------
    
    
    [[Page 16449]]
    
        Authority: 42 U.S.C. 7511b(e).
    
        March 29, 1999.
    Robert Perciasepe,
    Assistant Administrator, OAR.
    [FR Doc. 99-8255 Filed 4-2-99; 8:45 am]
    BILLING CODE 6560-50-P