[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Rules and Regulations]
[Pages 48819-48847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22660]
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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
(moore.bruce@epa.gov).
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.
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Percent HVOC
content limit
Product category (weight-
percent HVOC)
------------------------------------------------------------------------
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
------------------------------------------------------------------------
VOC emission
Product category limit (grams
(g)/start)
------------------------------------------------------------------------
Charcoal Lighter Material............................... 9
------------------------------------------------------------------------
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
(<0.1 parts="" per="" million="" hydrocarbons="" as="" methane)="" span="" with="" 90="" parts="" per="" million="" methane="" in="" ultra="" pure="" air.="" zero="" and="" span="" another="" instrument="" selection="" range="" if="" needed="" for="" test="" purposes.="" (7)="" before="" the="" testing="" program="" begins,="" establish="" a="" point="" of="" average="" concentration="" of="" organics="" in="" the="" stack="" by="" using="" a="" continuous="" organic="" emissions="" monitor="" and="" a="" grill="" with="" charcoal="" ignited="" by="" the="" electric="" probe="" 40="" minutes="" after="" initial="" release="" of="" emissions.="" record="" the="" continuous="" organic="" emissions="" monitor="" traverse="" data.="" (8)="" prepare="" the="" integrated="" voc="" sampling="" equipment="" and="" perform="" the="" required="" leak="" checks.="" fit="" the="" probes="" with="" nozzles="" housing="" two="" micron="" particulate="" filters.="" insert="" the="" probes="" and="" nozzles="" into="" the="" sampling="" port="" to="" draw="" a="" sample="" of="" the="" exhaust="" gas="" from="" the="" point="" of="" average="" organic="" concentration="" as="" determined="" from="" the="" continuous="" organic="" emissions="" monitor="" sample="" traverse="" described="" in="" paragraph="" (h)(4)="" of="" this="" section.="" also,="" position="" the="" nozzles="" such="" that="" they="" point="" downstream="" in="" the="" stack.="" obtain="" the="" samples="" concurrently="" and="" continuously="" over="" the="" test="" run.="" (9)="" insert="" the="" continuous="" organic="" emissions="" monitor="" probe="" into="" the="" sampling="" port="" to="" draw="" a="" sample="" of="" the="" exhaust="" gas="" from="" the="" point="" of="" average="" organic="" concentration="" as="" determined="" from="" the="" continuous="" organic="" emissions="" monitor="" sample="" traverse="" described="" in="" paragraph="" (h)(7)="" of="" this="" section.="" (i)="" test="" procedure.="" the="" labeled="" directions,="" as="" defined="" in="" paragraph="" (e)="" of="" this="" section,="" shall="" be="" followed="" throughout="" the="" course="" of="" the="" testing.="" in="" cases="" where="" the="" directions="" are="" incompatible="" with="" this="" protocol,="" circumvent="" the="" intent="" of="" this="" protocol,="" or="" are="" unclear="" (subject="" to="" different="" interpretations)="" and="" inadequate,="" the="" administrator="" must="" be="" informed="" in="" writing="" of="" the="" nature="" of="" the="" conflict,="" as="" well="" as="" the="" proposed="" resolution,="" prior="" to="" commencing="" testing.="" when="" the="" labeled="" directions="" for="" a="" charcoal="" lighter="" material="" do="" not="" fall="" within="" the="" testing="" guidelines="" of="" this="" protocol,="" the="" protocol="" may="" only="" be="" modified="" upon="" written="" approval="" of="" the="" administrator.="" (1)="" place="" the="" bottom="" of="" the="" barbecue="" grill="" on="" the="" floor="" of="" the="" fireplace,="" 5="" centimeters="" (2="" inches)="" from="" the="" rear="" wall.="" ignite="" charcoal="" as="" specified="" by="" manufacturer's="" labeled="" directions.="" (2)="" for="" electric="" probe="" ignition,="" carefully="" remove="" probe="" without="" disturbing="" charcoal="" after="" 10="" minutes="" of="" operation.="" (3)="" for="" fluid="" ignition,="" simultaneously="" match="" light="" fluid="" on="" charcoal="" and="" fluid="" that="" has="" fallen="" to="" the="" bottom="" of="" the="" grill.="" (4)="" place="" the="" grill="" temperature="" probe="" 11="" centimeters="" (4.5="" inches)="" above="" the="" top="" of="" the="" charcoal="" immediately="" after="" the="" charcoal="" lighter="" material="" flame="" goes="" out,="" or="" before,="" if="" the="" lighter="" material="" does="" not="" flame.="" (5)="" conduct="" at="" least="" six="" test="" runs="" for="" both="" the="" electric="" probe="" ignition="" and="" for="" the="" lighter="" material="" being="" evaluated.="" alternate="" these="" lighter="" material="" for="" all="" 12="" runs.="" all="" runs="" must="" be="" conducted="" over="" 3="" consecutive="" days="" or="" less.="" alternatively,="" baseline="" emissions="" testing="" (using="" the="" electric="" probe)="" may="" be="" applied="" to="" other="" test="" runs="" provided="" the="" test="" runs="" occur="" within="" 4="" months="" of="" the="" baseline="" testing.="" integrated="" voc="" sampling="" and="" continuous="" organic="" emissions="" monitoring="" begin="" for="" each="" test="" run="" when="" the="" charcoal="" lighter="" material="" and/or="" materials="" start="" to="" generate/release="" organics="" (this="" will="" be="" the="" time="" of="" pouring="" for="" lighter="" fluids="" and="" the="" time="" of="" ignition="" for="" most="" other="" ignition="" sources).="" option:="" because="" the="" manufacturer="" of="" treated="" or="" impregnated="" charcoal="" supplies="" both="" the="" lighter="" material="" and="" barbecue="" charcoal,="" they="" may="" apply="" the="" 9="" grams="" voc="" per="" start="" emission="" limit="" as="" an="" absolute="" value="" without="" an="" adjustment="" for="" the="" voc="" emissions="" from="" an="" electric="" probe.="" (6)="" sampling="" ends="" for="" each="" test="" run="" when="" all="" the="" following="" conditions="" are="" met:="" (i)="" the="" temperature="" 11="" centimeters="" (4.5="" inches)="" above="" the="" maximum="" height="" of="" the="" briquette="" pile,="" using="" the="" grill="" temperature="" probe="" described="" in="" paragraph="" (d)(3)(ii)="" of="" this="" section,="" is="" at="" least="" 93="" degrees="" celsius="" (200="" degrees="" fahrenheit);="" (ii)="" the="" continuous="" organic="" emissions="" monitor="" is="" reading="" below="" 30="" parts="" per="" million="" for="" at="" least="" 2="" minutes;="" (iii)="" the="" test="" sampling="" has="" continued="" for="" 25="" minutes="" (but="" not="" more)="" and="" (iv)="" the="" charcoal="" surface="" is="" 70="" percent="" covered="" with="" ash="" (to="" be="" documented="" with="" photograph="" on="" top="" and="" 60="" degrees="" above="" the="" horizon).="" (7)="" during="" the="" sampling="" test="" runs,="" temperatures="" (excluding="" ambient)="" and="" continuous="" organic="" emission="" monitor="" readings="" shall="" be="" recorded="" and="" shall="" comply="" with="" the="" requirements="" in="" paragraph="" (b)="" of="" this="" section.="" humidity,="" wind="" speed,="" and="" ambient="" temperature="" readings="" shall="" be="" monitored="" and="" shall="" comply="" with="" the="" requirements="" in="" paragraph="" (b)="" of="" this="" section.="" (8)="" collect="" one="" blank="" sample="" for="" voc="" and="" one="" ambient="" air="" sample="" during="" one="" run="" of="" each="" day="" per="" paragraph="" (k)="" of="" this="" section.="" (j)="" post-run="" procedure.="" (1)="" record="" temperatures="" (including="" ambient),="" humidity,="" wind="" speed,="" and="" continuous="" organic="" emissions="" monitor="" reading.="" (2)="" record="" the="" drift="" using="" zero="" and="" span="" gases.="" leak="" check="" and="" span="" the="" continuous="" organic="" emissions="" monitor="" as="" described="" in="" paragraph="" (h)(6)="" of="" this="" section="" for="" the="" next="" run.="" (3)="" leak="" check="" and="" disassemble="" the="" integrated="" voc="" sampling="" equipment="" as="" described="" in="" method="" 25="" of="" 40="" cfr="" part="" 60,="" appendix="" a="" or="" scaqmd="" method="" 25.1="" (incorporated="" by="" reference--see="" sec.="" 59.213="" of="" this="" subpart),="" or="" equivalent.="" (4)="" thoroughly="" clean="" grill="" surfaces="" of="" all="" residue="" before="" conducting="" next="" ignition="" run.="" (k)="" calculations.="" calculations="" shall="" be="" carried="" out="" to="" at="" least="" one="" significant="" digit="" beyond="" that="" of="" the="" acquired="" data,="" and="" then="" rounded="" off="" after="" final="" calculation="" to="" two="" significant="" digits="" for="" each="" run.="" all="" rounding="" off="" of="" numbers="" should="" be="" in="" accordance="" with="" the="" american="" society="" for="" testing="" and="" materials="" (astm)="" e="" 380-93,="" standard="" practice="" for="" use="" of="" the="" si="" international="" system="" of="" units,="" procedures="" (incorporated="" by="" reference--see="" sec.="" 59.213="" of="" this="" subpart).="" (1)="" calculate="" the="" average="" stack="" reference="" point="" temperature="" during="" sampling="">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
------------------------------------------------------------------------
[[Page 48843]]
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
[[Page 48844]]
Appendix A to Subpart C--Figures
[GRAPHIC] [TIFF OMITTED] TR11SE98.008
[[Page 48845]]
[GRAPHIC] [TIFF OMITTED] TR11SE98.009
[[Page 48846]]
[GRAPHIC] [TIFF OMITTED] TR11SE98.010
[[Page 48847]]
[GRAPHIC] [TIFF OMITTED] TR11SE98.011
[FR Doc. 98-22660 Filed 9-10-98; 8:45 am]
BILLING CODE 6560-50-C
