Professional Documents
Culture Documents
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Regulation No. 62.96 ......... Nitrogen Oxides (NOX) and Sulfur Dioxide (SO2) Budg- 8/14/07 10/09/07 [Insert first page of publica-
et Trading Program General Provisions. tion].
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57216 Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Rules and Regulations
addressed in this notice pursuant to www.regulations.gov or in hard copy at Carolina 27711, telephone number:
Clean Air Act section 183(e). the EPA Docket Center, Public Reading (919) 541–5580, e-mail address:
DATES: This final action is effective on Room, EPA West, Room 3334, 1301 teal.kim@epa.gov. For further
October 9, 2007. Constitution Ave., NW., Washington, information on technical issues
ADDRESSES: EPA has established the DC. The Public Reading Room is open concerning the determination and CTG
following dockets for these actions: from 8:30 a.m. to 4:30 p.m., Monday for metal furniture coatings, contact: Ms.
Consumer and Commercial Products, through Friday, excluding legal Martha Smith, U.S. EPA, Office of Air
Group III—Determination to Issue holidays. The telephone number for the Quality Planning and Standards, Sector
Control Techniques Guidelines in Lieu Public Reading Room is (202) 566–1744, Policies and Programs Division, Natural
of Regulations, Docket No. EPA–HQ– and the telephone number for the Air Resources and Commerce Group (E143–
OAR–2007–0454; Consumer and Docket is (202) 566–1742. 03), Research Triangle Park, North
Commercial Products—Paper, Film, and FOR FURTHER INFORMATION CONTACT: For Carolina 27711, telephone number:
Foil Coatings, Docket No.EPA–HQ– information concerning the CAA section (919) 541–2421, e-mail address:
OAR–2007–0336; Consumer and 183(e) consumer and commercial smith.martha@epa.gov.
Commercial Products—Metal Furniture products program, contact Mr. Bruce For further information on technical
Coatings, Docket No. EPA–HQ–OAR– Moore, U.S. EPA, Office of Air Quality issues concerning the determination and
2007–0334; and Consumer and Planning and Standards, Sector Policies CTG for large appliance coatings,
Commercial Products—Large Appliance and Programs Division, Natural contact: Mr. Lynn Dail, U.S. EPA, Office
Coatings, Docket No. EPA–HQ–OAR– Resources and Commerce Group (E143– of Air Quality Planning and Standards,
2007–0329. All documents in the docket 03), Research Triangle Park, North Sector Policies and Programs Division,
are listed in the http:// Carolina 27711, telephone number: Natural Resources and Commerce Group
www.regulations.gov index. Although (919) 541–5460, fax number (919) 541– (E143–03), Research Triangle Park,
listed in the index, some information is 3470, e-mail address: North Carolina 27711, telephone
not publicly available, e.g., confidential moore.bruce@epa.gov. For further number: (919) 541–2363, e-mail address:
business information (CBI) or other information on technical issues dail.lynn@epa.gov.
information whose disclosure is concerning the determination and
restricted by statute. Certain other control techniques guidelines (CTG) for SUPPLEMENTARY INFORMATION:
material, such as copyrighted material, paper, film, and foil coatings, contact: Entities Potentially Affected by this
is not placed on the Internet and is Ms. Kim Teal, U.S. EPA, Office of Air Action. The entities potentially affected
publicly available only in hard copy Quality Planning and Standards, Sector by this action include industrial
form. Publicly available docket Policies and Programs Division, Natural facilities that use the respective
materials are available either Resources and Commerce Group (E143– consumer and commercial products
electronically through http:// 03), Research Triangle Park, North covered in this action as follows:
Paper, film, and foil coatings 322221, 322222, 322223, 322224, 322225, 322226, Facilities that apply coatings to packaging paper, paper
322229, 325992, 326111, 326112, 326113, 32613, bags, laminated aluminum foil, coated paperboard,
32791, 339944. photographic film, abrasives, carbon paper, and other
coated paper, film and foil products.
Metal furniture coatings ....... 337124, 337214, 337127, 337215, 337127, 332951, Facilities that apply coatings to metal furniture compo-
332116, 332612, 337215, 335121, 335122, 339111, nents or products.
339114, 337127, 81142.
Large appliance coatings ..... 335221, 335222, 335224, 335228, 333312, 333319 ..... Facilities that apply coatings to household and commer-
cial cooking equipment, refrigerators, laundry equip-
ment, laundry drycleaning and pressing equipment.
Federal Government ............ .......................................................................................... Not affected.
State/local/tribal government .......................................................................................... State, local and tribal regulatory agencies.
a North American Industry Classification System.
This table is not intended to be policy and guidance page for newly during the period for public comment
exhaustive, but rather provides a guide proposed or promulgated rules at the can be raised during judicial review.
for readers regarding entities likely to be following address: http://www.epa.gov/ Organization of This Document
affected by this action. If you have any ttn/oarpg/. The TTN provides
questions regarding the applicability of information and technology exchange in The information presented in this
this action to a particular entity, consult various areas of air pollution control. document is organized as follows:
the appropriate EPA contact listed in I. Background Information
the FOR FURTHER INFORMATION CONTACT Judicial Review A. The Ozone Problem
section of this notice. B. Statutory and Regulatory Background
Under section 307(b)(1) of the CAA, C. Significance of CTGs
World Wide Web (WWW) judicial review of EPA’s listing and final II. Summary of Changes to the Final CTGs
determination is available only by filing A. Paper, Film, and Foil Coatings
In addition to being available in the a petition for review in the U.S. Court B. Metal Furniture Coatings and Large
docket, an electronic copy of this final Appliance Coatings
of Appeals for the District of Columbia
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Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Rules and Regulations 57217
B. Paperwork Reduction Act and accelerated decline in baseline lung Any regulations issued under CAA
C. Regulatory Flexibility Act function). section 183(e) must be based on ‘‘best
D. Unfunded Mandates Reform Act available controls (BAC).’’ CAA section
E. Executive Order 13132: Federalism B. Statutory and Regulatory Background
183(e)(1)(A) defines BAC as ‘‘the degree
F. Executive Order 13175: Consultation Under section 183(e) of the CAA, EPA of emissions reduction that the
and Coordination With Indian Tribal
conducted a study of VOC emissions Administrator determines, on the basis
Governments
G. Executive Order 13045: Protection of
from the use of consumer and of technological and economic
Children From Environmental Health commercial products to assess their feasibility, health, environmental, and
and Safety Risks potential to contribute to levels of ozone energy impacts, is achievable through
H. Executive Order 13211: Actions that violate the National Ambient Air the application of the most effective
Concerning Regulations That Quality Standards (NAAQS) for ozone, equipment, measures, processes,
Significantly Affect Energy Supply, and to establish criteria for regulating methods, systems or techniques,
Distribution, or Use VOC emissions from these products. including chemical reformulation,
I. National Technology Transfer and Section 183(e) of the CAA directs EPA product or feedstock substitution,
Advancement Act to list for regulation those categories of repackaging, and directions for use,
J. Executive Order 12898: Federal Actions products that account for at least 80
To Address Environmental Justice in
consumption, storage, or disposal.’’
Minority Populations and Low-Income
percent of the VOC emissions, on a CAA section 183(e) also provides EPA
Populations reactivity-adjusted basis, from consumer with authority to use any system or
K. Congressional Review Act and commercial products in areas that systems of regulation that EPA
violate the NAAQS for ozone (i.e., ozone determines is the most appropriate for
I. Background Information nonattainment areas), and to divide the the product category. Under these
A. The Ozone Problem list of categories to be regulated into provisions, EPA has previously issued
four groups. EPA published the initial ‘‘national’’ regulations for autobody
Ground-level ozone, a major list in the Federal Register on March 23, refinishing coatings, consumer
component of smog, is formed in the 1995 (60 FR 15264). In that notice, EPA products, architectural coatings, and
atmosphere by reactions of volatile stated that it may amend the list of portable fuel containers.2
organic compounds (VOC) and oxides of products for regulation, and the groups CAA section 183(e)(3)(C) further
nitrogen in the presence of sunlight. The of product categories, in order to provides that EPA may issue a CTG in
formation of ground-level ozone is a achieve an effective regulatory program lieu of a national regulation for a
complex process that is affected by in accordance with the Agency’s product category where EPA determines
many variables. discretion under CAA section 183(e). that the CTG will be ‘‘substantially as
Exposure to ground-level ozone is EPA has revised the list several times. effective as regulations’’ in reducing
associated with a wide variety of human See 70 FR 69759 (November 17, 2005); emissions of VOC in ozone
health effects, as well as agricultural 64 FR 13422 (March 18, 1999). Most nonattainment areas. The statute does
crop loss, and damage to forests and recently, in May 2006, EPA revised the not specify how EPA is to make this
ecosystems. Controlled human exposure list to add one product category, determination, but does provide a
studies show that acute health effects portable fuel containers, and to remove fundamental distinction between
are induced by short-term (1 to 2 hour) one product category, petroleum dry national regulations and CTGs.
exposures (observed at concentrations cleaning solvents. See 71 FR 28320 Specifically, for national regulations,
as low as 0.12 parts per million (ppm)), (May 16, 2006). As a result of these CAA section 183(e) defines regulated
generally while individuals are engaged revisions, Group III of the list comprises entities as:
in moderate or heavy exertion, and by five product categories: portable fuel (i) * * * manufacturers, processors,
prolonged (6 to 8 hour) exposures to containers; aerosol spray paints; paper, wholesale distributors, or importers of
ozone (observed at concentrations as film, and foil coatings; metal furniture consumer or commercial products for sale or
coatings; and large appliance coatings. distribution in interstate commerce in the
low as 0.08 ppm and possibly lower),
Pursuant to the court’s order in Sierra United States; or (ii) manufacturers,
typically while individuals are engaged processors, wholesale distributors, or
in moderate exertion. Transient effects Club v. EPA, 1:01–cv–01597–PLF (D.C.
importers that supply the entities listed
from acute exposures include Cir., March 31, 2006), EPA must take
under clause (i) with such products for sale
pulmonary inflammation, respiratory final action on the product categories in or distribution in interstate commerce in the
symptoms, effects on exercise Group III by September 30, 2007. The United States.
performance, and increased airway portable fuel containers and aerosol
spray paints categories are addressed in Thus, under CAA section 183(e), a
responsiveness. Epidemiological studies regulation for consumer or commercial
have shown associations between separate rulemaking actions.1 The
products is limited to measures
ambient ozone levels and increased remaining three categories in Group III
applicable to manufacturers, processors,
susceptibility to respiratory infection, are the subject of this action. On July 10,
distributors, or importers of consumer
increased hospital admissions and 2007, EPA published its proposed
and commercial products supplied to
emergency room visits. Groups at determination that a CTG is
the consumer or industry. CAA section
increased risk of experiencing elevated substantially as effective as a regulation
183(e) does not authorize EPA to issue
exposures include active children, for each of these three categories and
national regulations that would directly
outdoor workers, and others who announced availability of draft CTGs for
regulate end-users of these products. By
regularly engage in outdoor activities. paper, film, and foil coatings; metal
contrast, CTGs are guidance documents
Those most susceptible to the effects of furniture coating; and large appliance
that recommend reasonably available
ozone include those with preexisting coatings. See 72 FR 37582.
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(e.g., structural damage to lung tissue coatings currently are under development. 11, 1998); and 72 FR 8428 (February 26, 2007).
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57218 Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Rules and Regulations
(i.e., that EPA cannot directly regulate development of the State rules and context of the SIP process and
end-users under CAA section 183(e), but EPA’s SIP approval process. determine whether those rules meet the
can address end-users through a CTG) We encourage States in developing RACT requirements of the Act and its
created by Congress is relevant to EPA’s their RACT rules to consider carefully implementing regulations.
evaluation of the relative merits of a the facts and circumstances of the Finally, CAA section 182(b)(2)
national regulation versus a CTG. particular sources in their States provides that a CTG issued after 1990
because, as noted above, RACT is specify the date by which a State must
C. Significance of CTGs determined on a case-by-case basis, submit a SIP revision in response to the
CAA section 172(c)(1) provides that considering issues of technological and CTG. In the CTGs at issue here, EPA
state implementation plans (SIPs) for economic feasibility. For example, a provides that States should submit their
nonattainment areas must include State may decide not to require 90 SIP revisions within 1 year of the date
‘‘reasonably available control measures percent control efficiency at facilities that the CTGs are finalized.
(RACM),’’ including RACT, for sources that are already well controlled, if the
additional emission reductions would II. Summary of Changes to the Final
of emissions. CAA section 182(b)(2)(A) CTGs
provides that for certain nonattainment not be cost-effective. States may also
areas, States must revise their SIPs to want to consider reactivity-based A. Paper, Film, and Foil Coatings
include RACT for each category of VOC approaches, as appropriate, in The final CTG has been revised to
sources covered by a CTG document developing their RACT regulations.3 provide separate applicability
issued between November 15, 1990, and Finally, if States consider requiring recommendations for coating operations
the date of attainment. States subject more stringent VOC content limits than and cleaning operations. For coating
only to the RACT requirements in CAA those recommended in the CTGs, States operations, we have changed the
section 172(c)(1) may take action in may also wish to consider averaging, as applicability recommendation to apply
response to this guidance, as necessary appropriate. In general, the RACT to individual coating lines. Specifically,
to achieve attainment of the national requirement is applied on a short-term we recommend that the control
primary ambient air quality standards. basis up to 24 hours.4 However, EPA measures recommended in the final
EPA defines RACT as ‘‘the lowest guidance addresses averaging times CTG apply to any coating line with the
emission limitation that a particular longer than 24 hours under certain potential to emit 25 tons or more per
source is capable of meeting by the conditions.5 The EPA’s ‘‘Economic year (tpy) of VOC, before consideration
application of control technology that is Incentive Policy’’ 6 provides guidance of control. This applicability level for
reasonably available considering on use of long-term averages with regard coating operations is the same
technological and economic feasibility, to RACT and generally provides for applicability level that we
44 FR 53761 (September 17, 1979).’’ In averaging times of no greater than 30 recommended for coatings, inks and
subsequent notices, EPA has addressed days. Thus, if the appropriate adhesives in the final CTG for flexible
how States can meet the RACT conditions are present, States may wish package printing and for heatset dryers
requirements of the Act. Significantly, to consider the use of averaging in in the final CTG for offset lithographic
RACT for a particular industry is conjunction with more stringent limits. printing and letterpress printing.
determined on a case-by-case basis, Because of the nature of averaging, We made this change in response to
considering issues of technological and however, we would expect that any a comment that the cost of using add-
economic feasibility. State RACT Rules that allow for on controls to control coating emissions
EPA provides States with guidance averaging also include appropriate from an individual coating line with
concerning what types of controls could recordkeeping and reporting potential to emit of 3 tpy would be
constitute RACT for a given source requirements. unreasonable compared to the emission
category through issuance of a CTG. The By this action, we are issuing final reduction that would be achieved and
recommendations in the CTG are based CTGs that cover three product categories that it would be even more costly to
on available data and information and in Group III of the CAA section 183(e) control multiple coating lines with total
may not apply to a particular situation list. These CTGs are guidance to the potential to emit of 3 tpy. The
based upon the circumstances of a States and provide recommendations commenter provided information on the
specific source. States can follow the only. A State can determine what cost of controlling an individual coating
CTG and adopt State regulations to constitutes RACT for these three line with the potential to emit 3 tpy.
implement the recommendations product categories, and EPA will review The commenter also provided
contained therein, or they can adopt the State’s rules reflecting RACT in the information on the cost of controlling an
alternative approaches. In either event, 3 ‘‘Interim Guidance on Control of Volatile
individual coating line with the
States must submit their RACT rules to Organic Compounds in Ozone State potential to emit 25 tpy. We agree with
EPA for review and approval as part of Implementation Plans,’’ 70 FR 54046 (September the commenter that, for purposes of
the SIP process. EPA will evaluate the 13, 2005). recommending an applicability
4 See, e.g., 52 FR at 45108, col. 2, ‘‘Compliance
rules and determine, through notice and threshold for add-on controls, it is more
Periods’’ (November 24, 1987). ‘‘VOC rules should
comment rulemaking in the SIP describe explicitly the compliance timeframe
appropriate to examine the cost of add-
approval process, whether the associated with each emission limit (e.g., on control for a single coating line than
submitted rules meet the RACT instantaneous or daily). However, where the rules the cost of add-on control for all of the
requirements of the CAA and EPA’s are silent on compliance time, EPA will interpret coating lines at a facility because the
it as instantaneous.’’
regulations. To the extent a State adopts 5 Memorandum from John O’Connor, Acting
number of coating lines at a facility
any of the recommendations in a CTG Director of the Office of Air Quality Planning and varies. Based on the information
into its State RACT rules, interested provided by the commenter and similar
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Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Rules and Regulations 57219
control for a coating line with the recommendation in the draft CTG may present in most existing RACT
potential to emit 25 or more tpy will inadvertently exclude certain coatings regulations.
generally be cost effective and that add- that are needed in the metal furniture
III. Responses to Significant Comments
on control for a coating line with the and large appliance industries.
on EPA’s Determination
potential to emit below 25 tpy will Therefore, in the final CTGs, we have
generally be too costly for the emission added to our recommendations other With the exception of one commenter,
reduction that would be achieved. provisions of the South Coast all other commenters that addressed
We continue to recommend that the regulation, which is the regulation that EPA’s proposed CAA section
final CTG work practice formed the basis of our 183(e)(3)(C) determination that CTGs
recommendations for cleaning apply to recommendations in the draft CTGs. will be substantially as effective as
paper, film and foil coating facilities The additional provisions of the South national regulations in reducing
with actual emissions of 6.8 kg/day (15 Coast regulation that we are now emissions of VOC in ozone
lb/day) or more, before consideration of recommending include separate VOC nonattainment areas from the three
controls, from all covered paper, film limits for certain specialty coatings and product categories associated with this
and foil coating operations and related exemptions for certain specialty coating action agreed with the proposed
cleaning activities at the facility. Since operations. We believe that these other determination.
work practices are carried out on a provisions of the South Coast regulation In support of the proposed
facility-wide basis, we believe it is most are necessary to accommodate the range determination and use of CTGs,
appropriate for the applicability of work of coatings that are needed in the metal commenters remarked that the CTG
practices to be determined on a facility- furniture and large appliance industries. approach would afford industry
wide basis. Specifically, consistent with the flexibility to achieve VOC emission
We expect the change to our South Coast regulation, the final CTGs reductions while not compromising
applicability recommendation, as for metal furniture coatings and large their ability to meet customer needs. We
reflected in the final CTGs, to have appliance coatings include separate also received specific comments
little, if any, effect on VOC emission recommended limits for baked coatings agreeing with EPA’s position that State
reductions from this category. Because and air-dried coatings in the following regulation of facilities that apply the
the majority of emissions from paper, categories: general, one component; coatings covered by the CTGs will result
film, and foil coating come from coating general, multi-component; extreme high in a greater volume of emission
lines emitting more than 25 tpy VOC gloss; extreme performance; heat reductions than would limiting the VOC
before consideration of control, we resistant; metallic; pretreatment; and content of the products through a
anticipate that the change to our solar absorbent. Also, consistent with national regulation. Finally, we received
applicability recommendation in the the South Coast regulation, EPA comments noting that the use of CTGs
final CTG will have a negligible impact recommends that the following types of allows States greater flexibility to tailor
on the VOC emission reduction specialty coatings and coating regulatory requirements to their specific
estimates presented at proposal. operations be exempt from VOC content circumstances. The commenter stated
Therefore, our determination that the limits: stencil coatings; safety-indicating that site-specific factors necessitate the
CTG will be substantially as effective as coatings; solid-film lubricants; electric- need for flexible controls. Because there
a national regulation for this category is insulating and thermal-conducting can be great variation in the operations
not affected by this change. coatings; touch-up and repair coatings; of facilities and the environmental
We have also clarified in the final and coating application utilizing hand- conditions in which they operate, State
CTG that (1) daily within-line averaging, held aerosol cans. Further details of regulators should be granted some
and (2) using low VOC coatings in these recommendations can be found in latitude to fashion control strategies to
conjunction with capture and control the CTGs. address the variables that are inherent to
devices are viable options for achieving Because the majority of liquid the formation of ground-level ozone in
the recommended limits for coating coatings used in metal furniture and their States. The commenter concluded
operations in the final CTG. These types large appliance coating operations fall that the CTG approach affords this
of compliance options were available in into the ‘‘general, one component’’ flexibility by allowing the use of a
the 1977 CTG and are present in most coatings category, for which the variety of mechanisms to achieve
existing RACT regulations. recommended limits are unchanged emission reductions, including the use
from the limit recommended in the draft of low-VOC coatings, add-on control
B. Metal Furniture Coatings and Large devices, work practice standards,
CTGs, we do not anticipate that the
Appliance Coatings restrictive permitting, averaging of
changes made in the final CTG will
EPA has changed the low VOC significantly alter the VOC emission materials, and vapor pressure and
content coatings recommendation in reduction estimates presented at reactivity measures.
both the final metal furniture coatings proposal. Therefore, the changes The only adverse comment on the
CTG and the final large appliance described above do not affect our determination that we received asserted
coatings CTG. The draft CTGs for these determination that CTGs will be that CTGs will not be effective because
product categories recommended an substantially as effective as national they are voluntary measures. We
emissions limit of 0.275 kg VOC/l (2.3 regulations for metal furniture coatings disagree with the commenter. CAA
lbs/gal) of coating, excluding water and and large appliance coating. section 183(e)(3)(C) specifically
exempt compounds, as applied. This We have also clarified in the final authorizes EPA to issue CTGs, which
recommendation was based on the CTGs that (1) daily within-coating unit are guidance, in lieu of national
California South Coast Air Quality averaging, and (2) using low VOC regulations if EPA determines that the
Management District (South Coast) coatings in conjunction with capture CTGs will be as substantially as
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regulations limiting VOC emissions and control devices are viable options effective as regulations in reducing
from general purpose baked coatings for achieving the recommended limits emissions of VOC in ozone
used in metal products coating for coating operations in the final CTGs. nonattainment areas. In our proposal,
operations. Based on the public These types of compliance options were we presented the rationale for our
comments, we determined that the available in the 1977 CTGs and are determination that a CTG is
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57220 Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Rules and Regulations
substantially as effective as a rule for or provide information to or for a substantially as effective as a national
each of the three categories here. The Federal Agency. This includes the time regulation in achieving VOC emission
commenter raised no concerns or issues needed to review instructions; develop, reductions in ozone nonattainment
with that rationale. Furthermore, the acquire, install, and utilize technology areas. This final determination means
commenter is incorrect in comparing and systems for the purposes of that EPA has concluded that it is not
CTGs to voluntary measures. As collecting, validating, and verifying appropriate to issue Federal regulations
discussed in section I.B. of this notice, information, processing and under CAA section 183(e) to regulate
the CTGs contain recommendations. maintaining information, and disclosing VOC emissions from these three product
Certain States must revise their SIP to and providing information; adjust the categories. Instead, EPA has concluded
include RACT for paper film and foil existing ways to comply with any that it is appropriate to issue guidance
coatings, metal furniture coatings, and previously applicable instructions and in the form of CTGs that provide
large appliance coatings, as a result of requirements; train personnel to be able recommendations to States concerning
EPA’s issuance of the CTGs for these to respond to a collection of potential methods to achieve needed
three categories. The CTGs provide information; search data sources; VOC emission reductions from these
States with guidance from EPA complete and review the collection of product categories. In addition to the
concerning the types of controls that information; and transmit or otherwise final determination, EPA is also
could constitute RACT for these three disclose the information. announcing availability of the final
product categories. Because the An agency may not conduct or CTGs for these three product categories.
recommendations in the CTG are based sponsor, and a person is not required to These CTGs are guidance documents.
on available data and information, they respond to a collection of information EPA does not directly regulate any small
may not apply to a particular situation unless it displays a currently valid OMB entities through the issuance of a CTG.
based upon the circumstances. States control number. The OMB control Instead, EPA issues CTG to provide
have the flexibility to either adopt EPA’s numbers for EPA’s regulations in 40 States with guidance on developing
recommendations in the CTGs as RACT CFR are listed in 40 CFR part 9. appropriate regulations to obtain VOC
or develop alternative approaches that C. Regulatory Flexibility Act emission reductions from the affected
are better suited for the sources within sources within certain nonattainment
The Regulatory Flexibility Act (RFA) areas. EPA’s issuance of a CTG does
their States. In either event, States must
generally requires an agency to prepare trigger an obligation on the part of
submit their RACT rules to EPA for
a regulatory flexibility analysis of any certain States to issue State regulations,
review and approval as part of the
rule subject to notice and comment but States are not obligated to issue
notice and comment SIP process.
rulemaking requirements under the regulations identical to the Agency’s
Finally, Congress was well aware of the Administrative Procedure Act or any
nature and structure of CTGs when it CTG. States may follow the guidance in
other statute unless the agency certifies the CTG or deviate from it, and the
included CAA section 183(e)(3)(C) in that the rule will not have a significant
the statute, affording EPA the ultimate determination of whether a
economic impact on a substantial State regulation meets the RACT
opportunity to issue CTGs in lieu of number of small entities. Small entities
national regulations. EPA acted requirements of the CAA would be
include small businesses, small determined through notice and
consistently with the CAA in issuing the organizations, and small governmental
determination, and the commenter has comment rulemaking in the Agency’s
jurisdictions. action on each State’s State
not challenged the rationale that EPA For purposes of assessing the impacts
provided in support of that Implementation Plan. Thus, States
of this rule on small entities, small retain discretion in determining to what
determination. entity is defined as: (1) A small business degree to follow the CTGs.
IV. Statutory and Executive Order (EO) as defined by the Small Business
Reviews Administration’s (SBA) regulations at 13 D. Unfunded Mandates Reform Act
CFR 121.201; (2) a small governmental Title II of the Unfunded Mandates
A. Executive Order 12866: Regulatory jurisdiction that is a government of a Reform Act of 1995 (UMRA), P.L. 104–
Planning and Review city, county, town, school district, or 4, establishes requirements for Federal
Under EO 12866 (58 FR 51735, special district with a population of less agencies to assess the effects of their
October 4, 1993), this action is a than 50,000; and (3) a small regulatory actions on State, local, and
‘‘significant regulatory action,’’ since it organization that is any not-for-profit tribal governments and the private
is deemed to raise novel legal or policy enterprise which is independently sector. Under section 202 of the UMRA,
issues. Accordingly, EPA submitted this owned and operated and is not EPA generally must prepare a written
action to the Office of Management and dominant in its field. statement, including a cost-benefit
Budget (OMB) for review under EO After considering the economic analysis, for proposed and final rules
12866, and any changes made in impacts of this final rule on small with ‘‘Federal mandates’’ that may
response to OMB recommendations entities, I certify that this action will not result in expenditures to State, local,
have been documented in the docket for have a significant economic impact on and tribal governments, in the aggregate,
this action. a substantial number of small entities. or to the private sector, of $100 million
This final rule will not impose any or more in any one year. Before
B. Paperwork Reduction Act requirements on small entities. EPA is promulgating an EPA rule for which a
This action does not impose an taking final action to list the three written statement is needed, section 205
information collection burden under the Group III consumer and commercial of the UMRA generally requires EPA to
provisions of the Paperwork Reduction product categories addressed in this identify and consider a reasonable
Act (44 U.S.C. 3501 et seq.). This action notice for purposes of CAA section number of regulatory alternatives and to
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does not contain any information 183(e) of the Act. The listing action adopt the least costly, most cost-
collection requirements. alone does not impose any regulatory effective or least burdensome alternative
Burden means the total time, effort, or requirements. EPA has also determined that achieves the objectives of the rule.
financial resources expended by persons that, for each of the three product The provisions of section 205 do not
to generate, maintain, retain, or disclose categories at issue, a CTG will be apply when they are inconsistent with
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Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Rules and Regulations 57221
applicable law. Moreover, section 205 responsibilities among the various EPA interprets Executive Order 13045
allows EPA to adopt an alternative other levels of government, as specified in as applying only to those regulatory
than the least costly, most cost-effective Executive Order 13132. The CAA actions that are based on health and
or least burdensome alternative if the establishes the relationship between the safety risks, such that the analysis
Administrator publishes with the final Federal Government and the States, and required under section 5–501 of the
rule an explanation why that alternative this action does not impact that Executive Order has the potential to
was not adopted. Before EPA establishes relationship. Thus, Executive Order influence the regulations. This rule is
any regulatory requirements that may 13132 does not apply to this rule. not subject to Executive Order 13045
significantly or uniquely affect small However, in the spirit of EO 13132, and because it does not establish an
governments, including tribal consistent with EPA policy to promote environmental standard intended to
governments, it must have developed communications between EPA and State mitigate health or safety risks.
under section 203 of the UMRA a small and local governments, EPA solicited
H. Executive Order 13211: Actions
government agency plan. The plan must comments from State and local officials.
Concerning Regulations That
provide for notifying potentially EPA received no adverse comments
Significantly Affect Energy Supply,
affected small governments, enabling from State or local governments on
Distribution, or Use
officials of affected small governments these issues.
to have meaningful and timely input in This rule is not a ‘‘significant energy
F. Executive Order 13175: Consultation action’’ as defined in Executive Order
the development of EPA regulatory
and Coordination With Indian Tribal 13211, ‘‘Action Concerning Regulations
proposals with significant Federal
Governments That Significantly Affect Energy Supply,
intergovernmental mandates, and
informing, educating, and advising Executive Order 13175, entitled Distribution, or Use’’ (66 FR 28355 (May
small governments on compliance with ‘‘Consultation and Coordination With 22, 2001)) because it is not likely to
the regulatory requirements. Indian Tribal Governments’’ (65 FR have a significant adverse effect on the
This rule contains no Federal 67249, November 9, 2000), requires EPA supply, distribution, or use of energy.
mandates (under the regulatory to develop an accountable process to These actions impose no regulatory
provisions of Title II of the UMRA) for ensure ‘‘meaningful and timely input by requirements and are therefore not
State, local, or tribal governments or the Tribal officials in the development of likely to have any adverse energy
private sector because they impose no regulatory policies that have Tribal effects.
enforceable duty on any State, local, or implications.’’
This final rule does not have Tribal I. National Technology Transfer and
tribal governments or the private sector.
implications, as specified in Executive Advancement Act
(Note: The term ‘‘enforceable duty’’ does
not include duties and conditions in Order 13175. They do not have a As noted in the proposed rule,
voluntary Federal contracts for goods substantial direct effect on one or more Section 12(d) of the National
and services.) Thus, this rule is not Indian Tribes, in that the listing action Technology Transfer and Advancement
subject to the requirements of sections and the final determination impose no Act of 1995 (NTTAA), Public Law No.
202 and 205 of the UMRA. In addition, regulatory burdens on tribes. 104–113, Section 12(d) (15 U.S.C. 272
we have determined that this rule Furthermore, the listing action and the note) directs EPA to use voluntary
contains no regulatory requirements that final determination do not affect the consensus standards in their regulatory
might significantly or uniquely affect relationship or distribution of power activities unless to do so would be
small governments because they contain and responsibilities between the Federal inconsistent with applicable law or
no regulatory requirements that apply to government and Indian Tribes. The otherwise impractical. Voluntary
such governments or impose obligations CAA and the Tribal Authority Rule consensus standards are technical
upon them. Therefore, this action is not (TAR) establish the relationship of the standards (e.g., materials specifications,
subject to the requirements of section Federal government and Tribes in test methods, sampling procedures,
203 of UMRA. implementing the Clean Air Act. Thus, business practices, etc.) that are
Executive Order 13175 does not apply developed or adopted by voluntary
E. Executive Order 13132: Federalism to this rule. consensus standards bodies. The
Executive Order 13132, entitled NTTAA directs EPA to provide
‘‘Federalism’’ (64 FR 43255, August 10, G. Executive Order 13045: Protection of
Children From Environmental Health Congress, through OMB, with
1999), requires EPA to develop an explanations when the Agency does not
accountable process to ensure and Safety Risks
use available and applicable voluntary
‘‘meaningful and timely input by State Executive Order 13045, ‘‘Protection of consensus standards.
and local officials in the development of Children from Environmental Health This action does not involve technical
regulatory policies that have federalism and Safety Risks’’ (62 FR 19885, April standards. Therefore, EPA did not
implications.’’ ‘‘Policies that have 23, 1997) applies to any rule that (1) is consider the use of any voluntary
federalism implications’’ is defined in determined to be ‘‘economically consensus standards.
the EO to include regulations that have significant’’ as defined under EO 12866,
‘‘substantial direct effects on the States, and (2) concerns an environmental J. Executive Order 12898: Federal
on the relationship between the national health or safety risk that EPA has reason Actions To Address Environmental
government and the States, or on the to believe may have a disproportionate Justice in Minority Populations and
distribution of power and effect on children. If the regulatory Low-Income Populations
responsibilities among the various action meets both criteria, the Agency Executive Order 12898 (59 FR 7629
levels of government.’’ must evaluate the environmental health (Feb. 16, 1994)) establishes Federal
This final rule does not have or safety effects of the planned rule on executive policy on environmental
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federalism implications. It will not have children, and explain why the planned justice. Its main provision directs
substantial direct effects on the States, regulation is preferable to other Federal agencies, to the greatest extent
on the relationship between the national potentially effective and reasonably practicable and permitted by law, to
government and the States, or on the feasible alternatives considered by the make environmental justice part of their
distribution of power and Agency. mission by identifying and addressing,
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57222 Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Rules and Regulations
as appropriate, disproportionately high Dated: September 28, 2007. manufacturers, including importers, to
and adverse human health or Stephen L. Johnson, notify EPA at least 90 days before
environmental effects of their programs, Administrator. commencing the manufacture or import
policies, and activities on minority ■ For the reasons stated in the preamble, of the PFAS chemicals listed in Table 3
populations and low-income title 40, chapter I of the Code of Federal of the regulatory text for the significant
populations in the United States. Regulations is amended as follows: new uses described in this document on
or after November 8, 2007. EPA believes
EPA has determined that the listing that this action is appropriate because
action and the final determination will PART 59—[AMENDED]
these chemical substances may be
not have disproportionately high and ■ 1. The authority citation for part 59 hazardous to human health and the
adverse human health or environmental continues to read as follows: environment. This required notice will
effects on minority or low-income Authority: 42 U.S.C. 7414 and 7511b(e). provide EPA the opportunity to evaluate
populations because it increases the intended significant new uses and
level of environmental protection to Subpart A—General associated activities before they occur
populations in affected ozone and, if necessary, to prohibit or limit
nonattainment areas without having any ■ 2. Section 59.1 is revised to read as those uses or activities.
disproportionately high and adverse follows: DATES: This final rule is effective
human health or environmental effects § 59.1 Final determinations under section November 8, 2007.
on any populations, including any 183(e)(3)(C) of the Clean Air Act. ADDRESSES: EPA has established a
minority or low-income populations. This section identifies the consumer docket for this action under docket
The purpose of section 183(e) is to and commercial product categories for identification (ID) number EPA–HQ–
obtain VOC emission reductions to which EPA has determined that control OPPT–2005–0015. All documents in the
assist in the attainment of the ozone techniques guidelines (CTGs) will be docket are listed in the docket index
NAAQS. The health and environmental substantially as effective as regulations available in regulations.gov. To access
risks associated with ozone were in reducing volatile organic compound the electronic docket, go to http://
considered in the establishment of the (VOC) emissions in ozone www.regulations.gov, select ‘‘Advanced
ozone NAAQS. The level is designed to nonattainment areas: Search,’’ then ‘‘Docket Search.’’ Insert
be protective of the public with an (a) Wood furniture coatings; the docket ID number where indicated
adequate margin of safety. EPA’s listing (b) Aerospace coatings; and select the ‘‘Submit’’ button. Follow
of the products and its determination (c) Shipbuilding and repair coatings; the instructions on the regulations.gov
that CTGs are substantially as effective (d) Lithographic printing materials; website to view the docket index or
as regulations are actions intended to (e) Letterpress printing materials; access available documents. Although
help States achieve the NAAQS in the (f) Flexible packaging printing listed in the index, some information is
materials; not publicly available, e.g., Confidential
most appropriate fashion.
(g) Flat wood paneling coatings; Business Information (CBI) or other
K. Congressional Review Act (h) Industrial cleaning solvents; information whose disclosure is
(i) Paper, film, and foil coatings; restricted by statute. Certain other
The Congressional Review Act, 5 (j) Metal furniture coatings; and material, such as copyrighted material,
U.S.C. 801 et seq., as added by the Small (k) Large appliance coatings. will be publicly available only in hard
Business Regulatory Enforcement [FR Doc. E7–19627 Filed 10–5–07; 8:45 am] copy. Publicly available docket
Fairness Act of 1996, generally provides materials are available electronically at
BILLING CODE 6560–50–P
that before a rule may take effect, the http://www.regulations.gov, or, if only
agency promulgating the rule must available in hard copy, at the OPPT
submit a rule report, which includes a ENVIRONMENTAL PROTECTION Docket. The OPPT Docket is located in
copy of the rule, to each House of the AGENCY the EPA Docket Center (EPA/DC) at Rm.
Congress and to the Comptroller General 3334, EPA West Bldg., 1301
of the United States. EPA will submit a 40 CFR Part 721 Constitution Ave., NW., Washington,
report containing this notice and other [EPA–HQ–OPPT–2005–0015; FRL–8150–4]
DC. The EPA/DC Public Reading Room
required information to the U.S. Senate, hours of operation are 8:30 a.m. to 4:30
the U.S. House of Representatives, and RIN 2070–AJ18 p.m., Monday through Friday, excluding
the Comptroller General of the United Federal holidays. The telephone number
Perfluoroalkyl Sulfonates; Significant of the EPA/DC Public Reading Room is
States prior to publication of the notice New Use Rule
in the Federal Register. A major rule (202) 566–1744, and the telephone
cannot take effect until 60 days after it AGENCY: Environmental Protection number for the OPPT Docket is (202)
Agency (EPA). 566–0280. Docket visitors are required
is published in the Federal Register.
ACTION: Final rule.
to show photographic identification,
This action is not a ‘‘major rule’’ as
pass through a metal detector, and sign
defined by 5 U.S.C. 804(2). This rule
SUMMARY: EPA is amending a significant the EPA visitor log. All visitor bags are
will be effective October 9, 2007. processed through an X-ray machine
new use rule (SNUR) under section
List of Subjects in 40 CFR Part 59 5(a)(2) of the Toxic Substances Control and subject to search. Visitors will be
Act (TSCA) to include certain additional provided an EPA/DC badge that must be
Air pollution control, Consumer and perfluoroalkyl sulfonate (PFAS) visible at all times in the building and
commercial products, Confidential chemicals. EPA is amending the PFAS returned upon departure.
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business information, Ozone, Reporting SNUR at 40 CFR 721.9582 by adding a FOR FURTHER INFORMATION CONTACT: For
and recordkeeping requirements, new Table 3 which includes the PFAS general information contact: Colby
Volatile organic compounds. chemicals currently on the public TSCA Lintner, Regulatory Coordinator,
Inventory that are not already covered Environmental Assistance Division
by the SNUR. This rule requires (7408M), Office of Pollution Prevention
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