

[Federal Register: October 5, 2006 (Volume 71, Number 193)]
[Rules and Regulations]               
[Page 58745-58753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc06-9]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 59

[EPA-HQ-OAR-2006-0672; FRL-8228-4]

 
Consumer and Commercial Products, Group II: Control Techniques 
Guidelines in Lieu of Regulations for Flexible Packaging Printing 
Materials, Lithographic Printing Materials, Letterpress Printing 
Materials, Industrial Cleaning Solvents, and Flat Wood Paneling 
Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final determination and availability of final control 
techniques guidelines.

-----------------------------------------------------------------------

SUMMARY: Pursuant to section 183(e)(3)(C) of the Clean Air Act (CAA), 
EPA has determined that control technique guideline (CTG) documents 
will be substantially as effective as national regulations in reducing 
emissions of volatile organic compounds (VOC) in ozone national ambient 
air quality standard (NAAQS) nonattainment areas from the following 
Group II product categories: Lithographic printing materials, 
letterpress printing materials, flexible packaging printing materials, 
flat wood paneling coatings, and industrial cleaning solvents. EPA is 
taking final action to list these product categories pursuant to CAA 
section 183(e). Based on this determination, EPA is issuing final CTGs 
in lieu of national regulations for the control of VOC emissions from 
each of these product categories. These CTGs provide guidance to the 
States concerning EPA(s recommendations for reasonably available 
control technology (RACT)-level controls for the product categories.

DATES: This final action is effective on October 5, 2006.

ADDRESSES: EPA has established the following dockets for these actions: 
Consumer and Commercial Products, Group II--Determination to Issue 
Control Techniques Guidelines in Lieu of Regulations, Docket No. EPA-
HQ-OAR-2006-0672; Consumer and Commercial Products--Lithographic 
Printing Materials and Letterpress Printing Materials, Docket No. EPA-
HQ-OAR-2006-0536; Consumer and Commercial Products--Flexible Packaging 
Printing Materials, Docket No. EPA-HQ-OAR-2006-0537; Consumer and 
Commercial Products--Industrial Cleaning Solvents, Docket No. EPA-HQ-
OAR-2006-0535; and Consumer and Commercial Products--Flat Wood Paneling 
Coatings, Docket No. EPA-HQ-OAR-2006-0538.
    All documents in the dockets are listed on the http://www.regulations.gov
 indexes. Although listed in the indexes, some 

information is not publicly available (e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute.) Certain other materials, such as copyrighted material, 
will be publicly available only in hard copy. Publicly available docket 
materials are available either electronically through 
http://www.regulations.gov or in hard copy at Docket No. EPA-HQ-OAR-2006-0672, 

Docket No. EPA-HQ-OAR-2006-0535, Docket No. EPA-HQ-OAR-2006-0536, 
Docket No. EPA-HQ-OAR-2006-0537, and/or Docket No. EPA-HQ-OAR-2006-
0538, EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC. The public reading room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air and Radiation Docket is (202) 566-1742.


    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to visit the Public Reading Room to 
view documents. Consult EPA's Federal Register notice at 71 FR 38147 
(July 5, 2006) or the EPA Web site at http://www.epa.gov/epahome/dockets.htm
 for current information on docket operations, locations 

and telephone numbers. The Docket Center(s mailing address for U.S. 
mail and the procedure for submitting comments to 
http://www.regulations.gov are not affected by the flooding and will remain 

the same.


FOR FURTHER INFORMATION CONTACT: For information concerning the CAA 
section 183(e) consumer and commercial products program, contact Mr. 
Bruce Moore, U.S. EPA, Office of Air Quality Planning and Standards, 
Sector Policies and Programs Division, Natural Resources and Commerce 
Group (E143-03), Research Triangle Park, North Carolina 27711, 
telephone number: (919) 541-5460, fax number (919) 541-3470, e-mail 
address: moore.bruce@epa.gov. For further information on technical 
issues concerning the final determination and final CTG for 
lithographic printing materials and letterpress printing materials, 
contact: Mr. Dave Salman, U.S. EPA, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, Coatings and 
Chemicals Group (E143-01), Research Triangle Park, North Carolina 
27711, telephone number: (919) 541-0859, e-mail address: 
salman.dave@epa.gov. For further information on technical issues 

concerning the final determination and final CTG for flexible packaging 
printing materials, contact: Ms. Paula Hirtz, U.S. EPA, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
Coatings and Chemicals Group (E143-01, Research Triangle Park, North 
Carolina 27711, telephone number: (919) 541-2618, e-mail address: 
hirtz.paula@epa.gov. For further information on technical issues 

concerning the final determination and final CTG for flat wood paneling 
coatings, contact: Mr. Lynn Dail, U.S. EPA, Office of Air Quality 
Planning and Standards, Sector Policies and Programs Division, Natural 
Resources and Commerce Group (E143-03), Research Triangle Park, North 
Carolina 27711, telephone number: (919) 541-2363, e-mail address: 
dail.lynn@epa.gov. For further information on technical issues 

concerning the final determination and final CTG for industrial 
cleaning solvents, contact: Dr. Mohamed Serageldin, U.S. EPA, Office of 
Air Quality Planning and Standards, Sector Policies and Programs 
Division, Natural Resources and Commerce Group (E143-03), Research 
Triangle Park, North Carolina 27711, telephone number: (919) 541-2379, 
e-mail address: serageldin.mohamed@epa.gov.

SUPPLEMENTARY INFORMATION:
    Organization of This Document. The following outline is provided to 
aid in locating information in the preamble.


[[Page 58746]]


I. General Information
    A. Entities Potentially Affected by This Action
    B. Worldwide Web
    C. Judicial Review
II. Background Information and Final Determination
    A. The Ozone Problem
    B. Statutory and Regulatory Background
    C. Significance of Control Technique Guidelines
III. Summary of Changes to the Final CTGs
    A. Lithographic Printing Materials and Letterpress Printing 
Materials
    B. Flexible Packaging Printing Materials
    C. Industrial Cleaning Solvents
IV. Responses to Significant Comments on EPA's Decision To Take 
Final Action To List Product Categories Under CAA Section 183(e)
V. Responses to Significant Comments on EPA's Determination
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order: 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Entities Potentially Affected by This Action

    The categories and entities potentially affected by this action 
include:

------------------------------------------------------------------------
                                                    Examples of affected
           Category               NAICS code \1\          entities
------------------------------------------------------------------------
Flexible packaging printing     322221, 326112,    Facilities that use
 materials.                      322223, 3265111,   rotogravure or
                                 322224, 322225,    flexographic
                                 332999.            processes to print
                                                    materials such as
                                                    bags, pouches,
                                                    labels, liners, and
                                                    wraps using paper,
                                                    plastic film,
                                                    aluminum foil,
                                                    metalized or coated
                                                    paper or film, or
                                                    any combination of
                                                    these materials.
Lithographic printing           323110...........  Facilities engaged in
 materials.                                         lithographic
                                                    printing on
                                                    individual sheets or
                                                    continuous rolls of
                                                    substrate material.
Letterpress printing materials  323119...........  Facilities engaged in
                                                    letterpress printing
                                                    on individual sheets
                                                    or continuous rolls
                                                    of substrate
                                                    material.
Industrial cleaning solvents..  Various \2\......  Facilities using
                                                    industrial cleaning
                                                    solvents in cleaning
                                                    activities
                                                    associated with
                                                    manufacturing,
                                                    repair, and service
                                                    operations across a
                                                    wide variety of
                                                    industry sectors.
Flat wood paneling coatings...  321211, 321212,    Flat wood paneling
                                 321219, 321999.    coating facilities
                                                    that apply
                                                    protective,
                                                    decorative, or
                                                    functional material
                                                    to any interior,
                                                    exterior, or
                                                    hardboard panel
                                                    product.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ Industrial cleaning solvents are used in various manufacturing,
  repair, and service operations that span many industry sectors. A
  detailed list of affected industries and their respective NAICS codes
  are presented in the docket for the final CTG for industrial cleaning
  solvents.

B. World Wide Web (WWW)

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 

and technology exchange in various areas of air pollution control.

C. Judicial Review

    Under section 307(b)(1) of the CAA, judicial review of EPA's final 
determination is available only by filing a petition for review in the 
U.S. Court of Appeals for the District of Columbia Circuit by December 
4, 2006. Under section 307(d)(7)(B) of the CAA, only an objection to 
the final determination that was raised with reasonable specificity 
during the period for public comment can be raised during judicial 
review.

II. Background Information and Final Determination

A. The Ozone Problem

    Ground-level ozone, a major component of smog, is formed in the 
atmosphere by reactions of VOC and oxides of nitrogen in the presence 
of sunlight. The formation of ground-level ozone is a complex process 
that is affected by many variables.
    Exposure to sufficient concentrations of ground-level ozone is 
associated with a wide variety of human health effects, agricultural 
crop loss, and damage to forests and ecosystems. Acute respiratory 
symptoms can be induced by short-term exposures (observed in some 
studies at concentrations as low as 0.12 parts per million (ppm)). 
Other studies have shown effects on exercise performance 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. Other 
health effects seen in studies of ambient exposures include increased 
airway responsiveness, increased susceptibility to respiratory 
infection, increased hospital admissions and emergency room visits, and 
pulmonary inflammation. Groups at increased risk of experiencing 
elevated exposures include active children, outdoor workers, and others 
who regularly engage in outdoor activities. Those with preexisting 
respiratory disease may be more susceptible to ozone exposure. 
Currently available information also suggests that long-term exposures 
to sufficiently elevated ozone levels may cause chronic health effects 
(e.g., structural damage to lung tissue and accelerated decline in 
baseline lung function).

B. Statutory and Regulatory Background

    Under CAA section 183(e), EPA conducted a study of VOC emissions 
from the use of consumer and commercial products to assess their 
potential to contribute to levels of ozone that violate the NAAQS for 
ozone, and to establish criteria for regulating VOC emissions from 
these products. Section 183(e) of the CAA directs EPA to list for 
regulation those categories of products that account for at least 80 
percent of the VOC emissions, on a reactivity-adjusted basis, from 
consumer and commercial products in areas that violate the NAAQS for 
ozone (i.e., ozone

[[Page 58747]]

nonattainment areas), and to divide the list of categories to be 
regulated into four groups. EPA published the initial list in the 
Federal Register on March 23, 1995 (60 FR 15264). In that notice, EPA 
stated that it may amend the list of products for regulation, and the 
groups of product categories, in order to achieve an effective 
regulatory program in accordance with the Agency's discretion under CAA 
section 183(e). EPA has revised the list several times. See 70 FR 
69759, November, 17, 2005; 64 FR 13422, March 18, 1999. Most recently, 
in May 2006, EPA revised the list to add one product category, portable 
fuel containers, and to remove one product category, petroleum dry 
cleaning solvents. See 71 FR 28320, May 16, 2006. As a result of these 
revisions, Group II of the list now comprises the five product 
categories that are the subject of this action.\1\
---------------------------------------------------------------------------

    \1\ Pursuant to the Court's order in Sierra Club v. EPA, 1:01-
CV-01597-PLF (D.C. Cir., March 31, 2006), EPA must take final action 
on the product categories in Group II by September 30, 2006.
---------------------------------------------------------------------------

    Any regulations issued under section CAA 183(e) must be based on 
``best available controls'' (BAC). CAA section 183(e)(1)(A) defines BAC 
as ``the degree of emissions 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.'' CAA section 183(e) also provides 
EPA with authority to use any system or systems of regulation that EPA 
determines is the most appropriate for the product category. Under 
these provisions, EPA has previously issued ``national'' regulations 
for architectural and industrial maintenance coatings, autobody 
refinishing coatings and consumer products.\2\
---------------------------------------------------------------------------

    \2\ See 63 FR 48792 (September 11, 1998).
---------------------------------------------------------------------------

    CAA section 183(e)(3)(C) further provides that EPA may issue a CTG 
in lieu of a national regulation for a product category where the EPA 
determines that the CTG will be ``substantially as effective as 
regulations'' in reducing emissions of VOC in ozone nonattainment 
areas. The statute does not specify how EPA is to make this 
determination, but does provide a fundamental distinction between 
national regulations and CTGs. Specifically, for national regulations, 
CAA section 183(e) defines regulated entities as:

    (i) * * * manufacturers, processors, wholesale distributors, or 
importers of consumer or commercial products for sale or 
distribution in interstate commerce in the United States; or (ii) 
manufacturers, processors, wholesale distributors, or importers that 
supply the entities listed under clause (i) with such products for 
sale or distribution in interstate commerce in the United States.

    Thus, under CAA section 183(e), a regulation for consumer or 
commercial products is limited to the measures applicable to 
manufacturers, processors, distributors, or importers of the solvents, 
materials, or products supplied to the consumer or industry. CAA 
section 183(e) does not authorize EPA to issue regulations that would 
directly regulate end-users of these products. By contrast, CTG are 
guidance documents that recommend RACT measures that States can adopt 
and apply to the end users of products. This dichotomy (i.e., that EPA 
cannot directly regulate end-users under CAA section 183(e), but can 
address end-users through a CTG) created by Congress is relevant to 
EPA's evaluation of the relative merits of a national regulation versus 
a CTG.

C. Significance of Control Technique Guidelines

    CAA section 172(c)(1) provides that State implementation plans 
(SIP) for nonattainment areas must include ``reasonably available 
control measures'', including RACT, for sources of emissions. Section 
182(b)(2) provides that States must revise their ozone SIP to include 
RACT for VOC sources covered by any CTG document issued after November 
15, 1990, and prior to the date of attainment. Those ozone 
nonattainment areas that are subject to CAA section 172(c)(1) and 
submit an attainment demonstration seeking more than 5 years from the 
date of designation to attain must also meet the requirements of CAA 
section 182(b)(2) and revise their ozone SIP in response to any CTG 
issued after November 15, 1990, and prior to the date of attainment. 
Other ozone nonattainment areas subject to CAA section 172(c)(1) may 
take action in response to this guidance, as necessary to attain the 
NAAQS. For the specific requirements, see 40 CFR 51.912.
    EPA defines RACT as ``the lowest emission limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility'' (44 FR 53761, September 17, 1979). In subsequent 
Federal Register notices, EPA has addressed how States can meet the 
RACT requirements of the CAA. Significantly, RACT for a particular 
industry is determined on a case-by-case basis, considering issues of 
technological and economic feasibility.
    EPA provides States with guidance concerning what types of controls 
could constitute RACT for a given source category through issuance of a 
CTG. The recommendations in the CTG are based on available data and 
information and may not apply to a particular situation based upon the 
circumstances. States can follow the CTG and adopt State regulations to 
implement the recommendations contained therein, or they can adopt 
alternative approaches. In either event, States must submit their RACT 
rules to EPA for review and approval as part of the SIP process. EPA 
will evaluate the rules and determine, through notice and comment 
rulemaking in the SIP process, whether they meet the RACT requirements 
of the CAA and EPA's regulations. To the extent a State adopts any of 
the recommendations in a CTG into its State RACT rules, interested 
parties can raise questions and objections about the substance of the 
guidance and the appropriateness of the application of the guidance to 
a particular situation during the development of the State rules and 
EPA's SIP approval process.
    We encourage States in developing their RACT rules to consider 
carefully the facts and circumstances of the particular sources in 
their States because, as noted above, RACT is determined on a case-by-
case basis, considering issues of technological and economic 
feasibility. For example, a State may decide not to require increased 
control efficiency at facilities that are already well controlled, if 
the additional emission reductions would not be cost-effective. States 
may also want to consider reactivity-based approaches, as appropriate, 
in developing their RACT regulations.\3\ Finally, if States consider 
requiring more stringent VOC content limits than those recommended in 
the final CTGs, States may also wish to consider averaging, as 
appropriate. In general, the RACT requirement is applied on a short-
term basis up to 24 hours.\4\ However,

[[Page 58748]]

EPA guidance permits averaging times longer than 24 hours under certain 
conditions.\5\ EPA's ``Economic Incentive Policy'' \6\ provides 
guidance on use of long-term averages with regard to RACT and generally 
provides for averaging times of no greater than 30 days. Thus, if the 
appropriate conditions are present, States may consider the use of 
averaging in conjunction with more stringent limits. Because of the 
nature of averaging, however, we would expect that any State RACT Rules 
that allow for averaging also include appropriate recordkeeping and 
reporting requirements.
---------------------------------------------------------------------------

    \3\ ``Interim Guidance on Control of Volatile Organic Compounds 
in Ozone State Implementation Plans,'' 70 FR 54046 (September 13, 
2005).
    \4\ See, e.g. 52 FR 45108 (November 24, 1987), col. 2, 
``Compliance Periods.'' ``VOC rules should describe explicitly the 
compliance timeframe associated with each emission limit (e.g., 
instantaneous or daily). However, where rules are silent on 
compliance time, EPA will interpret it as instantaneous.''
    \5\ Memorandum from John O'Connor, Acting Director of the Office 
of Air Quality Planning and Standards, January 20, 1984, ``Averaging 
Times for Compliance with VOC Emission Limits-SIP Revision Policy.''
    \6\ ``Improving Air Quality with Economic Incentive Programs, 
January 2001,'' available at http://www.epa.gov/region07/programs/artd/air/policy/search.htm
.

---------------------------------------------------------------------------

    By this action, we are issuing four final CTGs that cover the five 
product categories in Group II of the CAA section 183(e) list. We have 
consolidated lithographic printing materials and letterpress printing 
materials into one CTG document. These CTGs are guidance to the States 
and provide recommendations only. A State can develop its own strategy 
for what constitutes RACT for each of the Group II product categories, 
and EPA will review that strategy in the context of the SIP process and 
determine whether it meets the RACT requirements of the CAA and its 
implementing regulations.
    Finally, CAA section 182(b)(2) provides that a CTG issued after 
1990 specify the date by which a State must submit a SIP revision in 
response to the CTG. In the final CTGs at issue here, EPA provides that 
States should submit their SIP revisions within 1 year of the date that 
the CTGs are finalized.

III. Summary of Changes to the Final CTGs

    Based on information received during the public comment period, we 
made several substantive changes to the lithographic printing materials 
and letterpress printing materials CTG and the flexible packaging 
printing materials CTG. In addition, based on public comment, we 
incorporated an option into the industrial cleaning solvents CTG on 
which we had requested comments at proposal. Although we made some 
minor clarifying changes to the flat wood paneling coatings CTG, no 
changes were made regarding EPA's recommendations concerning the nature 
or applicability of control measures for that product category. 
Significant changes are described below.

A. Lithographic Printing Materials and Letterpress Printing Materials

    Several significant changes were made to the draft CTG for offset 
lithographic printing and letterpress printing as a result of comments 
received during the comment period. Each of the changes is discussed 
briefly below.
(1) Cleaning
    The scope of the recommendations for cleaning has been clarified to 
include blanket wash, roller wash, plate cleaner, metering roller 
cleaner, impression cylinder cleaner, rubber rejuvenator and other 
cleaners used for cleaning a press, press parts or to remove dried ink 
from areas around a press; and to exclude cleaners used to clean 
electronic components of a press, cleaning in pre-press (e.g., 
platemaking) or post-press (e.g., binding) operations, use of 
janitorial supplies (e.g., detergents or floor cleaners) to clean areas 
around a press, and cleaning done in parts washers or cold cleaners. We 
also agree with commenters that in order to carry out all of these 
cleaning tasks, some cleaning materials with VOC composite greater than 
10 millimeters (mm) mercury (Hg) at 20[deg] C may be required. Many of 
the cleaning tasks that cannot be carried out with low VOC composite 
vapor pressure cleaning materials can be carried out with reduced VOC 
content cleaning materials. We have, therefore, added a recommendation 
for cleaning materials which contain 70 weight percent or less VOC. A 
small number of cleaning tasks cannot be carried out with low VOC 
composite vapor pressure cleaning materials or reduced VOC content 
cleaning materials. We have, therefore, added a recommendation to 
exclude 110 gallons per year of cleaning materials which meet neither 
the low VOC composite vapor pressure recommendation nor the lower VOC 
content recommendation.
(2) Fountain Solution
    The recommendations for fountain solution have been clarified as 
applying to the on-press (as-applied) fountain solution, not to the 
fountain solution concentrate. We also agree with commenters that for 
certain small presses, the recommended VOC (alcohol or alcohol 
substitute) content levels would yield a small emission reduction 
relative to the cost of achieving that reduction (e.g., changing and 
maintaining rollers). We have, therefore, modified our recommendations 
for fountain solution to exclude sheet-fed presses with sheet size 
11x17 inches or smaller and to exclude any press with total fountain 
solution reservoir of less than 1 gallon.
(3) Heatset Dryers
    The draft CTG recommended controlling emissions from heatset dryers 
at facilities with potential to emit from all dryers combined, prior to 
control, of at least 25 tons per year (tpy) of VOC from heatset inks 
and carryover of VOC from other materials. We agree with commenters 
that this applicability threshold is more appropriately expressed on a 
per press basis. We also believe that it is simpler and sufficient to 
make this applicability determination based solely on the emissions 
from the heatset inks. In the final CTG, we therefore recommend 
controlling emissions from each heatset dryer with potential to emit, 
prior to controls, of at least 25 tpy of VOC (petroleum ink oils) from 
heatset inks. We recommend providing printers with the option of using 
an enforceable limitation on potential emissions to keep an individual 
press below this 25 tpy potential to emit threshold. Add-on controls 
for heatset presses with potential to emit below 25 tpy may be too 
costly for the emission reduction that would be achieved. We also 
recommend excluding heatset presses used for book printing and 
excluding heatset presses with maximum web width of 22 inches or less. 
Add-on controls for such heatset presses may be too costly for the 
emission reduction that would be achieved.
    The draft CTG recommended 90 percent control device efficiency for 
control devices first installed before March 14, 1995, and 95 percent 
control device efficiency for control devices first installed on or 
after March 14, 1995. We agree with commenters that control devices 
first installed on or after March 14, 1995 may, for a variety of 
reasons, not be achieving 95 percent control device efficiency, and 
that a retroactive 95 percent control device efficiency recommendation 
for the control devices is not appropriate. In the final CTG, we 
therefore recommend that 95 percent control device efficiency for brand 
new control devices installed after the effective date of a new or 
revised State or local regulation adopted after publication of the CTG.
(4) Applicability
    The draft CTG recommended general applicability levels of 6.8 
kilograms per day (kg/day) (15 pounds per day (lb/day)) of VOC before 
consideration of controls for offset lithographic printing

[[Page 58749]]

and 6.8 kg/day (15 lb/day) of VOC before consideration of controls for 
letterpress printing. These recommended general applicability levels 
were relevant to the draft CTG recommendations for controlling 
emissions from cleaning and fountain solution.
    The draft CTG recommended higher applicability levels for 
controlling emissions from heatset dryers. The final CTG 
recommendations for controlling emissions from heatset dryers, 
including recommended applicability criteria, are presented in the 
discussion of heatset dryers above.
    The final CTG recommends these same general applicability levels 
for cleaning and fountain solution with the addition of several 
exclusions. The reasons for the recommended exclusions are presented in 
the discussions of cleaning and fountain solution above.
    The final CTG recommendations for cleaning apply to offset 
lithographic printing facilities emitting 15 lb/day or more before 
consideration of controls from all covered offset lithographic printing 
and cleaning activities at the facility with an exclusion provided for 
use of 110 gallons per year of offset lithographic cleaning materials 
which meet neither the low VOC composite vapor pressure recommendation 
nor the lower VOC content recommendation. The final CTG recommendations 
for cleaning also apply to letterpress printing facilities emitting 15 
lb/day or more before consideration of controls from all covered 
letterpress printing and cleaning activities with an exclusion provided 
for use of 110 gallons per year of letterpress cleaning materials which 
meet neither the low VOC composite vapor pressure recommendation nor 
the lower VOC content recommendation. Further, the final CTG 
recommendations for fountain solution apply to offset lithographic 
printing facilities emitting 15 lb/day or more before consideration of 
controls from all covered offset lithographic printing and cleaning 
activities at the facility with an exclusion provided for sheet-fed 
presses with sheet size 11x17 inches or smaller and an exclusion 
provided for any press with total fountain solution reservoir of less 
than 1 gallon. State and local agencies have discretion to consider 
these applicability levels, equivalent applicability levels expressed 
on a monthly basis (e.g., 450 pounds per month (lb/month)), equivalent 
applicability levels expressed on a 12-month rolling basis (e.g., 3 
tons per 12-month rolling period), or other applicability levels for 
their regulations.

B. Flexible Packaging Printing Materials

    Four significant changes were made to the draft flexible packaging 
printing CTG as a result of comments received during the comment 
period. These include: (1) Removing the recommended VOC composite vapor 
pressure limit for cleaning solvents; (2) changing the recommended 
applicability threshold for controlling VOC emissions from inks, 
coatings and adhesives from 25 tpy per facility to 25 tpy per press; 
(3) providing additional overall control efficiency recommendations 
ranging from 65 to 80 percent and changing the installation date of the 
add-on air pollution control device (APCD) from the March 1995 date to 
the effective date of state rule; and (4) changing the recommended low 
VOC compliance option limits from 0.5 kg VOC/kg solids applied and 0.10 
kg VOC/kg material applied to 0.8 kg VOC/kg solids applied and 0.16 kg 
VOC/kg material applied. Each of the changes is discussed briefly 
below.
(1) VOC Composite Vapor Pressure of Cleaning Solvents
    We removed the recommended VOC composite vapor pressure limit for 
cleaning solvents. This change was made based on additional information 
provided by the commenters related to the vapor pressure of cleaning 
solvents typically used in the industry that have vapor pressures above 
the suggested 25 mm Hg (20[deg] C) limit and for which material 
substitution is not feasible. Within the industry, there are controlled 
cleaning operations where cleaning is automated, enclosed, and vented 
to an APCD, and vapor pressure limits are not necessary. Use of 
recycled solvents for cleaning is also typical in the industry; solvent 
mixture components and the corresponding vapor pressure vary 
frequently. EPA supports industry's use of recycled solvents for 
cleaning and supports minimal usage of effective solvents and 
accordingly, for this additional reason, we have removed the vapor 
pressure limit. The recommendations for cleaning operations in the 
final CTG include the work practice recommendations from the draft CTG.
(2) Applicability Threshold for Controlling Emissions From Inks, 
Coatings, and Adhesives
    We changed the recommended 25 tpy per facility VOC applicability 
threshold for controlling ink, coating and adhesive emissions to 25 tpy 
per press. As suggested by several commenters, EPA has reevaluated this 
threshold. Rather than basing the annual threshold on all printing 
operations at the facility, the recommended applicability threshold has 
been revised to apply to each press. We believe an applicability 
threshold for control of these emissions on a press-by-press basis is 
the most appropriate way to assess the reasonableness of controlling 
emissions from inks, coatings and adhesives.
    We have not changed the recommended general applicability level of 
6.8 kg/day (15 lb/day) of VOC before consideration of controls for 
flexible packaging printing. This recommended general applicability 
level is relevant only to the recommendations for controlling emissions 
from cleaning.
    The final CTG work practice recommendations for cleaning apply to 
flexible packaging printing facilities emitting 15 lb/day or more 
actual emissions before consideration of controls from all covered 
flexible packaging printing and cleaning activities at the facility. 
Since work practices are carried out on a facility-wide basis, we 
believe it is most appropriate for the applicability of work practices 
to be determined on a facility-wide basis. State and local agencies 
have discretion to consider this recommended applicability level, an 
equivalent applicability level expressed on a monthly basis (e.g., 450 
lb/month), an equivalent applicability level expressed on a 12-month 
rolling basis (e.g., 3 tons per 12-month rolling period), or other 
applicability levels for the cleaning requirements in their 
regulations.
(3) Control Efficiency Recommendations
    We provided additional overall control efficiency recommendations 
ranging from 65 to 80 percent and changed the installation date of the 
APCD from the March 1995 date to the effective date of an applicable 
State rule. The recommendations in the draft CTG included control 
levels based on the installation date of the press. These control 
levels included overall control levels that reflected increased capture 
efficiencies and increased control device efficiencies. The commenters' 
concern that new presses may be installed at a facility but may be 
vented to existing control devices is valid, and EPA agrees that 
additional consideration be made regarding the installation date of the 
APCD. EPA has added recommendations for control levels related to the 
add-on APCD installation date that are based on new control devices 
installed after the effective date of the State RACT rule.

[[Page 58750]]

(4) Low VOC Compliance Option
    We changed the recommended low VOC compliance option limits of 0.5 
kg VOC/kg solids applied to 0.8 kg VOC/kg solids applied and 0.10 kg 
VOC/kg material applied to 0.16 kg VOC/kg material applied. EPA 
reanalyzed these limits based on comments and revised the recommended 
limits to more readily reflect the overall control efficiency 
recommendations in the final CTG.

C. Industrial Cleaning Solvents

    In the draft industrial cleaning solvents CTG, we had solicited 
comments on possible use of a composite vapor pressure limit (for 
example, 8 mmHg at 20[deg] C) either as: (1) A replacement for 50 g/l 
VOC content limit entirely; or (2) an alternative limit that may be 
used in lieu of the 50 g/l VOC content limit for specific operations as 
determined by the State or local agency. We included in the final CTG 
the vapor pressure limit of 8 mm Hg at 20[deg] C for cleaning solvents 
as an additional control option for the States to consider. This change 
was made based on comments received indicating that a number of States 
have used low vapor pressure cleaning solvents as a means of 
controlling cleaning emissions when aqueous solvents could not be used. 
Also, this vapor pressure limit would allow the use of higher VOC 
content solvents for specific cleaning applications.

IV. Responses to Significant Comments on EPA's Decision To Take Final 
Action To List Product Categories Under CAA Section 183(e)

    A few commenters on the proposal questioned whether certain product 
categories are properly on the CAA section 183(e) list of products for 
regulation. As EPA has stated in the past, the list of products for 
regulation is not itself a final Agency action and it is, therefore, 
appropriate to comment upon the inclusion of the product category on 
the list at the time EPA takes action to address the product, whether 
through issuance of a national regulation or through issuance of a CTG. 
However, the issues raised by the commenters concerned whether EPA had 
erred by including the product on the list of product categories for 
regulation because of incorrect estimates of the total amount of VOC 
emissions from the product category at the time of the initial listing 
exercise or subsequently.
    As explained in more detail in the Response to Comments document 
for this action, EPA believes that these products are appropriate for 
regulation under CAA section 183(e). The Agency based the listing on 
reasonable estimates of the total VOC emissions as of the base year. 
The total VOC emissions were only one factor that EPA considered in the 
initial listing decision. Even if the Agency overestimated the total 
VOC emissions from this category, that would not alter the Agency's 
decision that this category is suitable for regulation, and would only 
affect whether EPA has identified sufficient categories to list those 
that emitted at least 80 percent of the VOC emissions as required by 
the statute. EPA believes that the overarching purpose of CAA section 
183(e) is to achieve reasonable VOC emission reductions from consumer 
and commercial products because of their aggregate impact on ozone 
nonattainment. Thus, the statute contemplates that EPA will regulate 
many categories of products, including some that might be relatively 
small components of the emissions inventory.

V. Responses to Significant Comments on EPA's Determination

    With the exception of one commenter, every other commenter that 
addressed EPA's proposed CAA section 183(e)(3)(C) determination that 
CTGs will be substantially as effective as national regulations in 
reducing emissions of VOC in ozone nonattainment areas from the five 
Group II consumer and commercial product categories agreed with the 
determination. Two commenters stated that the CTG approach provides 
flexibility to local air quality districts and enables them to more 
readily address local air quality issues. One commenter supported EPA's 
decision to issue CTGs rather than promulgating national rules, and 
agreed that the CTG approach will result in additional VOC emission 
reductions over the rule approach. Another commenter further stated 
that the proposed CTGs utilize cost effective approaches to VOC control 
that will help States achieve the ambient ozone standards. EPA 
appreciates the commenters' support of its CAA section 183(e)(3)(C) 
determination.
    One commenter disagreed with the proposed CTG approach, stating, 
``a national rule designed to limit potential VOC emissions from 
industrial solvents is preferred, given that such a rule would not 
impose direct regulatory burdens on end users such as dealerships.''
    The commenter explained that automobile dealerships use solvents 
for: (1) Parts cleaners, in conjunction with mechanical service and 
repair; (2) surface preparation, in conjunction with autobody repair; 
(3) spray gun cleaning, in conjunction with autobody refinishing; and 
(4) various spray applications using refillable or non-refillable 
containers, in conjunction with mechanical service and repair and 
autobody operations.
    In further support for its position that EPA should pursue a 
rulemaking for industrial solvents, the commenter stated that ``EPA 
presently is considering automobile refinish air toxics controls that 
may impact the use of surface preparation and gun cleaning solvents,'' 
used by automobile and truck dealerships. The commenter suggested that 
before moving forward with a CTG that covers, among other things, 
controls VOC emissions from autobody cleaning solvents, EPA should 
review potential controls under consideration in the air toxics 
proceeding. The commenter further stated that if EPA regulates 
automobile refinish cleaning solvents, a national rule should be used 
to regulate the VOC content of the cleaning solvents themselves, 
thereby avoiding any unnecessary and burdensome regulation of end 
users.
    In summary, the commenter urged EPA to issue a national rule that: 
(1) Only regulates parts cleaner solvent formulations with greater than 
5 percent VOC, by weight; and
    (2) sets a composite vapor pressure limit of 8 mm Hg for such 
solvent formulations.
    We disagree with the commenter. The commenter's primary argument 
supporting a national rule regulating the VOC content of cleaning 
solvents is that a national rule ``would not impose direct regulatory 
burdens on end users such as dealerships.'' The commenter is correct 
that a regulation issued pursuant to section 183(e) would not regulate 
end-users because such entities do not qualify as ``regulated 
entities'' within the meaning of section 183(e)(1)(C). The burden on 
the end-user is, however, not the test for evaluating the 
reasonableness of EPA's proposed section 183(e)(3)(C) determination 
that CTGs will be substantially as effective as regulations in reducing 
VOC emissions in ozone nonattainment areas from the five Group II 
product categories. Were that the case, EPA could never pursue the CTG 
approach, which is expressly contemplated by section 183(e)(3)(C), 
because CTGs apply to end-users.
    As explained in the proposed rule, the statute does not specify how 
EPA is to make the determination under section 183(e)(3)(C) that a CTG 
will be substantially as effective as a national rule in reducing VOC 
emissions in ozone nonattainment areas. EPA,

[[Page 58751]]

therefore, has discretion in identifying factors relevant to making 
this determination. EPA identified in the proposed rule several factors 
that it considered in making its proposed section 183(e)(3)(C) 
determination. The commenter neither references these factors, nor 
challenges EPA's application of the factors to the Group II product 
categories. Although the commenter suggests requirements for a national 
rule, it does not address the arguments presented in the proposal, 
explaining why regulation of solvent manufacturers is not effective in 
reducing VOC emissions. The commenter's blanket assertion that it would 
prefer an approach that does not result in a ``direct regulatory burden 
on end-users'' does not constitute a basis for changing EPA's 
determination regarding the five Group II product categories.
    Furthermore, the commenter's concern that the CTG results in a 
``direct regulatory burden'' mischaracterizes the nature of a CTG. A 
CTG is a guidance document that provides recommendations to State and 
local pollution control agencies to consider in determining RACT for a 
particular product category. As explained in the proposal and in the 
draft CTGs, State and local pollution control agencies are not required 
to follow EPA's RACT recommendations contained in the CTG. Instead, 
they are free to implement other technically-sound approaches that are 
consistent with the CAA and its implementing regulations. Thus, it is 
not the CTG itself that has the direct regulatory burden, but rather it 
is the regulations that States may develop in response to the CTG that 
might impose any such burden. To the extent a State adopts any of the 
recommendations in the CTG, interested parties can always raise 
questions and objections about the substance of the CTG during the 
development of the State rules or during EPA's SIP approval process, 
both of which provide for public notice and comment. The commenter's 
assertion that the CTG imposes direct regulatory burdens is thus 
misplaced.
    Finally, that EPA, in the future, intends to develop an air toxics 
rule for automobile refinishing provides no basis for changing our 
determination that CTGs for the Group II product categories will be 
substantially as effective at reducing VOC emissions in ozone 
nonattainment areas as national regulations. EPA assumes that the 
commenter is referring to the area source automobile refinishing 
category that is currently listed pursuant to section 112(c)(3), but it 
is not entirely clear from the comment the precise ``air toxics'' rule 
to which the commenter is referring. EPA has not yet proposed a rule 
under CAA section 112 for automobile refinishing. A future rule 
addressing hazardous air pollutants does not provide a basis for 
reversing the proposed section 183(e)(3)(C) determination. Moreover, to 
the extent an interested facility is concerned about a potentially 
duplicative regulatory requirement, it can raise that issue during the 
State RACT rulemaking process, as States have discretion to make their 
own determination as to what constitutes RACT in their particular 
nonattainment area based on the facts and circumstances of the 
category. EPA will review that determination in the SIP approval 
process.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether a regulatory action is ``significant'' 
and, therefore, subject to Office of Management and Budget (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.
    OMB has determined that this action is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 (58 FR 
51735, October 4, 1993) and is therefore not subject to review under 
the Executive Order.

B. Paperwork Reduction Act

    This action does not contain any information collection 
requirements and therefore is not subject to the Paperwork Reduction 
Act (44 U.S.C. 3501 et seq.).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district, or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this final action on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities because it 
imposes no regulatory requirements. In this notice, EPA is taking final 
action to list the five Group II consumer and commercial product 
categories for purposes of CAA section 183(e). This listing action 
alone does not impose any regulatory requirements. In this notice, EPA 
is also taking final action on its determination that a CTG will be 
substantially as effective as a national regulation in achieving VOC 
emission reductions in ozone nonattainment areas from the five Group II 
product categories. In the determination, EPA has concluded that it is 
not appropriate to issue Federal regulations under CAA section 183(e) 
to regulate VOC emissions from the five Group II product categories. 
Instead, EPA has concluded that it is appropriate to issue guidance in 
the form of CTGs that provide recommendations to States concerning 
potential methods to achieve needed VOC emission reductions in ozone 
nonattainment areas from the Group II product categories. This 
determination does not impose any regulatory requirements.
    In addition to today's final action, EPA is issuing CTGs for the 
five Group II product categories. The CTGs are guidance and thus the 
requirements of the RFA do not apply. In any event, EPA does not 
directly regulate any small entities through the issuance of a CTG.

[[Page 58752]]

EPA issues CTGs to provide States guidance in developing their own 
regulations for obtaining VOC emission reductions from affected sources 
within certain nonattainment areas. EPA's issuance of a CTG does 
trigger an obligation on the part of the States to issue State 
regulations, but States are not obligated to issue regulations that 
adopt the recommendations in the Agency's CTG. States may follow the 
recommendations provided in the CTG or they can adopt other 
technically-sound approaches that are consistent with the CAA and EPA's 
implementing regulations. The ultimate determination of whether a State 
regulation meets the RACT requirements of the CAA is determined through 
notice and comment rulemaking in the Agency's action on each State's 
SIP. Thus, States retain discretion in determining to what degree to 
follow the RACT recommendations contained in the CTGs.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) (UMRA), establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under UMRA section 202, 2 U.S.C. 
1532, EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with a ``Federal 
mandate'' that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any one year.
    A ``Federal mandate'' is defined under section 421(6), 2 U.S.C. 
658(6), to include a ``Federal intergovernmental mandate'' and a 
``Federal private sector mandate.'' A ``Federal intergovernmental 
mandate,'' in turn, is defined to include a regulation that ``would 
impose an enforceable duty upon State, local, or tribal governments,'' 
section 421(5)(A)(i), 2 U.S.C. 658(5)(A)(i), except for, among other 
things, a duty that is ``a condition of Federal assistance,'' section 
421(5)(A)(i)(I). A ``Federal private sector mandate'' includes a 
regulation that ``would impose an enforceable duty upon the private 
sector,'' with certain exceptions, section 421(7)(A), 2 U.S.C. 
658(7)(A).
    EPA has determined that the listing action and the final 
determination that a CTG will be substantially as effective as a 
regulation for the Group II product categories do not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, or tribal governments, in the aggregate, or the private 
sector in any one year. Thus, this final action is not subject to the 
requirements of sections 202 and 205 of the UMRA. In addition, we have 
determined that the listing action and the final determination contain 
no regulatory requirements that might significantly or uniquely affect 
small governments because they contain no regulatory requirements that 
apply to such governments or impose obligations upon them. Therefore, 
this action is not subject to the requirements of section 203 of UMRA.
    As noted above, the CTGs for the Group II product categories are 
guidance and thus the requirements of the UMRA do not apply. The CTGs 
do not impose any legally binding requirements on any entity and 
consequently do not contain a Federal mandate that may result in 
expenditures of $100 million or more for State, local, or tribal 
governments, in the aggregate, or the private sector in any one year.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    The listing action, the final determination that CTGs are 
substantially as effective as regulations for these product categories, 
and the final CTGs do not have federalism implications. They do not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The CAA establishes the 
relationship between the Federal Government and the States, and this 
action does not impact that relationship. Thus, Executive Order 13132 
does not apply to the final determination and final CTGs.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.''
    The listing action, the final determination that CTGs will be 
substantially as effective as regulations to achieve VOC emission 
reductions from these product categories, and the final CTGs do not 
have tribal implications as defined by Executive Order 13175. They do 
not have a substantial direct effect on one or more Indian tribes, in 
that the listing action, the final determination, and the final CTGs 
impose no regulatory burdens on tribes. Furthermore, the listing 
action, the final determination, and the final CTGs do not affect the 
relationship or distribution of power and responsibilities between the 
Federal government and Indian tribes. The CAA and the Tribal Authority 
Rule establish the relationship of the Federal government and tribes in 
implementing the CAA. Because listing action, the final determination, 
and the final CTGs do not have tribal implications, Executive Order 
13175 does not apply.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, Section 5-501 of the Executive Order directs the Agency 
to 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 Agency.
    The listing action, the final determination, and the final CTGs are 
not subject to Executive Order 13045 because they are not economically 
significant regulatory actions as defined by Executive Order 12866. In 
addition, EPA interprets Executive Order 13045 as applying only to 
those regulatory actions that are based on health and safety risks, 
such that the analysis required under section 5-501 of the Executive 
Order has the potential to influence the regulations. The listing 
action, the final determination, and the final CTGs are not subject to 
Executive

[[Page 58753]]

Order 13045 because they do not include regulatory requirements based 
on health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This final action is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy; 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it 
is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law No. 104-113; Section 12(d), 15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards (VCS) in 
their regulatory and procurement activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. VOC are 
technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. NTTAA directs EPA to provide Congress, 
through annual reports to OMB, with explanations when an agency does 
not use available and applicable VCS.
    The listing action, the final determination that CTGs will be 
substantially as effective as regulations to achieve VOC emission 
reductions, and the final CTGs do not involve technical standards and 
therefore the NTTAA does not apply.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations,'' provides 
for Federal agencies to consider the impact of programs, policies, and 
activities on minority populations and low-income populations, 
including tribes.
    EPA believes that the listing action, the final determination, and 
the final CTGs should not raise any environmental justice issues. The 
purpose of section 183(e) is to obtain VOC emission reductions to 
assist in the attainment of the ozone NAAQS. The health and 
environmental risks associated with ozone were considered in the 
establishment of the ozone NAAQS. The level is designed to be 
protective of the public with an adequate margin of safety. EPA's 
listing of the products, determination that CTGs are substantially as 
effective as regulations, and final CTGs, are actions intended to help 
States achieve the NAAQS in the most appropriate fashion.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, 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. EPA will submit a report containing this notice and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the notice in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. The final action is not a ``major rule'' as defined by 5 
U.S.C. 804(2). The final rule will be effective October 5, 2006.

List of Subjects in 40 CFR Part 59

    Environmental protection, Air pollution control, Confidential 
business information, Labeling, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: September 29, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 59 of 
the Code of Federal Regulations is amended as follows:

PART 59--[AMENDED]

0
1. The authority citation for 40 CFR part 59 continues to read as 
follows:

    Authority: 42 U.S.C. 7511b(e).


0
2. Subpart A is added to read as follows:

Subpart A--General


Sec.  59.1  Final determinations under section 183(e)(3)(C) of the 
Clean Air Act.

    This section identifies the consumer and commercial product 
categories for which EPA has determined that control technique 
guidelines (CTGs) will be substantially as effective as regulations in 
reducing volatile organic compound (VOC) emissions in ozone 
nonattainment areas:
    (a) Wood furniture coatings;
    (b) Aerospace coatings;
    (c) Shipbuilding and repair coatings;
    (d) Lithographic printing materials;
    (e) Letterpress printing materials;
    (f) Flexible packaging printing materials;
    (g) Flat wood paneling coatings; and
    (h) Industrial cleaning solvents.

[FR Doc. E6-16485 Filed 10-4-06; 8:45 am]

BILLING CODE 6560-50-P
