	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2010-0319; FRL-        ] 

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 

Amendment to Consumer Products and Architectural and Industrial
Maintenance Coatings Regulations

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania concerning
amendments to the Pennsylvania Consumer Products and Architectural and
Industrial Maintenance Coatings Regulations.  The revision amends 25 Pa.
Code Chapter 130, Subchapters B and C (relating to consumer products and
architectural and industrial maintenance (AIM) coatings) in order to
reduce volatile organic compounds (VOCs).  This action is being taken
under the Clean Air Act (CAA).

DATES: Written comments must be received on or before [insert date 30
days from date of publication].  

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2010-0319 by one of the following methods:

A.    HYPERLINK "http://www.regulations.gov"  www.regulations.gov . 
Follow the on-line instructions for submitting comments.

B.  E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
fernandez.cristina@epa.gov 

C.  Mail:  EPA-R03-OAR-2010-0319, Cristina Fernandez, Office of Air
Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

D.  Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket’s normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.



Instructions:  Direct your comments to Docket ID No.
EPA-R03-OAR-2010-0319.  EPA's policy is that all comments received will
be included in the public docket without change, and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov or
e-mail.  The www.regulations.gov website is an “anonymous access”
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.  Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:  Gregory Becoat, (215) 814-2036, or by
e-mail at   HYPERLINK "mailto:becoat.gregory@epa.gov" 
becoat.gregory@epa.gov .

SUPPLEMENTARY INFORMATION:  

I.  Background 

On March 11, 2009, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a revision to its SIP for amendments to 25
Pa. Code Chapter 130, Subchapters B and C (relating to consumer products
and AIM coatings).  This SIP revision amends 25 Pa. Code Chapter 130,
Subchapters B by adding VOC content limits for an additional 11
categories of consumer products and revising the VOC content limits for
one category of consumer products currently regulated.   The revision
also adds definitions for approximately 30 new terms, including those
that relate to the newly regulated product categories and amends
definitions for approximately 75 existing terms in order to provide
clarity.  Additionally, the term “VOC-volatile organic compound” is
added to Subchapter B. 

The SIP revision changes the definition of the term “VOC – volatile
organic compound” in Subchapter C (relating to AIM coatings) to mirror
the definition of the term in 25 Pa. Code Chapter 121 (relating to
definitions).  This revision will make the most currently VOC exempt
compounds available as tools to reduce ozone formation.

The standards and requirements contained in Pennsylvania’s consumer
products rule are consistent with the Ozone Transport Commission (OTC)
model rule.  The OTC consumer products model rule was based on the
existing rules developed by the California Air Resources Board, which
were analyzed and modified by the OTC workgroup to address VOC reduction
needs in the Ozone Transport Region (OTR).  Implementing this rule will
result in SIP emission reductions in VOC to support the attainment
demonstrations, and reductions in ground-level ozone in other areas of
the OTR.  

II.   Summary of SIP Revision

This SIP revision consists of the following amendments: 

1.  Adds and/or amends definitions, terms, and sections in 25 Pa. Code
Chapter 130, Subchapters B and C for clarity, style, format, and
consistency with the OTC Model Rule and Federal definitions.  

2.  Adds and/or amends sections in 25 Pa. Code Chapter 130, Subchapter B
in order to incorporate future changes in test procedures, delete an
unnecessary reference to a California regulatory provision, delete and
move definitions and terms, allow for the sell-through of product
manufactured prior to applicable effective dates, update the product
dating, establish the lowest applicable VOC limit requirements, require
additional information on product containers, and establish requirements
for a variance or alternative control plan (ACP).

3.  Establishes under 25 Pa. Code Chapter 130, Subchapter B,
applicability to any person who sells, supplies, offers for sale, or
manufactures consumer products on and after applicable compliance dates.
 

4.  Establishes under 25 Pa. Code Chapter 130, Subchapter B, the
percentage of VOC by weight that cannot be exceeded for consumer
products that are sold, supplied, offered for sale or manufactured for
sale in the Commonwealth of Pennsylvania, and lists exemptions from the
VOC limits.  The rule also contains requirements for the following: (1)
products registered under FIFRA, (2) products requiring dilution, (3)
sell-through of products, (4) aerosols adhesives, (5) charcoal lighter
materials, and (6) floor wax strippers.

5.  Establishes under 25 Pa. Code Chapter 130, Subchapter B, exemptions
for the following: (1) products for shipment and use outside the
Commonwealth, (2) antiperspirants and deodorants, (3) products
registered under FIFRA, (4) air fresheners, (5) adhesives, (6) bait
station insecticides, and (7) fragrances.

6.  Establishes under 25 Pa. Code Chapter 130, Subchapter B,
applicability for ACPs for consumer products and criteria for innovative
products exemption and requirements for waiver requests.  The rule also
contains grounds for requesting a variance, as well as applicability for
ACPs for consumer products.  ACPs for consumer products are provided by
allowing responsible parties the option to voluntarily enter into
separate ACP agreements for the consumer products mentioned above.  In
addition, the rule contains the following administrative requirements:
(1) product dating, (2) most restrictive limit, (3) labeling, and (4)
recordkeeping and reporting, as well as test methods for demonstrating
compliance. 

7.  Establishes under 25 Pa. Code Chapter 130, Subchapter C, the meaning
of ''VOC – volatile organic compound,'' unless the context clearly
indicates otherwise.

Further details of the Commonwealth of Pennsylvania’s regulation
revisions can be found in a Technical Support Document prepared for this
proposed rulemaking action.  

III.   Proposed Action

EPA has determined that the revisions made to 25 Pa. Code Chapter 130,
Subchapters B and C meet the SIP revision requirements of the CAA and is
proposing to approve the amendments to Pennsylvania’s Consumer
Products and AIM Coatings Regulations.  This revision will result in the
reduction of VOC emissions in the Commonwealth of Pennsylvania.  EPA is
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action. 

IV. Statutory and Executive Order Reviews   

Under the Clean Air Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations.  42 U.S.C. 7410(k);  40 CFR 52.02(a).  Thus, in
reviewing SIP submissions, EPA’s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law.  For that reason, this proposed action:

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);  

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);  

does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997); 

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355, May 22, 2001); 

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with the
Clean Air Act; and 

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule, pertaining to Pennsylvania’s
amendment to 25 Pa. Code Chapter 130, Subchapters B and C (relating to
Pennsylvania’s Consumer Products and AIM Coatings Regulations), does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because the SIP is not approved to apply in
Indian country located in the state, and EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.

List of Subjects in 40 CFR Part 52  

Environmental protection, Air pollution control, Ozone, Reporting, and
recordkeeping requirements, Volatile organic compounds.



Authority: 42 U.S.C. 7401 et seq.

                                                                        
           

      June 7, 2010                                                      
   ___________/s/______________

Dated:                                                     		W. C.
Early, Acting

                                                                 	
Regional Administrator,

                                                                 	
Region III.

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