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-OAR2010-0319 by one of the following methods:

A. www.regulations.gov. Follow the on-line instructions for submitting comments.

B. E-mail: 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, 
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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. 
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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 email at 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-
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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 
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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 
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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 
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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).
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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.