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 R egulations

AGENCY : Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a State I mple mentation Plan (SI P) revision submitted by

the Commonwealth of Pennsylvania concerning amendments to the Pennsylvania Consumer Products and Architectural and Industrial M aintenance Coatings Regulations. The revision amends 25 Pa. Code Chapter 130, Subchapters B and C ( relating to consumer products and architectural and industrial maintenance (AI M) 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 day s from date of publication ]. ADDRESSES: Submit y our comments, identified by D ocket I D Number EPA - R03 - OAR 2010 - 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 I II, 1650 Arch Street,2

Philadelphia, Pennsylvania 19103. D. Hand Delivery : At the previously
- listed EPA Region I II 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 y our 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 include s information claimed to be Confidential Business In formation (CBI ) or other information whose disclosure is restricted by statute. Do not submit information that y ou consider to be CBIor otherwise protected through www.regulations.gov or e - mail. The www .regulations.gov website is an “ anony mous access ” sy stem, which means EPA will not know y our identity or contact information unless y ou provide it in the body of y our comment. I f y ou send an e
- mail comment directl y to EPA without going through www.regulat ions.gov , y our 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 I nternet. I f y ou submit an electronic comment, EPA recommends that y ou include y our name and oth er contact information in the body

of y our comment and with any disk or CD
- ROM y ou submit. I f EPA cannot read y our comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider y our comment. Electronic fi les should avoid the use of special characters, any

form of encry

ption, and be free of any

defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index.3

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 copy righted material, is not placed on the Internet and will be publicly available only

in hard copy

form. Publicly availabl e 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 I II, 1650 Arch Street, Philadelphia, Pennsylvania 19103
. Copies of the State submittal are available at the Pennsy lvania 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 , (2 15) 814
- 2 036 , or by e mail at becoat.gregory @epa.gov
. SUPPLEMENTARY INFORMATION: I. Background On March 11 , 2009 , the Pennsy lvania Department of Environmental Protection ( PADEP ) submitted a revision to i ts SI P for amendment s to 25 Pa. Code Chapter 130, Subchapters B and C ( relating to consumer products and AI M coatings )
. This SI P revision amends 25 Pa. Code Chapter 130, Subchapters B by adding VOC content limits for an additional 11 categories of
consume r 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
-4

volatile organic compound” is added to Subchapter B.
The SI P revision changes the definition of the term “VOC

– volatile organic compound” in Subcha pter C (relating to AI M 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 ava ilable as tools to reduce ozone formation.
The standards and r equirements contained in Pennsylvania’s consumer products rule are consistent with the Ozone Transport Commission (OTC) model rule
. The OT C consumer products model rule was based on the existing rules developed by the California Air Resources Board, which were analy

zed and modified by

the OTC workgroup to address VOC reduction needs in the Ozone Transport Region (OTR). Implementing this rule will result in SI P emission reductions in VOC to support the attainment demonstrations, and reductions in ground
- le vel ozone in other areas of the OTR.
II. Summary of SIP Revision This SI P revision consist s of the following amendments : 1. A dds and/or amends definitions, terms , and sections in 25 Pa. Code Chapter 130, Subchapter s B and C for clarity , sty le, forma t , and consisten cy with the OTC Model Rule and Federal definitions
. 2. A dds 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 California5

regula tory

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 pro ducts 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 th e Commonwealth of Pennsy lvania , 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 adhesive s, ( 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) p roducts registered under FI FRA, (4) air fresheners, (5) adhesives, (6) bait station insecticides, and (7) fragrances. 6. Establishes under 25 Pa. Code Chapter 130, Subch apter B, applicability for ACP s for consumer products and c riteria for innovative prod ucts exemption and requirements for waiver requests . The rule also contains grounds for requesting a variance, as well as applicability for ACP s for consumer products. ACP s for consumer products are provided by allowing responsible parties the option to voluntarily enter into separate ACP agreements for the consumer products6

mentioned above. Inaddition, the rule contains the following administrative requirements : (1) product dating, (2) most restrictive limit, (3) labeling, and (4) recordkeeping and rep orting , 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 Commonwea lth of Pennsy lvania’ 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 SI P revision requirements of the CAA and is proposing to approve the amendment s to Pennsy lvania’s Consumer Products and AI M 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 SI P submi ssion that complies with the provisions of the Act and applicable Federal r egulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, i n reviewing SI P 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 additional7

requirements bey ond those imposed by state law. For that reason, this proposed action:

 is not a "significant regulatory acti on” 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 desc ribed in the Unfunded Mandates Reform Act of 1995 (Public L aw 104
- 4) ;
 d oes 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 Transfe r 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).8

Inaddition, this proposed rule , pertaining to Pennsy lvania ’s amendment to 25 Pa. Code Chapter 130, Subchapters B and C (relating to Pennsylvania’s Consumer Products and AI M Coatings Regulations) , does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SI P is not approved to apply in I ndian country

located in th e 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 requiremen ts, V olatile organic compounds. Authority: 42 U.S.C. 7401 et seq . June 7, 2010

___________ /s/

______________ Dat ed: W. C. Early , Acting Regional Administrator, Region I II.