15268 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

Group I includes product categories

some of which have regulatory activities

(rules or guidelines) already underway.

The remaining categories are divided

among Groups II, III, and IV according

to numerical rank. ‘‘Consumer products

(24 categories)’’ represent an aggregation

of two dozen individual household,

personal care, and automotive products

which are currently regulated in one or

more States. They are products used in

home, office, institutional, or similar

settings. In order to achieve VOC

reductions required under their State

Implementation Plan (SIP), many States

have declared intentions to develop

rules to reduce VOC emissions from

these particular categories as part of

their attainment plans. The EPA has

scheduled these categories for

regulation as part of Group I.

With one exception, all the other

categories in Group I received relatively

high numerical scores in the

preliminary ranking. The one exception

is shipbuilding and repair coatings,

which are included in Group I despite

a lower numerical score because a CTG

for this category is currently under

development pursuant to section 183(a)

of the CAA. Under section 183(e)(3)(C),

the Administrator may issue CTG in lieu

of regulations if it is determined that a

CTG will be substantially as effective in

reducing VOC emissions. As a CTG is

developed, the EPA will assess the

projected emission reductions to make

this determination. The EPA believes

that the issuance of a CTG for

shipbuilding and repair coatings to

satisfy the requirements of both sections

183(a) and 183(e) would promote

regulatory efficiency. Two other

categories in Group I for which CTG are

being developed are aerospace coatings

and wood furniture coatings. As with

the shipbuilding and repair coatings

CTG, determinations will be made as to

whether these CTG satisfy the

requirements of section 183(e)(3)(c).

While the regulatory schedule

presented in today’s notice includes

product categories that account for 80

percent of VOC emissions in

nonattainment areas, as directed in the

CAA, the EPA recognizes that the list of

product categories included may need

to be amended as regulatory

development proceeds or as new

information becomes available.

As individual products and categories

are further assessed and comments are

submitted during the rulemaking

process, the EPA’s evaluation of the

criteria as applied to each category may

change. For example, Criterion 6, costeffectiveness of controls, reflects the

emphasis Congress placed on

identifying ‘‘(t)hose consumer and

commercial products which are subject

to the most cost-effective controls.’’

(Section 183(e)(2)(B)(iv)). However, the

EPA had relatively limited data on the

cost-effectiveness of control for most

products. As the EPA moves forward in

implementing the emission limitations

required by section 183(e), it will

reevaluate and reassess the ranking and

schedule for regulation based on

additional information developed on

cost-effectiveness.

As a result, categories may be

removed from the list, and remaining

unlisted categories may be considered

for listing. Table 2 shows significant

categories within the scope of section

183(e) which are not being listed at this

time for regulation. Any changes made

to the consumer and commercial

products regulatory schedule will be

published in the Federal Register.

TABLE 2.—SIGNIFICANT CATEGORIES

OUTSIDE 80 PERCENT

Baseline

emissions

(Mg/yr)

Agricultural pesticides ................. 25,050

Rotogravure publication printing

materials .................................. 18,182

Nonautomotive paint thinners ..... 9,055

Cutback asphalt paving materials .......................................... 116,727

Synthetic fiber spinning solvents 42,000

Metal cleaning (degreasing) solvents ........................................ 32,727

Fabric printing, coating, and dyeing materials ............................ 42,000

Metal can coatings ..................... 40,909

Tire manufacturing cements ....... 24,000

Magnetic tape coatings .............. 5,000

Metal coil coatings ...................... 19,636

Roofing materials ........................ 16,840

Magnet wire coatings ................. 7,407

Mold release agents ................... 68,545

Remaining consumer products ... 154,714

IV. Administrative Requirements

A. Docket

The docket is an organized file of

information considered by the EPA in

the development of an action. Although

this action is not a rulemaking, a docket

has been established for the consumer

and commercial product study and

subsequent product category list and

schedule for regulation. The docket

number is A–94–65. The purpose of this

docket is to allow interested parties a

means to access relevant documents not

otherwise available. In addition, the

public may submit to the docket

information or comments regarding

today’s notice and the Report to

Congress. The docket may be inspected

at the EPA’s Air and Radiation Docket

and Information Center, listed in the

ADDRESSES section of this notice.

B. Regulatory Requirements

1. General

Because today’s notice is not a

rulemaking, the EPA has not prepared

an assessment of the potential costs and

benefits pursuant to Executive Order

12866, nor an economic impact analysis

pursuant to section 317, nor a regulatory

flexibility analysis pursuant to the

Regulatory Flexibility Act (Pub. L. 96–

354, September 19, 1980). Also, this

notice is not subject to the Paperwork

Reduction Act of 1990, 44 U.S.C. 3501

et seq.

2. Executive Order and Office of

Management and Budget Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the EPA must

determine whether regulatory actions

are 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 lead to a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely and materially affect 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

obligation 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.

Pursuant to the terms of the Executive

Order, OMB has notified the EPA that

it considers this a ‘‘significant

regulatory action’’ within the meaning

of the Executive Order because it is

likely to lead to rules which may meet

one or more of the criteria. The EPA has

submitted this action to OMB for

review. Changes made in response to

OMB suggestions or recommendations

will be documented in the public

record.

Dated: March 15, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95–7198 Filed 3–22–95; 8:45 am]

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