Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Notices 69759 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OAR–2004–0386; FRL–7998–1] 

RIN 2060–AE24 

Consumer and Commercial Products: 

Schedule for Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of revisions to the list of 

product categories scheduled for 

regulation under section 183(e) of the 

Clean Air Act (CAA). 

SUMMARY: This notice revises the 

groupings in which the listed categories 

of consumer and commercial products 

will be regulated under section 183(e) of 

the CAA. Although there are no 

additions to or deletions from the list, 

the categories are being regrouped. 

EFFECTIVE DATE: November 17, 2005. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. OAR–2004–0386 (legacy docket No. 

A–94–65). All documents in the docket 

are listed in the index. Publicly 

available docket materials are available 

for public inspection and copying 

between 8:30 a.m. and 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The docket is located at: U.S. 

EPA, Air and Radiation Docket and 

Information Center (6102T), 1301 

Constitution Avenue, NW., Room B108, 

Washington, DC 20460, or by calling 

(202) 566–1744 or 1742. A reasonable 

fee may be charged for copying docket 

materials. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bruce Moore, EPA, Office of Air Quality 

Planning and Standards, Emission 

Standards Division (C504–03), Research 

Triangle Park, NC 27711, telephone 

number (919) 541–5460, facsimile 

number (919) 541–0072, electronic mail 

address: moore.bruce@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Docket. Docket ID No. OAR–2004–

0386 (legacy docket ID No. A–94–65) 

contains information considered by EPA 

in development of the consumer and 

commercial products study and the 

initial list and schedule for regulation. 

The official public docket consists of the 

documents specifically referenced in 

this action and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include confidential business 

information or other information whose 

disclosure is restricted by statute. The 

official public docket is the collection of 

materials that is available for public 

viewing at the EPA Docket Center, EPA 

West Building, Room B–102, 1301 

Constitution Avenue, 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 EPA 

Docket Center is (202) 566–1742. A 

reasonable fee may be charged for 

copying docket materials. 

Electronic Docket Access. An 

electronic version of the public docket 

is available through EDOCKET, EPA’s 

electronic public docket and comment 

system. You may use EDOCKET at 

http://docket.epa.gov/edkpub/index.jsp 

to view public documents, access the 

index listing of the contents of the 

official public docket, and to access 

those documents in the public docket 

that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility in the above paragraph entitled 

‘‘Docket.’’ Once in the system, select 

‘‘search,’’ then key in the appropriate 

docket identification number. You may 

access this notice electronically through 

the Internet under the Federal Register 

listings at http://www.epa.gov/fedrgstr/. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of today’s notice will 

also be available through the WWW. 

Following signature, a copy of the 

notice will be posted on EPA’s 

Technology Transfer Network (TTN) 

policy and guidance page for newly 

proposed or promulgated rules at 

http://www.epa.gov/ttn/oarpg/. The 

TTN provides information and 

technology exchange in various areas of 

air pollution control. 

Outline. The information presented in 

this preamble is organized as follows: 

I. What Are the Significance and History of 

the Section 183(e) List and Schedule for 

Regulating Consumer and Commercial 

Products? 

II. Why Is EPA Revising the List and 

Schedule for Regulations? 

III. What Are the Revisions EPA Is Making to 

the Section 183(e) Category List and 

Schedule for Regulations? 

IV. Statutory and Executive Order Reviews. 

I. What Are the Significance and 

History of the Section 183(e) List and 

Schedule for Regulating Consumer and 

Commercial Products? 

Ground-level ozone, which is a major 

component of smog, is formed in the 

atmosphere by reactions of volatile 

organic compounds (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 ground-level ozone is 

associated with a wide variety of human 

health effects, agricultural crop loss, and 

damage to forests and ecosystems. Acute 

health effects are induced by short-term 

exposures (observed at concentrations 

as low as 0.12 parts per million (ppm)), 

generally 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. Moderate exertion 

levels are more frequently experienced 

by individuals than heavy exertion 

levels. The acute health effects include 

respiratory symptoms, effects on 

exercise performance, increased airway 

responsiveness, increased susceptibility 

to respiratory infection, increased 

hospital admissions and emergency 

room visits, and pulmonary 

inflammation. Groups at increased risk 

of experiencing such effects include 

active children, outdoor workers, and 

others who regularly engage in outdoor 

activities, as well as those with 

preexisting respiratory disease. 

Currently available information also 

suggests that long-term exposures to 

ozone may cause chronic health effects 

(e.g., structural damage to lung tissue 

and accelerated decline in baseline lung 

function). 

Under section 183(e) of the CAA, 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 national ambient air 

quality standards (NAAQS) for ozone, 

and to establish criteria for regulating 

VOC emissions from these products. 

Section 183(e) directs EPA to list for 

regulation those categories of products 

that account for at least 80 percent of 

the VOC emissions, on a reactivityadjusted basis, from consumer and 

commercial products in areas that 

violate the NAAQS for ozone (i.e., ozone 

nonattainment areas), and to divide the 

list of categories to be regulated into 

four groups. 

The original schedule for regulations 

that established the four groups of 

categories was published in the Federal 

Register on March 23, 1995 (60 FR 

15264). EPA stated in that notice that 

EPA may amend the schedule and the 

products listed in particular groups and 

may exercise its discretion in 

scheduling its actions under section 

183(e) of the CAA in order to achieve an 

effective regulatory program. A revised 

schedule and grouping was published 

on March 18, 1999 (64 FR 13422). For 

more background information, you 

69760 Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Notices 

should read the previous notices 

relating to the development of the initial 

list and schedule and subsequent 

change. 

II. Why Is EPA Revising the List and 

Schedule for Regulations? 

In order to manage workload on 

development of rules or control 

techniques guidelines (CTG) for the 

product categories identified for 

regulation under section 183(e) of the 

CAA, EPA is regrouping the list such 

that each of the remaining groups 

contains five product categories. With 

one exception, today’s action does not 

change the order of product categories 

on the list. Letterpress printing 

materials is being moved to allow 

grouping of the three printing product 

categories for concurrent development. 

Although EPA notes that section 183(e) 

does not require the Agency to place 

product categories into equal groups, 

this revision of the list will maintain 

equal groups of product categories for 

Groups II, III, and IV. Based upon 

current circumstances, EPA believes 

that a more equal distribution of the 

product categories will allow the 

Agency to optimize use of available 

resources and work more effectively 

with stakeholders in each industry. 

Furthermore, by reordering the product 

categories in this fashion, EPA hopes to 

address product categories that account 

for a larger percentage of VOC emissions 

in Group II, and thus earlier in the 

process. 

III. What Are the Revisions EPA Is 

Making to the Section 183(e) Category 

List and Schedule for Regulations? 

The category list and schedule for 

regulations currently is divided into 

Groups I through IV, containing six, 

one, four, and ten product categories, 

respectively. EPA has already 

completed the product categories 

identified in Group I. EPA issued 

national volatile organic compound 

emission standards for ‘‘autobody 

refinishing coatings,’’ ‘‘consumer 

products’’ (24 categories), and 

‘‘architectural coatings.’’ EPA issued 

CTG for ‘‘shipbuilding and ship repair 

surface coating operations,’’ ‘‘aerospace 

coatings,’’ and ‘‘wood furniture 

manufacturing operations.’’ Today’s 

change redistributes the 15 product 

categories in Groups II through IV such 

that each of these groups contains five 

product categories. The revised list 

showing the product categories in each 

of the four groups is presented in Table 

1. EPA notes that there is ongoing 

litigation to establish dates for 

completion of Groups II, III, and IV. 

TABLE 1.—CONSUMER AND COMMERCIAL PRODUCTS SCHEDULE FOR REGULATIONS

Emissions, 

megagrams 

per year 

(Mg/yr) 

Group I: 

Consumer products (24 categories) .................................................................................................................................................... 301,347 

Shipbuilding and repair coatings ......................................................................................................................................................... 23,302 

Aerospace coatings ............................................................................................................................................................................. 165,892 

Architectural coatings .......................................................................................................................................................................... 362,454 

Autobody refinishing coatings .............................................................................................................................................................. 85,509 

Wood furniture coatings ....................................................................................................................................................................... 88,109 

Total for Group I ........................................................................................................................................................................... 1,026,613 

Group II: 

Flexible package printing materials ..................................................................................................................................................... 136,364 

Lithographic printing materials ............................................................................................................................................................. 545,454 

Letterpress printing materials .............................................................................................................................................................. 25,636 

Industrial cleaning solvents ................................................................................................................................................................. 232,890 

Flatwood paneling coatings ................................................................................................................................................................. 19,618 

Total for Group II .......................................................................................................................................................................... 959,962 

Group III: 

Aerosol spray paints ............................................................................................................................................................................ 58,521 

Paper, film, and foil coatings ............................................................................................................................................................... 92,064 

Plastic parts coatings ........................................................................................................................................................................... 20,000 

Metal furniture coatings ....................................................................................................................................................................... 97,220 

Large appliance coatings ..................................................................................................................................................................... 22,994 

Total for Group III ......................................................................................................................................................................... 290,799 

Group IV: 

Fiberglass boat manufacturing materials ............................................................................................................................................ 11,000 

Petroleum drycleaning solvents ........................................................................................................................................................... 49,091 

Auto and light-duty truck assembly coatings ....................................................................................................................................... 68,182 

Miscellaneous metal products coatings ............................................................................................................................................... 198,545 

Miscellaneous industrial adhesives ..................................................................................................................................................... 185,175 

Total for Group IV ......................................................................................................................................................................... 511,993 

Emissions addressed by schedule ...................................................................................................................................................... 2,789,367 

Percentage of total (3,481,804 mg/yr) ................................................................................................................................................. 80.1 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), EPA must 

determine whether the regulatory action 

is ‘‘significant’’ and, therefore, subject to 

review by the Office of Management and 

Budget (OMB) and the requirements of 

the Executive Order. The Executive 

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, 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, 

Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Notices 69761 

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. 

It has been determined that this action 

is not a ‘‘significant regulatory action’’

under the terms of Executive Order 

12866 and is, therefore, not subject to 

OMB review. 

Today’s notice is not a rule; it is 

essentially an information sharing 

activity which does not impose 

regulatory requirements or costs. 

Therefore, the requirements of 

Executive Order 13132 (Federalism), 

Executive Order 13175 (Consultation 

and Coordination with Indian Tribal 

Governments), Executive Order 13045 

(Protection of Children from 

Environmental Health Risks and Safety 

Risks), Executive Order 13211 (Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use), the Regulatory 

Flexibility Act, the Unfunded Mandates 

Reform Act, and the National 

Technology Transfer and Advancement 

Act, do not apply to today’s notice. 

Also, this notice does not contain any 

information collection requirements 

and, therefore, is not subject to the 

Paperwork Reduction Act, 44 U.S.C. 

3501, et seq. 

Dated: November 10, 2005. 

William L. Wehrum, 

Acting Assistant Administrator for Air and 

Radiation. 

[FR Doc. 05–22817 Filed 11–16–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7998–2] 

EPA Accepting Nominations for the 

Children’s Health Protection Advisory 

Committee 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The U.S. Environmental 

Protection Agency invites nominations 

of qualified candidates to be considered 

for appointments to fill specific 

vacancies on the Children’s Health 

Protection Advisory Committee 

(CHPAC). Nominations are sought in the 

following two areas: Experience relating 

to children’s environmental health on 

Tribal lands and experience with 

children’s environmental health in 

public health nursing. In addition to 

this notice other avenues may be used 

to identify potential candidates. 

Deadline for receiving nominations is 

Friday, December 2, 2005. Please submit 

a resume or curriculum vitae with each 

nomination via mail or e-mail to the 

addresses below. Appointments will be 

made by the Administrator of the 

Environmental Protection Agency. 

FOR FURTHER INFORMATION CONTACT: 

Joanne Rodman, Designated Federal 

Officer, Office of Children’s Health 

Protection, USEPA, MC 1107A, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, (202) 564–2188, 

rodman.joanne@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

Children’s Health Protection Advisory 

Committee is a body of researchers, 

academicians, health care providers, 

environmentalists, children’s advocates, 

professionals, government employees, 

and members of the public who advise 

EPA on regulations, research, and 

communication issues relevant to 

children. For additional information go 

to: http://yosemite.epa.gov/ochp/ 

ochpweb.nsf/content/ 

whatwe_advisory.htm. 

Dated: November 10, 2005. 

Joanne Rodman, 

Designated Federal Official. 

[FR Doc. 05–22818 Filed 11–16–05; 8:45 am] 

BILLING CODE 6560–50–U 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OAR–2005–0172; FRL–7998–3] 

Draft Staff Paper for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of a draft for public 

review and comment. 

SUMMARY: On or about November 14, 

2005, the Office of Air Quality Planning 

and Standards (OAQPS) of EPA will 

make available for public review and 

comment a draft document, Review of 

the National Ambient Air Quality 

Standards for Ozone: Policy Assessment 

of Scientific and Technical Information 

(Draft Staff Paper). The purpose of the 

Staff Paper is to evaluate the policy 

implications of the key scientific and 

technical information contained in a 

related EPA document, Air Quality 

Criteria for Ozone and Related 

Photochemical Oxidants, required 

under sections 108 and 109 of the Clean 

Air Act (CAA) for use in the periodic 

review of the national ambient air 

quality standards (NAAQS) for ozone. 

The OAQPS also will make available for 

public review and comment related 

draft technical support documents, 

Ozone Population Exposure Analysis for 

Selected Urban Areas (draft Exposure 

Analysis) and Ozone Health Risk 

Assessment for Selected Urban Areas 

(draft Risk Assessment). 

DATES: Comments on the draft Staff 

Paper, draft Exposure Analysis, and 

draft Risk Assessment should be 

submitted on or before December 30, 

2005. 

ADDRESSEES: Submit your comments, 

identified by Docket ID No. OAR–2005–

0172, by one of the following methods: 

• Agency Web site: EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: Comments may be sent by 

electronic mail (e-mail) to a-and-rDocket@epa.gov, Attention Docket ID 

No. OAR–2005–0172. 

• Fax: Fax your comments to: 202–

566–1741, Attention Docket ID. No. 

OAR–2005–0172. 

• Mail: Send your comments to: Air 

and Radiation Docket Center, 

Environmental Protection Agency, Mail 

code: 6102T, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460, Attention 

Docket ID No. OAR–2005–0172. 

• Hand Delivery or Courier: Deliver 

your comments to: EPA Docket Center, 

1301 Constitution Ave., NW., Room 

B102, Washington, DC 20004. 

Instructions: Direct your comments to 

Docket ID No. OAR–2005–0172. The 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.epa.gov/edocket, 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 EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the federal 

regulations.gov Web sites are 

‘‘anonymous access’’ systems, 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 

EDOCKET or regulations.gov, your email 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