15264 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

address above. By this document OSHA

is extending the date for submitting the

text of testimony and documentary

evidence for those who intend to testify

at the public hearings from April 14,

1995 to May 15, 1995, in order to

provide additional time for the

preparation of testimony for the

hearings.

Any party who has not substantially

complied with this requirement may be

limited to a ten-minute presentation,

and may be requested to return for

questioning at a later time during the

hearing.

Notices of intention to appear,

testimony and evidence will be

available for inspection and copying at

the Docket Office at the address above.

Authority and Signature: This document

was prepared under the direction of Joseph

A. Dear, Assistant Secretary of Labor for

Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution

Avenue, NW., Washington, DC 20210. It is

issued pursuant to section 6(b) of the

Occupational Safety and Health Act of 1970

(84 Stat. 1593, 29 U.S.C. 655).

Signed at Washington, DC., this 20th day

of March, 1995.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 95–7200 Filed 3–22–95; 8:45 am]

BILLING CODE 4510–26–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Chapter I

[AD–FRL–5177–3]

RIN 2060–AE24

Consumer and Commercial Products:

Schedule for Regulation

AGENCY: U.S. Environmental Protection

Agency (EPA).

ACTION: Notice of the consumer and

commercial product category list and

schedule for regulation.

SUMMARY: This notice publishes a list of

consumer and commercial products

identified for possible regulation and a

schedule for the promulgation of such

regulations. Under section 183(e) of the

Clean Air Act (CAA), the EPA is

required to conduct a study of volatile

organic compounds (VOC) emissions

from the use of consumer and

commercial products to assess their

potential to contribute to violations of

the national ambient air quality

standard (NAAQS) for ozone, and to

establish criteria for products subject to

regulation under that section. Upon

completion of the study, the EPA is

required to submit a Report to Congress

documenting the results of the study.

Under section 183(e), the EPA is

required to list and schedule for

regulation those categories of products

that the Administrator determines

account for at least 80 percent of the

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

commercial products in areas classified

as nonattainment for ozone. The

consumer and commercial product list

and schedule for regulation published

in today’s notice meets this obligation.

Although today’s notice identifies

consumer and commercial products that

potentially could be regulated, this list

and schedule may be amended as

further information becomes available

or is submitted to the EPA. The public

will have an opportunity to comment on

the listing and possible regulation of a

particular product at the time the EPA

proposes to regulate that particular

product. Thus, today’s action does not

represent final agency action. Final

agency action occurs upon publication

of a final regulation for each product.

ADDRESSES: Docket. Docket No. A–94–

65 contains information considered by

the EPA in development of the

consumer and commercial products

study and subsequent schedule for

regulation. In addition, the public may

submit to the docket information or

comments regarding today’s notice and

the Report to Congress. The docket is

available for public inspection and

photocopying between 8 a.m. and 5:30

p.m. Monday through Friday at the

EPA’s Air and Radiation Docket and

Information Center (6102), room M–

1500, Waterside Mall, 401 M Street,

SW., Washington, DC 20460. The

telephone number is (202) 260–7548

and the facsimile number is (202) 260–

4400. A reasonable fee may be charged

for copying docket materials.

Report to Congress. The Consumer

and Commercial Product Report to

Congress is available from Docket No.

A–94–65 at the above address or from

the Office of Air Quality Planning and

Standards (OAQPS) Technology

Transfer Network (TTN) which is a

network of electronic bulletin boards

operated by the EPA. The service is free,

except for the cost of the telephone call.

The modem telephone number is (919)

541–5742. The modem provides up to a

14,400 baud connection. If more

information on the TTN is needed, call

the HELP line at (919) 541–5384.

FOR FURTHER INFORMATION CONTACT: For

information concerning the Report to

Congress and schedule for regulation,

contact Mr. Bruce Moore, Coatings and

Consumer Products Group, Emission

Standards Division (MD–13), U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

5460.

SUPPLEMENTARY INFORMATION:

I. Background

This notice describes the EPA’s initial

efforts to respond to requirements of

Section 183(e) of the CAA and to a court

order. These efforts also respond to

concerns expressed by representatives

of State and local air pollution control

agencies and by consumer products

industry representatives. The

persistence of the ground-level ozone

problem has caused State and local air

pollution agencies to seek emission

reductions beyond those which have

been obtained through regulation of the

conventional mobile and stationary

sources of emissions. As a result, several

agencies are adopting rules to regulate

various household consumer products.

Representatives of the consumer

products industry have expressed

concern that differences in State and

local requirements for consumer

products could disrupt the national

distribution network for consumer

products and has urged the EPA to issue

rules for consumer products to provide

consistency across the country. States

who need emission reductions are also

supportive of an EPA rulemaking which

will assist them in their efforts toward

achievement of ozone attainment.

In response to these concerns, the

EPA consulted with consumer product

manufacturers and other interested

parties to determine which products

would be the most amenable to an

expedited regulation that could achieve

significant VOC emission reductions

without significant effects on consumer

satisfaction or price of the products.

Industry representatives identified a

group of consumer products that meet

these criteria and proposed to EPA

emission requirements for them that

have already been achieved in

California (see Section III.C). High

quality products meeting these

standards are being sold in California

with no significant effect on consumer

prices. The EPA plans to propose the

rule covering these products as part of

the first group of categories listed for

regulation.

The relevant statutory provision is

contained in Section 183(e) of the CAA.

Through this provision, Congress

required the EPA to conduct a study of

emissions of VOC into the ambient air

from consumer and commercial

products. The term ‘‘consumer and
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15265

commercial products’’ is defined to

mean:

* * * any substance, product (including

paints, coatings, and solvents), or article

(including any containers or packaging) held

by any person, the use, consumption, storage,

disposal, destruction, or decomposition of

which may result in the release of volatile

organic compounds * * *

The statutory definition of consumer

and commercial products includes a

much broader array of products than

those usually considered to be

consumer products (e.g., personal care

products, household cleaning products,

or household pesticides). The statutory

definition of consumer and commercial

products encompasses all VOC-emitting

products used in the home, by

businesses, by institutions, and in a

wide range of industrial manufacturing

operations.

The stated objectives of the study are

(1) to determine the potential of VOC

emissions into the ambient air from

consumer and commercial products to

contribute to ozone levels which violate

the NAAQS for ozone; and (2) to

establish criteria for regulating

consumer and commercial products.

Upon completion of the study, the

EPA is required to submit a Report to

Congress that documents the results of

the study. The study and Report to

Congress required under Section 183(e)

are described in section II of this notice.

In establishing criteria for regulating

products, the Administrator is directed

to consider the following: the uses,

benefits, and commercial demand of

products; the health or safety functions

served by such products; whether

products emit highly reactive VOC into

the ambient air; the cost-effectiveness of

controls; and the availability of

alternatives which are of comparable

costs, considering health, safety, and

environmental impacts. The

development and application of criteria,

and the resultant ranking of products

based on these and other considerations,

are described in sections III.B and III.C

of this notice.

Upon completion of the study and

submission of the Report to Congress,

the EPA is required to list those

categories of products that are

determined, based on the study, to

account for at least 80 percent of the

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

commercial products in areas that

violate the NAAQS for ozone. The EPA

is required to divide the list into four

groups establishing priority for

regulation. Every 2 years following

publication of the list, the EPA is

required to regulate one group until all

four groups are regulated. The consumer

and commercial product list and

schedule for regulation is presented in

section III.C of this notice.

As noted earlier, the EPA is

presenting this list and schedule at this

time as required by the CAA and court

order. However, the EPA may amend

the schedule and the products listed in

particular groups as further information

becomes available. For example, as one

of the considerations specifically noted

by Congress in section 183(e)(2)(B)(iv),

cost-effectiveness of control is an

important factor, and one for which the

EPA had relatively limited information.

In moving forward to develop specific

regulations, the EPA will evaluate new

information on cost-effectiveness as

well as the other criteria and may, in the

process, reassess the product listing and

schedule.

II. Study and Report to Congress

A. Intent and Structure

The primary intent of the study and

Report to Congress is to meet the

objectives of section 183(e) of the CAA

which requires EPA to inform members

of Congress, and other interested

parties, of relevant issues surrounding

VOC emissions from the use,

consumption, storage, disposal,

destruction, or decomposition of

consumer and commercial products.

The study examines the potential of

VOC emissions from consumer and

commercial products to contribute to

ozone nonattainment; documents the

development of a reliable and

comprehensive emissions inventory;

identifies and evaluates opportunities

for achieving emission reductions;

examines the fate of consumer and

commercial product-related VOC in

wastewater and in landfills; evaluates

the use of various systems of regulation,

including economic incentives; and

provides supporting rationale for the

establishment of criteria for prioritizing

products for regulation.

The study is composed of six

volumes, including:

(1) Report to Congress (EPA–453/R–94–

066–a)

(2) Comprehensive Emissions Inventory

(EPA–453/R–94–066–b)

(3) Fate of Consumer Product VOC in

Landfills (EPA–453/R–94–066–c)

(4) Fate of Consumer Product VOC in

Wastewater (EPA–453/R–94–066–d)

(5) Economic Incentives to Reduce VOC

Emissions from Consumer and

Commercial Products (EPA–453/R–

94–066–e)

(6) Aerosol Products and Packaging

Systems (EPA–453/R–94–066–f)

B. Findings of the Consumer and

Commercial Products Study

The Report to Congress highlights the

following key findings of the study:

1. The scope of consumer and

commercial products subject to section

183(e) is very broad and includes not

only household consumer products but

many products used commercially and

in industrial manufacturing operations.

This vast universe of products ranges

from underarm antiperspirants and

deodorants to coatings used in the

manufacture of automobiles.

2. Consumer and commercial

products, while individually small

sources of VOC emissions, contribute

significantly to the ozone nonattainment

problem. In 1990, consumer and

commercial products emitted

approximately 6 million tons of VOC

nationwide, or about 28 percent of all

man-made VOC.

3. Opportunities exist for VOC

emission reductions from consumer and

commercial products through product

reformulation, substitution,

repackaging, and other control

measures. With regard to consumer

products, California and other States

have issued regulations which limit the

VOC content of approximately two

dozen categories of products. These

regulations were developed over several

years with extensive interaction with

the consumer products industry. The

EPA has estimated that the VOC content

limitations imposed by the State

regulations, if applied nationwide, may

result in an overall VOC reduction of

approximately 25 percent from the 1990

baseline for those categories.

4. In developing control measures for

consumer products, emission reductions

must be balanced with product efficacy,

consumer acceptance, and economic

impacts.

5. A number of systems can be

employed to implement the various

control measures available under

Section 183(e). These include product

registration, labeling, self-monitoring,

reporting, prohibitions, limitations, and

economic incentives.

6. Under section 183(e)(3)(C), the EPA

may issue control techniques guidelines

(CTG) in lieu of regulations where the

Administrator determines that the CTG

will be substantially as effective in

reducing VOC emissions in

nonattainment areas. In many cases,

CTG can be effective regulatory

approaches to reduce emissions of VOC

in nonattainment areas—with the

advantage of not imposing control costs

on attainment areas. For example, in the

case of small volume consumer

products that are widely used (e.g.,
15266 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

personal care products), a CTG might

not be effective at reducing VOC

emissions because of difficulties in

enforcement. However, for other cases

(and for a potentially large share of

nonattainment area VOC emission

sources), enforcement and compliance

may be effectively focused at the source

of the VOC emissions, be it the point of

manufacture, the point of end-use, or

both. For example, VOC emissions from

commercial products used in industrial

settings could be controlled effectively

with a CTG that targeted emissions at

the point of end-use, as the population

of end-users is likely to be readily

identifiable.

7. Economic incentive programs

appear to be viable alternatives to

traditional strategies to reduce VOC

emissions from consumer and

commercial products. Certainty of

emission reductions, minimization of

control and/or implementation costs,

technological innovation, and flexibility

afforded by the program are all

objectives which should be considered

in selecting a strategy. The best

regulatory approach for consumer and

commercial products depends upon the

particular universe of products being

regulated and the priority of objectives.

8. Ideally, ozone control strategies

should be based not only on mass VOC

and NOX emissions but also on the

relative photochemical reactivity of

individual species, the VOC-to-NOX

ratios prevalent in specific airsheds, and

other factors which could work together

to minimize the formation of ozone with

minimum adverse impacts. However,

reactivity data on VOC, especially those

compounds used to formulate consumer

and commercial products, are extremely

limited. Better data, which can be

obtained only at great expense, are

needed if the EPA is to consider relative

photochemical reactivity in

development of regulations. In the

meantime, a practical approach is to

make regulatory determinations on the

basis of mass VOC emissions.

The EPA considered reactivity to a

limited extent, however, in prioritizing

consumer and commercial product

categories for regulation. In an effort to

meet the requirements of section 183(e),

and being aware of the limitations and

uncertainties surrounding the reactivity

issue, the EPA employed available

information on reactivity to (1) consider

those products which emit ‘‘highlyreactive’’ compounds; and (2) adjust

mass VOC emission estimates to

account for relative reactivity of product

ingredients. The EPA’s methodology for

this limited application of reactivity is

discussed in detail in the Report to

Congress.

9. A widely held misconception is

that most aerosol products employ

chlorofluorocarbons (CFC) as

propellants and contribute to

stratospheric ozone depletion. In 1978,

the EPA banned the use of CFC in

virtually all aerosol products, the

exceptions being medical products,

military specification products, and

aviation products. Hydrocarbons

(propane, butane, and isobutane), which

are VOC, are currently the predominant

propellant compounds. Aerosol

products function as systems composed

of the product, the propellant, the valve,

and the container. Hydrocarbon

propellants not only expel the product

from the container but serve as diluents

in the product formulation.

III. Consumer and Commercial Product

Schedule for Regulation

A. Criteria for Regulating Products

Under Section 183(e)

Although the EPA has discretion to

determine which products are

considered to account for 80 percent of

VOC emissions, as a preliminary step,

the EPA relied on numerical rankings to

ensure that the highest priority products

would be regulated. Section 183(e)(2)(B)

of the CAA instructs the EPA to develop

criteria for prioritizing consumer and

commercial products for regulation. In

establishing these criteria, the EPA is

required to consider the following

factors:

(1) Uses, benefits, and commercial

demand,

(2) Health and safety functions,

(3) Products which emit highly

reactive VOC,

(4) Cost-effectiveness of control, and

(5) Availability of alternatives.

The following eight criteria for

ranking consumer and commercial

products were developed:

(1) Utility,

(2) Commercial demand,

(3) Health and safety functions,

(4) Emissions of highly reactive VOC,

(5) Availability of alternatives,

(6) Cost-effectiveness of controls,

(7) Magnitude of annual VOC

emissions, and

(8) Regulatory efficiency and program

considerations.

Criterion 1 (Utility) considers uses

and benefits, and commercial demand is

addressed by Criterion 2. The remaining

four factors are addressed individually

by Criteria 3 through 6. Criteria 7 and

8 (magnitude of emissions and

regulatory efficiency) reflect additional

considerations not specifically

prescribed in the CAA. The EPA has

exercised its discretion to include these

criteria, as the EPA believes they are

important in prioritizing product

categories for regulation. The EPA’s

interpretation of each of the five factors

and the rationale and intent of each of

the eight criteria are discussed in detail

in the Report to Congress.

B. Preliminary Ranking of Product

Categories

Criteria 1 through 7 were developed

such that each product category could

be evaluated numerically by assigning a

score of 1 to 5 for each of the criteria,

with a higher score indicating a higher

priority for regulation.

The preliminary ranking was based on

numerical scoring of criteria 1 through

7 for each product category. This

process involved objective and

subjective considerations. Criteria 2, 4,

6, and 7 are objective in nature and

could be scored quantitatively based on

annual sales, VOC emissions, and cost

of control. Exercise of Criteria 1, 3, and

5 may include some subjective

considerations. Scoring of these criteria

could be affected by one’s background,

knowledge of the category, or other

factors. In order to ensure consistency

and fairness, an independent panel was

convened to assist the EPA in

application of these criteria.

The National Air Pollution Control

Techniques Advisory Committee

(NAPCTAC), established in 1968 by the

Surgeon General, is an advisory group

which has provided, and continues to

provide, the EPA with independent

views on EPA actions related to the air

program. The NAPCTAC consists of the

Director, Office of Air Quality Planning

and Standards, or his designee, as

chairperson and 11 members appointed

by the EPA’s Deputy Administrator.

Members are selected from industry,

State and local agencies, public interest

groups, and academia.

Because of the balance afforded by the

diversity of such a group, the NAPCTAC

was considered a convenient choice for

the panel. Accordingly, the panel was

convened in July 1994 in Durham,

North Carolina, for the purpose of

assigning preliminary scores for Criteria

1 through 7 to each of the product

categories. Results of the preliminary

scoring exercise are available in the

docket.

C. Application of Criterion Eight:

Regulatory Efficiency and Program

Considerations

Once the initial ranking of products

based on exercise of Criteria 1 through

7 was completed, the EPA exercised

Criterion 8, regulatory efficiency and

program considerations, to identify

which products should be considered to

account for 80 percent of VOC
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15267

emissions and prioritized in the

schedule for regulation.

As required by section 183(e), the

EPA grouped the listed categories of

consumer and commercial products into

four groups, one of which will be

regulated every 2 years. Although the

statute does not require that the 80

percent be divided into four equal

groups, the EPA placed product

categories into the four groups listed in

Table 1 as equally as possible for

purposes of workload management. The

EPA also attempted to reduce emissions

as early as possible, given these

workload considerations. Nearly twothirds of the emissions from consumer

and commercial products are addressed

by the first two groups of categories.

TABLE 1.—CONSUMER AND COMMERCIAL PRODUCTS SCHEDULE FOR REGULATIONS

Schedule for regulation Emissions Mg/yr

Group I:

Consumer products (24 categories)a .................................................................................................... 1997 301,347

Shipbuilding and repair coatings .......................................................................................................... 1997 23,302

Aerospace coatings .............................................................................................................................. 1997 165,892

Architectural coatings ........................................................................................................................... 1997 362,454

Autobody refinishing coatings ............................................................................................................... 1997 85,509

Aerosol spray paints ............................................................................................................................. 1997 58,521

Wood furniture coatings ........................................................................................................................ 1997 88,109

1,085,134

Group II:

Lithographic printing materials .............................................................................................................. 1999 545,454

Industrial cleaning solvents .................................................................................................................. 1999 232,890

Flexible package printing materials ...................................................................................................... 1999 136,364

Flat wood paneling coatings ................................................................................................................. 1999 19,618

934,326

Group III:

Miscellaneous metal products coatings ................................................................................................ 2001 198,545

Large appliance coatings ...................................................................................................................... 2001 22,994

Fiberglass boat manufacturing materials ............................................................................................. 2001 11,000

Miscellaneous industrial adhesives ...................................................................................................... 2001 185,175

417,714

Group IV:

Paper, film, and foil coatings ................................................................................................................ 2003 92,064

Letterpress printing materials ............................................................................................................... 2003 25,636

Plastic parts coatings ............................................................................................................................ 2003 20,000

Metal furniture coatings ........................................................................................................................ 2003 97,220

Auto and light truck assembly coatings ................................................................................................ 2003 68,182

Petroleum drycleaning solvents ............................................................................................................ 2003 49,091

352,193

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

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

aProduct categories included in ‘‘Consumer products (24 categories)’’ grouping:

Aerosol cooking sprays

Air fresheners

Auto windshield washer fluids

Bathroom and tile cleaners

Carburetor and choke cleaners

Charcoal lighter materials

Dusting aids

Engine degreasers

Fabric protectants

Floor waxes and polishes

Furniture maintenance products

General purpose cleaners

Glass cleaners

Hair sprays

Hair mousses

Hair styling gels

Household adhesives

Nonagricultural insecticides

Laundry prewash treatments

Laundry starch products

Nail polish removers

Oven cleaners

Shaving creams

Underarm antiperspirants and deodorants
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]

BILLING CODE 6560–50–P