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EPA/AR

RIN: 2060-AP09

Publication ID: Fall 2008

Title: VOC Regulation for Architectural Coatings(Completion of a Section 610 Review)
Abstract: On September 11, 1998 (63 FR 48848), EPA promulgated a regulation to control volatile organic compound (VOC) emissions from architectural coatings. These requirements, codified at 40 CFR part 79, subpart D, were promulgated under section 183(e) of the Clean Air Act (CAA). Pursuant to section 610 of the Regulatory Flexibility Act, EPA has reviewed this rule to determine if it should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities. As part of this review, EPA considered, and solicited comments on, the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. The results of EPA's review have been summarized in a report and placed in the rulemaking docket (docket number EPA-HQ-OAR-2008-0205 at www.regulations.gov). These results are briefly summarized here. One of the factors that must be considered in a section 610 review is the continued need for the rule under review. The rule remains necessary to help fulfill the requirements of CAA section 183(e), which addresses the persistent ozone nonattainment problem in many areas. The Agency must also consider the nature of any complaints about the rule. One comment letter was received. The commenter asserted that the use of relative reactivity should be incorporated into this rule. We agree that not all VOC are equal in their effects on ground-level ozone formation. However, we believe that adoption of a reactivity-based approach for the architectural coatings rule at this time would not provide significant benefits to small coatings manufacturers and, in some cases, could present small businesses with the additional burden of research and development to carry out product reformulation that could be required to comply with a new, reactivity-based rule. The Agency must also consider the complexity of the rule under review. The 1998 rule incorporated a number of provisions aimed at easing the burden of compliance, and the Agency published accompanying guidance to help small businesses comply with the rule. Accordingly, and in light of the fact that we received no comments on rule complexity, we do not believe that complexity is a barrier to understanding and complying with the rule. The Agency must also consider the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules. Several States have architectural coatings rules that are more stringent and cover more categories than the 1998 Federal architectural coatings rule. Consequently, many entities are marketing architectural coatings that are lower in VOC content than required by the Federal rule. However, we know of no instances where the federal rule conflicts with existing State rules. Finally, the Agency must consider the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since it was promulgated. Many low-VOC and non-VOC architectural coatings have been developed since promulgation of this rule in 1998. Consequently, the VOC limits in the existing Federal rule pose no unreasonable burden on small or large companies. Regarding reactivity, as discussed above, although we believe that changes in technology do not warrant revision of the architectural coatings rule at this time, we are open to initiating dialogue on the subject of broadly applied reactivity-based approaches to VOC regulation. Based on the foregoing considerations, the Agency believes that the current architectural coatings rule provides for needed VOC reductions without undue burden on small entities, and does not warrant revision at this time.
Agency: Environmental Protection Agency(EPA)	Priority: Info./Admin./Other
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
RFA Section 610 Review: Completion of a Section 610 Review
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 USC 610

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Final Action	09/11/1998	63 FR 48848
Begin Review	05/05/2008	73 FR 24755
End Comment Period	08/04/2008
End Review	09/02/2008

Additional Information: SAN No. 5255; EPA Docket information: EPA-HQ-OAR-2008-0205
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: Yes
Agency Contact: Tom Eagles Environmental Protection Agency Air and Radiation 6103A, 1200 Pennsylvania Avenue NW., Washington, DC 20460 Phone:202 564-1952 Fax:202 564-1554 Email: eagles.tom@epamail.epa.gov