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Consideration of Final Rulemaking

Joyce E. Epps Director, Bureau of Air Quality Department of Environmental Protection Commonwealth of Pennsylvania. Environmental Quality Board Meeting Harrisburg, PA June 17, 2008. Consideration of Final Rulemaking

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Consideration of Final Rulemaking

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  1. Joyce E. EppsDirector, Bureau of Air QualityDepartment of Environmental ProtectionCommonwealth of Pennsylvania Environmental Quality Board Meeting Harrisburg, PA June 17, 2008 Consideration of Final Rulemaking Consumer Products & Architectural and Industrial Maintenance (AIM) Coatings Regulations 25 Pa. Code Chapter 130, Subchapters B and C

  2. Background on Final Rulemaking • The consumer products regulation is based on a regional strategy designed to achieve additional volatile organic compound (VOC) reductions to attain and maintain the health-based 8-hour ozone National Ambient Air Quality Standards in the Ozone Transport Region (OTR). • The final-form Consumer Products regulation is consistent with the 2006 Model Rule approved by the Ozone Transport Commission (OTC). Similar regulations have either been proposed or adopted by other OTR member states; manufacturers are already complying with the VOC limits in California. • In Pennsylvania, an estimated 767 tons per year of additional VOC emission reductions will be realized following the adoption and implementation of the final form rulemaking.

  3. Summary of Amendments to the Consumer Products and AIM Coatings Regulations Amends 25 Pa. Code Chapter 130, Subchapter B: • Adds terms and definitions for new consumer product categories and revises existing definitions. • Establishes VOC content limits for eleven new consumer product categories in the “Table of Standards.” • Revises the VOC content limit for one consumer product category currently regulated. • Includes a compliance date of 1/1/2009 for new consumer product categories. • Allows sell-through of product that meets date or date-code labeling requirements.

  4. Summary of Amendments to the Consumer Products and AIM Coatings Regulations • Amends 25 Pa. Code Chapter 130, Subchapter C, to harmonize the VOC definitions in §§ 121.1 and 130.602. • This amendment to the “VOC” definition for AIM Coatings was added in the final rulemaking in response to public comments on the proposed consumer products rulemaking.

  5. Public Participation Process for the Consumer Products Proposed Rulemaking • September 15, 2007 – the EQB published the proposed Consumer Products rulemaking the Pennsylvania Bulletin. (37 Pa.B. 5117) • November 26, 2007 – the EQB held public hearings in Pittsburgh, Harrisburg and Norristown, PA. • December 26, 2007 – the written public comment period closed.

  6. Comments on the Consumer Products Proposed Rulemaking • The Board received comments from seven commentators which included industry, industry organizations and IRRC. • The commentators were generally supportive of the proposed rulemaking. • Three commentators requested harmonization of the definition of the term “VOC-Volatile organic compound” in the Consumer Products and AIM Coatings regulations, to mirror the VOC definition in § 121.1.

  7. Comments on the Consumer Products Proposed Rulemaking The IRRC asked how the effective date of January 1, 2009, is reasonable and feasible for businesses and consumers. • Affected trade groups worked with the OTC workgroup to set the date of January 1, 2009, and are aware of this rulemaking and compliance date. • The amendments are part of a regional strategy, which has already been proposed or adopted by OTR states including CT, DE, ME, MD, MA and NJ. • Manufacturers reformulated the majority of the affected consumer products to meet California’s December 31, 2006 compliance date.

  8. Final-Form Regulation: Consumer Products • In response to public comments, the definitions in § 130.202 have been revised to be consistent with the OTC Model Rule. • The final-form regulation allows for the sell-through of products manufactured prior to the January 2009 compliance date. • The final-form regulation also updates the product dating provisions and requires that manufacturers submit an explanation of the date codes to the Department before the product can be sold.

  9. Consumer Products and AIM CoatingsFinal Rulemaking Advisory Committee Review • March 18, 2008 – the final-form regulation was presented to the Citizens Advisory Council. The Council voted to concur with proceeding to the Board. • March 27, 2008 – the final-form regulation was presented to the Air Quality Technical Advisory Committee. The Committee unanimously concurred with the Department’s recommendation to advance the final rulemaking to the Board for consideration.

  10. Consumer Products and AIM CoatingsFinal Rulemaking • The Department recommends that you approve Pennsylvania’s final-form Consumer Products regulation and the amendment to definition section of the AIM Coatings regulation. • Your consideration of this final rulemaking is greatly appreciated. Recommendation

  11. Thank you on behalf of: Thomas K. Fidler Deputy Secretary, Office of Waste, Air and Radiation Management Joyce E. Epps Bureau of Air Quality Kristen Furlan Office of Chief Counsel Susan Hoyle Bureau of Air Quality

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