Consumer and Commercial Products: Wood Furniture, Aerospace, and Shipbuilding and Ship Repair Coatings: Control Techniques Guidelines in Lieu of Regulations

Whom does this notice affect? These CTG, as originally issued, triggered requirements under section 182(b)(2) for States to submit rules requiring reasonable available control technologies for these industries if:

--they are located in areas that exceed the national ambient air quality standards for ozone; and --they are (or have the potential to become) ``major'' sources of VOC emissions.

This issuance does not affect any additional entities.

I. Why are we taking this action

The final determination that CTG are substantially as effective as national regulations is published in a separate action in today's Federal Register and provides a detailed description of ground level ozone and the steps we are taking under section 183(e) of the Act to reduce emissions of VOC from consumer and commercial products. Our final determination was based, in part, on a comparison of the level of VOC control in the previously issued CTG with the estimated level of control possible from national regulations for these product categories. Upon making our final determination, we may issue CTG in lieu of national regulations in accordance with section 183(e)(3)(c) of the Act. This notice announces our decision to reissue these CTG as the section 183(e) CTG for these three product categories.

II. Administrative Requirements

1. General

Today's action is not a rule; it is a notice that EPA is reissuing the existing CTG, already issued for other purposes, as CTG for section 183(e). Since EPA has already issued these CTG and because the CTG themselves do not include binding regulations, but rather

define only presumptively the level of control to be reflected in State regulations for these categories, this notice does not impose any new regulatory requirements or costs. Therefore, 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, a regulatory flexibility analysis pursuant to the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), or a budgetary impact statement pursuant to the Unfunded Mandates Act of 1995. The Congressional Review Act, 5 U.S.C. 108, et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, does not apply because this action is not a rule, for purposes of 5 U.S.C. 804(3). Also, this Federal Register document does not contain any information collection requirements and, therefore, is not subject to the Paperwork Reduction Act (44 USC 3501, et seq.). This action does not establish any technical standards that would require the EPA to consider voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995.

2. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks

Executive Order 13045, ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is determined to be ``economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the EPA must evaluate the environmental health or safety effects of the planned rule on children and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the EPA. The EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it is based on technology performance and not on health or safety risks.

3. Executive Order 12866 and Office of Management and Budget (OMB) Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA must determine whether regulatory actions are significant and, therefore, subject to OMB review and the requirements of the Executive Order. The Executive 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 Executive Order 12866, the EPA has determined that this action is a ``significant regulatory action'' because it raises novel legal or policy issues arising out of legal mandates. As such, the EPA submitted this action to OMB for review. Changes made in response to OMB suggestions or recommendations are documented in the public record associated with our final determination that CTG are substantially as effective as national regulations. The final determination is published elsewhere in today's Federal Register.

Dated: July 1, 1999. Carol M. Browner, Administrator. [FR Doc. 99-17494 Filed 7-12-99; 8:45 am] BILLING CODE 6560-50-P