National Volatile Organic Compound Emission Standards for Consumer and Commercial Products; Variance Requests for the Consumer Products Rule and the Automobile Refinish Coatings Rule

On September 11, 1998, the EPA promulgated National Volatile Organic Compound (VOC) Emission Standards for Consumer Products (63 FR 48819) and National VOC Emission Standards for Automobile Refinish Coatings (63 FR 48806). These standards established VOC limits for the products affected by the rules. The rules contain provisions that allow a regulated entity to apply for a temporary variance if the entity cannot comply with the requirements of the rule because of circumstances beyond its reasonable control. Requests for variances must include: (1) The specific grounds upon which the variance is sought, (2) The proposed date by which the regulated entity will achieve compliance with the rule (no later than 5 years after the issuance of the variance), and (3) A compliance plan detailing the method(s) by which the regulated entity will achieve compliance with the rule. The rules state that the Administrator will issue a temporary variance if a regulated entity can demonstrate that

complying with the rule would be technologically or economically infeasible, and if the regulated entity proposes a plan by which compliance will be achieved as expeditiously as possible. A variance will cease to be effective upon the failure of an entity to comply with any term or condition of the variance. Upon the application of any party, the Administrator may review and, for good cause, modify or revoke a variance after holding a public hearing. From December to early March, the EPA received twenty requests for variances from the two rules. Table 1 lists those companies requesting variances from the Consumer Products Rule. Table 2 lists those companies requesting variances from the Automobile Refinish Coatings Rule. These variance requests are currently undergoing review.

Table 1.--Variance Requests: Consumer Products Rule ------------------------------------------------------------------------ Company Location Summary of request ------------------------------------------------------------------------ Waldwick Plastics Corporation. Waldwick, New Waldwick requested a Jersey. variance from the VOC limits for seven deodorizing products that would expire June 30, 1999. Cul-Mac Industries, Inc....... Wayne, Michigan.. Cul-Mac requested a variance to modify dilution ratios for a windshield washer solvent. They requested a variance that would expire July 1999. Taylor Labs, Inc.............. Chattanooga, Taylor Labs requested Tennessee. a 1 to 2 year variance from the date code requirements. They requested that dating the outer delivery packaging be acceptable rather than date coding individual packages within. Selig Chemical Industries..... Atlanta, Georgia. Selig requested a variance from the date coding requirements. They requested that, in lieu of data stamping their products, they be allowed to use hang tags until they obtain encoding equipment to date stamp their products. They have requested a variance that would expire November 1999. Carroll Company............... Garland, Texas... Carroll requested a variance that would expire January 2001 to allow sufficient time to purchase date coding equipment. Ocean Coffee Company.......... Shreveport, LA... Ocean Coffee Company requested a five- year variance to acquire a supply of product in small quantities. They claim they are unable to find compliant products in quantities small enough to be economically feasible for them. Chemtech...................... Monroe, Louisiana Chemtech requested a variance that would expire September 1999 to allow them to manually calculate the VOC content of all of their product formulas. ECP Incorporated.............. Oak Brook, ECP requested a Illinois. variance that would expire July 2000 to allow them to reformulate fabric protectors. Pitt Penn Oil Company......... Creighton, Pitt Penn requested a Pennsylvania. variance from the labeling requirements to allow them to deplete a large existing inventory of labels. Pitt Penn did not request a specific time by which compliance would be achieved. Watkins, Inc.................. Winona, Minnesota Watkins requested a five-year variance that would allow them to reformulate several products. Watkins has claimed the information in their request to be confidential. Butcher....................... Alsip, Illinois.. Butcher requested a variance that would expire December 1999 to allow them to reformulate several products. Butcher has claimed the information in their request to be confidential. Amrep, Inc.................... Marietta, Georgia Amrep requested a variance from the labeling requirements of the rule until April 1999. North Carolina Department of Raleigh, North The Department of Corrections. Carolina. Corrections requested a variance to reformulate a non- ammoniated glass cleaner and an ammoniated glass cleaner. They have requested a variance that would expire March 1999. Central Products.............. Montgomery, Central Products Alabama. requested a 1-month variance from the labeling requirements. MEDO Industries............... Tarrytown, New MEDO requested a York. variance that would expire April 1999 to allow them to retrofit their date- coding equipment. Wella......................... Richmond, Wella requested a 1- Virginia. month variance from the labeling requirements. Atco International............ Marietta, Georgia Atco requested a variance from the VOC limits that would expire June 1999. ------------------------------------------------------------------------

Table 2.--Variance Requests: Automobile Refinish Coatings Rule ------------------------------------------------------------------------ Company Location Summary of request ------------------------------------------------------------------------ Finish Technologies........... Walled Lake, Finish Technologies Michigan. has requested a 24- month variance from the rule because their coatings use a solvent which is expected to become an exempt compound. Coventry Coatings, Inc........ Garnerville, New Coventry Coatings has York. requested an 18- month variance to reformulate primer surfacers and clearcoats, and to deplete existing labels. Grow Automotive............... Troy, Michigan... Grow has requested a 6-month variance to develop product literature which will recommend the use of their products in a way that results in compliant coatings. ------------------------------------------------------------------------

Authority: 42 U.S.C. 7511b(e).

March 29, 1999. Robert Perciasepe, Assistant Administrator, OAR. [FR Doc. 99-8255 Filed 4-2-99; 8:45 am] BILLING CODE 6560-50-P