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

2. Background on Final Rulemaking
EQB, PA DEP AQ
June 17, 2008
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. EQB, PA DEP AQ
June 17, 2008
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. EQB, PA DEP AQ
June 17, 2008
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 §§ and
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. December 26, 2007 – the written public comment period closed.
EQB, PA DEP AQ
June 17, 2008
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
EQB, PA DEP AQ
June 17, 2008
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 §

7. Comments on the Consumer Products
EQB, PA DEP AQ
June 17, 2008
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:
EQB, PA DEP AQ
June 17, 2008
Final-Form Regulation:
Consumer Products
In response to public comments, the definitions in § 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 Coatings Final Rulemaking
EQB, PA DEP AQ
June 17, 2008
Consumer Products and AIM Coatings Final 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 Coatings Final Rulemaking
EQB, PA DEP AQ
June 17, 2008
Consumer Products and AIM Coatings Final Rulemaking
Recommendation
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.

11. Deputy Secretary, Office of Waste, Air and Radiation Management
EQB, PA DEP AQ
June 17, 2008
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