Notice of Proposed Rulemaking - Revision to Volatile Organic Compound Emissions Standards for Consumer Products and Technical Corrections

Summary of Proposed Rulemaking:

This proposed rulemaking revises Chapter 7 of Title 20 DCMR to update and strengthen Volatile Organic Compound ("VOC") emissions standards for consumer products sold or manufactured for sale in the District of Columbia ("District"). The revisions support the District's efforts to reduce ozone pollution following EPA's reclassification of the Washington, DC-Maryland-Virginia region to moderate nonattainment for the 2015 Ozone NAAQS.

In April 2004, the District adopted the Consumer Products Phase I model rule, developed by the Ozone Transport Commission ("OTC"), to address VOC emissions in consumer products. The OTC, a multi-state organization established under the federal Clean Air Act to address ground-level ozone pollution (42 U.S.C. § 7506a), includes the District as a member, as well as other states in the Northeast and Mid-Atlantic regions. The OTC's Consumer Products model rules are designed to reduce ozone in the eastern United States by controlling VOC emissions from consumer products. In December 2011, the District revised its Phase I rule by adopting the OTC's Consumer Products Phase II amendments. Through this rulemaking, the District proposes to incorporate the OTC's 2010 Consumer Products Phase III model rule and its 2012 Consumer Products Phase IV model rule. To date, Maryland, Delaware, New York, Connecticut, Rhode Island, New Hampshire, and New Jersey have adopted the Consumer Products Phase III and Phase IV amendments as part of a regional strategy to reduce ozone. Adoption of the proposed rule by the District will further promote consistency and uniformity in the region's regulation of VOCs, while decreasing ozone in the District.

This proposed rulemaking:

• Amends § 720, the Table of Standards, by adding new regulated categories of consumer products and updating the effective dates and VOC levels for new and existing product categories.
• Moves all existing product category-specific requirements into § 725 to allow for the addition of product category-specific requirements for bathroom and tile cleaners; construction, panel, and floor covering adhesives; electronic cleaners labeled as "energized electronic equipment use only"; general purpose cleaners; oven or grill cleaners; paint thinners; and multi-purpose solvents.
• Eliminates outdated sell-through provisions. DOEE is proposing sell-through provisions for new product categories since many retailers in the District may have non-compliant products available for sale. The amended percentages of VOC content by weight found in § 720.1 would take effect on the first day of the month that follows one hundred eighty (180) days from the effective date of the final rulemaking. This date is referred to in the proposed regulatory text as the "VOC Content Effective Date" and will be replaced with a specific calendar date in the final rulemaking. DOEE seeks specific feedback on these sell-through provisions.
• Amends the definitions of various consumer products, deletes a definition of a category that is no longer necessary, and adds definitions for new categories of regulated consumer products in § 799.
• Includes several minor clarifying and technical corrections to the existing regulations. Specifically, DOEE proposes to correct 20 DCMR §§ 747.9 through 747.11 to clarify the compliance procedures that apply to different VOC regulations of adhesives and sealants and to ensure consistency with the Phase III and IV amendments that corrected the previous version of the OTC model rule on which DOEE's current regulations are based. DOEE is also proposing to update 20 DCMR § 774.8 to correct "gallons per liter" to "grams per liter" for a VOC emissions limit.

DOEE will submit this rulemaking to EPA as an amendment to the District's State Implementation Plan (found at 40 CFR Part 52, subpart J) after the rulemaking is issued as a final rulemaking. To read the proposed changes in detail, see the attached District of Columbia Register notice below.

Parties wishing to provide comments on this proposed rulemaking or its submission as an amendment to the District's SIP must submit their comments in writing within thirty (30) days after publication of this notice in the District of Columbia Register to Mr. Joseph Jakuta by email at [email protected] or by mail or hand delivery to the following address:

DOEE Air Quality Division
ATTN: Joseph Jakuta: VOC Consumer Products
1200 First Street NE, Fifth Floor
Washington, DC 20002

Interested parties may also request a public hearing concerning the subject of the proposed rulemaking and submission of this as an amendment to the District's SIP by submitting such request to the above address or email within thirty (30) days after the publication of this notice in the District of Columbia Register. If a request for a public hearing is received too late to hold a hearing during the public comment period, the comment period will be extended through publication of a subsequent notice.