Notice2026-10535
Notice of Decision on Innovative Product Exemption Applications Under the National Volatile Organic Compound Emission Standards for Consumer Products
Primary source
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Published
May 27, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is providing notification of its final actions on two applications for innovative product exemptions under the National Volatile Organic Compound Emission Standards for Consumer Products. The EPA is providing this notification for public awareness of, and the basis for, the Agency's decision.
Full Text
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<title>Federal Register, Volume 91 Issue 101 (Wednesday, May 27, 2026)</title>
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[Federal Register Volume 91, Number 101 (Wednesday, May 27, 2026)]
[Notices]
[Page 31454]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10535]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-13367-01-OAR]
Notice of Decision on Innovative Product Exemption Applications
Under the National Volatile Organic Compound Emission Standards for
Consumer Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of decisions on applications for innovative product
exemptions.
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SUMMARY: The Environmental Protection Agency (EPA) is providing
notification of its final actions on two applications for innovative
product exemptions under the National Volatile Organic Compound
Emission Standards for Consumer Products. The EPA is providing this
notification for public awareness of, and the basis for, the Agency's
decision.
DATES: May 27, 2026.
FOR FURTHER INFORMATION CONTACT: Kaye Whitfield, Chemicals, Coatings,
and Products Division, Office of Clean Air Programs, U.S. Environmental
Protection Agency, 109 TW Alexander Drive, P.O. Box 12055, Research
Triangle Park, NC 27711; telephone number: (919) 541-2509, email
address: <a href="/cdn-cgi/l/email-protection#99eef1f0edfff0fcf5fdb7f2f8e0fcd9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="9ee9f6f7eaf8f7fbf2fab0f5ffe7fbdefbeeffb0f9f1e8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background and Final Action
On September 11, 1998, pursuant to Clean Air Act (CAA) section
183(e), the EPA issued the National Volatile Organic Compound (VOC)
Emission Standards for Consumer Products (Consumer Products Rule).\1\
The Consumer Products Rule imposes VOC content limits for certain
categories of consumer products manufactured or imported for sale or
distribution in the United States. Regulated entities are, generally,
the manufacturer or importer of the consumer product, and any
distributor that is named on the product label. The Consumer Products
Rule also includes innovative product exemption (IPE) provisions
whereby a product may exceed the applicable VOC content limits ``if the
regulated entity demonstrates that, due to some characteristic of the
product formulation, design, delivery systems, or other factors, the
use of the product will result in equal or less VOC emissions.'' \2\
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\1\ 63 FR 48819.
\2\ 40 CFR 59.204(a).
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On April 4, 2025, Henkel Corporation requested an IPE from the VOC
content limits in the Consumer Products Rule for its hairspray product.
Similarly, on April 22, 2025, PLZ Corporation requested an IPE for its
hairspray product. Both products are subject to an 80 percent VOC
content limit (weight-percent VOC). The EPA reviewed the IPE
applications and supporting documentation submitted by both companies.
After a thorough evaluation, the EPA concluded that the documentation
submitted in support of an IPE by Henkel Corporation and PLZ
Corporation fails to meet the criteria set forth in the EPA's Consumer
Products Rule. Consequently, the EPA denied both companies' requests on
May 22, 2026.
II. Judicial Review
CAA section 307(b)(1) governs judicial review of final actions by
the EPA. The decisions on these IPE applications under the Consumer
Products Rule constitute final agency actions. Under CAA section
307(b)(1), judicial review of this final action is available only by
filing a petition for review in the United States Court of Appeals for
the appropriate Circuit by July 27, 2026. Under CAA section 307(b)(2),
the requirements established by the final actions may not be challenged
separately in any civil or criminal proceeding brought by the EPA to
enforce these requirements.
Aaron Szabo,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2026-10535 Filed 5-26-26; 8:45 am]
BILLING CODE 6560-50-P
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