[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Proposed Rules]
[Page 14941-14949]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap09-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 59
[EPA-HQ-OAR-2006-0971; FRL-8788-4]
RIN 2060-AP33
National Volatile Organic Compound Emission Standards for Aerosol
Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to amend the National Volatile Organic
Compound Emission Standards for Aerosol Coatings (aerosol coatings
reactivity rule), which establishes national reactivity-based emission
standards for the aerosol coatings category (aerosol spray paints)
under section 183(e) of the Clean Air Act. This proposed action amends
Table 2A of the aerosol coatings reactivity rule by adding compounds
and associated reactivity factors based on petitions we received; and
by clarifying which volatile organic compounds are to be quantified in
compliance determinations. Additionally, we are proposing certain
changes related to the notice required for a company to certify that it
will assume the responsibility for compliance with record keeping and
reporting requirements for a regulated entity, and taking comment on
whether to change who is liable following such certification. Finally,
this action proposes minor revisions and corrections to the aerosol
coatings reactivity rule.
DATES: Comments must be received on or before May 4, 2009, unless a
public hearing is requested by April 13, 2009. If a hearing is
requested on the proposed rule, written comments must be received by
May 18, 2009.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing concerning the proposed regulation by April 13, 2009, a
public hearing will be held on or about April 17, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0971, by one of the following methods:
[[Page 14942]]
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air and Radiation Docket, Environmental Protection
Agency, Mailcode 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include a total of two copies. We request that a separate
copy also be sent to the contact person identified below (see FOR
FURTHER INFORMATION CONTACT). In addition, please mail a copy of your
comments on the information collection provisions to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attn: Desk Officer for EPA, 725 17 St., NW., Washington, DC
20503.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to the applicable docket. EPA's
policy is that all comments received will be included in the public
docket without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Public Hearing. If a public hearing is held, it will be held at 10
a.m. at Building C on the EPA campus in Research Triangle Park, NC, or
at an alternate site nearby. Persons interested in presenting oral
testimony must contact Ms. Joan C. Rogers, U.S. EPA, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Natural Resources and Commerce Group (E143-03), Research Triangle Park,
North Carolina 27711, telephone number: (919) 541-4487, fax number
(919) 541-3470, e-mail address: rogers.joanc@epa.gov, no later than
April 13, 2009. Persons interested in attending the public hearing must
also call Ms. Rogers to verify the time, date and location of the
hearing. If no one contacts Ms. Rogers by April 13, 2009 with a request
to present oral testimony at the hearing, we will cancel the hearing.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the EPA Docket Center, Public
Reading Room, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1742, and the
telephone number for the Air Docket is (202) 566-1744.
FOR FURTHER INFORMATION CONTACT: For information concerning the aerosol
coatings reactivity rule, contact Ms. J. Kaye Whitfield, U.S. EPA,
Office of Air Quality Planning and Standards, Sector Policies and
Programs Division, Natural Resources and Commerce Group (E143-03),
Research Triangle Park, North Carolina 27711, telephone number: (919)
541-2509, fax number (919) 541-3470, e-mail address:
whitfield.kaye@epa.gov. For information concerning the Clean Air Act
(CAA) section 183(e) consumer and commercial products program, contact
Mr. Bruce Moore, U.S. EPA, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, Natural Resources and
Commerce Group (E143-03), Research Triangle Park, North Carolina 27711,
telephone number: (919) 541-5460, fax number (919) 541-3470, e-mail
address: moore.bruce@epa.gov.
SUPPLEMENTARY INFORMATION: Entities Potentially Affected by This
Action. The entities potentially affected by this regulation encompass
all steps in aerosol coatings operations. This includes manufacturers,
processors, wholesale distributors and retailers who fall within the
regulatory definition of ``distributor,'' importers of aerosol coatings
for sale or distribution in the United States, and manufacturers,
processors, wholesale distributors, and importers who supply the
entities listed above with aerosol coatings for sale or distribution in
interstate commerce in the United States. The entities potentially
affected by this action include:
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NAICS Examples of regulated
Category code a entities
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Paint and Coating Manufacturing... 32551 Manufacturing of
lacquers, varnishes,
enamels, epoxy coatings,
oil and alkyd vehicle,
plastisols,
polyurethane, primers,
shellacs, stains, water
repellant coatings.
All Other Miscellaneous Chemical 325998 Aerosol can filling,
Production and Preparation aerosol packaging
Manufacturing. services.
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\a\ North American Industry Classification System http://www.census.gov/
epcd/www/naics.html.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether you would be affected by this action, you
should examine the applicable industry description in section I.E of
the promulgation preamble, published at 73 FR 15604 (March 24, 2008).
If you have any questions regarding the applicability of this action to
a particular entity, consult
[[Page 14943]]
the appropriate EPA contact listed in the FOR FURTHER INFORMATION
CONTACT section of this notice.
Preparation of Comments. Do not submit information containing CBI
to EPA through www.regulations.gov or e-mail. Send or deliver
information identified as CBI only to the following address: Mr.
Roberto Morales, OAQPS Document Control Officer (C404-02), U.S. EPA,
Office of Air Quality Planning and Standards, Research Triangle Park,
North Carolina 27711, Attention: Docket ID EPA-HQ-OAR-2006-0971.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark
the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposed action will also be available on
the WWW through the Technology Transfer Network (TTN). Following
signature, a copy of the proposed action will be posted on the TTN's
policy and guidance page for newly proposed or promulgated rules at the
following address: http://www.epa.gov/ttn/oarpg/. The TTN provides
information and technology exchange in various areas of air pollution
control.
Organization of This Document. The information presented in this
action is organized as follows:
I. Background
II. Summary of Proposed Amendments to the National Volatile Organic
Compound Emission Standards for Aerosol Coatings
A. Amendments to Tables 2A, 2B, and 2C--Reactivity Factors
B. Clarification to part 59, subpart E
C. The Certification Process for the Assumption of Recordkeeping
and Reporting Obligations
D. Comments Sought on Change in Liability following
Certification under Sec. 59.511(g)
E. Other Revisions
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low- Income
Populations
I. Background
On March 24, 2008, EPA published national emission standards for
aerosol spray paints under section 183(e) of the CAA (73 FR 15604, and
codified in the Code of Federal Regulations at 40 CFR part 59, subpart
E (sections 59.500-59.516)). Section 183(e) of the CAA requires the
control of volatile organic compounds (VOC) emissions from certain
categories of consumer and commercial products for purposes of reducing
VOC emissions contributing to ozone formation and nonattainment of the
ozone national ambient air quality standards. States have previously
promulgated rules for aerosol spray paints based upon reductions of VOC
by mass; however, EPA concluded that a national rule based upon the
relative reactivity approach achieves more reduction in ozone formation
than may be achieved by a mass-based approach for this specific product
category. The regulation revised EPA's regulatory definition of VOC, to
include certain compounds that would otherwise be exempt, in order to
account for all reactive compounds in aerosol coatings that contribute
to ozone formation. Therefore, certain compounds that would not be VOC
under the otherwise applicable definition count towards the applicable
reactivity limits under the regulation.
Originally, the compliance date for the action, as established in
the rule (73 FR 15604), was January 1, 2009. Regulated entities were
required to submit initial notification reports 90 days in advance of
the compliance date; in this case, initial notification reports were
due on October 1, 2008.
Subsequently, on December 24, 2008, EPA published amendments (73 FR
78994) to the rule to move the applicability and initial compliance
dates for aerosol coatings from January 1, 2009, to July 1, 2009, and
make initial notification reports due on the compliance date, as
opposed to 90 days in advance of the compliance date. These changes
were necessary to (1) allow EPA time to conduct this rulemaking, and
add compounds (and their associated reactivity factors) that are
currently used in aerosol coatings, but were not included in Tables 2A,
2B, or 2C; and (2) allow regulated entities sufficient time to develop
initial notification reports based on the revised tables. Making
initial notification reports due on the compliance date results in the
aerosol coatings reactivity rule being more consistent with the
requirements of other 40 CFR part 59 rules, thereby increasing clarity
and avoiding confusion on the part of regulated entities.
The rule (73 FR 15604) also has a provision in Sec. 59.511(j) that
allows regulated entities to petition EPA to add compounds to Tables
2A, 2B, and 2C--Reactivity Factors of subpart E, 40 CFR part 59, which
is one of the subjects of this action.
II. Summary of Proposed Amendments to the National Volatile Organic
Compound Emission Standards for Aerosol Coatings
EPA is proposing to amend the aerosol coatings reactivity rule (73
FR 15604) by (1) revising Table 2A by adding compounds and associated
reactivity factors based on petitions we received; (2) clarifying which
VOC are to be quantified in compliance determinations in 40 CFR part
59, subpart E; (3) proposing certain changes related to the notice
required for a company to certify that it will assume the
responsibility for compliance with record keeping and reporting
requirements for a regulated entity; (4) taking comment on whether to
change who is liable following such certification; and (5) proposing
certain minor revisions and corrections.
A. Amendments to Tables 2A, 2B, and 2C--Reactivity Factors
Section 59.511(j) of the rule (73 FR 15604) allows regulated
entities to petition EPA to add compounds to Tables 2A, 2B, and 2C. For
each compound, the petition must include the chemical name, Chemical
Abstract Service (CAS) number, a statement certifying the intent to use
the compound in an aerosol coatings product, and adequate information
for EPA to evaluate the reactivity of the compound and assign a
reactivity factor consistent with the values for the other compounds
currently on the tables. Through this action, we are proposing to add
128 compounds to Table 2A in response to the petitions we received from
the regulated entities.
Tables 2A, 2B, and 2C list compounds and associated reactivity
factors known
[[Page 14944]]
to be used in aerosol coatings, and currently include 45 individual
compounds, 20 aliphatic hydrocarbon solvent mixtures, and four aromatic
hydrocarbon solvent mixtures. Three regulated entities and one trade
association that obtained certifications on behalf of its member
regulated entities petitioned EPA requesting an additional 168
compounds or mixtures be added to Table 2A. Of the 168 compounds or
mixtures identified by petitioners, we have added reactivity factors
for 122 compounds identified by the petitioners and six compounds
similar to those identified by the petitioners. Twenty-nine compounds
or mixtures identified by the petitioners were already listed or
addressed in Table 2A, 2B, or 2C; six were treated as duplicates; and
five were rejected because no information was provided to determine a
reactivity factor.
Further information is provided in the docket that describes each
of the compounds or mixtures that were identified in the petitions and
how each compound or mixture is being addressed in this proposal. As
indicated previously in section I of this preamble, the applicability,
initial compliance date and initial notification for aerosol coatings
were moved from January 1, 2009, to July 1, 2009 (73 FR 78994) due to
the large number of compounds that we received petitions for and the
necessary review.
B. Clarification to Part 59, Subpart E
In the aerosol coatings reactivity rule (73 FR 15604), we amended
the regulatory definition of VOC in 40 CFR 51.100(s) for the purposes
of determining compliance with the regulation (as described in 40 CFR
part 59--National Volatile Organic Compound Emission Standards for
Consumer and Commercial Products) so that any organic compound in the
volatile portion of an aerosol coating is counted towards the product's
reactivity-based limit (i.e., ``Because even less reactive VOC
contribute to ozone formation, we are amending the regulatory
definition of VOC for purposes of this rule by adding 40 CFR
51.100(s)(7).'') In the text of Sec. 51.100(s)(7) adopted in the March
24, 2008 rule, it was not clear that the compounds listed in both
Sec. Sec. 51.100(s)(1) and 51.100(s)(5) were to be counted as VOC for
determining compliance with the aerosol coatings reactivity rule in 40
CFR part 59. In this action, we are proposing changes to the previously
amended definition of VOC in part 51 to clarify that compounds that are
excluded from the definition of VOC under both 40 CFR 51.100(s)(1) and
(s)(5) are to be counted as VOC for the purposes of determining
compliance with the aerosol coatings reactivity rule in 40 CFR part 59,
subpart E.
C. The Certification Process for the Assumption of Recordkeeping and
Reporting Obligations
As provided in Sec. Sec. 59.501(b)(4), 59.510(b) and 59.511(g), a
manufacturer, importer or distributor may choose to certify that it
will assume the responsibility of maintaining records and submitting
reports required under this subpart for a regulated entity. To assume
that responsibility, the entity making the certification submits a
document as described in Sec. 59.511(g). In this action, EPA is
proposing the following amendments to Sec. 59.511(g):
EPA is proposing to amend Sec. 59.511(g) to call the certification
document a ``notice'' rather than a ``report.'' EPA is proposing this
change because it believes that the word ``notice'' is a more accurate
word to describe the document.
EPA is seeking comment on options for a method to ensure that both
the certifying entity and the regulated entity have full knowledge of
what responsibilities are being assumed by the certifying entity. This
is important because the regulations permit the certifying entity to
assume ``any or all'' of the recordkeeping and reporting requirements
(see Sec. 59.501(b)(4)) and the Sec. 59.511(g) certifying document
must identify the ``specific requirements'' that are being assumed by
the certifying entity. One option is to revise 59.511(g)(4) to require
that both the regulated entity and the certifying entity sign the
document. Currently, the language in Sec. 59.511(g)(4) provides that
the document will be signed by ``the company'' without specifying
whether this refers to the certifying entity or the regulated entity.
Industry representatives have requested that EPA clarify that only the
certifying entity must sign the notice before the certifying entity can
assume the regulated entity's recordkeeping and reporting
responsibilities, explaining that requiring the certifying entity to
obtain the signature of the regulated entity would be burdensome. A
second option is to require the certifying entity to send the 59.511(g)
notice to the regulated entity at the same time as it sends it to EPA.
EPA seeks comments on these options in order to determine the
appropriate balance between (1) ensuring that both parties have full
knowledge of what responsibilities are being assumed by the certifying
entity, and (2) ensuring that the certification process is not
burdensome.
EPA is proposing to amend Sec. 59.511(g)(3) to provide a more
detailed description of what responsibilities are being assumed by the
certifying entity and other related information about the division of
responsibility between the certifying entity and regulated entity and
how the recordkeeping and reporting requirements will be met. EPA seeks
comments on what additional details should be provided and what
additional burdens this would impose.
EPA is proposing to add a provision to Sec. 59.511(g) (to be
numbered (g)(4)) requiring that the certifying document contain a
statement that the certifying entity understands that the failure to
fulfill the responsibilities that it is assuming may result in an
enforcement action against it.
In addition to these proposed amendments to Sec. 59.511(g), EPA is
proposing certain amendments to provisions related to the notices in
Sec. 59.511(g):
EPA is proposing to add the word ``distributors'' to Sec.
59.501(b)(4) to make clear that distributors as well as manufacturers
and importers can be a certifying entity. The language currently in
Sec. 59.501(b)(4) only refers to ``manufacturers and importers,''
while the language in Sec. 59.511(g) refers to ``manufacturers,
importers and distributors.'' This amendment will make these two
provisions consistent and avoid any confusion as to whether
distributors may be a certifying entity.
EPA is proposing to amend Sec. 59.510(b) to replace the phrase
``certifying manufacturer'' with ``certifying entity'' in order to make
clear that Sec. 59.510(b) applies to all certifying entities and not
just those certifying entities who are manufacturers.
EPA is also requesting comment on whether the 59.511(g) notice
should be a certain form or contain certain language to fulfill the
requirements of this section.
D. Comments Sought on Change in Liability following Certification Under
Sec. 59.511(g)
Currently, Sec. Sec. 59.501(b), 59.510(a), 59.511(a) provide that
a regulated entity is responsible for recordkeeping and reporting
requirements if no other entity (the ``certifying entity'') has
certified that it will assume the responsibility for such requirements
under the provisions in Sec. 59.511(g). EPA is seeking comment on
whether the regulations should provide that both the certifying entity
and the regulated entity are liable for the recordkeeping and reporting
requirements covered by a notice submitted under Sec. 59.511(g), such
that
[[Page 14945]]
both would be liable for the failure to keep records or submit reports
and for inaccurate records or reports.
E. Other Revisions
Finally, in this action, we will propose minor revisions and edits
to include corrections to EPA regional office addresses, and several
minor changes and corrections in Table 2A. Specifically, we deleted the
listing for Di (2-ethylhexyl phthalate) (CAS 117-81-7) for which there
is no applicable reactivity factor; eliminated a duplicate listing of
Butanol (CAS 71-36-3); and corrected the CAS number for Isobutane (CAS
75-28-5) and the reactivity factor for Ethylene Glycol Monobutyl Ether
[2-Butoxyethanol] (CAS 111-76-2). Given the multiple ways to name
individual organic compounds, we have sorted Table 2A according to CAS
number to make it easier for regulated entities to find a specific
chemical. Classes of compounds for which there is no specific CAS
number are listed at the end of the table.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action,'' as it raises novel
legal or policy issues. Accordingly, EPA submitted this action to OMB
for review under EO 12866 and any changes made in response to OMB
recommendations have been documented in the docket for this action.
B. Paperwork Reduction Act
This action does not impose any new information collection burden;
it only proposes amendments and minor corrections to the aerosol
coatings reactivity rule by (1) adding compounds and associated
reactivity factors based on petitions we received; (2) clarifying which
volatile organic compounds are to be quantified in compliance
determinations; (3) proposing certain changes related to the notice
required for a company to certify that it will assume the
responsibility for compliance with record keeping and reporting
requirements for a regulated entity; and by (4) proposing certain minor
revisions and corrections.
However, the OMB has previously approved the information collection
requirements contained in the existing regulations, i.e., the National
Volatile Organic Compound Emission Standards for Aerosol Coatings, 40
CFR part 59, subpart E (73 FR 15604, March 24, 2008) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0617. The OMB control numbers for
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any new requirements on small entities.
We have determined that small businesses will not incur any adverse
impacts because EPA is taking this action to propose minor corrections
and amendments to the Aerosol Coatings final rule, and these
corrections and amendments do not create any new requirements or
burdens. No costs are associated with these amendments.
We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.
D. Unfunded Mandates Reform Act
This proposed rule does not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
tribal governments, in the aggregate, or the private sector in any one
year. This action only proposes amendments and minor corrections to the
aerosol coatings reactivity rule by (1) adding compounds and associated
reactivity factors based on petitions we received; (2) clarifying which
volatile organic compounds are to be quantified in compliance
determinations; (3) proposing certain changes related to the notice
required for a company to certify that it will assume the
responsibility for compliance with record keeping and reporting
requirements for a regulated entity; and (4) proposing certain minor
revisions and corrections. Thus, this rule is not subject to the
requirements of sections 202 or 205 of the Unfunded Mandates Reform Act
(UMRA).
This proposed rule is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments.
E. Executive Order 13132: Federalism
EO 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by state and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the EO to include
regulations that have ``substantial direct effects on the states, on
the relationship between the national government and the states, or on
the distribution of power and responsibilities among the various levels
of government.''
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in EO 13132. This action only proposes amendments and
minor corrections to the aerosol coatings reactivity rule by (1) adding
compounds and associated reactivity factors based on petitions we
received; (2) clarifying which volatile organic compounds are to be
quantified in compliance determinations; (3) proposing certain changes
related to the notice required for a company to certify that it will
assume the responsibility for compliance with record keeping and
reporting requirements for a regulated entity; and (4) proposing
certain minor revisions and corrections. Thus, EO 13132 does not apply
to this rule.
In the spirit of EO 13132, and consistent with EPA policy to
promote communications between EPA and state and local governments, EPA
specifically solicits comment on this proposed rule from state and
local officials.
[[Page 14946]]
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in EO
13175 (65 FR 67249, November 9, 2000.) This action will not impose any
new obligations or enforceable duties on tribal governments.
EPA specifically solicits additional comment on this proposed
action from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in EO
13211 (66 FR 28355 (May 22, 2001)), because it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Further, we have concluded that this rule is not likely to have
any adverse energy effects because EPA is taking this action to propose
minor corrections and amendments to the Aerosol Coatings final rule,
and these corrections and amendments do not create any new
requirements.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EO 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive
policy on environmental justice. Its main provision directs federal
agencies, to the greatest extent practicable and permitted by law, to
make environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States.
EPA has concluded that it is not practicable to determine whether
there would be disproportionately high and adverse human health or
environmental effects on minority and/or low income populations from
this proposed rule. The proposed rule only makes amendments and minor
corrections to the aerosol coatings reactivity rule by (1) adding
compounds and associated reactivity factors based on petitions we
received; (2) clarifying which volatile organic compounds are to be
quantified in compliance determinations; (3) proposing certain changes
related to the notice required for a company to certify that it will
assume the responsibility for compliance with record keeping and
reporting requirements for a regulated entity; and by (4) proposing
certain minor revisions and corrections.
List of Subjects
40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compound,
Consumer products, Aerosol products, Aerosol coatings, Consumer and
commercial products.
40 CFR Part 59
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: March 25, 2009.
Lisa P. Jackson,
Administrator.
For the reasons set out in the preamble, parts 51 and 59 of title
40, Chapter I of the Code of Federal Regulations are proposed to be
amended as follows:
PART 51--[AMENDED]
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C 7401-7671q.
2. Section 51.100(s)(7) is revised to read as follows:
Sec. 51.100 Definitions.
* * * * *
(s) * * *
(7) For the purposes of determining compliance with EPA's aerosol
coatings reactivity based regulation (as described in 40 CFR part 59--
National Volatile Organic Compound Emission Standards for Consumer and
Commercial Products) any organic compound in the volatile portion of an
aerosol coating is counted towards the product's reactivity-based
limit, as provided in 40 CFR part 59, subpart E. Therefore, the
compounds that are used in aerosol coating products and that are
identified in paragraphs (s)(1) or (s)(5) of this section as excluded
from EPA's definition of VOC are to be counted towards a product's
reactivity limit for the purposes of determining compliance with EPA's
aerosol coatings reactivity-based national regulation, as provided in
40 CFR part 59, subpart E.
* * * * *
PART 59--[AMENDED]
3. The authority citation for part 59 continues to read as follows:
Authority: 42 U.S.C 7414 and 7511b(e).
4. Section 59.501 is amended by revising paragraph (b)(4) to read
as follows:
Sec. 59.501 Am I subject to this subpart?
* * * * *
(b) * * *
(4) If you are a manufacturer, importer, or distributor, you can
choose to certify that you will provide any or all of the recordkeeping
and reporting requirements of Sec. Sec. 59.510 and 59.511 by following
the procedures of Sec. Sec. 59.511(g) and 59.511(h).
* * * * *
5. Section 59.510(b) is amended by revising paragraph (b) to read
as follows:
Sec. 59.510 What records am I required to maintain?
* * * * *
(b) By providing the written certification to the Administrator in
accordance with Sec. 59.511(g), the certifying entity accepts
responsibility
[[Page 14947]]
for compliance with the recordkeeping requirements of this section with
respect to any products covered by the written certification, as
detailed in the written certification. Failure to maintain the required
records may result in enforcement action by EPA against the certifying
entity in accordance with the enforcement provisions applicable to
violation of these provisions by regulated entities. If the certifying
entity revokes its certification, as allowed by Sec. 59.511(h), the
regulated entity must assume responsibility for maintaining all records
required by this section.
6. Section 59.511 is amended by revising paragraphs (g)
introductory text, (g)(3), and (g)(4), to read as follows:
Sec. 59.511 What notifications and reports must I submit?
* * * * *
(g) If you are a manufacturer, importer, or distributor who chooses
to certify that you will maintain records for a regulated entity for
all or part of the purposes of Sec. 59.510 and this section, you must
submit a notice to the appropriate Regional Office listed in Sec.
59.512. This notice must include the information contained in
paragraphs (g)(1) through (g)(4) of this section.
* * * * *
(3) Description of specific requirements in Sec. 59.510 and this
section for which you are assuming responsibility and explanation of
how all required information under this subpart will be maintained and
submitted, as required, by you or the regulated entity; including
identification of the products covered by the notice and the location
or locations where the records will be maintained; and
(4) A statement that the certifying entity understands that the
failure to fulfill the responsibilities that it is assuming may result
in an enforcement action in accordance with the enforcement provisions
applicable to violation of these provisions by regulated entities.
* * * * *
7. Section 59.512 is amended to revise the addresses for Regions I,
IV, VII, and VIII to read as follows:
Sec. 59.512 Addresses of EPA regional offices.
* * * * *
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont), Director, Office of Environmental Stewardship, 1
Congress St., Suite 1100, Boston, MA 02114-2023.
* * * * *
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee) Director, Air Pesticides and
Toxics, Management Division, Atlanta Federal Center, 61 Forsyth Street,
SW., Atlanta, GA 30303-3104.
* * * * *
EPA Region VII (Iowa, Kansas, Missouri, Nebraska) Director, Air Toxics
Division, 901 North 5th Street, Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming) Director, Air and Toxics Division, 1595 Wynkoop Street,
Denver, CO 80202-1129.
* * * * *
8. Table 2A to subpart E of part 59--Reactivity Factors is revised
to read as follows:
Table 2A to Subpart E of Part 59--Reactivity Factors
------------------------------------------------------------------------
Reactivity
Compound CAS No. factor
------------------------------------------------------------------------
Formaldehyde.............................. 50-00-0 8.97
Glycerol (1,2,3-Propanetriol)............. 56-81-5 3.27
Propylene Glycol.......................... 57-55-6 2.75
Ethanol................................... 64-17-5 1.69
Formic Acid............................... 64-18-6 0.08
Acetic Acid............................... 64-19-7 0.71
Methanol.................................. 67-56-1 0.71
Isopropyl Alcohol (2-Propanol)............ 67-63-0 0.71
Acetone (Propanone)....................... 67-64-1 0.43
n-Propanol (n-Propyl Alcohol)............. 71-23-8 2.74
n-Butyl Alcohol (Butanol)................. 71-36-3 3.34
n-Pentanol (Amyl Alcohol)................. 71-41-0 3.35
Benzene................................... 71-43-2 0.81
1,1,1-Trichloroethane..................... 71-55-6 0.00
Propane................................... 74-98-6 0.56
Vinyl Chloride............................ 75-01-4 2.92
Acetaldehyde.............................. 75-07-0 6.84
Methylene Chloride (Dichloromethane)...... 75-09-2 0.07
Ethylene Oxide............................ 75-21-8 0.05
Isobutane................................. 75-28-5 1.35
HFC-152A (1,1-Difluoroethane)............. 75-37-6 0.00
Propylene Oxide........................... 75-56-9 0.32
t-Butyl Alcohol........................... 75-65-0 0.45
Methyl t-Butyl Ketone..................... 75-97-8 0.78
Isophorone (3,5,5-Trimethyl-2- 78-59-1 10.58
Cyclohexenone)...........................
Isopentane................................ 78-78-4 1.68
Isobutanol................................ 78-83-1 2.24
2-Butanol (s-Butyl Alcohol)............... 78-92-2 1.60
Methyl Ethyl Ketone (2-Butanone).......... 78-93-3 1.49
Monoisopropanol Amine (1-Amino-2-Propanol) 78-96-6 13.42
Trichloroethylene......................... 79-01-6 0.60
Propionic Acid............................ 79-09-4 1.16
Acrylic Acid.............................. 79-10-7 11.66
Methyl Acetate............................ 79-20-9 0.07
Nitroethane............................... 79-24-3 12.79
Methacrylic Acid.......................... 79-41-4 18.78
[[Page 14948]]
a-Pinene (Pine Oil)....................... 80-56-8 4.29
Methyl Methacrylate....................... 80-62-6 15.84
Naphthalene............................... 91-20-3 3.26
Xylene, ortho-............................ 95-47-6 7.49
o-Cresol.................................. 95-48-7 2.34
1,2,4-Trimethylbenzene.................... 95-63-6 7.18
3-Pentanone............................... 96-22-0 1.45
Methyl Ethyl Ketoxime (Ethyl Methyl Ketone 96-29-7 22.04
Oxime)...................................
Gamma-Butyrolactone....................... 96-48-0 1.15
Ethyl Lactate............................. 97-64-3 2.71
Isobutyl Isobutyrate...................... 97-85-8 0.61
Isobutyl Methacrylate..................... 97-86-9 8.99
Butyl Methacrylate........................ 97-88-1 9.09
PCBTF (p-Trifluoromethyl-Cl-Benzene)...... 98-56-6 0.11
Cumene (Isopropyl Benzene)................ 98-82-8 2.32
a-Methyl Styrene.......................... 98-83-9 1.72
Ethyl Benzene............................. 100-41-4 2.79
Styrene................................... 100-42-5 1.95
Benzaldehyde.............................. 100-52-7 0.00
Triethanolamine........................... 102-71-6 2.76
2-Ethyl-Hexyl Acetate..................... 103-09-3 0.79
2-Ethyl-Hexyl Acrylate.................... 103-11-7 2.42
2-Ethyl-1-Hexanol (Ethyl Hexyl Alcohol)... 104-76-7 2.20
Ethyl Propionate.......................... 105-37-3 0.79
s-Butyl Acetate........................... 105-46-4 1.43
n-Propyl Propionate....................... 106-36-5 0.93
Xylene, para-............................. 106-42-3 4.25
p-Dichlorobenzene......................... 106-46-7 0.20
Dimethyl Succinate........................ 106-65-0 0.23
1,2-Epoxybutane (Ethyl Oxirane)........... 106-88-7 1.02
n-Propyl Bromide.......................... 106-94-5 0.35
Butane.................................... 106-97-8 1.33
1,3-Butadiene............................. 106-99-0 13.58
Ethylene Glycol........................... 107-21-1 3.36
2-Methyl-2,4-Pentanediol.................. 107-41-5 1.04
Isohexane Isomers......................... 107-83-5 1.80
Methyl n-Propyl Ketone (2-Pentanone)...... 107-87-9 3.07
Propylene Glycol Monmethyl Ether (1- 107-98-2 2.62
Methoxy-2-Propanol)......................
n,n-Dimethylethanolamine.................. 108-01-0 4.76
1-Nitropropane............................ 108-03-2 16.16
Vinyl Acetate............................. 108-05-4 3.26
Methyl Isobutyl Ketone.................... 108-10-1 4.31
Isopropyl Acetate......................... 108-21-4 1.12
Propylene Carbonate (4-Methyl-1,3-Dioxolan- 108-32-7 0.25
2one)....................................
Xylene, meta-............................. 108-38-3 10.61
Propylene Glycol Monomethyl Ether Acetate 108-65-6 1.71
(1-Methoxy-2-Propyl Acetate).............
1,3,5-Trimethyl Benzene................... 108-67-8 11.22
Di-Isobutyl Ketone (2,6-Dimethyl-4- 108-83-8 2.94
Heptanone)...............................
Methylcyclohexane......................... 108-87-2 1.99
Toluene................................... 108-88-3 3.97
Monochlorobenzene......................... 108-90-7 0.36
Cyclohexanol.............................. 108-93-0 2.25
Cyclohexanone............................. 108-94-1 1.61
n-Butyl Butyrate.......................... 109-21-7 1.12
Propyl Acetate............................ 109-60-4 0.87
Pentane................................... 109-66-0 1.54
Ethylene Glycol Monomethyl Ether (2- 109-86-4 2.98
Methoxyethanol)..........................
Tetrahydrofuran........................... 109-99-9 4.95
Methyl Isoamyl Ketone (5-Methyl-2- 110-12-3 2.10
Hexanone)................................
Isobutyl Acetate.......................... 110-19-0 0.67
Methyl Amyl Ketone........................ 110-43-0 2.80
Hexane.................................... 110-54-3 1.45
n-Propyl Formate.......................... 110-74-7 0.93
2-Ethoxyethanol........................... 110-80-5 3.78
Cyclohexane............................... 110-82-7 1.46
Morpholine................................ 110-91-8 15.43
Dipropylene Glycol........................ 110-98-5 2.48
Ethylene Glycol Monoethyl Ether Acetate (2- 111-15-9 1.90
Ethoxyethyl Acetate).....................
Diethylenetriamine........................ 111-40-0 13.03
Diethanolamine............................ 111-42-2 4.05
Diethylene Glycol......................... 111-46-6 3.55
[[Page 14949]]
n-Octane.................................. 111-65-9 1.11
2-Butoxy-1-Ethanol (Ethylene Glycol 111-76-2 2.90
Monobutyl Ether).........................
Diethylene Glycol Methyl Ether (2-(2- 111-77-3 2.90
Methoxyethoxy) Ethanol)..................
n-Nonane.................................. 111-84-2 0.95
2-(2-Ethoxyethoxy) Ethanol................ 111-90-0 3.19
Ethylene Glycol Monobutyl Ether Acetate (2- 112-07-2 1.67
Butoxyethyl Acetate).....................
2-(2-Ethoxyethoxy) Ethyl Acetate.......... 112-15-2 1.50
2-(2-Butoxyethoxy)-Ethanol................ 112-34-5 2.70
Dimethyl Ether............................ 115-10-6 0.93
Triethylamine............................. 121-44-8 16.60
2-Phenoxyethanol; Ethylene Glycol Phenyl 122-99-6 3.61
Ether....................................
Diacetone Alcohol......................... 123-42-2 0.68
2,4-Pentanedione.......................... 123-54-6 1.02
Butanal................................... 123-72-8 6.74
Butyl Acetate, n.......................... 123-86-4 0.89
2-(2-Butoxyethoxy) Ethyl Acetate.......... 124-17-4 1.38
2-Amino-2-Methyl-1-Propanol............... 124-68-5 15.08
Perchloroethylene......................... 127-18-4 0.04
Ethanolamine.............................. 141-43-5 5.97
Ethyl acetate............................. 141-78-6 0.64
Heptane................................... 142-82-5 1.28
n-Hexyl Acetate (Hexyl Acetate)........... 142-92-7 0.87
2-Ethyl Hexanoic Acid..................... 149-57-5 4.41
1,2,3-Trimethyl Benzene................... 526-73-8 11.26
t-Butyl Acetate........................... 540-88-5 0.20
Methyl Isobutyrate........................ 547-63-7 0.70
Methyl Lactate............................ 547-64-8 2.75
Methyl Propionate......................... 554-12-1 0.71
1,2 Butanediol............................ 584-03-2 2.21
n-Butyl Propionate........................ 590-01-2 0.89
Methyl n-Butyl Ketone (2-Hexanone)........ 591-78-6 3.55
Ethyl Isopropyl Ether..................... 625-54-7 3.86
Dimethyl Adipate.......................... 627-93-0 1.95
Methy n-Butyl Ether....................... 628-28-4 3.66
Amyl Acetate (Pentyl Ethanoate, Pentyl 628-63-7 0.96
Acetate).................................
Ethyl n-Butyl Ether....................... 628-81-9 3.86
Ethyl t-Butyl Ether....................... 637-92-3 2.11
1,3-Dioxolane............................. 646-06-0 5.47
Ethyl-3-Ethoxypropionate.................. 763-69-9 3.61
Methyl Pyrrolidone (n-Methyl-2- 872-50-4 2.56
Pyrrolidone).............................
Dimethyl Gluterate........................ 1119-40-0 0.51
Ethylene Glycol 2-Ethylhexyl Ether [2-(2- 1559-35-9 1.71
Ethylhexyloxy) Ethanol]..................
Propylene Glycol Monopropyl Ether (1- 1569-01-3 2.86
Propoxy-2-Propanol)......................
Propylene Glycol Monoethyl Ether (1-Ethoxy- 1569-02-4 3.25
2-Propanol)..............................
2-Methoxy-1-Propanol...................... 1589-47-5 3.01
Methyl t-Butyl Ether...................... 1634-04-4 0.78
Ethylcyclohexane.......................... 1678-91-7 1.75
Isoamyl Isobutyrate....................... 2050-01-3 0.89
2-Propoxyethanol (Ethylene Glycol 2807-30-9 3.52
Monopropyl Ether)........................
n-Butoxy-2-Propanol....................... 5131-66-8 2.70
d-Limonene (Dipentene or Orange Terpene).. 5989-27-5 3.99
Dipropylene Glycol Methyl Ether Isomer (2- 13588-28-8 3.02
[2-Methoxypropoxy]-1-Propanol)...........
Texanol (1,3 Pentanediol, 2,2,4-Trimethyl, 25265-77-4 0.89
1-Isobutyrate)...........................
Isodecyl Alcohol (8-Methyl-1-Nonanol)..... 25339-17-7 1.23
Tripropylene Glycol Monomethyl Ether...... 25498-49-1 1.90
Glycol Ether DPNB (1-(2-Butoxy-1- 29911-28-2 1.96
Methylethoxy) 2-Propanol)................
Propylene Glycol t-Butyl Ether (1-tert- 57018-52-7 1.71
Butoxy-2-Propanol).......................
2-Methoxy-1-Propyl Acetate................ 70657-70-4 1.12
Oxo-Heptyl Acetate........................ 90438-79-2 0.97
2-tert-Butoxy-1-Propanol.................. 94023-15-1 1.81
Oxo-Octyl Acetate......................... 108419-32-5 0.96
C8 Disubstituted Benzenes................. na 7.48
C9 Styrenes............................... na 1.72
------------------------------------------------------------------------
[FR Doc. E9-7300 Filed 4-1-09; 8:45 am]
BILLING CODE 6560-50-P