[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Rules and Regulations]
[Pages 34997-35002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16384]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 59
[AD-FRL-6368-7]
RIN 2060-AE55
National Volatile Organic Compound Emission Standards for
Architectural Coatings; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; corrections and amendments.
-----------------------------------------------------------------------
SUMMARY: On September 11, 1998 (63 FR 48848), EPA published the
``National Volatile Organic Compound Emission Standards for
Architectural Coatings'' under the authority of section 183(e) of the
Clean Air Act (Act). In today's action, we're issuing technical
corrections and clarifications for that rule. Today's action won't
change the volatile organic compound (VOC content limits for
architectural coatings or the level of health protection that the rule
provides. In compliance with the Paperwork Reduction Act (PRA), today's
action also amends the table that lists the Office of Management and
Budget (OMB) control numbers issued under the PRA for the architectural
coatings regulation.
DATES: The effective date is June 30, 1999.
ADDRESSES: Technical Support Documents. The promulgated regulation is
supported by two background information documents: one specific to the
architectural coatings rule, and one that addresses comments on the
study and Report to Congress under section 183(e). You can obtain both
documents from the docket for the architectural coatings rule (see
below); through the Internet at http://www.epa.gov/ttn/uatw/183e/aim/
aimpg.html; or from the U.S. Environmental Protection Agency Library
(MD-35), Research Triangle Park, North Carolina 27711, telephone (919)
541-2777. Please refer to ``National Volatile Organic Compound Emission
Standards for Architectural Coatings--Background for Promulgated
Standards,'' EPA-453/R-98-006b, or ``Response to Comments on Section
183(e) Study and Report to Congress,'' EPA-453/R-98-007.
Docket. Docket No. A-92-18 contains information considered by EPA
in developing the promulgated standards and this action. You can
inspect the docket and copy materials from 8 a.m. to 5:30 p.m., Monday
through Friday, excluding legal holidays. The docket is located at the
EPA's Air and Radiation Docket and Information Center, Waterside Mall,
Room M1500, 1st Floor, 401 M Street, SW, Washington, DC 20460;
telephone (202) 260-7548 or fax (202) 260-4400. A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT: Ms. Linda Herring at (919) 541-5358,
Coatings and Consumer Products Group, Emission Standards Division (MD-
13), U.S. Environmental Protection Agency, Research Triangle Park,
North Carolina 27711 ([email protected]). Any correspondence
related to compliance with this rule must be submitted to the
appropriate EPA Regional Office listed in Sec. 59.409 of 40 CFR Part 59
(see 63 FR 48848, September 11, 1998).
SUPPLEMENTARY INFORMATION: Regulated Entities. You may be affected by
these rule amendments if you fall into one of the categories in the
following table.
----------------------------------------------------------------------------------------------------------------
SIC
Category NAICS code code Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry.............................. 32551 2851 Manufacturers (which includes packagers and
325510 repackagers) and importers of architectural
coatings that are manufactured for sale or
distribution in the U.S., including all U.S.
territories.
State/local/tribal governments........ ........... ....... State Departments of Transportation that
manufacture their own coatings.
----------------------------------------------------------------------------------------------------------------
Architectural coatings are coatings that are recommended for field
application to stationary structures and their appurtenances, to
portable buildings, to pavements, or to curbs.
Use this table only as a guide because this action may also
regulate other entities. To determine if it regulates your facility,
business, or organization, carefully examine the applicability criteria
in Sec. 59.400 of 40 CFR part 59. If you have questions about how it
applies, contact Linda Herring (see FOR FURTHER INFORMATION CONTACT
section of this preamble).
I. Technical Corrections
The EPA published in the Federal Register of September 11, 1998 (63
FR 48848), the final rule regulating VOC emissions from architectural
coatings. The preamble and rule (FR Doc. 98-22659) contain errors and
require clarification. Thus, we're correcting and clarifying the rule
as follows.
1. We are adding a definition for the term ``megagram'' to
Sec. 59.401. We are adding this definition at the request of some
regulated entities to assist them in understanding and applying the
units of measure used in the rule.
2. We are correcting Sec. 59.402(a) by adding a sentence to the end
of paragraph (a) to clarify that we'll use
[[Page 34998]]
metric units, rather than English units, to determine compliance.
3. We are correcting Sec. 59.402(c)(1), (c)(3) through (c)(8), and
(c)(15), to use consistent terminology throughout the section. We are
removing the phrases ``are also recommended for use as'' and ``are
recommended for use as,'' and replacing them with the phrase ``also
meet the definition for.''
4. We are correcting Sec. 59.402(c)(13) by adding the word
``sealers,'' which we omitted by mistake in the published rule.
5. We are adding a paragraph (16) to Sec. 59.402(c). This addition
corrects an inadvertent overlap between the definitions for zone
marking coating and traffic marking coating.
6. We are adding a paragraph (17) to Sec. 59.402(c). This addition
corrects an inadvertent overlap between the definitions for rust
preventative coatings and primers and undercoaters.
7. We are correcting the definition for the term ``Volume
Manufactured or Imported'' in equation 2, which is referenced in
Sec. 59.403(c). This change clarifies that for the exceedance fee, you
must include the volume of any water and exempt compounds in the
coating and exclude the volume of colorant added to tint bases when
calculating the volume manufactured or imported.
8. We are adding a sentence to the end of Sec. 59.404(a)(1). This
addition clarifies that you must use metric units, not English units,
to determine compliance.
9. We are correcting Sec. 59.404(a)(4) by removing the erroneous
cross-reference to Sec. 59.408(f), which does not exist.
10. We are adding a sentence to the end of Sec. 59.404(b) to
clarify that the VOC amount used in the tonnage exemption calculations
excludes the volume of any colorant added to tint bases.
11. We are correcting the definition for the term
``VOCC'' in equation 3, which is referenced in
Sec. 59.404(b). This change is necessary to be consistent with the
clarifying changes to the terms used in equation 4, described in change
numbers 12 and 14 below. The change is intended to distinguish between
the term ``VOCC'' and the new term ``VOC Amount'' in
equation 4.
12. We are replacing the term ``VOC Content'' with ``VOC Amount''
in equation 4, which is referenced in Sec. 59.404(b). We're replacing
the term ``VOC Content'' with ``VOC Amount'' to distinguish this term
from the term ``VOC Content.'' The term ``VOC Amount'' in equation 4 is
used only for calculating the grams VOC per liter of each coating
claimed under the tonnage exemption. The VOC amount in equation 4
includes the volume of water and exempt compounds (see change number 13
below). The ``VOC Content'' in Sec. 59.406 is used for calculating the
trams VOC per liter of each coating to determine compliance with the
VOC content limits. The VOC content in Sec. 59.406 excludes the volume
of any water and exempt compounds, except for low solids stains and low
solids wood preservatives.
13. We are correcting the definition for the term ``Volume
Manufactured or Imported'' in equation 4, which is referenced in
Sec. 59.404(b), to clarify that for the tonnage exemption, the volume
of coating is calculated including the volume of any water and exempt
compounds, and excluding the volume of any colorant added to tint
bases.
14. We are removing the term and definition of ``VOC Content'' in
equation 4, which is referenced in Sec. 59.404(b), and replacing it
with the term and definition of ``VOC Amount.'' We're adding a
definition for the new term ``VOC Amount'' to clarify that for the
tonnage exemption, you determine the VOC amount by calculating the
grams of VOC in each liter of coating including the volume of any water
and exempt compounds. Colorant added to tint bases is not included in
this calculation, and the reference to it in the final rule which we
are correcting was in error.
15. We are correcting Sec. 59.405(a)(3)(i) and (ii) to allow you to
label the VOC content in either metric or English units.
16. We are correcting Sec. 59.407(b)(5) to make this paragraph
concerning recordkeeping for the exceedance fee consistent with the
definition of ``Volume Manufactured or Imported'' in Equation 2.
17. We are correcting Sec. 59.407(c)(2) to make this paragraph
concerning recordkeeping for the tonnage exemption consistent with the
definition for ``VOC Amount'' in equation 4.
18. We are correcting Sec. 59.407(c)(3), to reflect EPA's intent
for the tonnage exemption: Records must be kept of the volume of
coating manufactured or imported, not the sales volume.
19. We are correcting the first sentence of Sec. 59.408(b) to
reflect EPA's intent that the deadline for submitting the initial
notification report for coatings registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) is March 13, 2000;
and the deadline for submitting the report for all other coatings
subject to the rule is September 13, 1999.
20. We are correcting Sec. 59.408(d)(5) to make this paragraph
concerning reporting for the exceedance fee consistent with the revised
definition for ``Volume Manufactured or Imported'' in equation 2.
21. We are correcting Sec. 59.408(e)(2) to make this paragraph
concerning reporting for the tonnage exemption consistent with the
definition for ``VOC Amount'' in equation 4.
22. We are correcting Sec. 59.408(e)(3) to reflect EPA's intent
that reports be submitted for the volume of coating manufactured or
imported, not the sales volume.
23. We are correcting the addresses for EPA Regional Offices. These
are administrative changes of addresses of EPA Regional Offices
necessary to ensure that submittals by regulated entities reach the
correct EPA address.
24. In the third column of table to Subpart D--Volatile Organic
Compound (VOC) Content Limits for Architectural Coatings, for Anti-
fouling coatings, we are correcting the number of pounds VOC per gallon
to read ``3.8.'' The number ``3.3'' was a typographical error.
We're making these technical corrections effective immediately. By
issuing these technical corrections directly as a final rule, we're
foregoing an opportunity for public comment on a notice of proposed
rulemaking. Section 553(b) of title 5 of the United States Code
(U.S.C.) and section 307(b) of the Act permit an agency to forego
notice and comment when ``the Agency for good cause finds (and
incorporates the finding and brief statement of reasons therefore in
the rule issues) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest.'' We
find that notice and comment regarding these minor technical
corrections are unnecessary because the corrections are not
controversial and don't substantively change the requirements of the
architectural coatings rule. We find that this constitutes good cause
under 5 U.S.C. 553(b) and section 307(b) of the Act for a determination
that the issuance of a notice of proposed rulemaking is unnecessary.
Amendment to 40 CFR Part 9
Today, we're amending the table of currently approved information
collection request (ICR) control numbers issued by OMB for various EPA
regulations. The amendment updates the table to list those information
collection requirements promulgated under the ``National Volatile
Organic Compound Emission Standards for Architectural Coatings,'' which
appeared in the Federal Register on September 11, 1998, at 63 FR 48848.
The affected regulations are codified at 40 CFR part 59. We'll continue
to present the OMB control numbers in a
[[Page 34999]]
consolidated table format to be codified in 40 CFR part 9 of the EPA's
regulations, and in each CFR volume containing EPA regulations. The
table lists CFR sections with reporting, recordkeeping, or other
information collection requirements, and the current OMB control
numbers. This listing of the OMB control numbers and their subsequent
codification in the CFR satisfy the requirements of the PRA (44 U.S.C.
3501, et seq.) and OMB's implementing regulations at 5 CFR part 1320.
The ICR was subject to public notice and comment before OMB's
approval. Due to the technical nature of the table, we find there is
``good cause'' under section 553(b)(B) of the Administrative Procedure
Act (5 U.S.C. 553(b)(B)) to amend this table without prior notice and
comment.
Administrative Requirements
A. Docket
The docket is an organized and complete file of all the information
that we considered in developing the rule and today's technical
amendments. The docket is a dynamic file, since we add material
throughout the rulemaking development. The docketing system allows you
to identify and locate documents so you can participate in the
rulemaking process. Along with the statement of basis and purpose of
the proposed and promulgated standards and EPA responses to significant
comments, the contents of the docket will serve as the record in case
of judicial review (see 42 U.S.C. 7607(d)(7)(A)).
B. Paperwork Reduction Act
The OMB has approved the information collection requirements of the
previously promulgated rule under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501, et seq., and has assigned OMB Control
Number 2060-0393. A copy of the ICR No. 1750.02 may be obtained from
Sandy Farmer, OPPE Regulatory Information Division, U.S. Environmental
Protection Agency (2137), 401 M Street, SW, Washington, DC 20460, or by
calling (202) 260-2740. The information collection requirements were
effective upon OMB's approval on January 8, 1999.
Today's amendments to the rule will have no effect on the estimates
of the information collection burden. The technical changes are
clarifications of requirements and don't impose additional
requirements. Therefore, we haven't revised the ICR.
Today's action amends 40 CFR part 9 by adding the architectural
coatings ICR to section 9.1, OMB approvals under the PRA.
C. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether a regulatory action is ``significant'' and
therefore subject to OMB review and the requirements of the Executive
Order. The Executive Order defines ``significant regulatory action'' is
one that is likely to result in a rule that may:
1. Have an annual effect on the economy of $100 million or more
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
2. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
3. Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or
4. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The regulation published on September 11, 1998 was considered a
``significant regulatory action'' under criterion (4) above, based on
the novel use of economic incentives (an exceedance fee) for this
industry. Therefore, EPA submitted the final rule to OMB for review
before publication. Today's amendments to the rule include minor
technical corrections and clarifications to several rule requirements.
Therefore, EPA determined that this action is not significant and does
not require OMB review.
D. Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local,
or tribal government, unless the Federal Government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the OMB a
description of the extent of EPA's prior consultation with
representatives of affected State, local, and tribal governments, the
nature of their concerns, copies of any written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, Executive Order 12875 requires EPA to develop
an effective process permitting elected officials and other
representatives of State, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
In compliance with Executive Order 12875, EPA involved State and
local governments in the development of the rule published on September
11, 1998. Today's action does not create a mandate upon State, local,
or tribal governments because it clarifies and makes minor technical
corrections to several rule requirements and it does not impose any
additional requirements. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to this rule.
E. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to OMB, in a separately identified section of
the preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected
officials and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. The EPA is not aware of any
tribal governments that manufacture or import architectural coatings.
Nevertheless, today's action does not create a mandate upon tribal
governments because it clarifies and makes minor technical corrections
to several rule requirements and it does not impose any additional
requirements. Accordingly, the requirements of section 3(b) of
Executive Order 13084 do not apply to this rule.
[[Page 35000]]
F. Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act of 1996
The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601, et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), requires EPA to give special consideration to the
effect of Federal regulations on small entities and to consider
regulatory options that might mitigate any such impacts. As discussed
in the preamble to the rule published on September 11, 1998 (63 FR
48874-48875), EPA prepared analyses to support both the proposed and
final rules to meet the requirements of the RFA as modified by SBREFA.
For the reasons discussed in the preamble to the rule, EPA believes
that the measures adopted in the final rule will significantly mitigate
the economic impacts on small businesses that might otherwise have
occurred. Today's action is not subject to the requirements of the RFA
as modified by SBREFA because it only makes minor technical corrections
and clarifications to some of the rule's requirements and it does not
impose any additional requirements.
G. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the last
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirement that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that today's action does not include a
Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate, or
to the private sector, in any one year. Therefore, the requirements of
sections 202 and 205 of the UMRA do not apply to this action. The EPA
has likewise determined that today's amendments to the rule do not
include regulatory requirements that would significantly or uniquely
affect small governments. Thus, today's action is not subject to the
requirements of section 203 of the UMRA.
H. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. Sec. 801, et seq., as added
by the SBREFA of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. The EPA will submit a
report containing the rule, its amendments, and other required
information to the United States Senate, the United States House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. Sec. 804(2).
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, Sec. 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., material specifications, test methods,
sampling procedures, business practices, etc.) that are developed or
adopted by voluntary consensus standard bodies. The NTTAA requires EPA
to provide Congress, through OMB, explanations when EPA decides not to
use available and applicable voluntary consensus standards.
For the reasons discussed in the preamble to the final rule (63 FR
48876), EPA determined that its analytical test method for determining
product compliance under the rule is consistent with the requirements
of NTTAA. Today's action does not amend or modify the rule's test
method and, therefore, the requirements of the NTTAA do not apply.
J. Executive Order 13045
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that EPA determines (1) is economically
significant as defined under Executive Order 12866, and (2) for which
the environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by EPA.
Today's action is not subject to Executive Order 13045 because it
is not an economically significant regulatory action as defined by
Executive Order 12866, and it does not address an environmental health
or safety risk that would have a disproportionate effect on children.
List of Subjects in 40 CFR Parts 9 and 59
Environmental protection, Air pollution control, Architectural
coatings, Consumer and commercial products, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: June 21, 1999.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
Technical Corrections
The EPA published in the Federal Register of September 11, 1998 (63
FR 48848), the final rule regulating VOC emissions from architectural
coatings. The preamble and rule (FR Doc. 98-22659) contain errors and
require clarification. Thus, we're correcting and clarifying the
preamble and rule as follows.
A. In the Federal Register issue of September 11, 1998 in FR Doc.
98-22659, on page 48851, second column,
[[Page 35001]]
in the last line of the first paragraph in section II.A., correct the
date ``March 10, 2000'' to read ``March 13, 2000.''
B. In the rule FR Doc. 98-22659 published on September 11, 1998 (63
FR 48848), make the following corrections.
PART 59--[CORRECTED]
Subpart D--[Corrected]
Sec. 59.401 [Corrected]
1. On page 48879, in the second column, correct Sec. 59.401 by
adding immediately before the definition of Matallic pigmented coating
the definition for the term ``megagram'' to read as follows. ``Megagram
means one million grams or 1.102 tons.''
Sec. 59.402 [Corrected]
2. On page 48880, in the third column, correct Sec. 59.402(a) by
adding the following sentence to the end of paragraph (a): ``Compliance
with the VOC content limits will be determined based on the VOC
content, as expressed in metric units.''
3. On page 48880, in the third column, and page 48881, in the first
and third columns, correct Sec. 59.402(c)(1), (c)(3) through (c)(8),
and (c)(15), by removing the phrases ``are also recommended for use
as'' and ``are recommended for use as,'' and replacing them with the
phrase ``also meet the definition for.''
4. On page 48881, in the second column, correct Sec. 59.402(c)(13)
to read: ``Quick-dry primers, sealers, and undercoaters that also meet
the definition for primers, sealers, or undercoaters are subject only
to the VOC content limit in table 1 of this subpart for quick-dry
primers, sealers, and undercoaters.''
5. On page 48881, in the third column, add the following new
paragraph (c)(16) to Sec. 59.402: ``(16) Zone marking coatings that
also meet the definition for traffic marking coatings are subject only
to the VOC content limit in table 1 of this subpart for zone marking
coatings.''
6. On page 48881, in the third column, add the following new
paragraph (c)(17) to Sec. 59.402: ``(17) Rust preventative coatings
that also meet the definition for primers or undercoaters are subject
only to the VOC content limit in table 1 of this subpart for rust
preventative coatings.''
Sec. 59.403 [Corrected]
7. On page 48881, in the first column, correct the definition for
the term ``Volume Manufactured or Imported'' in equation 2, which is
referenced in Sec. 59.403(c), to read: ``The volume of the coating
manufactured or imported per year, in liters, including the volume of
any water and exempt compounds and excluding the volume of any colorant
added to tint bases. Any volume for which a tonnage exemption in
claimed under Sec. 59.404 of this subpart is also excluded.''
Sec. 59.404 [Corrected]
8. On page 48881, in the third column, add the following sentence
to the end of Sec. 59.404(a)(1): ``Compliance with the tonnage
exemption will be determined based on the amount of VOC, as expressed
in metric units.''
9. On page 48881, in the third column, correct Sec. 59.404(a)(4) to
read: ``The reporting requirements of Sec. 59.408(b) and (e) of this
subpart.''
10. On page 48882, in the first column, add the following sentence
to the end of Sec. 59.404(b): ``The VOC amount shall be determined
without colorant that is added after the tint base is manufactured or
imported.''
11. On page 48882, in the third column, correct the definition for
the term ``VOCC'' in equation 3, which is referenced in
Sec. 59.404(b), to read: ``Megagrams of VOC, for each coating (c)
claimed under the exemption, as computed by equation 4.''
12. On page 48882, in equation 4, which is referenced in
Sec. 59.404(b), replace the term ``VOC Content'' with ``VOC Amount.''
13. On page 48882, in the first column, correct the definition for
the term ``Volume Manufactured or Imported'' in equation 4, which is
referenced in Sec. 59.404(b), to read: ``Volume of the coating
manufactured or imported, in liters, including the volume of any water
and exempt compounds and excluding the volume of any colorant added to
tint bases, for the time period the exemption is claimed.''
14. On page 48882, in the first column, correct the term and
definition of ``VOC Content'' in equation 4, which is referenced in
Sec. 59.404(b), to read as follows: ``VOC Amount = Grams of VOC per
liter of coating thinned to the manufacturer's maximum recommendation,
including the volume of any water and exempt compounds.''
Sec. 59.405 [Corrected]
15. On page 48882, in the first column, correct
Sec. 59.405(a)(3)(i) and (ii) to read:
``(i) The VOC content of the coating, displayed in units of grams
of VOC per liter of coating or in units of pounds of VOC per gallon of
coating; or
``(ii) The VOC content limit in table 1 of this subpart with which
the coating is required to comply and does comply, displayed in units
of grams of VOC per liter of coating or in units of pounds of VOC per
gallon of coating.''
Sec. 59.407 [Corrected]
16. On page 48883, in the third column, correct Sec. 59.407(b)(5)
to read: ``The total volume of each coating manufactured or imported
per calendar year, in liters, including the volume of any water and
exempt compounds and excluding the volume of any colorant added to tint
bases.''
17. On page 48883, in the third column, correct Sec. 59.407(c)(2)
to read: ``The VOC amount as used in equation 4.''
18. On page 48883, in the third column, correct Sec. 59.407(c)(3)
to read: ``The volume manufactured or imported, in liters, for each
coating for which the exemption is claimed for the time period the
exemption is claimed.''
Sec. 59.408 [Corrected]
19. On page 48884, in the first column, correct the first sentence
of Sec. 59.408(b) to read: ``Each manufacturer and importer of any
architectural coating subject to the provisions of this subpart shall
submit an initial notification report no later than the applicable
compliance date specified in Sec. 59.400, or within 180 days after the
date that the first architectural coating is manufactured or imported,
whichever is later.''
20. On page 48884, in the second column, correct Sec. 59.408(d)(5)
to read: ``The total volume of each coating manufactured or imported
per calendar year, in liters, including the volume of any water and
exempt compounds and excluding the volume of any colorant added to tint
bases.''
21. On page 48884, in the second column, correct Sec. 59.408(e)(2)
to read: ``The VOC amount as used in equation 4.''
22. On page 48884, in the second column, correct Sec. 59.408(e)(3)
to read: ``The volume manufactured or imported, in liters, for each
coating for which the exemption is claimed for the time period the
exemption is claimed.''
Sec. 59.409 [Corrected]
23. On page 48884, in the third column, correct the addresses for
EPA Regional Offices as follows:
For Region I, correct the street address by removing ``J.F.K.
Federal Building, Boston, MA 02203-2211'' and replacing it with ``One
Congress Street, Boston, MA 02114-2023.''
For Region II, correct the name of the division by removing
``Division of Environmental Planning and
[[Page 35002]]
Protection'' and replacing it with ``Division of Enforcement and
Compliance Assistance.''
For Region VII, correct the street address by removing ``726
Minnesota Avenue'' and replacing it with ``901 North 5th Street.''
Table 1 to Subpart D
24. On page 48886, in the third column of table 1 to Subpart D--
Volatile Organic Compound (VOC) Content Limits for Architectural
Coatings, for ``Anti-fouling coatings,'' correct the number of pounds
VOC per gallon to read ``3.8.''
Amendment to 40 CFR Part 9
For the reasons set out in the preamble, part 9 of title 40 of the
Code of Federal Regulations is amended as follows:
PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135, et seq., 136-136y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
9701; 33 U.S.C. 1251, et seq., 1311, 1313d, 1314, 1318, 1321, 1326,
1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3
CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f,
300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-
2, 300j-3, 300j-4, 300j-9, 1857, et seq., 6901-6992k, 7401-7671q,
7542, 9601-9657, 11023, 11048.
2. In Sec. 9.1 amend the table by removing the heading ``National
Volatile Organic Compound Emission Standards for Automobile Refinish
Coatings'' and add in its place the heading ``National Volatile Organic
Compound Emission Standards for Consumer and Commercial Products''; and
by adding new entries under the heading in numerical order to read as
follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
40 CFR citation OMB control No.
------------------------------------------------------------------------
* * * * *
National Volatile Organic Compound Emission Standards for Consumer and
Commercial Products
* * * * *
59.405................................................. 2060-0393
59.407................................................. 2060-0393
59.408................................................. 2060-0393
* * * * *
------------------------------------------------------------------------
[FR Doc. 99-16384 Filed 6-29-99; 8:45 am]
BILLING CODE 6560-50-M