[Federal Register Volume 73, Number 217 (Friday, November 7, 2008)]
[Proposed Rules]
[Pages 66209-66210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26613]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 59

[EPA-HQ-OAR-2006-0971; FRL-8738-8]
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, which establishes 
national reactivity-based emission standards for the aerosol coatings 
category (aerosol spray paints) under the Clean Air Act (CAA). In this 
``Rules and Regulations'' section of this Federal Register, we are 
making these same amendments as a direct final rule, without a prior 
proposed rule. If we receive no adverse comment, we will not take 
further action on this proposed rule.

DATES: Comments must be received by December 8, 2008, or December 22, 
2008 if a hearing is requested.
    Public Hearing: If anyone contacts EPA requesting to speak at a 
public hearing concerning the proposed regulation by November 17, 2008, 
we will hold a public hearing on November 24, 2008.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2006-0971 by mail to National Volatile Organic Compound 
Emission Standards for Aerosol Coatings, Environmental Protection 
Agency, Mail Code: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460. Please include a total of two copies. Comments may also be 
submitted electronically or through

[[Page 66210]]

hand delivery/courier by following the detailed instructions in the 
ADDRESSES section of the Direct Final Rule located in the ``Rules'' 
section of this Federal Register.
    Public Hearing: If you are interested in attending the public 
hearing, contact Ms. Joan Rogers at (919) 541-4487 to verify that a 
hearing will be held. If a public hearing is held, it will be held at 
10 a.m. at EPA's Campus located at 109 T.W. Alexander Drive in Research 
Triangle Park, NC, or an alternate site nearby. If no one contacts EPA 
requesting to speak at a public hearing concerning this rule by 
November 17, 2008, this meeting will be cancelled without further 
notice.

FOR FURTHER INFORMATION CONTACT: For further information, 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, NC 27711; telephone 
number (919) 541-2509; facsimile number (919) 541-3470; e-mail address: 
[email protected]. 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, facsimile number (919) 541-3470, e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on the National Volatile 
Organic Compound Emission Standards for Aerosol Coatings to move the 
applicability and compliance dates for aerosol coatings from January 1, 
2009 to July 1, 2009. Also, EPA is making initial notifications 
required due on the compliance date, as opposed to 90 days in advance 
of the compliance date. We have published a direct final rule to make 
these same amendments in the ``Rules and Regulations'' section of this 
Federal Register because we view this as a non-controversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule, and it will not take effect. We would address 
all public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on the 
action. Any parties interested in commenting must do so at this time.
    The regulatory text for the proposal is identical to that for the 
direct final rule and published in the ``Rules and Regulations'' 
section of this Federal Register.

II. Does This Action Apply to Me?

    The entities potentially affected by this proposed rule are the 
same entities that are subject to the Aerosol Coatings final rule. The 
entities affected by the Aerosol Coatings final rule include: 
Manufacturers, processors, distributors, importers of aerosol coatings 
for sale or distribution in the United States, and manufacturers, 
processors, distributors, or importers who supply the entities listed 
above with aerosol coatings for sale or distribution in interstate 
commerce in the United States.

III. Statutory and Executive Order Reviews

    For a complete discussion of all the administrative requirements 
applicable to this action, see the Direct Final Rule in the ``Rules and 
Regulations'' section of this Federal Register.

List of Subjects in 40 CFR Part 59

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: October 30, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-26613 Filed 11-6-08; 8:45 am]
BILLING CODE 6560-50-P