[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Proposed Rules]
[Pages 14941-14950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7300]


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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: [email protected].
     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: [email protected], 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: 
[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, fax number (919) 541-3470, e-mail 
address: [email protected].

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:

------------------------------------------------------------------------
                                      NAICS      Examples of regulated
             Category                 code a            entities
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
\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