[Federal Register: June 23, 2009 (Volume 74, Number 119)]
[Rules and Regulations]
[Page 29595-29607]
[DOCID:fr23jn09-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 59

[EPA-HQ-OAR-2006-0971; FRL-8920-7]
RIN 2060-AP33

National Volatile Organic Compound Emission Standards for Aerosol
Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action amends 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. These amendments add compounds and
associated reactivity factors to Table 2--Reactivity Factors based on
petitions EPA received from regulated entities, and clarify which
volatile organic compounds are to be quantified in compliance
determinations. Additionally, this final rule makes certain changes
related to the notice required for a company to certify that it will
assume the responsibility for compliance with recordkeeping and
reporting requirements for a regulated entity, and it also addresses
which party is liable following such a certification. Further, in this
action we make minor revisions and corrections to the aerosol coatings
reactivity rule. Finally, in this action we are extending the deadline
for submitting the initial notifications required in one section of the
aerosol coatings regulations for 30 days, until July 31, 2009.

DATES: Effective Date: This final rule is effective on June 23, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2006-0971. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information 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 http://www.regulations.gov or in hard copy at
the EPA Docket Center, Docket ID No. EPA-HQ-OAR-2006-0971, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. 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<PHONE_NUMBER>, and the telephone number for the Docket
ID No. EPA-HQ-OAR-2006-0971 is<PHONE_NUMBER>.

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, facsimile number<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>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:<PHONE_NUMBER>, facsimile number<PHONE_NUMBER>, e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

    Entities Potentially Affected by this Action. The entities
potentially affected by this regulation encompass all steps in aerosol
coatings operations. This includes manufacturers, processors, wholesale
distributors and retailers who fall within the regulatory definition of
``distributor,'' importers of aerosol coatings for sale or distribution
in the United States, and manufacturers, processors, wholesale
distributors, and importers who supply the entities listed above with
aerosol coatings for sale or distribution in interstate commerce in the
United States. The entities potentially affected by this action
include:

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                                      NAICS      Examples of regulated
             Category                code \a\           entities
------------------------------------------------------------------------
Paint and Coating Manufacturing...      32551  Manufacturing of
                                                lacquers, varnishes,
                                                enamels, epoxy coatings,
                                                oil and alkyd vehicle,
                                                plastisols,
                                                polyurethane, primers,
                                                shellacs, stains, water
                                                repellant coatings.
All Other Miscellaneous Chemical       325998  Aerosol can filling,
 Production and Preparation                     aerosol packaging
 Manufacturing.                                 services.
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\a\ North American Industry Classification System http://www.census.gov/
  epcd/www/naics.html.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether you would be affected by this action, you
should examine the applicable industry description in section I.E of
the promulgation preamble, published at 73 FR 15604 (March 24, 2008).
If you have any questions regarding the applicability of this action to
a particular entity, consult the appropriate EPA contact listed in the
FOR FURTHER INFORMATION CONTACT section of this notice.
    Docket. The docket number for the National Volatile Organic
Compound Emission Standards for Aerosol Coatings (40 CFR parts 59 and
51, subpart E) is Docket ID No. EPA-HQ-OAR-2006-0971.
    World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of this action will also be available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of the 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.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the final rule is available only by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit by August 24, 2009. Under CAA section 307(b)(2), the
requirements established by this final action may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``only an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for EPA to convene a proceeding for
reconsideration, ``if the person raising the objection can demonstrate
to EPA that it was impracticable to raise such an objection [within the
period for public comment] or if the grounds for such objection arose
after the period for public comment (but within the time specified for
judicial review) and if such objection is of central relevance to the
outcome of the rule.'' Any person seeking to make such a demonstration
to EPA should submit a Petition for Reconsideration to the Office of
the Administrator, U.S. EPA, Room 3000, Ariel Rios Building, 1200
Pennsylvania Ave., NW., Washington, DC 20460, with a copy to both the
person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT
section, and the Air and Radiation Law Office, Office of General
Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave., NW.,
Washington, DC 20004.
    Organization of This Document. The information presented in this
action is organized as follows:

I. Background
II. Summary of the Final Standards and Changes Since Proposal
    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. Liability Following Sec.  59.511(g) Certification
    E. Other Revisions
    F. Extension of Deadline for Initial Notifications and Finding
and Statement of Good Cause
    G. Basis for Making This Rule Effective on the Date of
Publication
III. Response to Significant Comments
    A. Table 2 to Subpart E of Part 59--Reactivity Factors
    B. Assumption of Responsibility for Recordkeeping and Reporting
    C. Form of the Sec.  59.511(g) Notice
    D. Liability Following Sec.  59.511(g) Certification
    E. Other
IV. Summary of Impacts
    A. Environmental Impacts
    B. Energy Impacts
    C. Cost and Economic Impacts
    V. 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
    K. Congressional Review Act

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,
which are codified in the Code of Federal Regulations (CFR) 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 and by relative reactivity. 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 final
aerosol coatings rule 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 aerosol coatings 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 90 days in advance of the
compliance date; in this case, initial notifications 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 notifications 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 notifications
based on the revised tables.
    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. One of
this final action's objectives is to address petitions filed under this
provision.

II. Summary of the Final Amendments and Changes Since Proposal

A. Amendments to Table 2A to Subpart E of Part 59--Reactivity Factors

    In this action, EPA is finalizing the addition of 128 compounds and
their reactivity factors to Table 2A in response to petitions received
in accordance with Sec.  59.511(j) of the rule. EPA also is adding
Chemical Abstract Service (CAS) numbers for each compound or class of
compounds listed in Table 2A to make it easier for regulated entities
to find a specific chemical. In Table 2A of the proposed rule (72 FR
38951), EPA did not list CAS numbers for two entries: ``C8
Disubstituted Benzenes'' and ``C9 Styrenes.'' In this final rule, in
response to inquiries from affected entities, EPA has added CAS numbers
for these entries and listed chemical synonyms for selected entries.
The reactivity factors for these compounds have not been changed. The
final Table 2A lists ``C8 Disubstituted Benzenes (xylenes, mixed
isomers)'' with CAS 1330-20-7 and RF 7.48, and ``C9 styrenes (vinyl
toluene, mixed isomers)'' with CAS 25013-15-4 and RF 1.72. The final
Table 2A is sorted in order of CAS number.

B. Clarification to Part 59, Subpart E

    In the aerosol coatings reactivity rule, we amended the 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 coatings is counted towards the product's reactivity-based
limit. However, the text of Sec.  51.100(s)(7) adopted in the March 24,
2008, rule was not clear that compounds listed in both Sec. Sec.
51.100(s)(1) and 51.100(s)(5) were to be counted as VOC for determining
compliance. In this final action, we are changing 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 will
finalize the following amendments to Sec.  59.511(g):
    EPA is amending Sec.  59.511(g) to call the certification document
a ``notice'' rather than a ``report.'' EPA is finalizing this change
because it believes that the word ``notice'' is a more accurate word to
describe the document.
    EPA is finalizing 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.
Specifically, EPA is amending Sec.  59.511(g) to provide that the
certifying entity will sign the Sec.  59.511(g) notice and then send
the notice to EPA and to the regulated entity. EPA has concluded that
this method will provide the right balance between (1) making the
burden of providing the certification notice reasonable, so as not to
discourage manufacturers and others from taking on the recordkeeping
and reporting obligations of regulated entities, and (2) making sure
that both parties are aware of what responsibilities the certifying
entity is assuming from the regulated entity as a result of the notice.
    In this final action, Sec.  59.511(g)(3) will be amended 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. Specifically, certification notices will be required to include
identification of the products covered by the notice and the location
or locations where the records will be maintained, among the other
information required.
    EPA is adding 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.
    EPA is revising the provision that was Sec.  59.511(g)(4) and will
now appear in Sec.  59.511(g)(5) to clarify that the certification
notice must be signed by the responsible official for the certifying
entity. Before this revision, the provision required the signature of
the responsible official for ``the company'' which did not clearly
identify the certifying entity as the entity signing the notice.
    In addition to these amendments to Sec.  59.511(g), EPA is amending
certain provisions related to the notices in Sec.  59.511(g):
    EPA is adding 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 amending 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 requested comment on whether the 59.511(g) notice should be a
certain form or contain certain language to fulfill the requirements of
this section. Based on the comments received, the EPA is not imposing
any specific language or format for the certification notices in the
final rule. However, EPA intends to work with interested parties to
develop an optional model for the certification notices. Further, EPA
reserves the right to take action in the future if the Agency in the
future determines that particular language or format should be a
requirement we will propose amendments to the rule.

D. Liability Following Sec.  59.511(g) Certification

    This final rule allows a party referred to in this rule as the
``certifying entity,'' to assume certain recordkeeping and reporting
requirements from a regulated entity. However, EPA believes it is
essential to ensure that the recordkeeping and reporting
responsibilities are fulfilled after this transfer occurs. To that end,
in this final rule, both the certifying entity and regulated entity
will have joint liability for the recordkeeping and reporting
requirements covered by a notice submitted under Sec.  59.511(g), such
that 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 are finalizing minor revisions and
edits to include corrections to EPA regional office addresses, and
several minor changes and corrections to Table 2A. Specifically, we are
finalizing the deletion for the listing for Di (2-ethylhexyl phthalate)
(CAS 117-81-7) for which there is no applicable reactivity factor;
eliminate a duplicate listing of Butanol (CAS 71-36-3); and correcting
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, in this
action, Table 2A has been sorted according to CAS number to make it
easier for regulated entities to find a specific chemical.

III. Response to Significant Comments

    During the public comment period, we received a total of three
comment letters. A summary of all comments received on this rule, as
well as complete responses to each of these comments are presented in
the docket (EPA-HQ-OAR-2006-0971).

A. Table 2 to Subpart E of Part 59--Reactivity Factors

    Comment: One commenter expressed concern about the time required to
add chemical compounds to Table 2, given that reactivity factors may
have to be updated in the future based on current research efforts by
leading scientists.
    Another commenter requested that the Table 2A values for four
compounds be replaced with more recently determined values. The
commenter states that obtaining ozone reduction benefits from the
proposed reactivity based aerosol coatings rule requires that the
reactivity factors assigned to the regulated compounds accurately
represent how efficiently they form ozone. The commenter believes that
the assigned reactivity factors are ``certainly and significantly in
error,'' with the largest magnitude errors for compounds whose maximum
incremental reactivity (MIR) values were upper limit MIR values.
    Response: The commenters raise two important processes that will
continue to require periodic regulatory action into the future: (1) The
addition of compounds to Table 2, including those compounds for which
reactivity factors have already been proposed by EPA, or are in use by
other authorities (e.g., California Air Resources Board (CARB)) for
this source category, and (2) the revision of the reactivity factors in
Table 2 to reflect our evolving understanding of photochemical ozone
formation.
    The first issue, the addition of compounds to Table 2A for which
reactivity factors have been established, is the main focus of this
rulemaking. When EPA promulgated the final rule on March 24, 2008 (73
FR 15604), EPA anticipated the need to add compounds to Table 2,
especially prior to the initial compliance date for the rule. Affected
parties were encouraged to request additions to Table 2 by June 1,
2008, to ensure that the compounds were added prior to the initial
compliance date. On December 24, 2008 (73 FR 78994), the compliance
date was extended from October 1, 2008, to July 1, 2009. In this
current rulemaking, we have responded to all of the requests for
additions that we received prior to the April 2, 2009, proposal. Even
after that date, EPA has continued to receive requests to add compounds
to Table 2. We expect that the number of requests to add compounds will
decline as regulated entities work to come into compliance with the new
rule. However, EPA recognizes that there will be a continuing need to
add compounds to Table 2 into the future as new compounds are
identified for use in this source category.
    The addition of compounds to Table 2 must be accomplished through
formal rulemaking with opportunities for public comment. Given the
resources involved in formal rulemaking, EPA does not believe that it
is appropriate for the Agency to respond to each petition for addition
of compounds with a separate rulemaking as we receive them. Therefore,
EPA intends to issue a rulemaking addressing additions to Table 2, as
appropriate.
    The second action, updating the reactivity factors to reflect the
evolving scientific information is beyond the scope of the current
rulemaking. The reactivity scale used in both EPA's and CARB's aerosol
coatings rules is based on the 2000 version of Carter's Maximum
Incremental Reactivity (MIR) scale.\1\ Since 2000, Carter has updated
the MIR scale a number of times to incorporate new information about
chemical reaction mechanisms and rates, and to incorporate new
compounds. The commenter points to Carter's very recent update of the
MIR scale completed in March 2009.\2\ This analysis was completed for
CARB, and CARB has not formally adopted these values to determine
compliance with their aerosol coatings regulation.
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    \1\ Carter, W.P.L., Additions and Corrections to the SAPRC-99
Maximum Incremental Reactivity (MIR) Scale, prepared for California
Air Resources Board Contract No. 97-314, November 29, 2000.
    \2\ Carter, W.P.L. (2009) Updated Maximum Incremental Reactivity
Scale for Regulatory Applications, prepared for California Air
Resources Board, Contract 07-339, March 23, 2009.
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    At this time, the reactivity factors in EPA's Table 2 are
consistent with those values used by CARB in its aerosol coatings
regulation. We believe the reactivity factors currently in Table 2
should be retained to maintain consistency and stability of both CARB
and EPA's reactivity-based regulations.
    EPA recognizes that current reactivity factors may need to be
revised in the future to reflect the most recent scientific
information. Before adding new compounds or updating reactivity values
for existing compounds in Table 2 through formal rulemaking procedures,
EPA will ensure that the supporting data will have undergone
appropriate scientific review. Before pursuing such a rulemaking, EPA
will

work with CARB to determine an appropriate timeline and process for
incorporating changes to the reactivity factors used in both our
regulations and to determine, where appropriate and necessary, whether
changes to the reactivity-based limits in those regulations should be
made as well.

B. Assumption of Responsibility for Recordkeeping and Reporting

    Comment: One commenter opposed adding a provision to Sec.
59.511(g) requiring that the certification notice contain a statement
that upon assuming the recordkeeping and reporting requirements in the
rule, the certifying entity understands that the failure to fulfill
these requirements may result in an enforcement action against it. The
commenter stated that this statement is unnecessary because the
regulations are clear that a certifying entity's election to maintain
records and fulfill reporting requirements for a regulated entity is a
regulatory requirement and that, as with any other regulatory
requirement, failure to fulfill these requirements carries with it a
regulatory penalty in the form of enforcement activity. The commenter
further states that adding this regulatory requirement creates
additional regulatory requirements and another potential violation in
the event that the required statement is missing from a certifying
entity's notice.
    Response: EPA agrees that the current regulations provide that a
certifying entity's notice that it will assume recordkeeping and
reporting requirements for a regulated entity imposes a regulatory
requirement on that certifying entity that could result in an
enforcement action against it if the requirements are not met. However,
EPA believes that the inclusion of an express statement to that effect
in the certification notice under Sec.  59.511(g) will assure that each
entity signing a certification notice is aware of the potential
consequences for failing to meet the obligations that it is taking on
by signing the certification notice, even if the entity has not
carefully read the regulations. Finally, neither this commenter nor
anyone else has identified any substantial burden that will arise from
including such a statement in the certification notice.
    Comment: EPA received a comment opposing EPA's proposal to add
language to Sec.  59.511(g)(3) to clarify the responsibilities of the
certifying entity. As the basis for their opposition, this commenter
noted that the regulations indicate that ``any or all'' of the
recordkeeping and reporting requirements can be assumed, and that
certifying entities must be clear about the extent of the recordkeeping
and reporting that they will assume. The commenter stated that there
will be instances where several different manufacturers will make
products for a single customer, in which case the manufacturer (the
certifying entity) must clearly state which products or product lines
they are assuming the recordkeeping and reporting responsibilities for.
With such a clear statement of the certifying entity, the customer (the
regulated entity) will then be able to take steps to be sure that any
other products that are being made for it by other manufacturers are
the subject of a Sec.  59.511(g) notice from the appropriate
manufacturer.
    Response: The scenario described by this commenter--where a given
regulated entity gets products from multiple suppliers, and so any
certification notices from those suppliers must clearly state which
products are covered by the notice--is exactly why EPA concludes that
Sec.  59.511(g)(3) should expressly require that the certification
notice include an ``identification of the products covered by the
notice.'' This identification of the scope of each certification notice
will allow the regulated entity to determine which products are covered
by certification notices (and, thus, are products for which the
recordkeeping and reporting obligations will be fulfilled by a
certifying entity) and which products have recordkeeping and reporting
obligations that are still the responsibility of the regulated entity.
Similarly, EPA will be able to review the notices and determine who has
the recordkeeping and reporting responsibilities for the various
products. Conversely, a certification notice that does not clearly
identify the products covered by the notice will create confusion and
ambiguity for all parties.
    Comment: With respect to the alternative options for assuring that
both the certifying entity and the regulated entity are aware of their
responsibilities for recordkeeping and reporting following a
certification notice, one commenter recommends that the certifying
entity be required to send the Sec.  59.511(g) notice to the regulated
entity when it is submitted to EPA. The commenter supports this
recommendation by explaining that, with this approach, the regulated
entity will have the notice in its records, and the certifying entity
will be able to comply with Sec.  59.511(g) without waiting for a reply
from the regulated entity. If the certifying entity sends the regulated
entity a notice regarding these responsibilities, then both parties
will have full knowledge of the responsibilities being assumed by the
certifying entity. The alternative option proposed by EPA--to have both
parties sign the certification notice before it is submitted to EPA--
would be burdensome, according to the commenter. In support of this
conclusion, the commenter gave the example of one manufacturer who
makes products for over 400 different customers, and stated that
obtaining the signature of all of these customers would be ``an
overwhelming proposition.'' The commenter further notes that most
manufacturers make private label products for customers and will be in
the position of maintaining the records and fulfilling the reporting
obligations for their customers.
    Response: In choosing between the two options proposed, EPA has
balanced the conflicting goals of (1) making the burden of providing
the certification notice reasonable, so as not to discourage
manufacturers and others from taking on the recordkeeping and reporting
obligations of regulated entities, and (2) making sure that both
parties are aware of what responsibilities are being shifted as a
result of the notice. Although having both parties sign the notice
fulfills the second goal, EPA's conclusion is that the option of having
the certifying entity sign the notice and then send it to the regulated
entity will provide the right balance between these two goals. In
making this decision, EPA notes the following points in addition to the
points discussed above. First, part of EPA's original basis for
allowing certifying entities to assume the recordkeeping and reporting
obligations was that the certifying entity may be able to fulfill the
obligations more accurately, and with less burden than the regulated
entity. This point is supported by one of this commenter's points on
another issue: that it is the manufacturers who have the data and
information that must be kept and reported (a point that commenters
make in discussing their opposition to the joint liability of
certifying entities and regulated entities, which is discussed below).
Second, at the point in time when the certifying entity submits the
certification notice to EPA with a copy to the regulated entity, the
certifying entity becomes responsible for the recordkeeping and
reporting requirements covered by the notice, even before the notice
reaches the regulated entity. Thus, any lack of communications between
the certifying entity and the regulated entity in advance of the notice
being sent might result in some initial duplication of

effort, but will not result in any gap of recordkeeping and reporting.

C. Form of the Sec.  59.511(g) Notice

    Comment: EPA received comment that Sec.  59.511(g) indicates the
essential elements that must be included in the notice, and that these
elements are clear and fairly concise. This commenter suggests that it
is not necessary to require a specific form or format. Finally, the
commenter states it is willing to work with EPA on a format that is
acceptable to the Agency and user-friendly for the industry.
    Response: At this time, EPA is not imposing any specific language
or format for the certification notices, and intends to work with the
commenter and other interested parties to develop an optional model for
the certification notices. EPA may however, propose further amendments
to the rule in the future if the Agency determines that particular
language or format should be a requirement.

D. Liability Following Sec.  59.511(g) Certification

    Comment: One commenter does not believe that any additional
language should be added regarding joint liability for the
recordkeeping and reporting under Sec.  59.511(g). The commenter states
that, in most cases, all the data that needs to be maintained and
reported is in the hands of the certifying entity. According to the
commenter, the regulated entity, even if it wanted to, would not be
able to fulfill the recordkeeping and reporting responsibilities.
Because of this practical limitation, the commenter urges EPA to reject
any additional language which imposes joint liability for a failure in
the recordkeeping and reporting functions under Sec.  59.511.
    Response: Joint liability is a common enforcement approach under
the CAA. Here, EPA believes that joint liability is essential to ensure
that the recordkeeping and reporting responsibilities are fulfilled.
This joint liability gives regulated entities the appropriate incentive
to rely only on reputable parties to fulfill their recordkeeping and
reporting responsibilities.

E. Other

    Comment: EPA received comments from one commenter in a cover letter
and through the resubmission of comments submitted in response to the
July 16, 2007, proposed rule, ``National Volatile Organic Compound
Emission Standards for Aerosol Coatings'' (40 CFR parts 51 and 59,
subpart E; 72 FR 38952).
    Response: With respect to the resubmission of its 2007 comments
document, EPA took final action on the proposed rule on March 24, 2008
(40 CFR parts 51 and 59, subpart E; 73 FR 15621), and responded to the
comments at that time. Moreover, the 2007 comments do not apply to the
issues being considered in the current rulemaking.
    Comment: In its cover letter, the commenter above makes three
points. The first two points criticize statements that EPA made in its
November 2007 Response to Comments document (which was prepared for the
March 2008 final rule) and address issues that are outside the scope of
the current rulemaking.
    Finally, the commenter makes one point that specifically addresses
the current rulemaking. The commenter states that EPA is significantly
expanding the number of compounds on Table 2A in this rulemaking, and
that this is a major change that should lead EPA to reconsider the
fundamental approach that this regulation is taking. Specifically, the
commenter contends that the rule will not achieve real ozone reductions
in the areas that need the reductions, and that the rule encourages the
substitution of hazardous air pollutants for other compounds used in
aerosol coatings.
    Response: With respect to the commenter's 2007 comments and the two
comments that criticize aspects of EPA's November 2007 response to
comments document, EPA will not address those comments here because
they are outside the scope of this rulemaking. With respect to the
comment that this rulemaking is a significant expansion of the rule
that warrants a reconsideration of the fundamental approach in the
March 24, 2008, final action, EPA does not dispute that this rulemaking
is expanding the number of compounds on Table 2A, but the Agency
disagrees that this is a major change in the rule, or a significant
expansion of the scope of the rule that raises the issues that the
commenter seeks to have EPA reconsider. Finally, EPA notes that CAA
section 307(d)(7)(B) provides the proper vehicle for a person seeking
reconsideration of issues from a past rule, and the commenter here has
neither stated that it is proceeding under this provision nor explained
why it believes it meets the threshold requirements for such
reconsideration.
    Comment: Another commenter requested a statement in the final rule
that addresses the ``harmonization'' of CARB and US EPA MIR values,
since both have either promulgated or proposed aerosol coatings rules
that use these values.
    Response: EPA agrees with the commenter that, in general,
maintaining consistency between the reactivity factors used by EPA and
CARB is important for the efficient and effective implementation of EPA
and CARB's reactivity-based regulations. In developing this current
regulation, EPA has made an effort to make the requirements as
consistent as possible with the requirements of CARB's aerosol coatings
regulation within the limits of our authority and responsibilities
under the CAA. EPA and CARB's rules, however, are promulgated under
different statutory authorities through separate formal rulemaking
processes in different regulatory agencies; so, some differences can be
expected. The reactivity factors that are currently included in EPA's
rule are consistent with the reactivity values currently applied in
CARB's aerosol coatings regulation. As discussed in Section III.A., EPA
recognizes that the current reactivity factors may need to be revised
in the future to reflect the evolving scientific information. As stated
previously, before adding new compounds or updating reactivity values
for existing compounds in Table 2 through formal rulemaking procedures,
EPA will ensure that the supporting data will have undergone
appropriate scientific review. Also, before pursuing such a revision,
EPA will work with CARB to determine an appropriate timeline and
process for incorporating changes to the reactivity factors used in
both our regulations and to determine, where appropriate and necessary,
whether changes to the reactivity-based limits in those regulations
should be made as well.

F. 30-Day Extension of Deadline for Initial Notifications and Finding
and Statement of Good Cause

    In this final rule, EPA is extending the deadline for the initial
notifications required under Section 59.511(b) for 30 days, until July
31, 2009. This extension is being granted without the notice and
comment proceedings described in Section 307(d)(3) of the Clean Air Act
for good cause, as authorized under Section 307(d)(1).\3\
---------------------------------------------------------------------------

    \3\ Under Section 307(d)(1), in the text that appears after the
list of actions to which Section 307(d) applies, the statute
provides that the requirements of Section 307(d) do not apply ``in
the case of any rule or circumstance referred to in subparagraphs
(A) or (B) of subsection 553(b) of Title 5.'' Section 553(b)(B) of
Title 5 provides that notice and comment proceedings are not
required ``when the agency for good cause finds (and incorporates
that the finding and a brief statement of reasons thereof in the
rule[ ] issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to public interest.''

---------------------------------------------------------------------------

    EPA finds that good cause exists to extend the deadline for initial
notifications by 30 days without notice and comment proceedings because
(1) the amendments made in this rule affect the initial notifications
under 59.511(b) and the certification notices allowed under Section
59.511(g) (which for practical reasons need to be submitted at or
before the deadline for initial notifications), and (2) these
amendments are being promulgated a short time before the previous
deadline for initial notifications of July 1, 2009. Given these
circumstances, the Agency has concluded that it would not be fair or in
the public interest to require regulated entities to submit the initial
notifications by July 1, 2009, or to expect those entities who are
electing to submit certification notices to do so by July 1, 2009.
    The Agency finds that good cause is shown here on the grounds that
notice and comment proceedings are unnecessary. Courts have recognized
that notice and comment is ``unnecessary'' where the rule is ``a minor
rule or amendment in which the public is not particularly interested.''
Texaco, Inc v. Federal Power Comm., 412 F.2d 740, 743 n.6 (3\d\ Cir
1969) (quoting Attorney General's Manual on Administrative Act (1947)
at 12-13). See also Utility Solid Waste Activities Group v. EPA, 236
F.3d 749, 755 (D.C. Cir. 2001) (``unnecessary'' applies to ``those
situations in which the administrative rule is a routine determination,
insignificant in nature and impact, and inconsequential to the industry
and to the public.''); Northern Arapahoe Tribe v. Hodel, 808 F.2d 741,
751 (10th Cir. 1987) (`` `Unnecessary' means unnecessary so far as the
public is concerned, as would be the case if a minor or merely
technical amendment in which the public is not particularly interested
were involved.'') (quoting S. Rep. No. 752, 79th Cong., 1st Sess. 14
(1945)). Here, EPA finds that the extension of the deadline for
submitting initial notifications by 30 days is a minor amendment in
which the public is not particularly interested because (1) it does not
affect the compliance date for the rule, (2) it only affects the date
by which EPA will receive certain reports from regulated entities, and
(3) the extension of 30 days is short.\4\ For these reasons, EPA finds
that it has good cause to extend this deadline without notice and
comment proceedings.
---------------------------------------------------------------------------

    \4\ EPA further notes that when the Agency previously proposed a
seven-month extension of the compliance date in November 2008, it
received only one comment. See 73 FR 78,994, 78,995 (col. 2)
(December 24, 2008). Because this significantly longer extension of
the compliance date (not just the deadline for certain reports)
resulted in only one comment, and because of the nature of that
comment (see 73 FR at 78,992), EPA concludes that a notice and
comment proceeding to extend the deadline for submitting initial
notifications would not likely result in any comments.
---------------------------------------------------------------------------

G. Basis for Making This Rule Effective on the Date of Publication

    Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C.
553(b), generally provides that rules may not take effect earlier than
30 days after they are published in the Federal Register. However, EPA
is issuing this final rule under section 307(d)(1) of the Clean Air
Act, which states:

    ``The provisions of section 553 through 557 * * * of Title 5
shall not, except as expressly provided in this section, apply to
actions to which this subsection applies.'' Thus, section 553(d) of
the APA does not apply to this rule. EPA is nevertheless acting
consistently with the policies underlying APA section 553(d) in
making this rule effective on June 23, 2009. APA section 553(d)(3)
provides an exception when the agency finds good cause exists for a
period less than 30 days before effectiveness. We find good cause
exists to make this rule effective upon publication because doing so
alleviates potential confusion and implementation difficulties that
could arise if these amendments were not in effect until 30 days
after the date of publication. For example, the extension of the
deadline for initial notifications needs to become effective before
July 1, 2009 to avoid confusion and implementation difficulties.

IV. Summary of Impacts

    This section presents a summary of the impacts expected as a result
of this rule.

A. Environmental Impacts

    There are no adverse environmental impacts anticipated from
compliance with this rule.

B. Energy Impacts

    There are no adverse energy impacts anticipated from compliance
with this rule.

C. Cost and Economic Impacts

    There are no adverse economic impacts anticipated from compliance
with this rule.

V. 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'' that raises novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the EO. Accordingly, EPA
submitted this action to the Office of Management and Budget (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 adding compounds and associated reactivity
factors to Table 2--Reactivity Factors based on petitions EPA received
from regulated entities; and clarifies which VOC are to be quantified
in compliance determinations. Additionally, certain changes are being
made related to the notice required for a company to certify that it
will assume the responsibility for compliance with recordkeeping and
reporting requirements for a regulated entity, and who is liable
following such certification. Finally, in this action we make minor
revisions and corrections to the aerosol coatings reactivity rule.
    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 parts 51 and 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 rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This 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 only making minor corrections and amendments to the
Aerosol Coatings 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 rule on small entities and welcome comments on issues related to
such impacts.

D. Unfunded Mandates Reform Act

    This 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 makes amendments and minor corrections to the aerosol
coatings reactivity rule by adding compounds and associated reactivity
factors to Table 2--Reactivity Factors based on petitions EPA received
from regulated entities; and clarifies which VOC are to be quantified
in compliance determinations. Additionally, certain changes are being
made related to the notice required for a company to certify that it
will assume the responsibility for compliance with recordkeeping and
reporting requirements for a regulated entity, and who is liable
following such certification. Finally, in this action we make minor
revisions and corrections to the aerosol coatings reactivity rule.
Thus, this rule is not subject to the requirements of sections 202 or
205 of the Unfunded Mandates Reform Act (UMRA).
    This 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. It only proposes
amendments and minor corrections to the aerosol coatings reactivity
rule by adding compounds and associated reactivity factors to Table 2--
Reactivity Factors based on petitions EPA received from regulated
entities; and clarifies which volatile organic compounds are to be
quantified in compliance determinations. Additionally, certain changes
are being made related to the notice required for a company to certify
that it will assume the responsibility for compliance with
recordkeeping and reporting requirements for a regulated entity, and
who is liable following such certification. Finally, in this action we
make minor revisions and corrections to the aerosol coatings reactivity
rule.

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 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 makes amendments and minor
corrections to the aerosol coatings reactivity rule by adding compounds
and associated reactivity factors to Table 2--Reactivity Factors based
on petitions EPA received from regulated entities; and clarifies which
VOC are to be quantified in compliance determinations. Additionally,
certain changes are being made related to the notice required for a
company to certify that it will assume the responsibility for
compliance with recordkeeping and reporting requirements for a
regulated entity, and who is liable following such certification.
Finally, in this action we make minor revisions and corrections to the
aerosol coatings reactivity rule.
    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 rule from State and local
officials.

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 only makes
amendments and minor corrections to the aerosol coatings reactivity
rule by adding compounds and associated reactivity factors to Table 2--
Reactivity Factors based on petitions EPA received from regulated
entities; and clarifies which VOC are to be quantified in compliance
determinations. Additionally, certain changes are being made related to
the notice required for a company to certify that it will assume the
responsibility for compliance with recordkeeping and reporting
requirements for a regulated entity, and who is liable following such
certification. Finally, in this action we make minor revisions and
corrections to the aerosol coatings reactivity rule. Thus, EO 13175
does not apply to this action.

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 it only makes amendments and minor
corrections to the aerosol coatings reactivity rule by adding compounds
and associated reactivity factors to Table 2--Reactivity Factors based
on petitions EPA received from regulated entities; and clarifies which
VOC are to be quantified in compliance determinations. Additionally,
certain changes are being made related to the notice required for a
company to certify that it will assume the responsibility for
compliance with recordkeeping and reporting requirements for a
regulated entity, and who is liable following such certification.
Finally, in this action we make minor revisions and corrections to the
aerosol coatings reactivity rule.

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 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 rule. The rule only makes amendments and minor corrections to the
aerosol coatings reactivity rule by adding compounds and associated
reactivity factors to Table 2--Reactivity Factors based on petitions
EPA received from regulated entities; and clarifies which VOC are to be
quantified in compliance determinations. Additionally, certain changes
are being made related to the notice required for a company to certify
that it will assume the responsibility for compliance with
recordkeeping and reporting requirements for a regulated entity, and
who is liable following such certification. Finally, in this action we
make minor revisions and corrections to the aerosol coatings reactivity
rule.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act 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 final rule
amendment and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of this final rule amendment in the Federal
Register. The final rule amendment is not a ``major rule'' as defined
by 5 U.S.C. 804(2). This final rule is effective on June 23, 2009.

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: June 15, 2009.
Lisa P. Jackson,
Administrator.

0
For the reasons set out in the preamble, parts 51 and 59 of title 40,
Chapter I of the Code of Federal Regulations are amended as follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C 7401-7671q.

0
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]

0
3. The authority citation for part 59 continues to read as follows:

    Authority: 42 U.S.C 7414 and 7511b(e).

0
4. Section 59.501 is amended by revising paragraph (b)(4) and the first
sentence of paragraph (f)(3)(i) 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.  59.511(g) and (h).
* * * * *
    (f) * * *
    (3) * * *
    (i) You must submit an initial notification no later than July 31,
2009, or on or before the date that you start manufacturing aerosol
coating products that are sold in the United States, whichever is
later. * * *
* * * * *

0
5. Section 59.510 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 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.

0
6. Section 59.511 is amended as follows:
0
a. By revising the first sentence in paragraph (b) introductory text.
0
b. By revising the first sentence of paragraph (e) introductory text.
0
c. By revising paragraph (g) introductory text.
0
d. By revising paragraphs (g)(3) and (g)(4).
0
e. By adding paragraph (g)(5).

Sec.  59.511  What notifications and reports must I submit?

* * * * *
    (b) You must submit an initial notification no later than July 31,
2009, or on or before the date that you first manufacture, distribute,
or import aerosol coatings, whichever is later.* * *
* * * * *
    (e) If you claim the exemption under Sec.  59.501(e), you must
submit an initial notification no later than July 31, 2009, or on or
before the date that you first manufacture aerosol coatings, whichever
is later. * * *
* * * * *
    (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 EPA Regional Office listed in Sec.
59.512. At the same time that this notice is sent to the appropriate
EPA Regional Office, a copy of the notice must be sent to the regulated
entity for which you are accepting responsibility for recordkeeping and
reporting requirements. After the certifying entity submits this notice
to the appropriate EPA Regional Office, both the certifying entity and
the regulated entity are liable for any failure to keep records or
submit records and for any inaccurate records or reports covered by the
notice, and one or both may be subject to an enforcement action in
accordance with the enforcement provisions applicable to violation of
these provisions. This notice must include the information contained in
paragraphs (g)(1) though (g)(5) 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;
    (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 against it in accordance with the enforcement
provisions applicable to violation of these provisions by regulated
entities; and
    (5) The signature of the responsible official for the certifying
entity.
* * * * *

0
7. Section 59.512 is amended by revising the addresses for EPA 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.
* * * * *

0
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
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 Monomethyl 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
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
C8 Disubstituted Benzenes (xylenes, mixed         1330-20-7         7.48
 isomers).................................
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
 [2Methoxypropoxy]-1-Propanol)............
C9 Styrenes (Vinyl Toluene, mixed isomers)       25013-15-4         1.72
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
------------------------------------------------------------------------

[FR Doc. E9-14580 Filed 6-22-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Proposed Rules]
[Page 7259]
[FR Doc No: 2016-02724]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0028; FRL-9942-02-Region 9]

Approval of Air Plan Revisions; Arizona; Rescissions and
Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Arizona State Implementation Plan (SIP) under
the Clean Air Act. These revisions include rescissions of certain
statutory provisions, administrative and prohibitory rules, and test
methods. The EPA is also proposing to correct certain errors in
previous actions on prior revisions to the Arizona SIP and to make
certain other corrections. The intended effect is to rescind
unnecessary provisions from the applicable SIP and to correct certain
errors in previous SIP actions.

DATES: Comments must be received by March 14, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0028 at http://www.regulations.gov, or via email to Andrew
Steckel, Rules Office Chief, at<EMAIL_ADDRESS>For comments
submitted at Regulations.gov, follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the Web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX, (415)
947-4115, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this Federal Register, the EPA is approving the rescissions from the
Arizona SIP, and correcting the errors from previous Arizona SIP
rulemakings, in a direct final action without prior proposal because we
believe the SIP revision and error corrections are not controversial.
The rescissions involve statutory and regulatory provisions related to
declarations of policy and legal authority, jurisdiction over Indian
lands, prohibitory rules, and test methods and performance test
specifications. The error corrections relate to an inadvertent listing
of a rule on which the EPA did not take action in the Arizona SIP, a
typographical error, and erroneous approvals of non-SIP submittals as
part of the SIP.
    A detailed rationale for the approval of the rescissions and the
correction of the errors is set forth in the direct final rule. If we
receive adverse comments, however, we will publish a timely withdrawal
of the direct final rule and address the comments in a subsequent final
rule based on this proposed rule. Please note that if the EPA receives
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, the
EPA may adopt as final those provisions of the rule that are not the
subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, see please see the direct final action.

    Dated: January 25, 2016.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2016-02724 Filed 2-10-16; 8:45 am]
 BILLING CODE 6560-50-P