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 determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income populations. Further, it establishes national emission standards
for VOC in aerosol coatings.

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 March 24, 2008.

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: November 15, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, parts 51 and 59 of title 40 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 is amended by adding paragraph (s)(7) 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 part 59, subpart E. Therefore, the compounds that
are used in aerosol coating products and that are identified in
paragraph (s) of this section as negligibly reactive and 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
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. Subpart E is added to read as follows:

Subpart E--National Volatile Organic Compound Emission Standards for
Aerosol Coatings
Sec.
59.500 What is the purpose of this subpart?
59.501 Am I subject to this subpart?
59.502 When do I have to comply with this subpart?
59.503 What definitions apply to this subpart?
59.504 What limits must I meet?
59.505 How do I demonstrate compliance with the reactivity limits?
59.506 How do I demonstrate compliance if I manufacture multi-
component kits?
59.507 What are the labeling requirements for aerosol coatings?
59.508 What test methods must I use?
59.509 Can I get a variance?
59.510 What records am I required to maintain?
59.511 What notifications and reports must I submit?
59.512 Addresses of EPA regional offices.
59.513 State authority.
59.514 Circumvention.
59.515 Incorporations by reference.
59.516 Availability of information and confidentiality
Table 1 to Subpart E of Part 59--Product-Weighted Reactivity Limits
by Coating Category
Table 2A to Subpart E of Part 59--Reactivity Factors
Table 2B to Subpart E of Part 59--Reactivity Factors for Aliphatic
Hydrocarbon Solvent Mixtures
Table 2C to Subpart E of Part 59--Reactivity Factors for Aromatic
Hydrocarbon Solvent Mixtures

Subpart E--National Volatile Organic Compound Emission Standards
for Aerosol Coatings

Sec.  59.500  What is the purpose of this subpart?

    This subpart establishes the product-weighted reactivity (PWR)
limits regulated entities must meet in order to comply with the
national rule for volatile organic compounds (VOC) emitted from aerosol
coatings. This subpart also establishes labeling, recordkeeping, and
reporting requirements for regulated entities.

Sec.  59.501  Am I subject to this subpart?

    (a) The regulated entities for an aerosol coating product are the
manufacturer or importer of an aerosol coating product and a
distributor of an aerosol coating product if named on the label.
Distributors whose names do not appear on the label for the product are
not regulated entities. Distributors include retailers whose names
appear on the label for the product. If your name appears on the label,
you are a regulated entity.
    (b) Except as provided in paragraph (e) of this section, the
responsibilities of each regulated entity are detailed in paragraphs
(b)(1) through (b)(4) of this section.
    (1) If you are a manufacturer or importer, you are the regulated
entity responsible for ensuring that all aerosol coatings manufactured
or imported by you meet the PWR limits presented in Sec.  59.504, even
if your name is not on the label.
    (2) If you are a distributor named on the label, you are the
regulated entity responsible for compliance with all sections of this
subpart except for the limits presented in Sec.  59.504. If you are a
distributor that has specified formulations to be used by a
manufacturer, then you are responsible for compliance with all sections
of this subpart.
    (3) If there is no distributor named on the label, then the
manufacturer or importer is the regulated entity responsible for
compliance with all sections of this subpart.
    (4) If you are a manufacturer or importer, 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).
    (c) Except as provided in paragraph (e) of this section, the
provisions of this subpart apply to aerosol coatings manufactured on or
after January 1, 2009, for sale or distribution in the United States.
Aerosol coatings that are registered under the Federal Insecticide,
Fungicide and Rodenticide Act (7 U.S.C. 136-136y) (FIFRA). For FIFRA
registered aerosol coatings, the provisions of this subpart apply to
aerosol coatings manufactured on or after January 1, 2010, for sale or
distribution in the United States.
    (d) You are not a regulated entity under this subpart for the
aerosol coatings products that you manufacture (in or outside of the
United States) that are exclusively for sale outside the United States.
    (e) If you meet the definition of small quantity manufacturer for a
given year, the products you manufacture in that year are not subject
to the PWR limits presented in Sec.  59.504 or the labeling
requirements of Sec.  59.507. To qualify for this exemption, small
aerosol coating manufacturers must comply with the applicable
recordkeeping and reporting requirements in Sec. Sec.  59.510 and
59.511.
    (f) If you are a person who manufactures or processes aerosol
coatings outside of the United States, you may qualify for the small
quantity manufacturer exemption in paragraph (e) of this section if you
meet the requirements of paragraphs (f)(1) through (f)(3) of this
section.
    (1) The total VOC by mass included in all aerosol coatings you
manufacture, at all facilities, in a given calendar year, in the
aggregate, is less than 7,500 kilograms.
    (2) You comply with the recordkeeping and reporting requirements in
Sec. Sec.  59.510 and 59.511.
    (3) You commit to and comply with the requirements of paragraphs
(f)(3)(i) through (f)(3)(vii) of this section.
    (i) You must provide an initial notification no later than 90 days
before the compliance date, or at least 90 days before you start
manufacturing aerosol coating products that are sold in the United
States. This initial notification must state that you are a foreign
manufacturer that is intending to qualify for the small quantity
manufacturer exemption in paragraph (e) of this section, provide all of
the information specified in Sec.  59.511(b), and provide all the
information in paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of this
section.
    (A) The name, address, telephone number, and e-mail address of an
agent located in the United States who will serve as your point of
contact for communications with EPA.
    (B) The address of each of your facilities that is manufacturing
aerosol coatings for sale in the United States.

    (ii) You must notify the Administrator of any changes in the
information provided in your initial notification within 30 days
following the change.
    (iii) The agent identified above must maintain a copy of the
compliance records specified in Sec.  59.510(b). Those records must be
kept by the agent such that the agent will be able to provide the
written report which must be submitted upon 60 days notice under Sec.
59.511(d) and able to make those records available for inspection and
review under Sec.  59.511(e).
    (iv) You must give any EPA inspector or auditor full, complete, and
immediate access to your facilities and records to conduct inspections
and audits of your manufacturing facilities.
    (v) You must agree that United States substantive and procedural
law shall apply to any civil or criminal enforcement action against you
under this subpart, and that the forum for any civil or criminal
enforcement action under this subpart shall be governed by the CAA,
including the EPA administrative forum where allowed under the CAA.
    (vi) Any person certifying any notification, report, or other
communication from you to EPA must state in the certification that
United States substantive and procedural law shall apply to any civil
or criminal enforcement action against him or her under this subpart,
and that the forum for any civil or criminal enforcement action under
this section shall be governed by the CAA, including the EPA
administrative forum where allowed under the CAA.
    (vii) All reports and other communications with EPA must be in
English. To the extent that you provide any documents as part of any
report or other communication with EPA, an English language translation
of that document must be provided with the report or communication.

Sec.  59.502  When do I have to comply with this subpart?

    (a) Except as provided in Sec.  59.509 and paragraphs (b) and (c)
of this section, you must be in compliance with all provisions of this
subpart by January 1, 2009.
    (b) The Administrator will consider issuance of a special
compliance extension that extends the date of compliance until January
1, 2011, to regulated entities that have never manufactured, imported,
or distributed aerosol coatings for sale or distribution in California
that are in compliance with California's Regulation for Reducing Ozone
Formed From Aerosol Coating Product Emissions, Title 17, California
Code of Regulations, sections 94520-94528. In order to be considered
for an extension of the compliance date, you must submit a special
compliance extension application to the EPA Administrator no later than
90 days before the compliance date or within 90 days before the date
that you first manufacture aerosol coatings, whichever is later. This
application must contain the information in paragraphs (b)(1) through
(b)(5) of this section. If a regulated entity remains unable to comply
with the limits of this rule by January 1, 2011, the regulated entity
may seek a variance in accordance with Sec.  59.509.
    (1) Company name;
    (2) A signed certification by a responsible company official that
the regulated entity has not at any time manufactured, imported, or
distributed for sale or distribution in California any product in any
category listed in Table 1 of this subpart that complies with
California's Regulation for Reducing Ozone Formed From Aerosol Coating
Product Emissions, Title 17, California Code of Regulations, sections
94520-94528;
    (3) A statement that the regulated entity will, to the extent
possible within its reasonable control, take appropriate action to
achieve compliance with this subpart by January 1, 2011;
    (4) A list of the product categories in Table 1 of this subpart
that the regulated entity manufactures, imports, or distributes; and,
    (5) Name, title, address, telephone, e-mail address, and signature
of the certifying company official.
    (c) Except as provided in paragraph (b) of this section, the
compliance date for aerosol coatings that are registered under the
Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C 136-136y)
(FIFRA) is January 1, 2010.

Sec.  59.503  What definitions apply to this subpart?

    The following terms are defined for the purposes of this subpart
only.
    Administrator means the Administrator of the United States
Environmental Protection Agency (EPA) or an authorized representative.
    Aerosol Coating Product means a pressurized coating product
containing pigments or resins that is dispensed by means of a
propellant and is packaged in a disposable can for hand-held
application, or for use in specialized equipment for ground traffic/
marking applications. For the purpose of this regulation, applicable
aerosol coatings categories are listed in Table 1 of this subpart.
    Art Fixative or Sealant means a clear coating, including art
varnish, workable art fixative and ceramic coating, which is designed
and labeled exclusively for application to paintings, pencil, chalk, or
pastel drawings, ceramic art pieces or other closely related art uses,
in order to provide a final protective coating or to fix preliminary
stages of artwork while providing a workable surface for subsequent
revisions.
    ASTM means the American Society for Testing and Materials.
    Autobody Primer means an automotive primer or primer surfacer
coating designed and labeled exclusively to be applied to a vehicle
body substrate for the purposes of corrosion resistance and building a
repair area to a condition in which, after drying, it can be sanded to
a smooth surface.
    Automotive Bumper and Trim Product means a product, including
adhesion promoters and chip sealants, designed and labeled exclusively
to repair and refinish automotive bumpers and plastic trim parts.
    Aviation Propeller Coating means a coating designed and labeled
exclusively to provide abrasion resistance and corrosion protection for
aircraft propellers.
    Aviation or Marine Primer means a coating designed and labeled
exclusively to meet federal specification TT-P-1757.
    Clear Coating means a coating which is colorless, containing resins
but no pigments except flatting agents, and is designed and labeled to
form a transparent or translucent solid film.
    Coating Solids means the nonvolatile portion of an aerosol coating
product, consisting of the film-forming ingredients, including pigments
and resins.
    Commercial Application means the use of aerosol coating products in
the production of goods, or the providing of services for profit,
including touch-up and repair.
    Corrosion Resistant Brass, Bronze, or Copper Coating means a clear
coating designed and labeled exclusively to prevent tarnish and
corrosion of uncoated brass, bronze, or copper metal surfaces.
    Distributor means any person who purchases or is supplied aerosol
coating product for the purposes of resale or distribution in commerce.
Retailers who fall within this definition are distributors. Importers
are not distributors.
    Enamel means a coating which cures by chemical cross-linking of its
base resin and is not resoluble in its original solvent.

    Engine Paint means a coating designed and labeled exclusively to
coat engines and their components.
    Exact Match Finish, Engine Paint means a coating which meets all of
the following criteria:
    (1) The product is designed and labeled exclusively to exactly
match the color of an original, factory-applied engine paint;
    (2) The product is labeled with the manufacturer's name for which
they were formulated; and
    (3) The product is labeled with one of the following:
    (i) The original equipment manufacturer's (O.E.M.) color code
number;
    (ii) The color name; or
    (iii) Other designation identifying the specific O.E.M. color to
the purchaser.
    Exact Match Finish, Automotive means a topcoat which meets all of
the following criteria:
    (1) The product is designed and labeled exclusively to exactly
match the color of an original, factory-applied automotive coating
during the touch-up of automobile finishes;
    (2) The product is labeled with the manufacturer's name for which
they were formulated; and
    (3) The product is labeled with one of the following:
    (i) The original equipment manufacturer's (O.E.M.) color code
number;
    (ii) The color name; or
    (iii) Other designation identifying the specific O.E.M. color to
the purchaser. Notwithstanding the foregoing, automotive clear coatings
designed and labeled exclusively for use over automotive exact match
finishes to replicate the original factory-applied finish shall be
considered to be automotive exact match finishes.
    Exact Match Finish, Industrial means a coating which meets all of
the following criteria:
    (1) The product is designed and labeled exclusively to exactly
match the color of an original, factory-applied industrial coating
during the touch-up of manufactured products;
    (2) The product is labeled with the manufacturer's name for which
they were formulated; and
    (3) The product is labeled with one of the following:
    (i) O.E.M. color code number;
    (ii) The color name; or
    (iii) Other designation identifying the specific O.E.M. color to
the purchaser.
    Flat Paint Products means a coating which, when fully dry,
registers specular gloss less than or equal to 15 on an 85[deg] gloss
meter, or less than or equal to 5 on a 60[deg] gloss meter, or which is
labeled as a flat coating.
    Flatting Agent means a compound added to a coating to reduce the
gloss of the coating without adding color to the coating.
    Floral Spray means a coating designed and labeled exclusively for
use on fresh flowers, dried flowers, or other items in a floral
arrangement for the purposes of coloring, preserving or protecting
their appearance.
    Formulation Data, unless otherwise specified, means the recipe used
to formulate or manufacture a coating product in terms of the weight
fraction (g compound/g product) of each individual VOC in the product.
    Fluorescent Coating means a coating labeled as such, which converts
absorbed incident light energy into emitted light of a different hue.
    Glass Coating means a coating designed and labeled exclusively for
use on glass or other transparent material to create a soft,
translucent light effect, or to create a tinted or darkened color while
retaining transparency.
    Ground Traffic/Marking Coating means a coating designed and labeled
exclusively to be applied to dirt, gravel, grass, concrete, asphalt,
warehouse floors, or parking lots. Such coatings must be in a container
equipped with a valve and spray head designed to direct the spray
toward the surface when the can is held in an inverted vertical
position.
    High Temperature Coating means a coating, excluding engine paint,
which is designed and labeled exclusively for use on substrates which
will, in normal use, be subjected to temperatures in excess of 400
[deg]F.
    Hobby/Model/Craft Coating means a coating which is designed and
labeled exclusively for hobby applications and is sold in aerosol
containers of 6 ounces by weight or less.
    Importer means any person who brings an aerosol coating product
that was manufactured, filled, or packaged at a location outside of the
United States into the United States for sale or distribution in the
United States.
    Ingredient means a component of an aerosol coating product.
    Impurity means an individual chemical compound present in a raw
material which is incorporated in the final aerosol coatings
formulation, if the compound is present in amounts below the following
in the raw material:
    (1) For individual compounds that are carcinogens each compound
must be present in an amount less than 0.1 percent by weight;
    (2) For all other compounds present in a raw material, a compound
must be present in an amount less than 1 percent by weight.
    Lacquer means a thermoplastic film-forming material dissolved in
organic solvent, which dries primarily by solvent evaporation, and is
resoluble in its original solvent.
    Manufacturer means any person who manufactures or processes an
aerosol coating product for sale or distribution within the United
States. Manufacturers include:
    (1) Processors who blend and mix aerosol coatings;
    (2) Contract fillers who develop formulas and package these
formulations under a distributor's name; and
    (3) Contract fillers who manufacture products using formulations
provided by a distributor.
    Marine Spar Varnish means a coating designed and labeled
exclusively to provide a protective sealant for marine wood products.
    Metallic Coating means a topcoat which contains at least 0.5
percent by weight elemental metallic pigment in the formulation,
including propellant, and is labeled as ``metallic,'' or with the name
of a specific metallic finish such as ``gold,'' ``silver,'' or
``bronze.''
    Multi-Component Kit means an aerosol spray paint system which
requires the application of more than one component (e.g. foundation
coat and topcoat), where both components are sold together in one
package.
    Nonflat Paint Product means a coating which, when fully dry,
registers a specular gloss greater than 15 on an 85[deg] gloss meter or
greater than five on a 60[deg] gloss meter.
    Ozone means a colorless gas with a pungent odor, having the
molecular form O3.
    Person means an individual, corporation, partnership, association,
state, any agency, department, or instrumentality of the United States,
and any officer, agent, or employee thereof.
    Photograph Coating means a coating designed and labeled exclusively
to be applied to finished photographs to allow corrective retouching,
protection of the image, changes in gloss level, or to cover
fingerprints.
    Pleasure Craft means privately owned vessels used for noncommercial
purposes.
    Pleasure Craft Finish Primer/Surfacer/Undercoater means a coating
designed and labeled exclusively to be applied prior to the application
of a pleasure craft topcoat for the purpose of corrosion resistance and
adhesion of the topcoat, and which promotes a uniform surface by
filling in surface imperfections.

    Pleasure Craft Topcoat means a coating designed and labeled
exclusively to be applied to a pleasure craft as a final coat above the
waterline and below the waterline when stored out of water. This
category does not include clear coatings.
    Polyolefin Adhesion Promoter means a coating designed and labeled
exclusively to be applied to a polyolefin or polyolefin copolymer
surface of automotive body parts, bumpers, or trim parts to provide a
bond between the surface and subsequent coats.
    Primer means a coating labeled as such, which is designed to be
applied to a surface to provide a bond between that surface and
subsequent coats.
    Product-Weighted Reactivity (PWR) Limit means the maximum allowed
``product-weighted reactivity,'' as calculated in Sec.  59.505, of an
aerosol coating product that is subject to the limits specified in
Sec.  59.504 for a specific category, expressed as grams of ozone per
gram (g O3/g of product).
    Propellant means a liquefied or compressed gas that is used in
whole or in part, such as a co-solvent, to expel a liquid or any other
material from the same self-pressurized container or from a separate
container.
    Reactivity Factor (RF) is a measure of the change in mass of ozone
formed by adding a gram of a VOC to the ambient atmosphere, expressed
to hundredths of a gram (g O3/g VOC). The RF values for
individual compounds and hydrocarbon solvent mixtures are specified in
Tables 2A, 2B, and 2C of this subpart.
    Retailer means any person who sells, supplies, or offers aerosol
coating products for sale directly to consumers. Retailers who fall
within the definition of ``distributor'' in this section are
distributors.
    Retail Outlet means any establishment where consumer products are
sold, supplied, or offered for sale, directly to consumers.
    Shellac Sealer means a clear or pigmented coating formulated solely
with the resinous secretion of the lac beetle (Laccifer lacca), thinned
with alcohol, and formulated to dry by evaporation without a chemical
reaction.
    Slip-Resistant Coating means a coating designed and labeled
exclusively as such, which is formulated with synthetic grit and used
as a safety coating.
    Small quantity manufacturer means a manufacturer whose total VOC by
mass included in all aerosol coatings manufactured at all facilities in
a given calendar year, in the aggregate, is less than 7,500 kilograms.
    Spatter Coating/Multicolor Coating means a coating labeled
exclusively as such wherein spots, globules, or spatters of contrasting
colors appear on or within the surface of a contrasting or similar
background.
    Stain means a coating which is designed and labeled to change the
color of a surface but not conceal the surface.
    United States means the United States of America, including the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
    Vinyl/Fabric/Leather/Polycarbonate Coating means a coating designed
and labeled exclusively to coat vinyl, fabric, leather, or
polycarbonate substrates or to coat flexible substrates including
rubber or thermoplastic substrates.
    Volatile Organic Compound (VOC) means any organic compound as
defined in Sec.  51.100(s) of this chapter. As provided in 40 CFR
51.100(s)(7), exemptions from the definition of VOC in 40 CFR 51.100(s)
for certain compounds that are used in aerosol coatings are
inapplicable for purposes of this subpart.
    Webbing/Veiling Coating means a coating designed and labeled
exclusively to provide a stranded to spider webbed appearance when
applied.
    Weight Fraction means the weight of an ingredient divided by the
total net weight of the product, expressed to thousandths of a gram of
ingredient per gram of product (excluding container and packaging).
    Weld-Through Primer means a coating designed and labeled
exclusively to provide a bridging or conducting effect for corrosion
protection following welding.
    Wood Stain means a coating which is formulated to change the color
of a wood surface but not conceal the surface.
    Wood Touch-Up/Repair/Restoration means a coating designed and
labeled exclusively to provide an exact color or sheen match on
finished wood products.
    Working Day means any day from Monday through Friday, inclusive,
except for days that are Federal holidays.

Sec.  59.504  What limits must I meet?

    (a) Except as provided in Sec.  59.509, each aerosol coating
product you manufacture, distribute or import for sale or use in the
United States must meet the PWR limits presented in Table 1 of this
subpart. These limits apply to the final aerosol coating, including the
propellant. The PWR limits specified in Table 1 of this subpart are
also applicable to any aerosol coating product that is assembled by
adding bulk coating to aerosol containers of propellant.
    (b) If a product can be included in both a general coating category
and a specialty coating category and the product meets all of the
criteria of the specialty coating category, then the specialty coating
limit will apply instead of the general coating limit, unless the
product is a high temperature coating. High-temperature coatings that
contain at least 0.5 percent by weight of an elemental metallic pigment
in the formulation, including propellant, are subject to the limit
specified for metallic coatings.
    (c) Except as provided in paragraph (b) of this section, if
anywhere on the container of any aerosol coating product subject to the
limits in Table 1 of this subpart, or on any sticker or label affixed
to such product, or in any sales or advertising literature, the
manufacturer, importer or distributor of the product makes any
representation that the product may be used as, or is suitable for use
as a product for which a lower limit is specified, then the lowest
applicable limit will apply.

Sec.  59.505  How do I demonstrate compliance with the reactivity
limits?

    (a) To demonstrate compliance with the PWR limits presented in
Table 1 of this subpart, you must calculate the PWR for each coating as
described in paragraphs (a)(1) through (2) of this section:
    (1) Calculate the weighted reactivity factor (WRF) for each
propellant and coating component using Equation 1:

[GRAPHIC] [TIFF OMITTED] TR24MR08.013

Where:

WRFi = weighted reactivity factor of component i, g
O3/g component i.
RFi = reactivity factor of component i, g O3/g
component i, from Table 2A, 2B, or 2C.
WFi = weight fraction of component i in the product,

    (2) Calculate the PWR of each product using Equation 2:

    [GRAPHIC] [TIFF OMITTED] TR24MR08.014

Where:

PWRp = PWR for product P, g O3/g product.
WRF1 = weighted reactivity factor for component 1, g
O3/g component.
WRF2 = weighted reactivity factor for component 2, g
O3/g component.
WRFn = weighted reactivity factor for component n, g
O3/g component.

    (b) In calculating the PWR, you must follow the guidelines in
paragraphs (b)(1) through (b)(4) of this section.
    (1) Any ingredient which does not contain carbon is assigned a RF
value of 0.
    (2) Any aerosol coating solid, including but not limited to resins,
pigments, fillers, plasticizers, and extenders is assigned a RF of 0.
These items do not have to be identified individually in the
calculation.
    (3) All individual compounds present in the coating in an amount
equal to or exceeding 0.1 percent will be considered ingredients
regardless of whether or not the ingredient is reported to the
manufacturer.
    (4) All individual compounds present in the coating in an amount
less than 0.1 percent will be assigned an RF value of 0.
    (5) Any component that is a VOC but is not listed in Table 2A, 2B,
or 2C of this subpart is assigned an RF value as detailed in paragraph
(e) of this section.
    (c) You may use either formulation data (including information for
both the liquid and propellant phases), California Air Resources Board
Method 310--Determination of Volatile Organic Compounds (VOC) in
Consumer Products and Reactive Organic Compounds in Aerosol Coating
Products (May 5, 2005) (incorporated by reference in 59.515), or EPA's
Method 311--Analysis of Hazardous Air Pollutant Compounds in Paints and
Coatings by Direct Injection into a Gas Chromatograph (40 CFR part 63,
appendix A), to calculate the PWR. However, if there are
inconsistencies between the formulation data and the California Air
Resources Board Method 310 (May 5, 2005) (incorporated by reference in
59.515), or EPA Method 311--Analysis of Hazardous Air Pollutant
Compounds in Paints and Coatings by Direct Injection into a Gas
Chromatograph (40 CFR part 63, appendix A) results, the California Air
Resources Board Method 310 (May 5, 2005) (incorporated by reference in
59.515), or EPA Method 311--Analysis of Hazardous Air Pollutant
Compounds in Paints and Coatings by Direct Injection into a Gas
Chromatograph (40 CFR part 63, appendix A) results will govern.
    (d) If you manufacture a coating containing either an aromatic or
aliphatic hydrocarbon solvent mixture, you must use the appropriate RF
for that mixture provided in Table 2B or 2C of this subpart when
calculating the PWR using formulation data. However, when calculating
the PWR for a coating containing these mixtures using data from
California Air Resources Board Method 310 (May 5, 2005) (incorporated
by reference in 59.515), or EPA Method 311--Analysis of Hazardous Air
Pollutant Compounds in Paints and Coatings by Direct Injection into a
Gas Chromatograph (40 CFR part 63, appendix A), you must identify the
individual compounds that are present in the solvent mixture and use
the weight fraction of those individual compounds and their RF from
Table 2A of this subpart in the calculation.
    (e) If a VOC is used in a product but not listed in Table 2A of
this subpart, the Reactivity Factor (RF) is assigned according to
paragraphs (e)(1), (e)(2), (e)(3) or (e)(4) of this section.
    (1) If the VOC is not listed in Table 2A of this subpart, but has
an RF greater than 0.3, the regulated entity may petition EPA to add
the VOC to Table 2A, as described in Sec.  59.511(j). Based on these
petitions, EPA will periodically update the appropriate table. Once an
RF for a VOC is listed on the appropriate table, that RF will be used
for that VOC for the purposes of this rule. As provided in Sec.
59.511(j), any petitions submitted to EPA on or before June 1, 2008,
will be considered, and if appropriate, incorporated into Table 2A on
or before January 1, 2009.
    (2) If the VOC is used in a product but not listed in Table 2A of
this regulation, and has an RF less than or equal to 0.3, and will be
used at a level greater than or equal to 7.3 weight percent (g of
compound/g product) in any of the regulated entity's formulations, the
regulated entity may petition EPA as described in Sec.  59.511(j).
Based on these petitions, EPA will periodically update the appropriate
table. Once an RF for a VOC is listed on the appropriate table, that RF
will be used for that VOC for the purposes of this rule. As provided in
Sec.  59.511(j), any petition submitted to EPA on or before June 1,
2008 will be considered, and if appropriate, incorporated into Table 2A
on or before January 1, 2009.
    (3) If a compound has an RF less than or equal to 0.3, and will not
be used at a level greater than or equal to 7.3 weight percent (g of
compound/g product) in any of the regulated entity's formulations, the
RF to be used in all calculations by that entity for this subpart is 0.
    (4) Except as provided in paragraph (e)(1), (e)(2) and (e)(3) of
this section, if a VOC is not listed in Table 2A of this subpart, it is
assigned a default RF factor of 22.04 g O3/g VOC. As described in Sec.
59.511(j), regulated entities may petition the Administrator to add a
compound or mixture to Table 2A, 2B, or 2C of this subpart.
    (f) In calculating the PWR value for a coating containing an
aromatic hydrocarbon solvent with a boiling range different from the
ranges specified in Table 2C of this subpart, you must assign an RF as
described in paragraphs (f)(1) and (f)(2) of this section:
    (1) If the solvent boiling point is lower than or equal to 420
degrees F, then you must use the RF in Table 2C of this subpart
specified for bin 23;
    (2) If the solvent boiling point is higher than 420 degrees F, then
you must use the RF specified in Table 2C of this subpart for bin 24.
    (g) For purposes of compliance with the PWR limits, all compounds
listed in Tables 2A, 2B, or 2C that are used in the aerosol coating
products must be included in the calculation. This includes compounds
that may otherwise be exempted from the definition of VOC in Sec.
59.100(s).

Sec.  59.506  How do I demonstrate compliance if I manufacture multi-
component kits?

    (a) If you manufacture multi-component kits as defined in Sec.
59.503, then the Kit PWR must not exceed the Total Reactivity Limit.
    (b) You must calculate the Kit PWR and the Total Reactivity Limit
as follows:
    (1) KIT PWR = (PWR(1) x W1) +
(PWR(2) x W2) +. ...+ (PWR(n) x
Wn)

    (2) Total Reactivity Limit = (RL1 x W1) +
(RL2 x W2) +...+ (RLn x
Wn).
    (3) Kit PWR <= Total Reactivity Limit.

Where:

W = the weight of the product contents (excluding container).
RL = the PWR Limit specified in Table 1 of this subpart.
Subscript 1 denotes the first component product in the kit.
Subscript 2 denotes the second component product in the kit.
Subscript n denotes any additional component product.

Sec.  59.507  What are the labeling requirements for aerosol coatings?

    (a) The labels of all aerosol products manufactured on and after
the applicable compliance date listed in Sec.  59.502 must contain the
information listed in paragraphs (a)(1) through (4) of this section.
    (1) The aerosol coating category code for the coating, based on the
category definitions in Sec.  59.503. This code can be the default
category code shown in Table 1 of this subpart or a company-specific
code, if that code is explained as required by Sec.  59.511(a);
    (2) The applicable PWR limit for the product specified in Table 1
of this subpart;
    (3) The day, month, and year on which the product was manufactured,
or a code indicating such date;
    (4) The name and a contact address for the manufacturer,
distributor, or importer that is the regulated entity under this
subpart.
    (b) The label on the product must be displayed in such a manner
that it is readily observable without removing or disassembling any
portion of the product container or packaging. The information may be
displayed on the bottom of the container as long as it is clearly
legible without removing any product packaging.

Sec.  59.508  What test methods must I use?

    (a) Except as provided in Sec.  59.505(c), you must use the
procedures in California Air Resource Board Method 310--Determination
of Volatile Organic Compounds (VOC) in Consumer Products and Reactive
Organic Compounds in Aerosol Coating Products (May 5, 2005)
(incorporated by reference in Sec.  59.515) or EPA's Method 311--
Analysis of Hazardous Air Pollutant Compounds in Paints and Coatings by
Direct Injection into a Gas Chromatograph (40 CFR part 63, appendix A)
to determine the speciated ingredients and weight percentage of each
ingredient of each aerosol coating product. EPA Method 311--Analysis of
Hazardous Air Pollutant Compounds in Paints and Coatings by Direct
Injection into a Gas Chromatograph (40 CFR part 63, appendix A) must be
used in conjunction with ASTM Method D3063-94 or D3074-94 for analysis
of the propellant portion of the coating. Those choosing to use
California Air Resources Board Method 310 (May 5, 2005) (incorporated
by reference in Sec.  59.515) must follow the procedures specified in
section 5.0 of that method with the exception of section 5.3.1, which
requires the analysis of the VOC content of the coating. For the
purposes of this subpart, you are not required to determine the VOC
content of the aerosol coating. For both California Air Resources Board
Method 310 (May 5, 2005) (incorporated by reference in Sec.  59.515)
and EPA Method 311--Analysis of Hazardous Air Pollutant Compounds in
Paints and Coatings by Direct Injection into a Gas Chromatograph (40
CFR part 63, appendix A), you must have a listing of the VOC
ingredients in the coating before conducting the analysis.
    (b) To determine the metal content of metallic aerosol coating
products, you must use South Coast Air Quality Management District
(SCAQMD) Method 318-95, Determination of Weight Percent Elemental Metal
in Coatings by X-ray Diffraction, July, 1996, in 40 CFR part 59
(incorporated by reference in Sec.  59.515).
    To determine the specular gloss of flat and nonflat coatings you
must use ASTM Method D523-89 (Reapproved 1999), Standard Test Method
for Specular Gloss, in 40 CFR part 59 (incorporated by reference in
Sec.  59.515).

Sec.  59.509  Can I get a variance?

    (a) Any regulated entity that cannot comply with the requirements
of this subpart because of circumstances beyond its reasonable control
may apply in writing to the Administrator for a temporary variance. The
variance application must include the information specified in
paragraphs (a)(1) through (a)(5) of this section.
    (1) The specific products for which the variance is sought.
    (2) The specific provisions of the subpart for which the variance
is sought.
    (3) The specific grounds upon which the variance is sought.
    (4) The proposed date(s) by which the regulated entity will achieve
compliance with the provisions of this subpart. This date must be no
later than 3 years after the issuance of a variance.
    (5) A compliance plan detailing the method(s) by which the
regulated entity will achieve compliance with the provisions of this
subpart.
    (b) Within 30 days of receipt of the original application and
within 30 days of receipt of any supplementary information that is
submitted, the Administrator will send a regulated entity written
notification of whether the application contains sufficient information
to make a determination. If an application is incomplete, the
Administrator will specify the information needed to complete the
application, and provide the opportunity for the regulated entity to
submit written supplementary information or arguments to the
Administrator to enable further action on the application. The
regulated entity must submit this information to the Administrator
within 30 days of being notified that its application is incomplete.
    (c) Within 60 days of receipt of sufficient information to evaluate
the application, the Administrator will send a regulated entity written
notification of approval or disapproval of a variance application. This
60-day period will begin after the regulated entity has been sent
written notification that its application is complete.
    (d) The Administrator will issue a variance if the criteria
specified in paragraphs (d)(1) and (d)(2) of this section are met to
the satisfaction of the Administrator.
    (1) Complying with the provisions of this subpart would not be
technologically or economically feasible.
    (2) The compliance plan proposed by the applicant can reasonably be
implemented and will achieve compliance as expeditiously as possible.
    (e) A variance must specify dates by which the regulated entity
will achieve increments of progress towards compliance, and will
specify a final compliance date by which the regulated entity will
achieve compliance with this subpart.
    (f) A variance will cease to be effective upon failure of the party
to whom the variance was issued to comply with any term or condition of
the variance.

Sec.  59.510  What records am I required to maintain?

    (a) If you are the regulated entity identified in Sec.  59.501(a)
as being responsible for recordkeeping for a product, and no other
person has certified that they will fulfill your recordkeeping
responsibilities as provided in Sec.  59.511(g), you must comply with
paragraphs (a)(1) through (a)(5) of this section:

    (1) All records must be maintained on and after the applicable
compliance date listed in Sec.  59.502.
    (2) You are required to maintain records of the following at the
location specified in Sec.  59.511(b)(4) for each product subject to
the PWR limits in Table 1 of this subpart: The product category, all
product calculations, the PWR, and the weight fraction of all
ingredients including: Water, total solids, each VOC, and any other
compounds assigned a RF of zero as specified in Sec.  59.505. Solids do
not have to be listed individually in these records. If an individual
VOC is present in an amount less than 0.1 percent by weight, then it
does not need to be reported as an ingredient. An impurity that meets
the definition provided in Sec.  59.503 does not have to be reported as
an ingredient. For each batch of each product subject to the PWR
limits, you must maintain records of the date the batch was
manufactured, the volume of the batch, the recipe used for formulating
the batch, and the number of cans manufactured in each batch and each
formulation.
    (3) You must maintain a copy of each notification and report that
you submit to comply with this subpart, the documentation supporting
each notification, and a copy of the label for each product.
    (4) If you claim the exemption under Sec.  59.501(e), you must
maintain a copy of the initial report and each annual report that you
submit to EPA, and the documentation supporting such report.
    (5) You must maintain all records required by this subpart for a
minimum of 5 years. The records must be in a form suitable and readily
available for inspection and review.
    (b) By providing the written certification to the Administrator in
accordance with Sec.  59.511(g), the certifying manufacturer 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 manufacturer in accordance with the enforcement
provisions applicable to violation of these provisions by regulated
entities. If the certifying manufacturer revokes its certification, as
allowed by Sec.  59.511(h), the regulated entity must assume
responsibility for maintaining all records required by this section.

Sec.  59.511  What notifications and reports must I submit?

    (a) If you are the regulated entity identified in Sec.  59.501(a)
and (b) as being responsible for notifications and reporting for a
product, and no other person has certified that they will fulfill your
notification and reporting responsibilities as provided in paragraph
(g) of this section, you are responsible for all notifications and
reports included in this section. If no distributor is named on the
label, the manufacturer or importer of the aerosol coating is
responsible for all requirements of this section, even if not listed on
the label.
    (b) You must submit an initial notification no later than 90 days
before the compliance date, or at least 90 days before the date that
you first manufacture, distribute, or import aerosol coatings,
whichever is later. The initial notification must include the
information in paragraphs (b)(1) through (b)(11) of this section.
    (1) Company name;
    (2) Name, title, address, telephone number, e-mail address and
signature of certifying company official;
    (3) A list of the product categories from Table 1 of this subpart
that you manufacture, import, or distribute;
    (4) The street address of each of your facilities in the United
States that is manufacturing, packaging, or importing aerosol coatings
that are subject to the provisions of this subpart, and the street
address where compliance records are maintained for each site, if
different;
    (5) A description of date coding systems, clearly explaining how
the date of manufacture is marked on each sales unit;
    (6) An explanation of the product category codes that will be used
on all required labels, or a statement that the default category codes
in Table 1 of this subpart will be used;
    (7) For each product category, an explanation of how the
manufacturer, distributor, or importer will define a batch for the
purpose of the recordkeeping requirements;
    (8) A list of any compounds or mixtures that will be used in
aerosol coatings that are not included in Table 2A, 2B, or 2C of this
subpart;
    (9) For each product category, VOC formulation data for each
formulation that you anticipate manufacturing, importing, or
distributing for calendar year 2009 or for the first year that includes
your compliance date, if different than 2009. If a regulated entity can
certify that the reporting is being completed by another regulated
entity for any product, no second report is required. The formulation
data must include the weight fraction (g compound/g product) for each
VOC ingredient used in the product in an amount greater than or equal
to 0.1 percent. The formulation data must also include the information
in either paragraph (b)(9)(i) or (b)(9)(ii) of this section for each
VOC ingredient reported.
    (i) For compounds listed in Table 2A of this regulation, the
chemical name, CAS number, and the applicable reactivity factor; or
    (ii) For hydrocarbon solvent mixtures listed in either 2B or 2C or
this subpart, the trade name, solvent mixture manufacturer, bin number,
and the applicable reactivity factor.
    (10) For each product formulation, a list of the unique product
codes by Universal Product Code (UPC), or other unique identifier; and
    (11) A statement certifying that all products manufactured by the
company that are subject to the limits in Table 1 of this subpart will
be in compliance with those limits.
    (c) If you change any information included in the initial
notification required by paragraph (b) of this section, including the
list of aerosol categories, contact information, records location, the
category or date coding system, or the list required under paragraph
(b)(8) of this section, you must notify the Administrator of such
changes within 30 days following the change. You are also required to
notify the Administrator within 30 days of the date that you begin
using an organic compound in any of your aerosol coating products if
that compound has an RF less than or equal to 0.3, and is used at a
level greater than or equal to 7.3 weight percent (g of compound/g
product) in any of your formulations. You are not required to notify
the Administrator within 30 days of changes to the information provided
as required by paragraph (b)(9) of this section. Changes in formulation
are to be reported in the triennial reporting required by paragraph (i)
of this section.
    (d) Upon 60 days written notice, you must submit to the
Administrator a written report with all the information in paragraphs
(d)(1) through (d)(5) of this section for each product you manufacture,
distribute, or import under your name or another company's name.
    (1) The brand name of the product;
    (2) A copy of the product label;
    (3) The owner of the trademark or brand names;
    (4) The product category as defined in Sec.  59.503;
    (5) For each product, formulation data for each formulation that
manufactured, imported, or distributed in the

requested time period. The formulation data must include the weight
fraction (g compound/g product) for each VOC ingredient used in the
product in an amount greater than or equal to 0.1 percent, plus the
weight fraction of all other ingredients including: Water, total
solids, and any other compounds assigned an RF of zero. The formulation
data must also include the information in either paragraph (d)(5)(i) or
(ii) of this section.
    (i) For compounds listed in Table 2A of this subpart, the chemical
name, CAS number, and the applicable reactivity factor.
    (ii) For hydrocarbon solvent mixtures listed in either 2B or 2C or
this table, the trade name, solvent mixture manufacturer, bin number,
and the applicable reactivity factor.
    (e) If you claim the exemption under Sec.  59.501(e), you must
submit an initial notification no later than 90 days before the
compliance date or at least 90 days before the date that you first
manufacture aerosol coatings, whichever is later. The initial
notification must include the information in paragraphs (e)(1) through
(e)(6) of this section.
    (1) Company name;
    (2) Name, title, number, address, telephone number, e-mail address,
and signature of certifying company official;
    (3) A list of the product categories from Table 1 of this subpart
that you manufacture;
    (4) The total amount of product you manufacture in each category
and the total VOC mass content of such products for the preceding
calendar year;
    (5) The street address of each of your facilities in the United
States that is manufacturing aerosol coatings that are subject to the
provisions of this subpart and the street address where compliance
records are maintained for each site, if different; and
    (6) A list of the States in which you sell or otherwise distribute
the products you manufacture.
    (f) If you claim the exemption under Sec.  59.501(e), you must file
an annual report for each year in which you claim an exemption from the
limits of this subpart. Such annual report must be filed by March 1 of
the year following the year in which you manufactured the products. The
annual report shall include the same information required in paragraphs
(e)(1) through (e)(6) of this section.
    (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 report to the appropriate Regional Office listed in Sec.
59.512. This report must include the information contained in (g)(1)
though (g)(4) of this section.
    (1) Name and address of certifying entity;
    (2) Name and address(es) of the regulated entity for which you are
accepting responsibility;
    (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; and
    (4) Signature of responsible official for the company.
    (h) An entity that has provided certification under paragraph (g)
of this section (the ``certifying entity'') may revoke the written
certification by sending a written statement to the appropriate
Regional Office listed in Sec.  59.512 and to the regulated entity for
which the certifying had accepted responsibility, giving a minimum of
90 days notice that the certifying entity is rescinding acceptance of
responsibility for compliance with the requirements outlined in the
certification letter. Upon expiration of the notice period, the
regulated entity must assume responsibility for all applicable
requirements.
    (i) As a regulated entity in accordance with paragraph (a) of this
section, you must provide the information requested in paragraphs
(i)(1) through (i)(4) of this section every three years beginning in
2011 for reporting year 2010. The report shall be submitted by March 31
of the year following the reporting year to the appropriate Regional
Office listed in Sec.  59.512. The first report is due March 31, 2011,
for calendar year 2010.
    (1) All identification information included in paragraphs (b)(1),
(b)(2), and (b)(4) of this section;
    (2) For each product category, VOC formulation data for each
formulation that was manufactured, imported, or distributed in the
reporting year. The formulation data must include the weight fraction
(g compound/g product) for each VOC ingredient used in the product in
an amount equal to or greater than 0.1 percent. If a regulated entity
can certify that the reporting is being completed by another regulated
entity for any product, no second report is required. The formulation
data must include the information in either paragraph (i)(2)(i) or
(i)(2)(ii) of this section for each VOC present in an amount greater
than or equal to 0.1 percent.
    (i) For compounds listed in Table 2A of this subpart, the chemical
name, CAS number, and the applicable reactivity factor; or
    (ii) For hydrocarbon solvent mixtures listed in either 2B or 2C of
this subpart, the trade name, solvent mixture manufacturer, bin number,
and the applicable reactivity factor.
    (3) For each formulation, the total mass of each individual VOC
species present in an amount greater than or equal to 0.1 percent of
the formulation, that was manufactured, imported, or distributed in the
reporting year; and
    (4) For each formulation, a list of the individual product codes by
UPC or other unique identifier.
    (j) If a regulated entity identifies a VOC that is needed for an
aerosol formulation that is not listed in Tables 2A, 2B, or 2C of this
subpart, it is assigned a default RF factor of 22.04 g O3/g VOC.
Regulated entities may petition the Administrator to add a compound to
Table 2A, 2B, or 2C of this subpart. Petitions must include the
chemical name, CAS number, a statement certifying the intent to use the
compound in an aerosol coatings product, and adequate information for
the Administrator to evaluate the reactivity of the compound and assign
a RF value consistent with the values for the other compounds listed in
Table 2A of this subpart. Any requests submitted to EPA on or before
June 1, 2008 will be considered and, if appropriate, incorporated into
Table 2A, 2B, or 2C of this subpart on or before January 1, 2009.

Sec.  59.512  Addresses of EPA regional offices.

    All requests (including variance requests), reports, submittals,
and other communications to the Administrator pursuant to this
regulation shall be submitted to the Regional Office of the EPA which
serves the State or territory for the address that is listed on the
aerosol coating product in question. These areas are indicated in the
following list of EPA Regional Offices.

EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont), Director, Office of Environmental Stewardship,
Mailcode: SAA, JFK Building, Boston, MA 02203.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
Director, Division of Enforcement and Compliance Assistance, 290
Broadway, New York, NY 10007-1866.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia), Air

Protection Division, 1650 Arch Street, Philadelphia, PA 19103.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee), Director, Air, Pesticides and
Toxics, Management Division, 345 Courtland Street, NE., Atlanta, GA
30365.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin),
Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago,
IL 60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas),
Director, Air, Pesticides and Toxics Division, 1445 Ross Avenue,
Dallas, TX 75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and
Toxics Division, 726 Minnesota Avenue, Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming), Director, Air and Toxics Division, 999 18th Street, 1 Denver
Place, Suite 500, Denver, Colorado 80202-2405.
EPA Region IX (American Samoa, Arizona, California, Guam, Hawaii,
Nevada), Director, Air Division, 75 Hawthorne Street, San Francisco, CA
94105.
EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Air and
Toxics Division, 1200 Sixth Avenue, Seattle, WA 98101.

Sec.  59.513  State authority.

    The provisions in this regulation will not be construed in any
manner to preclude any State or political subdivision thereof from:
    (a) Adopting and enforcing any emission standard or limitation
applicable to a manufacturer, distributor or importer of aerosol
coatings or components in addition to the requirements of this subpart.
    (b) Requiring the manufacturer, distributor or importer of aerosol
coatings or components to obtain permits, licenses, or approvals prior
to initiating construction, modification, or operation of a facility
for manufacturing an aerosol coating or component.

Sec.  59.514  Circumvention.

    Each manufacturer, distributor, and importer of an aerosol coating
or component subject to the provisions of this subpart must not alter,
destroy, or falsify any record or report, to conceal what would
otherwise be noncompliance with this subpart. Such concealment
includes, but is not limited to, refusing to provide the Administrator
access to all required records and date-coding information, misstating
the PWR content of a coating or component batch, or altering the
results of any required tests to determine the PWR.

Sec.  59.515  Incorporations by reference.

    (a) The following material is incorporated by reference (IBR) in
the paragraphs noted in Sec.  59.508. These incorporations by reference
were approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of approval, and notice of any
changes in these materials will be published in the Federal Register.
    (1) California Air Resources Board Method 3-0--Determination of
Volatile Organic Compounds (VOC) in Consumer Products and Reactive
Organic Compounds in Aerosol Coating Products (May 5, 2005), IBR
approved for Sec.  59.508.
    (2) South Coast Air Quality Management District (SCAQMD) Test
Method 318-95, Determination of Weight Percent Elemental Metal in
Coatings by X-ray Diffraction, (July, 1996), IBR approved for Sec.
59.508.
    (3) ASTM Method D523-89 (Reapproved 1999), Standard Test Method for
Specular Gloss, IBR approved for Sec.  59.508.
    (b) You may obtain and inspect the materials at the Air and
Radiation Docket and Information Center, U.S. EPA, 401 M Street, SW.,
Washington, DC; the EPA Library, 109 T.W. Alexander Drive, U.S. EPA,
Research Triangle Park, North Carolina; you may inspect the materials
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.

Sec.  59.516  Availability of information and confidentiality.

    (a) Availability of information. The availability to the public of
information provided to or otherwise obtained by the Administrator
under this part shall be governed by part 2 of this chapter.
    (b) Confidentiality. All confidential business information entitled
to protection under section 114(c) of the Clean Air Act (CAA) that must
be submitted or maintained by each regulated entity pursuant to this
subpart shall be treated in accordance with 40 CFR part 2, subpart B.
    (c) Reports and Applications. The content of all reports and
applications required to be submitted to the Agency under Sec.  59.511,
Sec.  59.509, or Sec.  59.502 are not entitled to protection under
Section 114(c) of the CAA.

 Table 1 to Subpart E of Part 59.--Product-Weighted Reactivity Limits by
                            Coating Category
                            [g O3/g product]
------------------------------------------------------------------------
                                                            Reactivity
         Coating category            Category code \a\         limit
------------------------------------------------------------------------
Clear Coatings...................  CCP                              1.50
Flat Coatings....................  FCP                              1.20
Fluorescent Coatings.............  FLP                              1.75
Metallic Coatings................  MCP                              1.90
Non-Flat Coatings................  NFP                              1.40
Primers..........................  PCP                              1.20
Ground Traffic/Marking...........  GTM                              1.20
Art Fixatives or Sealants........  AFS                              1.80
Auto body primers................  ABP                              1.55
Automotive Bumper and Trim         ABT                              1.75
 Products.
Aviation or Marine Primers.......  AMP                              2.00
Aviation Propellor Coatings......  APC                              2.50
Corrosion Resistant Brass,         CRB                              1.80
 Bronze, or Copper Coatings.
Exact Match Finish--Engine Enamel  EEE                              1.70
Exact Match Finish--Automotive...  EFA                              1.50
Exact Match Finish--Industrial...  EFI                              2.05
Floral Sprays....................  FSP                              1.70
Glass Coatings...................  GCP                              1.40

High Temperature Coatings........  HTC                              1.85
Hobby/Model/Craft Coatings,        HME                              1.45
 Enamel.
Hobby/Model/Craft Coatings,        HML                              2.70
 Lacquer.
Hobby/Model/Craft Coatings, Clear  HMC                              1.60
 or Metallic.
Marine Spar Varnishes............  MSV                              0.90
Photograph Coatings..............  PHC                              1.00
Pleasure Craft Primers, Surfacers  PCS                              1.05
 or Undercoaters.
Pleasure Craft Topcoats..........  PCT                              0.60
Polyolefin Adhesion Promoters....  PAP                              2.50
Shellac Sealers, Clear...........  SSC                              1.00
Shellac Sealers, Pigmented.......  SSP                              0.95
Slip-Resistant Coatings..........  SRC                              2.45
Spatter/Multicolor Coatings......  SMC                              1.05
Vinyl/Fabric/Leather/              VFL                              1.55
 Polycarbonate Coatings.
Webbing/Veiling Coatings.........  WFC                              0.85
Weld-Through Primers.............  WTP                              1.00
Wood Stains......................  WSP                              1.40
Wood Touch-up/Repair or            WTR                             1.50
 Restoration Coatings.
------------------------------------------------------------------------
\a\ Regulated entities may use these category codes or define their own
  in accordance with Sec.   59.511(b)(6).

          Table 2A to Subpart E of Part 59.--Reactivity Factors
------------------------------------------------------------------------
                                                            Reactivity
                Compound                      CAS No.         factor
------------------------------------------------------------------------
1-Butanol...............................         71-36-3            3.34
1,2,4-Trimethylbenzene..................         95-63-6            7.18
2-Butanol (s-Butyl alcohol).............         78-92-2            1.60
2-Butoxy-1-Ethanol (Ethylene glycol             111-76-2            1.67
 monobutyl ether).......................
2-Propoxyethanol (ethylene glycol              2807-30-9            3.52
 monopropyl ether)......................
Acetone (Propanone).....................         67-64-1            0.43
Amyl acetate (Pentyl ethanoate, pentyl          628-63-7            0.96
 acetate)...............................
Butane..................................        106-97-8            1.33
Butyl acetate, n........................        123-86-4            0.89
Cyclohexanone...........................        108-94-1            1.61
Di (2-ethylhexyl phthalate).............        117-81-7  ..............
Diacetone alcohol.......................        123-42-2            0.68
Diethanolamine..........................        111-42-2            4.05
Diisobutyl ketone.......................        108-83-8            2.94
Dimethyl ether..........................        115-10-6            0.93
Ethanol.................................         64-17-5            1.69
Ethyl acetate...........................        141-78-6            0.64
Ethyl benzene...........................        100-41-4            2.79
Ethyl-3-Ethoxypropionate................        763-69-9            3.61
Ethylene glycol monoethyl ether acetate         111-15-9             1.9
 (2-Ethoxyethyl acetate)................
Heptane.................................        142-82-5            1.28
Hexane..................................        110-54-3            1.45
Isobutane...............................         75-28-6            1.35
Isobutanol..............................         78-83-1            2.24
Isobutyl Acetate........................        110-19-0            0.67
Isohexane Isomers.......................        107-83-5            1.80
Isopropyl alcohol (2-Propanol)..........         67-63-0            0.71
Methanol................................         67-56-1            0.71
Methyl amyl ketone......................        110-43-0            2.80
Methyl ethyl ketone (2-Butanone)........         78-93-3            1.49
Methyl isobutyl ketone..................        108-10-1            4.31
Methyl n-Propyl Ketone (2-Pentanone)....        107-87-9            3.07
N,N-Dimethylethanolamine................        108-01-0            4.76
N-Butyl alcohol (Butanol)...............         71-36-3            3.34
Pentane.................................        109-66-0            1.54
Propane.................................         74-98-6            0.56
Propylene glycol........................         57-55-6            2.75
Propylene glycol monomethyl ether               108-65-6            1.71
 acetate................................
Texanol (1,3 Pentanediol, 2,2,4-              25265-77-4            0.89
 trimethyl, 1-isobutyrate)..............
Toluene.................................        108-88-3            3.97
Vinyl Chloride..........................         75-01-4            2.92
Xylene, meta-...........................        108-38-3           10.61
Xylene, ortho-..........................         95-47-6            7.49
Xylene, para-...........................        106-42-3            4.25
------------------------------------------------------------------------

   Table 2B to Subpart E of Part 59.--Reactivity Factors for Aliphatic
                      Hydrocarbon Solvent Mixtures
------------------------------------------------------------------------
                        Average
        Bin          boiling point        Criteria          Reactivity
                    *  (degrees F)                            factor
------------------------------------------------------------------------
1.................          80-205  Alkanes (< 2%                   2.08
                                     Aromatics).
2.................          80-205  N- & Iso-Alkanes (>=            1.59
                                     90% and < 2%
                                     Aromatics).
3.................          80-205  Cyclo-Alkanes (>=               2.52
                                     90% and < 2%
                                     Aromatics).
4.................          80-205  Alkanes (2 to < 8%              2.24
                                     Aromatics).
5.................          80-205  Alkanes (8 to 22%               2.56
                                     Aromatics).
6.................        >205-340  Alkanes (< 2%                   1.41
                                     Aromatics).
7.................        >205-340  N- & Iso-Alkanes (              1.17
                                     >= 90% and < 2%
                                     Aromatics).
8.................        >205-340  Cyclo-Alkanes (>=               1.65
                                     90% and < 2%
                                     Aromatics).
9.................        >205-340  Alkanes (2 to < 8%              1.62
                                     Aromatics).
10................        >205-340  Alkanes (8 to 22%               2.03
                                     Aromatics).
11................        >340-460  Alkanes (< 2%                   0.91
                                     Aromatics).
12................        >340-460  N- & Iso-Alkanes (>=            0.81
                                     90% and < 2%
                                     Aromatics).
13................        >340-460  Cyclo-Alkanes (>=               1.01
                                     90% and < 2%
                                     Aromatics).
14................        >340-460  Alkanes (2 to < 8%              1.21
                                     Aromatics).
15................        >340-460  Alkanes (8 to 22%               1.82
                                     Aromatics).
16................        >460-580  Alkanes (< 2%                   0.57
                                     Aromatics).
17................        >460-580  N- & Iso-Alkanes (>=            0.51
                                     90% and < 2%
                                     Aromatics).
18................        >460-580  Cyclo-Alkanes (>=               0.63
                                     90% and < 2%
                                     Aromatics).
19................        >460-580  Alkanes (2 to < 8%              0.88
                                     Aromatics).
20................        >460-580  Alkanes (8 to 22%              1.49
                                     Aromatics).
------------------------------------------------------------------------
* Average Boiling Point = (Initial Boiling Point + Dry Point) / 2 (b)
  Aromatic Hydrocarbon Solvents

   Table 2C to Subpart E of Part 59.--Reactivity Factors for Aromatic
                      Hydrocarbon Solvent Mixtures
------------------------------------------------------------------------
                     Boiling range                          Reactivity
        Bin           (degrees F)         Criteria            factor
------------------------------------------------------------------------
21................         280-290  Aromatic Content                7.37
                                     (>=98%).
22................         320-350  Aromatic Content                7.51
                                     (>=98%).
23................         355-420  Aromatic Content                8.07
                                     (>=98%).
24................         450-535  Aromatic Content                5.00
                                     (>=98%).
------------------------------------------------------------------------

 [FR Doc. E8-5589 Filed 3-21-08; 8:45 am]

BILLING CODE 6560-50-P