[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Proposed Rules]
[Pages 51851-51857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19896]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 59

[EPA-HQ-OAR-2006-0971; FRL-7966-02-OAR]
RIN 2060-AU94


National Volatile Organic Compound Emission Standards for Aerosol 
Coatings Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to 
amend the National Volatile Organic Compound (VOC) Emission Standards 
for Aerosol Coatings, which establishes reactivity-based emission 
standards for the aerosol coatings category (aerosol spray paints) 
under the Clean Air Act (CAA). In this action, the EPA is proposing to 
update coating category product-weighted reactivity limits for aerosol 
coatings categories; add new compounds and reactivity factors (RFs); 
update existing reactivity values; revise the default RF; amend the 
thresholds for compounds regulated by this document; and add electronic 
reporting provisions.

DATES: 
    Comments. Comments must be received on or before November 16, 2021. 
Under the Paperwork Reduction Act (PRA), comments on the information 
collection provisions are best assured of consideration if the Office 
of Management and Budget (OMB) receives a copy of your comments on or 
before October 18, 2021.
    Public Hearing: If anyone contacts us requesting a public hearing 
on or before September 22, 2021, the Agency will hold a virtual public 
hearing. See SUPPLEMENTARY INFORMATION for information on requesting 
and registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0971, 40 Code of Federal Regulations (CFR) part 59, subpart E, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA-
HQ-OAR-2006-0971 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2006-0971.
    Instructions: All submissions received must include the Docket ID 
No. EPA-HQ-OAR-2006-0971 for this rulemaking. Comments received may be 
posted without change to https://www.regulations.gov/, including any 
personal information provided. For detailed instructions on sending 
comments and additional information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance 
of caution for members of the public and our staff, the EPA Docket 
Center and Reading Room closed to public visitors on March 31, 2020 to 
reduce the risk of transmitting COVID-19 Our Docket Center staff will 
continue to provide remote customer service via email, phone, and 
webform. The Agency encourages the public to submit comments via 
https://www.regulations.gov/or email, as there is a temporary 
suspension of mail delivery to EPA, and no hand deliveries are 
currently accepted. For further information on EPA Docket Center 
services and the current status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For information about the National 
Volatile Organic Compound Emission Standards for Aerosol Coatings, 
contact Ms. J. Kaye Whitfield, U.S. EPA, Office of Air Quality Planning 
and Standards, Sector Policies and Programs Division, Minerals and 
Manufacturing Group (D243-04), Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-2509; fax number (919) 541-4991; and 
email address: whitfield.kaye@epa.gov. For questions related to 
enforcement, contact Mr. John Cox, Office of Enforcement and Compliance 
Assurance, U.S. Environmental Protection Agency, U.S. EPA WJC South 
Building (2221A), Pennsylvania Avenue NW, Washington, DC 20460; 
telephone number; (202-564-1395); and email address: cox.john@epa.gov. 
For questions regarding electronic reporting, contact Ms. Theresa Lowe, 
U.S. EPA, Office of Air Quality Planning and Standards, Sector Policies 
and Programs Division, Measurement Policy Group (D243-05), Research 
Triangle Park, North Carolina 27711; telephone number: (919) 541-4786; 
and email address: lowe.theresa@epa.gov.

SUPPLEMENTARY INFORMATION:
    Entities Potentially Affected by This Action. The entities 
potentially affected by this regulation include manufacturers, 
processors, wholesale distributors, or importers of aerosol coatings 
for sale or distribution in the United States, or manufacturers, 
processors, wholesale distributors, or 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 proposed action include those listed in the North 
American Industry Classification System codes 32551 and 325998. This 
list is not intended to be exhaustive, but rather provides a guide for 
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.
    Obtaining a copy of this document and other related information. In 
addition to being available in the docket, an electronic copy of this 
action is available on the internet. Following signature by the EPA 
Administrator, the EPA will post a copy of this proposed action at 
https://www.epa.gov/stationary-sources-air-pollution/aerosol-coatings-national-volatile-organic-compound-emission. Following publication in 
the Federal Register, the EPA will post the Federal Register version of 
the proposal and key technical documents at this same website.
    The proposed changes to the regulatory text in the CFR that would 
be necessary to incorporate the changes proposed in this action are set 
out the document titled Proposed Regulation Edits for 40 CFR part 59, 
subpart E in the docket for this action (Docket ID No.

[[Page 51852]]

EPA-HQ-OAR-2006-0971). This document includes the specific proposed 
amendatory language for revising the CFR and, for the convenience of 
interested parties, a redline version of the regulations. Following 
signature by the EPA Administrator, the EPA will also post a copy of 
this memorandum and the attachment to https://www.epa.gov/stationary-sources-air-pollution/aerosol-coatings-national-volatile-organic-compound-emission.
    Participation in virtual public hearing. Please note that the EPA 
is deviating from its typical approach for public hearings because the 
President declared a national emergency. Due to the current Centers for 
Disease Control and Prevention (CDC) recommendations, as well as state 
and local orders for social distancing to limit the spread of COVID-19, 
the EPA cannot hold in-person public meetings at this time.
    To request a virtual public hearing, contact the public hearing 
team at (888) 372-8699 or by email at SPPDpublichearing@epa.gov. If 
requested, the virtual hearing will be held on October 4, 2021. The 
hearing will convene at 9:00 a.m. Eastern Time (ET) and will conclude 
at 3:00 p.m. ET. The EPA may close a session 15 minutes after the last 
pre-registered speaker has testified if there are no additional 
speakers. The EPA will announce further details at https://www.epa.gov/stationary-sources-air-pollution/aerosol-coatings-national-volatile-organic-compound-emission.
    Upon publication of this document in the Federal Register, the EPA 
will begin pre-registering speakers for the hearing, if a hearing is 
requested. To register to speak at the virtual hearing, please use the 
online registration form available at https://www.epa.gov/stationary-sources-air-pollution/aerosol-coatings-national-volatile-organic-compound-emission or contact the public hearing team at (888) 372-8699 
or by email at SPPDpublichearing@epa.gov. The last day to pre-register 
to speak at the hearing will be September 29, 2021. Prior to the 
hearing, the EPA will post a general agenda that will list pre-
registered speakers in approximate order at: https://www.epa.gov/stationary-sources-air-pollution/aerosol-coatings-national-volatile-organic-compound-emission.
    The EPA will make every effort to follow the schedule as closely as 
possible on the day of the hearing; however, please plan for the 
hearings to run either ahead of schedule or behind schedule.
    Each commenter will have 5 minutes to provide oral testimony. The 
EPA encourages commenters to provide the EPA with a copy of their oral 
testimony electronically (via email) by emailing it to 
whitfield.kaye@epa.gov. The EPA also recommends submitting the text of 
your oral testimony as written comments to the rulemaking docket.
    The EPA may ask clarifying questions during the oral presentations 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral testimony and 
supporting information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing will 
be posted online at https://www.epa.gov/stationary-sources-air-pollution/aerosol-coatings-national-volatile-organic-compound-emission. 
While the EPA expects the hearing to go forward as set forth above, 
please monitor our website or contact the public hearing team at (888) 
372-8699 or by email at SPPDpublichearing@epa.gov to determine if there 
are any updates. The EPA does not intend to publish a document in the 
Federal Register announcing updates. If you require the services of a 
translator or a special accommodation such as audio description, please 
pre-register for the hearing with the public hearing team and describe 
your needs by September 24, 2021. The EPA may not be able to arrange 
accommodations without advanced notice.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2006-0971. All documents in the dockets are 
listed in https://www.regulations.gov/. Although listed, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy. Publicly available docket materials are available either in the 
docket for this action, Docket ID No. EPA-HQ-OAR-2006-0971, or 
electronically at https://www.regulations.gov/.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0971. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://www.regulations.gov/. Do not submit electronically 
any information that you consider to be CBI or other information whose 
disclosure is restricted by statute. This type of information should be 
submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket. 
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, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your 
comment anonymously, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
https://www.regulations.gov/, your email address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the internet. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any 
digital storage media you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should not include special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    The EPA is temporarily suspending its Docket Center and Reading 
Room for public visitors, with limited exceptions, to reduce the risk 
of transmitting COVID-19. Our Docket Center staff will continue to 
provide remote customer service via email, phone, and webform. The EPA 
encourages the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and 
faxes. Hand deliveries or couriers will be received by scheduled 
appointment only. For further information and updates on EPA Docket 
Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from

[[Page 51853]]

the CDC, local area health departments, and our Federal partners so 
that the Agency can respond rapidly as conditions change regarding 
COVID-19.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov/ or email. Clearly mark the part or 
all the information that you claim to be CBI. For CBI information on 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media the specific information that is 
claimed as CBI. In addition to one complete version of the comments 
that includes information claimed as CBI, you must submit a copy of the 
comments that does not contain the information claimed as CBI directly 
to the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media clearly that it does 
not contain CBI. Information not marked as CBI will be included in the 
public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2. Send or deliver 
information identified as CBI only to the following address: OAQPS 
Document Control Officer (C404-02), OAQPS, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
Attention Docket ID No. EPA-HQ-OAR-2006-0971. Note that written 
comments containing CBI and submitted by mail may be delayed and no 
hand deliveries will be accepted.
    Organization of this document. The information in this preamble is 
organized as follows:

I. Background
II. What amendments have been made to the National Volatile Organic 
Compound Emission Standards for Aerosol Coatings Rule?
III. Summary of Proposed Amendments to the National Volatile Organic 
Compound Emission Standards for Aerosol Coatings
    A. Table 1 to Subpart E of Part 59.--Product-Weighted Reactivity 
Limits by Coatings Category
    B. Table 2 to Subpart E of Part 59.--2A Reactivity Factors, 2B 
Aliphatic Hydrocarbon Solvent Mixtures, and 2C Aromatic Hydrocarbon 
Solvent Mixtures
    C. The Default Reactivity Factor
    D. VOC Regulated Under This Rule
    E. Electronic Reporting of Notifications and Reports
    F. Test Methods
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 and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    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 Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Background

    The EPA promulgated ``The National Volatile Organic Compound 
Emission Standards for Aerosol Coatings,'' in 2008 (73 FR 15604; March 
24, 2008) and codified the action at 40 CFR part 59, subpart E 
(sections 59.500- 59.516). The rule established nationwide VOC 
reactivity-based standards for the aerosol coatings source category. 
The statutory authority for this action is provided by section 183(e) 
of the CAA, as amended (42 U.S.C. 7401 et seq.). Section 183(e) of the 
CAA requires the EPA to control 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 (NAAQS).
    The EPA and states typically have promulgated rules for regulating 
VOCs from consumer products based upon reductions of VOC content in the 
products by mass. One state, California, promulgated a regulation for 
VOC emissions from aerosol coatings based on a relative reactivity 
approach. The EPA promulgated a national rule based upon the relative 
reactivity approach after concluding that the approach could achieve 
more reduction in ozone formation than may be achieved by a mass-based 
approach for this source category. The reactivity-based approach 
requires the EPA to revise the regulatory definition of VOC to include 
compounds that would otherwise be exempt, 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 for other purposes, do count towards the 
applicable reactivity-based limits of the aerosol coatings standards.
    Regulated entities, encompassing all steps in aerosol coatings 
operations, include manufacturers, processors, wholesale distributors, 
or importers of aerosol coatings or their suppliers. There are 
approximately 46 regulated entities; however, two aerosol coatings 
companies account for about 70 percent of the U.S. market.\1\
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    \1\ Email Conversation, American Coatings Association, March 29, 
2021.
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II. What amendments have been made to the National Volatile Organic 
Compound Emission Standards for Aerosol Coatings Rule?

    The national emission standards for aerosol coatings (74 FR 29595; 
June 23, 2009) has been amended several times. In accordance with 
section 59.511(j), the EPA responded to an industry petition and added 
128 compounds, corresponding reactivity factors, and Chemical Abstract 
Service (CAS) numbers for each compound or class of compounds listed in 
Table 2A. In addition, the Agency changed the 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. In the same action, the 
EPA amended section 59.511(g) to ensure that both the certifying entity 
and the regulated entity have full knowledge of responsibilities 
assumed by the certifying entity. In a later action, the EPA responded 
to a second petition from industry and added three new compounds, 
reactivity factors, and CAS numbers to Table 2A of the rule. See 77 FR 
14279 (March 9, 2012).

III. Summary of Proposed Amendments to the National Volatile Organic 
Compound Emission Standards for Aerosol Coatings

    The EPA is proposing to amend Tables 1 and 2 to subpart E of part 
59, the default reactivity factor, VOC regulated by the rule, and 
requirements for submitting reports. The Agency is proposing these 
changes, in part, to respond to petitions from American Coatings 
Association (ACA) requesting revisions to the standards that promote 
consistency and uniformity, where appropriate, between California Air 
Resources Board (CARB) and national aerosol coatings regulations. For 
more information on the petitions submitted

[[Page 51854]]

by ACA to the Agency, see the docket for this action, Docket ID No. 
EPA-HQ-OAR-2006-0971.

A. Table 1 to Subpart E of Part 59.--Product-Weighted Reactivity Limits 
by Coatings Category

    The national rule establishes product-weighted reactivity limits, 
listed in Table 1, for each coating category. Compliance with these 
limits is determined by the mass weighted sum of the reactivity values 
of the VOC ingredients in the product. In this action, the Agency is 
proposing to update both the reactivity values of individual VOCs (in 
Table 2) and the limits for each coating category (in Table 1). These 
changes are intended to update the relative reactivity scale that 
underlies both the reactivity factors and limits; to further decrease 
the contribution of aerosol coatings to ozone formation; and to make 
the national rule consistent with the California regulation to improve 
ease of compliance and implementation.
    When considering updates to coating categories and emission limits 
in Table 1, the EPA consulted with CARB and reviewed CARB's rationale 
\2\ for changes made to California's aerosol coatings regulations since 
promulgation of the EPA national regulation. The Agency then met with 
ACA to discuss their concerns. Based on the outcome of these 
consultations, the Agency is proposing to adopt category names and 
limits identical to those in the CARB aerosol coatings regulation. The 
proposed amendments will increase clarity and promote consistency 
between California and national aerosol coatings regulations, one of 
the stated objectives of the ACA petition.
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    \2\ Proposed Amendments to the Antiperspirant and Deodorants 
Regulation, the Consumer Products Regulation, the Aerosol Coating 
Products Regulation, the Tables of MIR Values, Test Method 310, and 
Proposed Repeal of the Hairspray Credit Program; Date of Release: 
August 7, 2013, Scheduled for Consideration: September 26, 2013.
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    Accordingly, the Agency is proposing to combine two sets of 
coatings subcategories into two main categories and to add 
corresponding limits for those categories, as follows:
    The subcategories ``enamel,'' ``lacquer,'' and ``clear or 
metallic'' coatings will be subsumed under the category heading, 
``Hobby/Model/Craft Coatings,'' and the category limit will be set 
equal to 1.6 g O3/g VOC. The subcategories ``clear'' and 
``pigmented'' coatings will be subsumed under the category heading, 
``Shellac Sealers,'' with the category limit set equal to 1.00 g 
O3/g VOC.
    The EPA also is proposing to add six new specialty coating 
categories and corresponding limits for those categories, as follows:
    ``Electrical/Electronic/Conformal Coatings,'' with a category limit 
set equal to 2.00 O3/g VOC; ``Flexible Coatings,'' with a 
limit equal to 1.60 O3/g VOC; ``Mold Release Coatings,'' 
with a limit equal to 1.10 O3/g VOC; ``Rust Converter,'' 
with a limit equal to 1.10 O3/g VOC; ``Two Component 
Coating,'' with a limit equal to 1.20 O3/g VOC; and 
``Uniform Finish Coating,'' with a limit equal to 1.30 O3/g 
VOC.
    For a complete list of proposed changes to Table 1, see Proposed 
Regulation Edits for 40 CFR part 59, subpart E, located in the docket 
for this action, EPA Docket ID No. EPA-HQ-OAR-2006-0971.

B. Table 2 to Subpart E of Part 59.--2A Reactivity Factors, 2B 
Aliphatic Hydrocarbon Solvent Mixtures, and 2C Aromatic Hydrocarbon 
Solvent Mixtures

    The EPA is proposing to amend Tables 2A, 2B, and 2C by adding new 
compounds and RFs and updating existing reactivity values. The proposed 
changes will provide uniformity between CARB \3\ and national aerosol 
coatings regulations (73 FR 15604). California uses maximum incremental 
reactivity (MIR) values \4\ as the basis for its aerosol coatings 
regulations. In the national rule, the Agency uses the term 
``reactivity factor'' and sets the value equal to the MIR or upper 
limit MIR used by CARB.
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    \3\ Title 17, California's Regulation, Division 3, Chapter 1, 
Subchapter 8.5, Article 3, Aerosol Coatings Products, Sections 
94520-94528 (Amended September 17, 2014).
    \4\ Title 17, CCR, Article 1, Tables of Maximum Incremental 
Reactivity Values, Sections 94700-94701 (Amended September 17, 
2014).
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    In accordance with 40 CFR part 59, subpart E, section 59.511(j), 
ACA submitted petitions requesting the EPA add 17 new compounds and RFs 
to Table 2A and update the RF of one existing compound mixture on Table 
2B. The petitioners provided the chemical names, CAS numbers, a 
statement certifying the intent to use the compounds in aerosol 
coatings products, and information allowing the EPA to evaluate the 
reactivity of the compounds and assign RF values. Of the 17 new 
compound additions to Table 2A, CARB has assigned MIR values for 15 of 
the compounds in California's aerosol coatings regulation,\5\ which the 
Agency is proposing to adopt in this action. The proposed RFs of the 
two remaining compounds are equal to 0.04 g O3/g VOC for 
trans-1-chloro-3,3,3-trifluoropropene (HFO-1233zdE), CAS 102687-65-0, 
based on MIR values from Carter \6\; and 0.71 g O3/g VOC for 
diethyl carbonate, CAS 105-58-8, based on MIR values derived by 
Venecek.\7\
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    \5\ Ibid.
    \6\ Carter, William (2009). Investigation of Atmospheric Ozone 
Impacts of Trans 1-Chloro-3,3,3-Trifluoropropene, Final Report. 
Riverside, California: Center for Environmental Research and 
Technology, University of California.
    \7\ Venecek, Melissa (2020). Estimating Maximum Incremental 
Reactivity for Diethyl Carbonate. Final Report. Sacramento, 
California: Technical Development Section, Consumer Products and Air 
Quality Assessment Branch, Air Quality Planning and Science 
Division, California Air Resources Board.
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    One of the compounds being added, dipropylene glycol monomethyl 
ether, CAS 34590-94-8, is a mixture of isomers. The compound, 2-[2-
methoxypropoxy]-1-propanol, CAS 13588-28-8, which is an isomer of 
dipropylene glycol monomethyl ether, is already on Table 2A. Both 
compounds are assigned the same RF.
    In addition to adding the identified compounds, the Agency is 
proposing to update all of the existing reactivity factors listed in 
Table 2A, 2B, and 2C to align with the MIR values in the current 
California regulation.\8\ This change is necessary to maintain the 
internal consistency of the relative reactivity scale and consistency 
with the changes proposed for the limits in Table 1.
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    \8\ Title 17, CCR, Sections 94700-94701.
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    For a complete list of proposed changes to Table 2, see Proposed 
Regulation Edits for 40 CFR part 59, subpart E in the docket for this 
action, EPA Docket ID No. EPA-HQ-OAR-2006-0971.

C. The Default Reactivity Factor

    The ACA petition requested the EPA revise the default RF for 
compounds in aerosol coatings formulations that do not have an 
established RF listed in Table 2A to subpart E of part 59--Reactivity 
Factors. Consistent with the EPA's methodology for setting the default 
RF, if a VOC does not have an RF, then the EPA assigns the compound the 
maximum RF for any compound listed in the rule. See 72 FR 38952 (July 
16, 2007). Therefore, the EPA is proposing to revise the default RF to 
18.50 g O3/g VOC, the highest RF in this proposed rule. 
Furthermore, the EPA is proposing to require that regulated entities 
include the name and CAS number of all VOCs that are assigned the 
default RF, as specified in reporting requirements.
    The EPA also is proposing that, if a VOC is used in a product and 
is not listed in Table 2A, but its isomer is listed in Table 2A, then 
the RF of the isomer will be used. If more than one

[[Page 51855]]

isomer of that VOC, or mixtures of the isomers of that VOC, is listed 
in Table 2A, then the highest RF associated with the listed isomers or 
isomer mixtures will be used.

D. VOC Regulated Under This Rule

    In conjunction with promulgating the initial aerosol coatings 
regulations, the EPA amended the regulatory definition of VOC by adding 
40 CFR 51.100(s)(7), which removes the exemption of specific organic 
compounds identified in paragraphs (s)(1) and (s)(5) from the 
definition of VOC for purposes of compliance with the aerosol coatings 
emission limits. To eliminate consideration of VOC that make de minimis 
contributions to a product's reactivity, the EPA also excluded from the 
applicable limits, those compounds (a) that contribute less than 0.1 
percent of the product weight (regardless of their RF), and (b) that 
have reactivities less than ethane and comprise less than 7.3 percent 
of product weight. The EPA explained the basis for the derivation of 
the 7.3 percent threshold in the original rulemaking and its 
relationship to the RF for ethane and the default RF (73 FR 15604).
    In this action, the EPA is proposing to retain part (a), where 
compounds that comprise less than 0.1 percent of the product weight are 
excluded from the product's mass-weighted reactivity. The EPA is 
proposing to eliminate part (b), the exclusion of low reactivity 
compounds that comprise more than 0.1 percent but less than 7.3 percent 
of the product weight. Eliminating this exclusion should have little 
impact on the ability of product formulations to comply with product-
weighted reactivity limits, as the affected compounds have low RFs and 
contribute a small percentage of product weight. These two proposed 
actions, in combination, will make the EPA's national regulation 
consistent with the CARB aerosol coatings regulation.
    When considering the elimination of VOC that make de minimis 
contributions to a product's reactivity, the Agency is soliciting 
comment on the proposal to retain part (a) above, where compounds that 
comprise less than 0.1 percent of the product weight are excluded from 
the product's mass-weighted reactivity, and eliminate part (b), the 
exclusion of low reactivity compounds that comprise more than 0.1 
percent but less than 7.3 percent of the product weight.

E. Electronic Reporting of Notifications and Reports

    The EPA is proposing to revise the existing aerosol coatings rule 
to require that regulated entities submit electronic copies of required 
notifications and reports in template format through the EPA's Central 
Data Exchange (CDX) using the Compliance and Emissions Data Reporting 
Interface (CEDRI), instead of the current hard copy submission 
requirement. A description of the electronic data submission process is 
provided in the memorandum Electronic Reporting Requirements for New 
Source Performance Standards (NSPS) and National Emission Standards for 
Hazardous Air Pollutants (NESHAP) Rules, available in the docket for 
this action. For the nine notification and reports, (Temporary 
Variances, Initial Notification, Change to Information in Initial 
Notification, Response to Written Notification, Exemption Claim Initial 
Notification, Exemption Claim Annual Report, Notice of Certifying 
Entity to Maintain Records, Notice Rescinding Certification and 
Triennial Report), the proposed rule requires that regulated entities 
use the appropriate spreadsheet template to submit information to 
CEDRI. A draft version of the proposed spreadsheet template for these 
notifications and reports is included in the docket. The EPA 
specifically requests comment on the content, layout, and overall 
design of the spreadsheet template, which can be found in the docket, 
EPA Docket ID No. EPA-HQ-OAR-2006-0971 and posted online at https://www.epa.gov/stationary-sources-air-pollution/aerosol-coatings-national-volatile-organic-compound-emission.
    Additionally, the EPA has identified two broad circumstances in 
which it may provide extensions of the electronic reporting deadlines. 
These circumstances are (1) outages of the EPA's CDX or CEDRI which 
preclude a regulated entity from accessing the system and submitting 
required reports, and (2) force majeure events, which are defined as 
events that will be or have been caused by circumstances beyond the 
control of the regulated entity from complying with the requirement to 
submit a report electronically by the applicable deadline. Examples of 
force majeure events are acts of nature, acts of war or terrorism, or 
equipment failure or safety hazards beyond the control of the regulated 
entity. The EPA is providing these potential extensions to protect 
regulated entities from noncompliance in cases where they cannot 
successfully submit a report by the reporting deadline for reasons 
outside of their control. In both circumstances, the decision to accept 
the claim of needing additional time to report is within the discretion 
of the Administrator, and reporting should occur as soon as possible.
    The electronic submittal of the reports addressed in this proposed 
rulemaking will increase the usefulness of the data contained in those 
reports, is in keeping with current trends in data availability and 
transparency, will further assist in the protection of public health 
and the environment, will improve compliance by facilitating the 
ability of regulated entities to demonstrate compliance with 
requirements and by facilitating the ability of delegated state, local, 
tribal, and territorial air agencies and the EPA to assess and 
determine compliance, and will ultimately reduce burden on regulated 
entities, delegated air agencies, and the EPA. Electronic reporting 
also eliminates paper-based, manual processes, thereby saving time and 
resources, simplifying data entry, eliminating redundancies, minimizing 
data reporting errors, and providing data quickly and accurately to the 
affected facilities, air agencies, the EPA, and the public. Moreover, 
electronic reporting is consistent with the EPA's plan \9\ to implement 
Executive Order 13563 and is in keeping with the EPA's agency-wide 
policy \10\ developed in response to the White House's Digital 
Government Strategy.\11\ For more information on the benefits of 
electronic reporting, see the memorandum titled, Electronic Reporting 
Requirements for New Source Performance Standards (NSPS) and National 
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, 
referenced earlier in this section.
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    \9\ Improving Our Regulations: Final Plan for Periodic 
Retrospective Reviews, August 2011. Available at:, https://www.regulations.gov/search?filter=EPA-HQ-OA-2011-0156-0154.
    \10\ E-Reporting Policy Statement for the EPA Regulations, 
September 2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \11\ Digital Government: Building a 21st Century Platform to 
Better Serve the American People, May 2012. Available at: https://www.regulations.gov/document/EPA-HQ-OAR-2010-0682-0755 or https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
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F. Test Methods

    Although the EPA is proposing no new technical standards in this 
action, the Agency is soliciting comment on whether to amend this rule 
to require the use of the updated versions of the two existing test 
methods currently identified in the rule: CARB Method 310, 
``Determination of Volatile Organic Compounds (VOC) in Consumer 
Products and Reactive Organic Compounds in Aerosol Coating Products,'' 
updated May 25, 2018; and ASTM D523-89 (1999), ``Standard Test

[[Page 51856]]

Method for Specular Gloss,'' currently named ASTM Method D523-14 
(2018), updated May 1, 2018.

IV. Summary of Impacts

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

A. Environmental Impacts

    There are no anticipated environmental impacts from compliance with 
this proposed rule. The proposed revisions are minor and not expected 
to result in net changes to an aerosol coating product's potential to 
form ozone because the overall average changes to the values used to 
measure reactivity, i.e., category emission limits and reactivity 
factors, are small compared to the values in the original rule. The 
proposed action is, however, expected to improve upon the original rule 
by ensuring updates are made (e.g., adds new compounds, updates 
reactivity factors, and adds electronic reporting) that promote 
consistency and uniformity between state and national regulations. As 
such, this proposed action would maintain the level of environmental 
protection to populations in affected ozone nonattainment areas without 
having any disproportionately high and adverse human health or 
environmental effects on any populations, including any minority or 
low-income populations.

B. Energy Impacts

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

C. Cost and Economic Impacts

    There are no adverse economic impacts anticipated from compliance 
with this proposed rule. This action primarily updates reactivity 
tables and factors and adds electronic reporting provisions.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' and was, 
therefore, not submitted to OMB for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0617. There is no increase in burden associated 
with this action because the rule primarily adds compounds and 
reactivity factors, updates category limits and reactivity factors, and 
adds electronic reporting provisions. The burden associated with the 
proposed change from paper to electronic reporting would not change as 
a result of this action, at least in the short term, because regulated 
entities will need time to become familiar with the new reporting 
scheme and template. In the long term, the Agency anticipates that 
electronic reporting, which is more efficient than paper reporting, 
would reduce the burden as regulated entities become more familiar with 
the electronic reporting process. The EPA expects the decrease in 
burden estimates resulting from electronic reporting would be reflected 
in future updates to the ICR for this rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This rule will not impose any 
requirements on small entities. The EPA has determined that small 
businesses will not incur any adverse impacts because the Agency is 
taking this action to amend the aerosol coatings rule primarily by 
updating coating categories in Table 1 and adding compounds to Table 2 
of the rule and adding an electronic reporting provision. These 
amendments do not create any new requirements or burdens, and no costs 
are associated with these amendments. The Agency has, therefore, 
concluded that this proposed rule will not pose any additional 
regulatory burden for all affected small entities.
    The EPA continues to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local or tribal governments or the 
private sector.

E. Executive Order 13132: Federalism

    This action 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.

F. Executive Order 13175 Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. The proposed regulatory action does not have a 
substantial direct effect on one or more Indian tribes, in that this 
action imposes no regulatory burdens on tribes. Thus, Executive Order 
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern increase in an 
adverse or environmental health risk or safety risk that 
disproportionately affects children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    The rule involves technical standards; however, no new technical 
standards are being proposed in this action.

[[Page 51857]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
Executive Order 12898 (59 FR 7629 (February 16, 1994)) establishes 
federal executive policy on environmental justice.
    As stated in section VI of the preamble of this action, there are 
no anticipated adverse environmental impacts and no adverse economic 
impacts anticipated from compliance with this rule. As stated in 
section I of this action, section 183(e) of the CAA requires the 
control of 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 NAAQS. The health and 
environmental risks associated with ozone were considered in the 
establishment of the ozone NAAQS. The level is designed to be 
protective of the public with an adequate margin of safety. 
Accordingly, these actions would help increase the level of 
environmental protection to populations in affected ozone nonattainment 
areas without having any disproportionately high and adverse human 
health or environmental effects on any populations, including any 
minority or low-income populations.

Michael S. Regan,
Administrator.
[FR Doc. 2021-19896 Filed 9-16-21; 8:45 am]
BILLING CODE 6560-50-P


