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Federal Register/Vol. 74, No. 119/Tuesday, June 23, 2009/Rules and Regulations

Rocky Mount, NC, Rocky Mount-Wilson

Rgnl, RNAV (GPS) RWY 4, Amdt 1.

Rocky Mount, NC, Rocky Mount-Wilson

Rgnl, RNAV (GPS) RWY 22, Amdt 1.

Rocky Mount, NC, Rocky Mount-Wilson

Rgnl, VOR/DME RWY 22, Amdt 3.

Norwich, NY, LT Warren Eaton, GPS RWY 1,

Orig, CANCELLED.

Norwich, NY, LT Warren Eaton, RNAV (GPS)

RWY 1, Orig.

Norwich, NY, LT Warren Eaton, RNAV (GPS)

RWY 19, Orig.

Norwich, NY, LT Warren Eaton, VOR/DME

RNAV OR GPS RWY 19, Amdt 2,

CANCELLED.

Savannah, TN, Savannah-Hardin County,

Takeoff Minimums and Obstacle DP, Amdt

3.

Rutland, VT, Rutland-Southern Vermont

Rgnl, Takeoff Minimums and Obstacle DP,

Amdt 3.

Morgantown, WV, Morgantown Muni-WLB

Hart Field, RNAV (GPS) RWY 18, Amdt 2,

CANCELLED.

Effective 27 AUG 2009

Akiak, AK, Akiak, AKIAK ONE Graphic

Obstacle DP.

Akiak, AK, Akiak, Takeoff Minimums and

Obstacle DP, Orig.

Allakaket, AK, Allakaket, Takeoff Minimums

and Obstacle DP, Amdt 1.

Beaver, AK, Beaver, Takeoff Minimums and

Obstacle DP, Orig.

Chalkyitsik, AK, Chalkyitsik, Takeoff

Minimums and Obstacle DP, Orig.

Cold Bay, AK, Cold Bay, RNAV (GPS) RWY

14, Amdt 1.

Holy Cross, AK, Holy Cross, Takeoff

Minimums and Obstacle DP, Amdt 2.

Kotlik, AK, Kotlik, Takeoff Minimums and

Obstacle DP, Orig.

Russian Mission, AK, Russian Mission,

Takeoff Minimums and Obstacle DP, Amdt

1.

Brinkley, AR, Frank Feeder Memorial, NDBA, Amdt 2A, CANCELLED.

Albion, NE, Albion Muni, RNAV (GPS) RWY

33, Amdt 2.

New York, NY, La Guardia, VOR/DME-E,

Amdt 2A, CANCELLED.

Reading, PA, Reading Rgnl/Carl A Spaatz

Fld, GPS RWY 13, Orig-A, CANCELLED.

Reading, PA, Reading Rgnl/Carl A Spaatz

Fld, GPS RWY 18, Orig-A, CANCELLED.

Reading, PA, Reading Rgnl/Carl A Spaatz

Fld, ILS OR LOC RWY 13, Amdt 1.

Reading, PA, Reading Rgnl/Carl A Spaatz

Fld, ILS OR LOC RWY 36, Amdt 30.

Reading, PA, Reading Rgnl/Carl A Spaatz

Fld, RNAV (GPS) RWY 13, Orig.

Reading, PA, Reading Rgnl/Carl A Spaatz

Fld, RNAV (GPS) RWY 18, Orig.

Reading, PA, Reading Rgnl/Carl A Spaatz

Fld, RNAV (GPS) RWY 36, Orig.

Andrews, TX, Andrews County, GPS RWY

16, Orig-B, CANCELLED.

Andrews, TX, Andrews County, NDB RWY

16, Amdt 2A, CANCELLED.

Andrews, TX, Andrews County, RNAV (GPS)

RWY 16, Orig.

Andrews, TX, Andrews County, Takeoff

Minimums and Obstacle DP, Amdt 1.

Houston, TX, Lone Star Executive, RNAV

(GPS) RWY 14, Orig.

Houston. TX, Sugar Land Rgnl, RNAV (GPS)

RWY 17, Amdt 2.

Richmond/Ashland, VA, Hanover County

Muni, Takeoff Minimums and Obstacle DP,

Orig.

Winchester, VA, Winchester Regional, GPS

RWY 14, Orig, CANCELLED.

Winchester, VA, Winchester Regional, ILS

OR LOC RWY 32, Amdt 2.

Winchester, VA, Winchester Regional, RNAV

(GPS) RWY 14, Orig.

Winchester, VA, Winchester Regional, RNAV

(GPS) RWY 32, Orig.

Winchester, VA, Winchester Regional, VOR/

DME-A, Amdt 5.

Clarksburg, WV, North Central West Virginia,

RNAV (GPS) RWY 3, Orig.

Clarksburg, WV, North Central West Virginia,

RNAV (GPS) RWY 21, Orig.

On May 28, 2009 (74 FR 101), the

FAA published several Amendments in

Docket No. 30667; Amdt No. 3222 to

Part 97 of the Federal Aviation

Regulations under section 97.33. The

following entries are hereby rescinded

originally published in TL 09-14 with

an effective date of July 2, 2009:

Titusville, FL, Space Coast Regional, ILS OR

LOC RWY 36, Amdt 11.

Titusville, FL, Space Coast Regional, RNAV

(GPS) RWY 36, Orig.

[FR Doc. E9-14558 Filed 6-22-09; 8:45 am]

BILLING CODE 4910-13-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 51 and 59

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

RIN 2060-AP33

National Volatile Organic Compound

Emission Standards for Aerosol

Coatings

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action amends the

National Volatile Organic Compound

Emission Standards for Aerosol

Coatings (aerosol coatings reactivity

rule), which establishes national

reactivity-based emission standards for

the aerosol coatings category (aerosol

spray paints) under section 183(e) of the

Clean Air Act. These amendments add

compounds and associated reactivity

factors to Table 2-Reactivity Factors

based on petitions EPA received from

regulated entities, and clarify which

volatile organic compounds are to be

quantified in compliance

determinations. Additionally, this final

rule makes certain changes related to

the notice required for a company to

certify that it will assume the

responsibility for compliance with

recordkeeping and reporting

requirements for a regulated entity, and

it also addresses which party is liable

following such a certification. Further,

in this action we make minor revisions

and corrections to the aerosol coatings

reactivity rule. Finally, in this action we

are extending the deadline for

submitting the initial notifications

required in one section of the aerosol

coatings regulations for 30 days, until

July 31, 2009.

DATES: Effective Date: This final rule is

effective on June 23, 2009.

ADDRESSES: EPA has established a

docket for this action under Docket ID

No. EPA-HQ-OAR-2006-0971. All

documents in the docket are listed on

the http://www.regulations.gov Web

site. Although listed in the index, some

information is not publicly available,

e.g., Confidential Business Information

or other information whose disclosure is

restricted by statute. Certain other

material, such as copyrighted material,

is not placed on the Internet and will be

publicly available only in hard copy

form. Publicly available docket

materials are available either

electronically through http://

www.regulations.gov or in hard copy at

the EPA Docket Center, Docket ID No.

EPA-HQ-OAR-2006-0971, EPA/DC,

EPA West, Room 3334, 1301

Constitution Ave., NW., Washington,

DC. The Public Reading Room is open

from 8:30 a.m. to 4:30 p.m., Monday

through Friday, excluding legal

holidays. The telephone number for the

Public Reading Room is (202) 566-1744,

and the telephone number for the

Docket ID No. EPA-HQ-OAR-2006-

0971 is (202) 566-9744.

FOR FURTHER INFORMATION CONTACT: For

information concerning the aerosol

coatings reactivity rule, contact Ms. J.

Kaye Whitfield, U.S. EPA, Office of Air

Quality Planning and Standards, Sector

Policies and Programs Division, Natural

Resources and Commerce Group (E143-

03), Research Triangle Park, North

Carolina 27711, telephone number:

(919) 541-2509, facsimile number (919)

541-3470, e-mail address:

whitfield.kaye@epa.gov. For information

concerning the Clean Air Act (CAA)

section 183(e) Consumer and

Commercial Products Program, contact

Mr. Bruce Moore, U.S. EPA, Office of

Air Quality Planning and Standards,

Sector Policies and Programs Division,

Natural Resources and Commerce Group

(E143-03), Research Triangle Park,

North Carolina 27711, telephone

number: (919) 541-5460, facsimile

number (919) 541-3470, e-mail address:

moore.bruce@epa.gov.

SUPPLEMENTARY INFORMATION:

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Entities Potentially Affected by this fall within the regulatory definition of above with aerosol coatings for sale or

Action. The entities potentially affected "distributor," importers of aerosol distribution in interstate commerce in

by this regulation encompass all steps in coatings for sale or distribution in the the United States. The entities

aerosol coatings operations. This United States, and manufacturers, potentially affected by this action

includes manufacturers, processors, processors, wholesale distributors, and include:

wholesale distributors and retailers who importers who supply the entities listed

Category NAIdCS Examples of regulated entities

Paint and Coating Manufacturing ................................................... 32551 Manufacturing of lacquers, varnishes, enamels, epoxy coatings,

oil and alkyd vehicle, plastisols, polyurethane, primers, shellacs, stains, water repellant coatings.

All Other Miscellaneous Chemical Production and Preparation 325998 Aerosol can filling, aerosol packaging services.

Manufacturing.

a North American Industry Classification System http://www.census.gov/epcd/www/naics. htmL

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. To determine

whether you would be affected by this

action, you should examine the

applicable industry description in

section I.E of the promulgation

preamble, published at 73 FR 15604

(March 24, 2008). If you have any

questions regarding the applicability of

this action to a particular entity, consult

the appropriate EPA contact listed in

the FOR FURTHER INFORMATION CONTACT

section of this notice.

Docket. The docket number for the

National Volatile Organic Compound

Emission Standards for Aerosol

Coatings (40 CFR parts 59 and 51,

subpart E) is Docket ID No. EPA-HQOAR-2006-0971.

World Wide Web (WWW). In addition

to being available in the docket, an

electronic copy of this action will also

be available on the WWW through the

Technology Transfer Network (TTN).

Following signature, a copy of the

action will be posted on the TTN's

policy and guidance page for newly

proposed or promulgated rules at the

following address: http://www.epa.govl

ttn/oarpg/. The TTN provides

information and technology exchange in

various areas of air pollution control.

Judicial Review. Under section

307(b)(1) of the CAA, judicial review of

the final rule is available only by filing

a petition for review in the U.S. Court

of Appeals for the District of Columbia

Circuit by August 24, 2009. Under CAA

section 307(b)(2), the requirements

established by this final action may not

be challenged separately in any civil or

criminal proceedings brought by EPA to

enforce these requirements.

Section 307(d)(7)(B) of the CAA

further provides that "only an objection

to a rule or procedure which was raised

with reasonable specificity during the

period for public comment (including

any public hearing) may be raised

during judicial review." This section

also provides a mechanism for EPA to

convene a proceeding for

reconsideration, "if the person raising

the objection can demonstrate to EPA

that it was impracticable to raise such

an objection [within the period for

public comment] or if the grounds for

such objection arose after the period for

public comment (but within the time

specified for judicial review) and if such

objection is of central relevance to the

outcome of the rule." Any person

seeking to make such a demonstration to

EPA should submit a Petition for

Reconsideration to the Office of the

Administrator, U.S. EPA, Room 3000,

Ariel Rios Building, 1200 Pennsylvania

Ave., NW., Washington, DC 20460, with

a copy to both the person(s) listed in the

preceding FOR FURTHER INFORMATION

CONTACT section, and the Air and

Radiation Law Office, Office of General

Counsel (Mail Code 2344A), U.S. EPA,

1200 Pennsylvania Ave., NW.,

Washington, DC 20004.

Organization of This Document. The

information presented in this action is

organized as follows:

I. Background

II. Summary of the Final Standards and

Changes Since Proposal

A. Amendments to Tables 2A, 2B, and

2C-Reactivity Factors

B. Clarification to Part 59, Subpart E

C. The Certification Process for the

Assumption of Recordkeeping and

Reporting Obligations

D. Liability Following § 59.511(g)

Certification

E. Other Revisions

F. Extension of Deadline for Initial

Notifications and Finding and Statement

of Good Cause

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

III. Response to Significant Comments

A. Table 2 to Subpart E of Part 59-

Reactivity Factors

B. Assumption of Responsibility for

Recordkeeping and Reporting

C. Form of the § 59.511(g) Notice

D. Liability Following § 59.511(g)

Certification

E. Other

IV. Summary of Impacts

A. Environmental Impacts

B. Energy Impacts

C. Cost and Economic Impacts

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory

Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

G. Executive Order 13045: Protection of

Children From Environmental Health

and Safety Risks

H. Executive Order 13211: Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution or Use

1. National Technology Transfer and

Advancement Act

J. Executive Order 12898: Federal Actions

To Address Environmental Justice in

Minority Populations and Low-Income

Populations

K. Congressional Review Act

I. Background

On March 24, 2008, EPA published

national emission standards for aerosol

spray paints under section 183(e) of the

CAA (73 FR 15604, which are codified

in the Code of Federal Regulations

(CFR) at 40 CFR part 59, subpart E

(sections 59.500-59.516)). Section

183(e) of the CAA requires the control

of volatile organic compounds (VOC)

emissions from certain categories of

consumer and commercial products for

purposes of reducing VOC emissions

contributing to ozone formation and

nonattainment of the ozone national

ambient air quality standards. States

have previously promulgated rules for

aerosol spray paints based upon

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reductions of VOC by mass and by

relative reactivity. EPA concluded that a

national rule based upon the relative

reactivity approach achieves more

reduction in ozone formation than may

be achieved by a mass-based approach

for this specific product category. The

final aerosol coatings rule revised EPA's

regulatory definition of VOC to include

certain compounds that would

otherwise be exempt, in order to

account for all reactive compounds in

aerosol coatings that contribute to ozone

formation. Therefore, certain

compounds that would not be VOC

under the otherwise applicable

definition count towards the applicable

reactivity limits under the aerosol

coatings regulation.

Originally, the compliance date for

the action, as established in the rule (73

FR 15604), was January 1, 2009.

Regulated entities were required to

submit initial notification 90 days in

advance of the compliance date; in this

case, initial notifications were due on

October 1, 2008.

Subsequently, on December 24, 2008,

EPA published amendments (73 FR

78994) to the rule to move the

applicability and initial compliance

dates for aerosol coatings from January

1, 2009, to July 1, 2009, and make initial

notifications due on the compliance

date, as opposed to 90 days in advance

of the compliance date. These changes

were necessary to (1) allow EPA time to

conduct this rulemaking, and add

compounds (and their associated

reactivity factors) that are currently used

in aerosol coatings, but were not

included in Tables 2A, 2B, or 2C; and

(2) allow regulated entities sufficient

time to develop initial notifications

based on the revised tables.

The rule (73 FR 15604) also has a

provision in § 59.5 11(j) that allows

regulated entities to petition EPA to add

compounds to Tables 2A, 2B, and 2CReactivity Factors of subpart E, 40 CFR

part 59. One of this final action's

objectives is to address petitions filed

under this provision.

II. Summary of the Final Amendments

and Changes Since Proposal

A. Amendments to Table 2A to Subport

E of Part 59-Reactivity Factors

In this action, EPA is finalizing the

addition of 128 compounds and their

reactivity factors to Table 2A in

response to petitions received in

accordance with § 59.511(j) of the rule.

EPA also is adding Chemical Abstract

Service (CAS) numbers for each

compound or class of compounds listed

in Table 2A to make it easier for

regulated entities to find a specific

chemical. In Table 2A of the proposed

rule (72 FR 38951), EPA did not list

CAS numbers for two entries: "C8

Disubstituted Benzenes" and "C9

Styrenes." In this final rule, in response

to inquiries from affected entities, EPA

has added CAS numbers for these

entries and listed chemical synonyms

for selected entries. The reactivity

factors for these compounds have not

been changed. The final Table 2A lists

"C8 Disubstituted Benzenes (xylenes,

mixed isomers)" with CAS 1330-20-7

and RF 7.48, and "C9 styrenes (vinyl

toluene, mixed isomers)" with CAS

25013-15-4 and RF 1.72. The final

Table 2A is sorted in order of CAS

number.

B. Clarification to Part 59, Subpart E

In the aerosol coatings reactivity rule,

we amended the definition of VOC in 40

CFR 51.100(s) for the purposes of

determining compliance with the

regulation (as described in 40 CFR part

59-National Volatile Organic

Compound Emission Standards for

Consumer and Commercial Products) so

that any organic compound in the

volatile portion of an aerosol coatings is

counted towards the product's

reactivity-based limit. However, the text

of § 51.100(s)(7) adopted in the March

24, 2008, rule was not clear that

compounds listed in both

§§ 51.100(s)(1) and 51.100(s)(5) were to

be counted as VOC for determining

compliance. In this final action, we are

changing the previously amended

definition of VOC in part 51 to clarify

that compounds that are excluded from

the definition of VOC under both 40

CFR 51.100(s)(1) and (s)(5) are to be

counted as VOC for the purposes of

determining compliance with the

aerosol coatings reactivity rule in 40

CFR part 59, subpart E.

C. The Certification Process for the

Assumption of Recordkeeping and

Reporting Obligations

As provided in §§ 59.501(b)(4),

59.510(b) and 59.511(g), a manufacturer,

importer or distributor may choose to

certify that it will assume the

responsibility of maintaining records

and submitting reports required under

this subpart for a regulated entity. To

assume that responsibility, the entity

making the certification submits a

document as described in § 59.511(g). In

this action, EPA will finalize the

following amendments to § 59.511(g):

EPA is amending § 59.511(g) to call

the certification document a "notice"

rather than a "report." EPA is finalizing

this change because it believes that the

word "notice" is a more accurate word

to describe the document.

EPA is finalizing a method to ensure

that both the certifying entity and the

regulated entity have full knowledge of

what responsibilities are being assumed

by the certifying entity. Specifically,

EPA is amending § 59.511(g) to provide

that the certifying entity will sign the

§ 59.511(g) notice and then send the

notice to EPA and to the regulated

entity. EPA has concluded that this

method will provide the right balance

between (1) making the burden of

providing the certification notice

reasonable, so as not to discourage

manufacturers and others from taking

on the recordkeeping and reporting

obligations of regulated entities, and (2)

making sure that both parties are aware

of what responsibilities the certifying

entity is assuming from the regulated

entity as a result of the notice.

In this final action, § 59.511(g)(3) will

be amended to provide a more detailed

description of what responsibilities are

being assumed by the certifying entity

and other related information about the

division of responsibility between the

certifying entity and regulated entity,

and how the recordkeeping and

reporting requirements will be met.

Specifically, certification notices will be

required to include identification of the

products covered by the notice and the

location or locations where the records

will be maintained, among the other

information required.

EPA is adding a provision to

§ 59.511(g) (to be numbered (g)(4))

requiring that the certifying document

contain a statement that the certifying

entity understands that the failure to

fulfill the responsibilities that it is

assuming may result in an enforcement

action against it.

EPA is revising the provision that was

§ 59.511(g)(4) and will now appear in

§ 59.511(g)(5) to clarify that the

certification notice must be signed by

the responsible official for the certifying

entity. Before this revision, the

provision required the signature of the

responsible official for "the company"

which did not clearly identify the

certifying entity as the entity signing the

notice.

In addition to these amendments to

§ 59.511(g), EPA is amending certain

provisions related to the notices in

§ 59.511(g):

EPA is adding the word "distributors"

to § 59.501(b)(4) to make clear that

distributors as well as manufacturers

and importers can be a certifying entity.

The language currently in § 59.501(b)(4)

only refers to "manufacturers and

importers," while the language in

§ 59.511(g) refers to "manufacturers,

importers and distributors." This

amendment will make these two

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provisions consistent and avoid any

confusion as to whether distributors

may be a certifying entity.

EPA is amending § 59.5 10(b) to

replace the phrase "certifying

manufacturer" with "certifying entity"

in order to make clear that § 59.510(b)

applies to all certifying entities and not

just those certifying entities who are

manufacturers.

EPA requested comment on whether

the 59.511(g) notice should be a certain

form or contain certain language to

fulfill the requirements of this section.

Based on the comments received, the

EPA is not imposing any specific

language or format for the certification

notices in the final rule. However, EPA

intends to work with interested parties

to develop an optional model for the

certification notices. Further, EPA

reserves the right to take action in the

future if the Agency in the future

determines that particular language or

format should be a requirement we will

propose amendments to the rule.

D. Liability Following § 59.511 (g)

Certification

This final rule allows a party referred

to in this rule as the "certifying entity,"

to assume certain recordkeeping and

reporting requirements from a regulated

entity. However, EPA believes it is

essential to ensure that the

recordkeeping and reporting

responsibilities are fulfilled after this

transfer occurs. To that end, in this final

rule, both the certifying entity and

regulated entity will have joint liability

for the recordkeeping and reporting

requirements covered by a notice

submitted under § 59.511(g), such that

both would be liable for the failure to

keep records or submit reports and for

inaccurate records or reports.

E. Other Revisions

Finally, in this action, we are

finalizing minor revisions and edits to

include corrections to EPA regional

office addresses, and several minor

changes and corrections to Table 2A.

Specifically, we are finalizing the

deletion for the listing for Di (2-

ethylhexyl phthalate) (CAS 117-81-7)

for which there is no applicable

reactivity factor; eliminate a duplicate

listing of Butanol (CAS 71-36-3); and

correcting the CAS number for

Isobutane (CAS 75-28-5) and the

reactivity factor for Ethylene Glycol

Monobutyl Ether [2-Butoxyethanol]

(CAS 111-76-2). Given the multiple

ways to name individual organic

compounds, in this action, Table 2A has

been sorted according to CAS number to

make it easier for regulated entities to

find a specific chemical.

III. Response to Significant Comments

During the public comment period,

we received a total of three comment

letters. A summary of all comments

received on this rule, as well as

complete responses to each of these

comments are presented in the docket

(EPA-HQ-OAR-2006-0971).

A. Table 2 to Subpart E of Part 59-

Reactivity Factors

Comment: One commenter expressed

concern about the time required to add

chemical compounds to Table 2, given

that reactivity factors may have to be

updated in the future based on current

research efforts by leading scientists.

Another commenter requested that

the Table 2A values for four compounds

be replaced with more recently

determined values. The commenter

states that obtaining ozone reduction

benefits from the proposed reactivity

based aerosol coatings rule requires that

the reactivity factors assigned to the

regulated compounds accurately

represent how efficiently they form

ozone. The commenter believes that the

assigned reactivity factors are "certainly

and significantly in error," with the

largest magnitude errors for compounds

whose maximum incremental reactivity

(MIR) values were upper limit MIR

values.

Response: The commenters raise two

important processes that will continue

to require periodic regulatory action

into the future: (1) The addition of

compounds to Table 2, including those

compounds for which reactivity factors

have already been proposed by EPA, or

are in use by other authorities (e.g.,

California Air Resources Board (CARB))

for this source category, and (2) the

revision of the reactivity factors in Table

2 to reflect our evolving understanding

of photochemical ozone formation.

The first issue, the addition of

compounds to Table 2A for which

reactivity factors have been established,

is the main focus of this rulemaking.

When EPA promulgated the final rule

on March 24, 2008 (73 FR 15604), EPA

anticipated the need to add compounds

to Table 2, especially prior to the initial

compliance date for the rule. Affected

parties were encouraged to request

additions to Table 2 by June 1, 2008, to

ensure that the compounds were added

prior to the initial compliance date. On

December 24, 2008 (73 FR 78994), the

compliance date was extended from

October 1, 2008, to July 1, 2009. In this

current rulemaking, we have responded

to all of the requests for additions that

we received prior to the April 2, 2009,

proposal. Even after that date, EPA has

continued to receive requests to add

compounds to Table 2. We expect that

the number of requests to add

compounds will decline as regulated

entities work to come into compliance

with the new rule. However, EPA

recognizes that there will be a

continuing need to add compounds to

Table 2 into the future as new

compounds are identified for use in this

source category.

The addition of compounds to Table

2 must be accomplished through formal

rulemaking with opportunities for

public comment. Given the resources

involved in formal rulemaking, EPA

does not believe that it is appropriate for

the Agency to respond to each petition

for addition of compounds with a

separate rulemaking as we receive them.

Therefore, EPA intends to issue a

rulemaking addressing additions to

Table 2, as appropriate.

The second action, updating the

reactivity factors to reflect the evolving

scientific information is beyond the

scope of the current rulemaking. The

reactivity scale used in both EPA's and

CARB's aerosol coatings rules is based

on the 2000 version of Carter's

Maximum Incremental Reactivity (MIR)

scale.' Since 2000, Carter has updated

the MIR scale a number of times to

incorporate new information about

chemical reaction mechanisms and

rates, and to incorporate new

compounds. The commenter points to

Carter's very recent update of the MIR

scale completed in March 2009.2 This

analysis was completed for CARB, and

CARB has not formally adopted these

values to determine compliance with

their aerosol coatings regulation.

At this time, the reactivity factors in

EPA's Table 2 are consistent with those

values used by CARB in its aerosol

coatings regulation. We believe the

reactivity factors currently in Table 2

should be retained to maintain

consistency and stability of both CARB

and EPA's reactivity-based regulations.

EPA recognizes that current reactivity

factors may need to be revised in the

future to reflect the most recent

scientific information. Before adding

new compounds or updating reactivity

values for existing compounds in Table

2 through formal rulemaking

procedures, EPA will ensure that the

supporting data will have undergone

appropriate scientific review. Before

pursuing such a rulemaking, EPA will

I Carter, W.P.L., Additions and Corrections to the

SAPRC-99 Maximum Incremental Reactivity (MIR)

Scale, prepared for California Air Resources Board

Contract No. 97-314, November 29, 2000.

2 Carter, W.P.L. (2009) Updated Maximum

Incremental Reactivity Scale for Regulatory

Applications, prepared for California Air Resources

Board, Contract 07-339, March 23, 2009.

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work with CARB to determine an

appropriate timeline and process for

incorporating changes to the reactivity

factors used in both our regulations and

to determine, where appropriate and

necessary, whether changes to the

reactivity-based limits in those

regulations should be made as well.

B. Assumption of Responsibility for

Recordkeeping and Reporting

Comment: One commenter opposed

adding a provision to § 59.511(g)

requiring that the certification notice

contain a statement that upon assuming

the recordkeeping and reporting

requirements in the rule, the certifying

entity understands that the failure to

fulfill these requirements may result in

an enforcement action against it. The

commenter stated that this statement is

unnecessary because the regulations are

clear that a certifying entity's election to

maintain records and fulfill reporting

requirements for a regulated entity is a

regulatory requirement and that, as with

any other regulatory requirement,

failure to fulfill these requirements

carries with it a regulatory penalty in

the form of enforcement activity. The

commenter further states that adding

this regulatory requirement creates

additional regulatory requirements and

another potential violation in the event

that the required statement is missing

from a certifying entity's notice.

Response: EPA agrees that the current

regulations provide that a certifying

entity's notice that it will assume

recordkeeping and reporting

requirements for a regulated entity

imposes a regulatory requirement on

that certifying entity that could result in

an enforcement action against it if the

requirements are not met. However,

EPA believes that the inclusion of an

express statement to that effect in the

certification notice under § 59.511(g)

will assure that each entity signing a

certification notice is aware of the

potential consequences for failing to

meet the obligations that it is taking on

by signing the certification notice, even

if the entity has not carefully read the

regulations. Finally, neither this

commenter nor anyone else has

identified any substantial burden that

will arise from including such a

statement in the certification notice.

Comment: EPA received a comment

opposing EPA's proposal to add

language to § 59.511(g)(3) to clarify the

responsibilities of the certifying entity.

As the basis for their opposition, this

commenter noted that the regulations

indicate that "any or all" of the

recordkeeping and reporting

requirements can be assumed, and that

certifying entities must be clear about

the extent of the recordkeeping and

reporting that they will assume. The

commenter stated that there will be

instances where several different

manufacturers will make products for a

single customer, in which case the

manufacturer (the certifying entity)

must clearly state which products or

product lines they are assuming the

recordkeeping and reporting

responsibilities for. With such a clear

statement of the certifying entity, the

customer (the regulated entity) will then

be able to take steps to be sure that any

other products that are being made for

it by other manufacturers are the subject

of a § 59.511(g) notice from the

appropriate manufacturer.

Response: The scenario described by

this commenter-where a given

regulated entity gets products from

multiple suppliers, and so any

certification notices from those

suppliers must clearly state which

products are covered by the notice-is

exactly why EPA concludes that

§ 59.511(g)(3) should expressly require

that the certification notice include an

"identification of the products covered

by the notice." This identification of the

scope of each certification notice will

allow the regulated entity to determine

which products are covered by

certification notices (and, thus, are

products for which the recordkeeping

and reporting obligations will be

fulfilled by a certifying entity) and

which products have recordkeeping and

reporting obligations that are still the

responsibility of the regulated entity.

Similarly, EPA will be able to review

the notices and determine who has the

recordkeeping and reporting

responsibilities for the various products.

Conversely, a certification notice that

does not clearly identify the products

covered by the notice will create

confusion and ambiguity for all parties.

Comment: With respect to the

alternative options for assuring that both

the certifying entity and the regulated

entity are aware of their responsibilities

for recordkeeping and reporting

following a certification notice, one

commenter recommends that the

certifying entity be required to send the

§ 59.5 11(g) notice to the regulated entity

when it is submitted to EPA. The

commenter supports this

recommendation by explaining that,

with this approach, the regulated entity

will have the notice in its records, and

the certifying entity will be able to

comply with § 59.511(g) without waiting

for a reply from the regulated entity. If

the certifying entity sends the regulated

entity a notice regarding these

responsibilities, then both parties will

have full knowledge of the

responsibilities being assumed by the

certifying entity. The alternative option

proposed by EPA-to have both parties

sign the certification notice before it is

submitted to EPA-would be

burdensome, according to the

commenter. In support of this

conclusion, the commenter gave the

example of one manufacturer who

makes products for over 400 different

customers, and stated that obtaining the

signature of all of these customers

would be "an overwhelming

proposition." The commenter further

notes that most manufacturers make

private label products for customers and

will be in the position of maintaining

the records and fulfilling the reporting

obligations for their customers.

Response: In choosing between the

two options proposed, EPA has

balanced the conflicting goals of (1)

making the burden of providing the

certification notice reasonable, so as not

to discourage manufacturers and others

from taking on the recordkeeping and

reporting obligations of regulated

entities, and (2) making sure that both

parties are aware of what

responsibilities are being shifted as a

result of the notice. Although having

both parties sign the notice fulfills the

second goal, EPA's conclusion is that

the option of having the certifying entity

sign the notice and then send it to the

regulated entity will provide the right

balance between these two goals. In

making this decision, EPA notes the

following points in addition to the

points discussed above. First, part of

EPA's original basis for allowing

certifying entities to assume the

recordkeeping and reporting obligations

was that the certifying entity may be

able to fulfill the obligations more

accurately, and with less burden than

the regulated entity. This point is

supported by one of this commenter's

points on another issue: that it is the

manufacturers who have the data and

information that must be kept and

reported (a point that commenters make

in discussing their opposition to the

joint liability of certifying entities and

regulated entities, which is discussed

below). Second, at the point in time

when the certifying entity submits the

certification notice to EPA with a copy

to the regulated entity, the certifying

entity becomes responsible for the

recordkeeping and reporting

requirements covered by the notice,

even before the notice reaches the

regulated entity. Thus, any lack of

communications between the certifying

entity and the regulated entity in

advance of the notice being sent might

result in some initial duplication of

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effort, but will not result in any gap of

recordkeeping and reporting.

C. Form of the § 59.511(g) Notice

Comment: EPA received comment

that § 59.511(g) indicates the essential

elements that must be included in the

notice, and that these elements are clear

and fairly concise. This commenter

suggests that it is not necessary to

require a specific form or format.

Finally, the commenter states it is

willing to work with EPA on a format

that is acceptable to the Agency and

user-friendly for the industry.

Response: At this time, EPA is not

imposing any specific language or

format for the certification notices, and

intends to work with the commenter

and other interested parties to develop

an optional model for the certification

notices. EPA may however, propose

further amendments to the rule in the

future if the Agency determines that

particular language or format should be

a requirement.

D. Liability Following § 59.511 (g)

Certification

Comment: One commenter does not

believe that any additional language

should be added regarding joint liability

for the recordkeeping and reporting

under § 59.511(g). The commenter states

that, in most cases, all the data that

needs to be maintained and reported is

in the hands of the certifying entity.

According to the commenter, the

regulated entity, even if it wanted to,

would not be able to fulfill the

recordkeeping and reporting

responsibilities. Because of this

practical limitation, the commenter

urges EPA to reject any additional

language which imposes joint liability

for a failure in the recordkeeping and

reporting functions under § 59.511.

Response: Joint liability is a common

enforcement approach under the CAA.

Here, EPA believes that joint liability is

essential to ensure that the

recordkeeping and reporting

responsibilities are fulfilled. This joint

liability gives regulated entities the

appropriate incentive to rely only on

reputable parties to fulfill their

recordkeeping and reporting

responsibilities.

E. Other

Comment: EPA received comments

from one commenter in a cover letter

and through the resubmission of

comments submitted in response to the

July 16, 2007, proposed rule, "National

Volatile Organic Compound Emission

Standards for Aerosol Coatings" (40

CFR parts 51 and 59, subpart E; 72 FR

38952).

Response: With respect to the

resubmission of its 2007 comments

document, EPA took final action on the

proposed rule on March 24, 2008 (40

CFR parts 51 and 59, subpart E; 73 FR

15621), and responded to the comments

at that time. Moreover, the 2007

comments do not apply to the issues

being considered in the current

rulemaking.

Comment: In its cover letter, the

commenter above makes three points.

The first two points criticize statements

that EPA made in its November 2007

Response to Comments document

(which was prepared for the March 2008

final rule) and address issues that are

outside the scope of the current

rulemaking.

Finally, the commenter makes one

point that specifically addresses the

current rulemaking. The commenter

states that EPA is significantly

expanding the number of compounds on

Table 2A in this rulemaking, and that

this is a major change that should lead

EPA to reconsider the fundamental

approach that this regulation is taking.

Specifically, the commenter contends

that the rule will not achieve real ozone

reductions in the areas that need the

reductions, and that the rule encourages

the substitution of hazardous air

pollutants for other compounds used in

aerosol coatings.

Response: With respect to the

commenter's 2007 comments and the

two comments that criticize aspects of

EPA's November 2007 response to

comments document, EPA will not

address those comments here because

they are outside the scope of this

rulemaking. With respect to the

comment that this rulemaking is a

significant expansion of the rule that

warrants a reconsideration of the

fundamental approach in the March 24,

2008, final action, EPA does not dispute

that this rulemaking is expanding the

number of compounds on Table 2A, but

the Agency disagrees that this is a major

change in the rule, or a significant

expansion of the scope of the rule that

raises the issues that the commenter

seeks to have EPA reconsider. Finally,

EPA notes that CAA section 307(d)(7)(B)

provides the proper vehicle for a person

seeking reconsideration of issues from a

past rule, and the commenter here has

neither stated that it is proceeding

under this provision nor explained why

it believes it meets the threshold

requirements for such reconsideration.

Comment: Another commenter

requested a statement in the final rule

that addresses the "harmonization" of

CARB and US EPA MIR values, since

both have either promulgated or

proposed aerosol coatings rules that use

these values.

Response: EPA agrees with the

commenter that, in general, maintaining

consistency between the reactivity

factors used by EPA and CARB is

important for the efficient and effective

implementation of EPA and CARB's

reactivity-based regulations. In

developing this current regulation, EPA

has made an effort to make the

requirements as consistent as possible

with the requirements of CARB's aerosol

coatings regulation within the limits of

our authority and responsibilities under

the CAA. EPA and CARB's rules,

however, are promulgated under

different statutory authorities through

separate formal rulemaking processes in

different regulatory agencies; so, some

differences can be expected. The

reactivity factors that are currently

included in EPA's rule are consistent

with the reactivity values currently

applied in CARB's aerosol coatings

regulation. As discussed in Section

III.A., EPA recognizes that the current

reactivity factors may need to be revised

in the future to reflect the evolving

scientific information. As stated

previously, before adding new

compounds or updating reactivity

values for existing compounds in Table

2 through formal rulemaking

procedures, EPA will ensure that the

supporting data will have undergone

appropriate scientific review. Also,

before pursuing such a revision, EPA

will work with CARB to determine an

appropriate timeline and process for

incorporating changes to the reactivity

factors used in both our regulations and

to determine, where appropriate and

necessary, whether changes to the

reactivity-based limits in those

regulations should be made as well.

F. 30-Day Extension of Deadline for

Initial Notifications and Finding and

Statement of Good Cause

In this final rule, EPA is extending the

deadline for the initial notifications

required under Section 59.511(b) for 30

days, until July 31, 2009. This extension

is being granted without the notice and

comment proceedings described in

Section 307(d)(3) of the Clean Air Act

for good cause, as authorized under

Section 307(d)(1). 3

3 Under Section 307(d)(1), in the text that appears

after the list of actions to which Section 307(d)

applies, the statute provides that the requirements

of Section 307(d) do not apply "in the case of any

rule or circumstance referred to in subparagraphs

(A) or (B) of subsection 553(b) of Title 5." Section

553(b)(B) of Title 5 provides that notice and

comment proceedings are not required "when the

agency for good cause finds (and incorporates that

the finding and a brief statement of reasons thereof

in the rule[ ] issued) that notice and public

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EPA finds that good cause exists to

extend the deadline for initial

notifications by 30 days without notice

and comment proceedings because (1)

the amendments made in this rule affect

the initial notifications under 59.511(b)

and the certification notices allowed

under Section 59.511(g) (which for

practical reasons need to be submitted

at or before the deadline for initial

notifications), and (2) these

amendments are being promulgated a

short time before the previous deadline

for initial notifications of July 1, 2009.

Given these circumstances, the Agency

has concluded that it would not be fair

or in the public interest to require

regulated entities to submit the initial

notifications by July 1, 2009, or to

expect those entities who are electing to

submit certification notices to do so by

July 1, 2009.

The Agency finds that good cause is

shown here on the grounds that notice

and comment proceedings are

unnecessary. Courts have recognized

that notice and comment is

"unnecessary" where the rule is "a

minor rule or amendment in which the

public is not particularly interested."

Texaco, Inc v. Federal Power Comm.,

412 F.2d 740, 743 n.6 (3d Cir 1969)

(quoting Attorney General's Manual on

Administrative Act (1947) at 12-13). See

also Utility Solid Waste Activities Group

v. EPA, 236 F.3d 749, 755 (D.C. Cir.

2001) ("unnecessary" applies to "those

situations in which the administrative

rule is a routine determination,

insignificant in nature and impact, and

inconsequential to the industry and to

the public."); Northern Arapahoe Tribe

v. Hodel, 808 F.2d 741, 751 (10th Cir.

1987) (" 'Unnecessary' means

unnecessary so far as the public is

concerned, as would be the case if a

minor or merely technical amendment

in which the public is not particularly

interested were involved.") (quoting S.

Rep. No. 752, 79th Cong., 1st Sess. 14

(1945)). Here, EPA finds that the

extension of the deadline for submitting

initial notifications by 30 days is a

minor amendment in which the public

is not particularly interested because (1)

it does not affect the compliance date

for the rule, (2) it only affects the date

by which EPA will receive certain

reports from regulated entities, and (3)

the extension of 30 days is short.4 For

procedure thereon are impracticable, unnecessary,

or contrary to public interest."

4EPA further notes that when the Agency

previously proposed a seven-month extension of

the compliance date in November 2008, it received

only one comment. See 73 FR 78,994, 78,995 (col.

2) (December 24, 2008). Because this significantly

longer extension of the compliance date (not just

the deadline for certain reports) resulted in only

these reasons, EPA finds that it has good

cause to extend this deadline without

notice and comment proceedings.

G. Basis for Making This Rule Effective

on the Date of Publication

Section 553(d) of the Administrative

Procedure Act (APA), 5 U.S.C. 553(b),

generally provides that rules may not

take effect earlier than 30 days after they

are published in the Federal Register.

However, EPA is issuing this final rule

under section 307(d)(1) of the Clean Air

Act, which states:

"The provisions of section 553 through 557

* * * of Title 5 shall not, except as expressly

provided in this section, apply to actions to

which this subsection applies." Thus, section

553(d) of the APA does not apply to this rule.

EPA is nevertheless acting consistently with

the policies underlying APA section 553(d)

in making this rule effective on June 23,

2009. APA section 553(d)(3) provides an

exception when the agency finds good cause

exists for a period less than 30 days before

effectiveness. We find good cause exists to

make this rule effective upon publication

because doing so alleviates potential

confusion and implementation difficulties

that could arise if these amendments were not in effect until 30 (lays after the date of

publication. For example, the extension of

the deadline for initial notifications needs to

become effective before July 1, 2009 to avoid

confusion and implementation difficulties.

IV. Summary of Impacts

This section presents a summary of

the impacts expected as a result of this

rule.

A. Environmental Impacts

There are no adverse environmental

impacts anticipated from compliance

with this rule.

B. Energy Impacts

There are no adverse energy impacts

anticipated from compliance with this

rule.

C. Cost and Economic Impacts

There are no adverse economic

impacts anticipated from compliance

with this rule.

V. Statutory and Executive Order

Reviews

A. Executive Order 12866: Regulatory

Planning and Review

Under Executive Order (EO) 12866

(58 FR 51735, October 4, 1993), this

action is a "significant regulatory

action" that raises novel legal or policy

issues arising out of legal mandates, the

one comment, and because of the nature of that comment (see 73 FR at 78,992), EPA concludes that

a notice and comment proceeding to extend the

deadline for submitting initial notifications would

not likely result in any comments.

President's priorities, or the principles

set forth in the EO. Accordingly, EPA

submitted this action to the Office of

Management and Budget (OMB) for

review under EO 12866 and any

changes made in response to OMB

recommendations have been

documented in the docket for this

action.

B. Paperwork Reduction Act

This action does not impose any new

information collection burden; it only

proposes amendments and minor

corrections to the aerosol coatings

reactivity rule by adding compounds

and associated reactivity factors to Table

2-Reactivity Factors based on petitions

EPA received from regulated entities;

and clarifies which VOC are to be

quantified in compliance

determinations. Additionally, certain

changes are being made related to the

notice required for a company to certify

that it will assume the responsibility for

compliance with recordkeeping and

reporting requirements for a regulated

entity, and who is liable following such

certification. Finally, in this action we

make minor revisions and corrections to

the aerosol coatings reactivity rule.

However, the OMB has previously

approved the information collection

requirements contained in the existing

regulations, i.e., the National Volatile

Organic Compound Emission Standards

for Aerosol Coatings, 40 CFR parts 51

and 59, subpart E (73 FR 15604, March

24, 2008) under the provisions of the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq. and has assigned OMB

control number 2060-0617. The OMB

control numbers for EPA's regulations

in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to prepare

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements under the

Administrative Procedure Act or any

other statute unless the agency certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small

organizations, and small governmental

jurisdictions.

For purposes of assessing the impacts

of this rule on small entities, small

entity is defined as: (1) A small business

as defined by the Small Business

Administration's (SBA) regulations at 13

CFR 121.201; (2) a small governmental

jurisdiction that is a government of a

city, county, town, school district or

special district with a population of less

than 50,000; and (3) a small

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organization that is any not-for-profit

enterprise which is independently

owned and operated and is not

dominant in its field.

After considering the economic

impacts of this rule on small entities, I

certify that this action will not have a

significant economic impact on a

substantial number of small entities.

This rule will not impose any new

requirements on small entities. We have

determined that small businesses will

not incur any adverse impacts because

EPA is only making minor corrections

and amendments to the Aerosol

Coatings rule, and these corrections and

amendments do not create any new

requirements or burdens. No costs are

associated with these amendments. We

continue to be interested in the

potential impacts of the rule on small

entities and welcome comments on

issues related to such impacts.

D. Unfunded Mandates Reform Act

This rule does not contain a Federal

mandate that may result in expenditures

of $100 million or more for State, local,

and Tribal governments, in the

aggregate, or the private sector in any

one year. This action only makes

amendments and minor corrections to

the aerosol coatings reactivity rule by

adding compounds and associated

reactivity factors to Table 2-Reactivity

Factors based on petitions EPA received

from regulated entities; and clarifies

which VOC are to be quantified in

compliance determinations.

Additionally, certain changes are being

made related to the notice required for

a company to certify that it will assume

the responsibility for compliance with

recordkeeping and reporting

requirements for a regulated entity, and

who is liable following such

certification. Finally, in this action we

make minor revisions and corrections to

the aerosol coatings reactivity rule.

Thus, this rule is not subject to the

requirements of sections 202 or 205 of

the Unfunded Mandates Reform Act

(UMRA).

This rule is also not subject to the

requirements of section 203 of UMRA

because it contains no regulatory

requirements that might significantly or

uniquely affect small governments. It

only proposes amendments and minor

corrections to the aerosol coatings

reactivity rule by adding compounds

and associated reactivity factors to Table

2-Reactivity Factors based on petitions

EPA received from regulated entities;

and clarifies which volatile organic

compounds are to be quantified in

compliance determinations.

Additionally, certain changes are being

made related to the notice required for

a company to certify that it will assume

the responsibility for compliance with

recordkeeping and reporting

requirements for a regulated entity, and

who is liable following such

certification. Finally, in this action we

make minor revisions and corrections to

the aerosol coatings reactivity rule.

E. Executive Order 13132: Federalism

EO 13132, entitled "Federalism" (64

FR 43255, August 10, 1999), requires

EPA to develop an accountable process

to ensure "meaningful and timely input

by State and local officials in the

development of regulatory policies that

have Federalism implications."

"Policies that have Federalism

implications" is defined in the EO to

include regulations that have

"substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government."

This rule does not have Federalism

implications. It will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in EO

13132. This action only makes

amendments and minor corrections to

the aerosol coatings reactivity rule by

adding compounds and associated

reactivity factors to Table 2-Reactivity

Factors based on petitions EPA received

from regulated entities; and clarifies

which VOC are to be quantified in

compliance determinations.

Additionally, certain changes are being

made related to the notice required for

a company to certify that it will assume

the responsibility for compliance with

recordkeeping and reporting

requirements for a regulated entity, and

who is liable following such

certification. Finally, in this action we

make minor revisions and corrections to

the aerosol coatings reactivity rule.

Thus, EO 13132 does not apply to this

rule.

In the spirit of EO 13132, and

consistent with EPA policy to promote

communications between EPA and State

and local governments, EPA specifically

solicits comment on this rule from State

and local officials.

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

This action does not have tribal

implications, as specified in EO 13175

(65 FR 67249, November 9, 2000). This

action only makes amendments and

minor corrections to the aerosol coatings

reactivity rule by adding compounds

and associated reactivity factors to Table

2-Reactivity Factors based on petitions

EPA received from regulated entities;

and clarifies which VOC are to be

quantified in compliance

determinations. Additionally, certain

changes are being made related to the

notice required for a company to certify

that it will assume the responsibility for

compliance with recordkeeping and

reporting requirements for a regulated

entity, and who is liable following such

certification. Finally, in this action we

make minor revisions and corrections to

the aerosol coatings reactivity rule.

Thus, EO 13175 does not apply to this

action.

G. Executive Order 13045: Protection of

Children From Environmental Health

and Safety Risks

EPA interprets EO 13045 (62 FR

19885, April 23, 1997) as applying only

to those regulatory actions that concern

health or safety risks, such that the

analysis required under section 5-501 of

the EO has the potential to influence the

regulation. This action is not subject to

EO 13045 because it does not establish

an environmental standard intended to

mitigate health or safety risks.

H. Executive Order 13211: Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use

This action is not a "significant

energy action" as defined in EO 13211

(66 FR 28355 (May 22, 2001)), because

it is not likely to have a significant

adverse effect on the supply,

distribution, or use of energy. Further,

we have concluded that this rule is not

likely to have any adverse energy effects

because it only makes amendments and

minor corrections to the aerosol coatings

reactivity rule by adding compounds

and associated reactivity factors to Table

2-Reactivity Factors based on petitions

EPA received from regulated entities;

and clarifies which VOC are to be

quantified in compliance

determinations. Additionally, certain

changes are being made related to the

notice required for a company to certify

that it will assume the responsibility for

compliance with recordkeeping and

reporting requirements for a regulated

entity, and who is liable following such

certification. Finally, in this action we

make minor revisions and corrections to

the aerosol coatings reactivity rule.

L National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

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Act of 1995 ("NTTAA"), Public Law No.

104-113, 12(d) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. NTTAA directs EPA to provide

Congress, through OMB, explanations

when the Agency decides not to use

available and applicable voluntary

consensus standards.

This rulemaking does not involve

technical standards. Therefore, EPA is

not considering the use of any voluntary

consensus standards.

J. Executive Order 12898: Federal

Actions To Address Environmental

Justice in Minority Populations and

Low-Income Populations

EO 12898 (59 FR 7629 (Feb. 16, 1994))

establishes Federal executive policy on

environmental justice. Its main

provision directs Federal agencies, to

the greatest extent practicable and

permitted by law, to make

environmental justice part of their

mission by identifying and addressing,

as appropriate, disproportionately high

and adverse human health or

environmental effects of their programs,

policies, and activities on minority

populations and low-income

populations in the United States.

EPA has concluded that it is not

practicable to determine whether there

would be disproportionately high and

adverse human health or environmental

effects on minority and/or low income

populations from this rule. The rule

only makes amendments and minor

corrections to the aerosol coatings

reactivity rule by adding compounds

and associated reactivity factors to Table

2-Reactivity Factors based on petitions

EPA received from regulated entities;

and clarifies which VOC are to be

quantified in compliance

determinations. Additionally, certain

changes are being made related to the

notice required for a company to certify

that it will assume the responsibility for

compliance with recordkeeping and

reporting requirements for a regulated

entity, and who is liable following such

certification. Finally, in this action we

make minor revisions and corrections to

the aerosol coatings reactivity rule.

K. Congressional Review Act

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. The EPA will

submit a report containing the final rule

amendment and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the United

States prior to publication of this final

rule amendment in the Federal Register.

The final rule amendment is not a "major rule" as defined by 5 U.S.C.

804(2). This final rule is effective on

June 23, 2009.

List of Subjects

40 CFR Part 51

Environmental protection,

Administrative practice and procedure,

Air pollution control, Carbon monoxide,

Intergovernmental relations, Lead,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides, Volatile

organic compound, Consumer products,

Aerosol products, Aerosol coatings,

Consumer and commercial products.

40 CFR Part 59

Environmental protection,

Administrative practice and procedure,

Air pollution control, Incorporation by

reference, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: June 15, 2009.

Lisa P. Jackson,

Administrator.

* For the reasons set out in the

preamble, parts 51 and 59 of title 40,

Chapter I of the Code of Federal

Regulations are amended as follows:

PART 51-[AMENDED]

m 1. The authority citation for part 51

continues to read as follows:

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

7671q.

* 2. Section 51.100(s)(7) is revised to

read as follows:

§51.100 Definitions.

(s) * * *

(7) For the purposes of determining

compliance with EPA's aerosol coatings

reactivity based regulation (as described

in 40 CFR part 59-National Volatile

Organic Compound Emission Standards

for Consumer and Commercial

Products) any organic compound in the

volatile portion of an aerosol coating is

counted towards the product's

reactivity-based limit, as provided in 40

CFR part 59, subpart E. Therefore, the

compounds that are used in aerosol

coating products and that are identified

in paragraphs (s)(1) or (s)(5) of this

section as excluded from EPA's

definition of VOC are to be counted

towards a product's reactivity limit for

the purposes of determining compliance

with EPA's aerosol coatings reactivitybased national regulation, as provided

in 40 CFR part 59, subpart E. * * * * *

PART 59-[AMENDED]

* 3. The authority citation for part 59

continues to read as follows:

Authority: 42 U.S.C 7414 and 751lb(e).

* 4. Section 59.501 is amended by

revising paragraph (b)(4) and the first

sentence of paragraph (f)(3)(i) to read as

follows:

§59.501 Am I subject to this subpart?

(b)* * *

(4) If you are a manufacturer,

importer, or distributor, you can choose

to certify that you will provide any or

all of the recordkeeping and reporting

requirements of §§ 59.510 and 59.511 by

following the procedures of § 59.511(g)

and (h). * * * * *

(f)* * *

(3) * * *

(i) You must submit an initial

notification no later than July 31, 2009,

or on or before the date that you start

manufacturing aerosol coating products

that are sold in the United States,

whichever is later. * *

u 5. Section 59.510 is amended by

revising paragraph (b) to read as follows:

§59.510 What records am I required to

maintain?

(b) By providing the written

certification to the Administrator in

accordance with § 59.511(g), the

certifying entity accepts responsibility

for compliance with the recordkeeping

requirements of this section with

respect to any products covered by the

written certification, as detailed in the

written certification. Failure to maintain

the required records may result in

enforcement action by EPA against the

certifying entity in accordance with the

enforcement provisions applicable to

violation of these provisions by

regulated entities. If the certifying entity

revokes its certification, as allowed by

§ 59.511(h), the regulated entity must

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assume responsibility for maintaining

all records required by this section.

* 6. Section 59.511 is amended as

follows:

m a. By revising the first sentence in

paragraph (b) introductory text.

* b. By revising the first sentence of

paragraph (e) introductory text.

m c. By revising paragraph (g)

introductory text.

* d. By revising paragraphs (g)(3) and

(g)(4).

m e. By adding paragraph (g)(5).

§59.511 What notifications and reports

must I submit?

(b) You must submit an initial

notification no later than July 31, 2009,

or on or before the date that you first

manufacture, distribute, or import

aerosol coatings, whichever is

later.* * *

(e) If you claim the exemption under

§ 59.501(e), you must submit an initial

notification no later than July 31, 2009,

or on or before the date that you first

manufacture aerosol coatings,

whichever is later. * * *

(g) If you are a manufacturer,

importer, or distributor who chooses to

certify that you will maintain records

for a regulated entity for all or part of

the purposes of § 59.510 and this

section, you must submit a notice to the

appropriate EPA Regional Office listed

in § 59.512. At the same time that this

notice is sent to the appropriate EPA

Regional Office, a copy of the notice

must be sent to the regulated entity for

which you are accepting responsibility

for recordkeeping and reporting

requirements. After the certifying entity

submits this notice to the appropriate

EPA Regional Office, both the certifying

entity and the regulated entity are liable

for any failure to keep records or submit

records and for any inaccurate records

or reports covered by the notice, and

one or both may be subject to an

enforcement action in accordance with

the enforcement provisions applicable

to violation of these provisions. This

notice must include the information

contained in paragraphs (g)(1) though

(g)(5) of this section.

(3) Description of specific

requirements in § 59.510 and this

section for which you are assuming

responsibility and explanation of how

all required information under this

subpart will be maintained and

submitted, as required, by you or the

regulated entity; including

identification of the products covered

by the notice and the location or

locations where the records will be

maintained;

(4) A statement that the certifying

entity understands that the failure to

fulfill the responsibilities that it is

assuming may result in an enforcement

action against it in accordance with the

enforcement provisions applicable to

violation of these provisions by

regulated entities; and

(5) The signature of the responsible

official for the certifying entity.

* 7. Section 59.512 is amendedby

revising the addresses for EPA Regions

I, IV, VII, and VIII to read as follows:

§ 59.512 Addresses of EPA regional

offices.

EPA Region I (Connecticut, Maine,

Massachusetts, New Hampshire,

Rhode Island, Vermont), Director,

Office of Environmental Stewardship,

1 Congress St., Suite 1100, Boston,

MA 02114-2023.

EPA Region IV (Alabama, Florida,

Georgia, Kentucky, Mississippi, North

Carolina, South Carolina, Tennessee),

Director, Air Pesticides and Toxics,

Management Division, Atlanta

Federal Center, 61 Forsyth Street,

SW., Atlanta, GA 30303-3104.

EPA Region VII (Iowa, Kansas, Missouri,

Nebraska), Director, Air Toxics

Division, 901 North 5th Street, Kansas

City, KS 66101.

EPA Region VIII (Colorado, Montana,

North Dakota, South Dakota, Utah,

Wyoming), Director, Air and Toxics

Division, 1595 Wynkoop Street,

Denver, CO 80202-1129.

* 8. Table 2A to subpart E of part 59-

Reactivity Factors is revised to read as

follows:

TABLE 2A TO SUBPART E OF PART 59-REACTIVITY FACTORS

Compound CS Reactivity

CAS No. factor

F o rm a ld e h y d e ...........................................................................................................

G lyc e ro l (1 ,2 ,3 -P ro p a n e trio l) ......................................................................................................................................

P ro p y le n e G ly c o l ........................................................................................................................................................

E th a n o l .......................................................................................................................................................................

F o rm ic A c id ................................................................................................................................................................

A c e tic A c id .................................................................................................................................................................

M e th a n o l ....................................................................................................................................................................

Iso p ro py l A lco ho l (2 -P ro pa no l) ..................................................................................................................................

A c e to n e (P ro p a n o n e ) .................................................................................................................................................

n -P ro p a n o l (n -P ro py l A lco ho l) ...................................................................................................................................

n -B u ty l A lc o h o l (B u ta n o l) ...........................................................................................................................................

n -P e n ta n o l (A m y l A lco h o l) .........................................................................................................................................

B e n z e n e ...............................................................................................................

1 ,1 ,1 -T ric h lo ro e th a n e .................................................................................................................................................

P ro p a n e ...............................................................................................................

V in y l C h lo rid e .............................................................................................................................................................

A c e ta ld e h y d e .............................................................................................................................................................

Methylene Chloride (Dichloromethane) .....................................................................................................................

E th y le n e O x id e ..........................................................................................................................................................

Is o b u ta n e ...................................................................................................................................................................

H F C -15 2 A (1 ,1-D ifluo ro eth a n e ) .................................................................................................................................

P ro p y le n e O x id e ........................................................................................................................................................

t-B u ty l A lc o h o l ............................................................................................................................................................

M e th y l t-B u ty l K e to n e ................................................................................................................................................

Isophorone (3,5,5-Trimethyl-2-Cyclohexenone) ........................................................................................................

Is o p e n ta n e .................................................................................................................................................................

50-00-0

56-81-5

57-55-6

64-17-5

64-18-6

64-19-7

67-56-1

67-63-0

67-64-1

71-23-8

71-36-3

71-41-0

71-43-2

71-55-6

74-98-6

75-01-4

75-07-0

75-09-2

75-21-8

75-28-5

75-37-6

75-56-9

75-65-0

75-97-8

78-59-1

78-78-4

8.97

3.27

2.75

1.69

0.08

0.71

0.71

0.71

0.43

2.74

3.34

3.35

0.81

0.00

0.56

2.92

6.84

0.07

0.05

1.35

0.00

0.32

0.45

0.78

10.58

1.68

29604

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TABLE 2A TO SUBPART E OF PART 59-REACTIVITY FACTORS-Continued

Compound CAS No. Reactivity

factor

Iso b u ta n o l .................................................................................................................................................................. 7 8 -8 3 - 1 2 .2 4

2-Butanol (s-Butyl Alcohol) ........................................................................................................................................ 78-92-2 1.60

Methyl Ethyl Ketone (2-Butanone) ............................................................................................................................ 78-93-3 1.49

Monoisopropanol Am ine (1-Am ino-2-Propanol) ........................................................................................................ 78-96-6 13.42

Trichloroethylene ....................................................................................................................................................... 79-01-6 0.60

P ro p io n ic A c id ............................................................................................................................................................ 7 9 -0 9 - 4 1 .16

A c ry lic A c id ................................................................................................................................................................ 7 9 - 10 - 7 1 1 .6 6

Methyl Acetate ........................................................................................................................................................... 79-20-9 0.07

N itro e th a n e ................................................................................................................................................................ 7 9 -2 4 - 3 12 .7 9

Methacrylic Acid ......................................................................................................................................................... 79-41-4 18.78

a-Pinene (Pine Oil) .................................................................................................................................................... 80-56-8 4.29

Methyl Methacrylate ................................................................................................................................................... 80-62-6 15.84

N a p h th a le n e ............................................................................................................................................................... 9 1- 2 0 - 3 3 .2 6

Xylene, ortho- ............................................................................................................................................................ . 95-47-6 7.49 o -C re s o l ..................................................................................................................................................................... 9 5 -4 8 - 7 2 .3 4

1,2,4-Trimethylbenzene ............................................................................................................................................. 95-63-6 7.18

3 -P e n ta n o n e .............................................................................................................................................................. 9 6 -2 2 - 0 1 .4 5

Methyl Ethyl Ketoxime (Ethyl Methyl Ketone Oxim e) ............................................................................................... 96-29-7 22.04

gamma-Butyrolactone ................................................................................................................................................ 96-48-0 1.15

E th y l L a cta te .............................................................................................................................................................. 9 7 -6 4 - 3 2 .7 1

Isobutyl Isobutyrate .................................................................................................................................................... 97-85-8 0.61

Isobutyl Methacrylate ................................................................................................................................................. 97-86-9 8.99

Butyl Methacrylate ..................................................................................................................................................... 97-88-1 9.09

PCBTF (p-Trifluoromethyl-CI-Benzene) ..................................................................................................................... 98-56-6 0.11

Cumene (Isopropyl Benzene) .................................................................................................................................... 98-82-8 2.32

a-Methyl Styrene ........................................................................................................................................................ 98-83-9 1.72

Ethyl Benzene ............................................................................................................................................................ 100-41-4 2.79

S ty re n e ....................................................................................................................................................................... 1 0 0 -4 2 - 5 1 .9 5

Benzaldehyde ............................................................................................................................................................ 100-52-7 0.00

Triethanolam ine ......................................................................................................................................................... 102-71-6 2.76

2-Ethyl-Hexyl Acetate ................................................................................................................................................ 103-09-3 0.79

2-Ethyl-Hexyl Acrylate ............................................................................................................................................... 103-11-7 2.42

2-Ethyl-l-Hexanol (Ethyl Hexyl Alcohol) ................................................................................................................... 104-76-7 2.20

Ethyl Propionate ........................................................................................................................................................ 105-37-3 0.79

s-Butyl Acetate ........................................................................................................................................................... 105-46-4 1.43

n-Propyl Propionate ................................................................................................................................................... 106-36-5 0.93

X y le n e , p a ra- ............................................................................................................................................................. 1 0 6 -4 2 - 3 4 .2 5

p-Dichlorobenzene ..................................................................................................................................................... 106-46-7 0.20

Dimethyl Succinate .................................................................................................................................................... 106-65-0 0.23

1,2-Epoxybutane (Ethyl Oxirane) .............................................................................................................................. 106-88-7 1.02

n-Propyl Bromide ....................................................................................................................................................... 106-94-5 0.35

B u ta n e ........................................................................................................................................................................ 1 0 6 -9 7 - 8 1 .3 3

1,3-Butadiene ............................................................................................................................................................. 106-99-0 13.58

Ethylene Glycol .......................................................................................................................................................... 107-21-1 3.36

2-Methyl-2,4-Pentanediol .......................................................................................................................................... 107-41-5 1.04

Isohexane Isomers .................................................................................................................................................... 107-83-5 1.80

Methyl n-Propyl Ketone (2-Pentanone) ..................................................................................................................... 107-87-9 3.07

Propylene Glycol Monomethyl Ether (1-Methoxy-2-Propanol) .................................................................................. 107-98-2 2.62

n,n-Dim ethylethanolam ine ......................................................................................................................................... 108-01-0 4.76

1 -Nitropropane ........................................................................................................................................................... 108-03-2 16.16

V in y l A c e ta te .............................................................................................................................................................. 10 8 -0 5 - 4 3 .2 6

Methyl Isobutyl Ketone .............................................................................................................................................. 108-10-1 4.31

Isopropyl Acetate ....................................................................................................................................................... 108-21-4 1.12

Propylene Carbonate (4-Methyl-1,3-Dioxolan-2one) ................................................................................................. 108-32-7 0.25

Xylene, meta-. ............................................................................................................................................................ . 108-38-3 10.61

Propylene Glycol Monomethyl Ether Acetate (1 -Methoxy-2-Propyl Acetate) ........................................................... 108-65-6 1.71

1,3,5-Trimethyl Benzene ............................................................................................................................................ 108-67-8 11.22

Di-Isobutyl Ketone (2,6-Dimethyl-4-Heptanone) ........................................................................................................ 108-83-8 2.94

Methylcyclohexane .................................................................................................................................................... 108-87-2 1.99

T o lu e n e ...................................................................................................................................................................... 1 0 8 -8 8 - 3 3 .9 7

Monochlorobenzene .................................................................................................................................................. 108-90-7 0.36

Cyclohexanol ............................................................................................................................................................. 108-93-0 2.25

Cyclohexanone .......................................................................................................................................................... 108-94-1 1.61 n -B u ty l B u ty ra te ......................................................................................................................................................... 10 9 -2 1- 7 1 .12

Propyl Acetate ........................................................................................................................................................... 109-60-4 0.87

P e n ta n e ...................................................................................................................................................................... 1 0 9 -6 6 - 0 1 .5 4

Ethylene Glycol Monom ethyl Ether (2-Methoxyethanol) ........................................................................................... 109-86-4 2.98

Tetrahydrofuran ......................................................................................................................................................... 109-99-9 4.95

Methyl Isoamyl Ketone (5-Methyl-2-Hexanone) ........................................................................................................ 110-12-3 2.10

Isobutyl Acetate ......................................................................................................................................................... 110-19-0 0.67

Methyl Amyl Ketone ................................................................................................................................................... 110-43-0 2.80

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TABLE 2A TO SUBPART E OF PART 59-REACTIVITY FACTORS-Continued

Compound CAS No. Reactivity

factor

H e x a n e ...................................................................................................

1 1 0 -5 4 -3 1 .4 5

n-Propyl Formate ....................................................................................................................................................... 110-74-7 0.93

2-Ethoxyethanol ......................................................................................................................................................... 110-80-5 3.78

Cyclohexane .............................................................................................................................................................. 110-82-7 1.46

Morpholine ................................................................................................................................................................. 110-91-8 15.43

Dipropylene Glycol ..................................................................................................................................................... 110-98-5 2.48

Ethylene Glycol Monoethyl Ether Acetate (2-Ethoxyethyl Acetate) .......................................................................... 111-15-9 1.90

Diethylenetriam ine ..................................................................................................................................................... 111-40-0 13.03

Diethanolam ine .......................................................................................................................................................... 111-42-2 4.05

Diethylene Glycol ....................................................................................................................................................... 111-46-6 3.55 n -O c ta n e .................................................................................................................................................................... 1 1 1- 6 5 - 9 1 .1 1

2-Butoxy-1-Ethanol (Ethylene Glycol Monobutyl Ether) ............................................................................................ 111-76-2 2.90

Diethylene Glycol Methyl Ether (2-(2-Methoxyethoxy) Ethanol) ............................................................................... 111-77-3 2.90 n -N o n a n e ..................................................................................................

1 1 1- 8 4 -2 0 .9 5

2-(2-Ethoxyethoxy) Ethanol ....................................................................................................................................... 111-90-0 3.19

Ethylene Glycol Monobutyl Ether Acetate (2-Butoxyethyl Acetate) .......................................................................... 112-07-2 1.67

2-(2-Ethoxyethoxy) Ethyl Acetate .............................................................................................................................. 112-15-2 1.50

2-(2-Butoxyethoxy)-Ethanol ....................................................................................................................................... 112-34-5 2.70

Dimethyl Ether ........................................................................................................................................................... 115-10-6 0.93

Triethylam ine ............................................................................................................................................................. 121-44-8 16.60

2-Phenoxyethanol; Ethylene Glycol Phenyl Ether ..................................................................................................... 122-99-6 3.61

Diacetone Alcohol ...................................................................................................................................................... 123-42-2 0.68

2,4-Pentanedione ....................................................................................................................................................... 123-54-6 1.02

B u ta n a l ....................................................................................................................................................................... 1 2 3 -7 2 - 8 6 .7 4

Butyl Acetate, n ......................................................................................................................................................... 123-86-4 0.89

2-(2-Butoxyethoxy) Ethyl Acetate .............................................................................................................................. 124-17-4 1.38

2-Am ino-2-Methyl-1 -Propanol .................................................................................................................................... 124-68-5 15.08

Perchloroethylene ...................................................................................................................................................... 127-18-4 0.04

Ethanolam ine ............................................................................................................................................................. 141-43-5 5.97

Ethyl acetate .............................................................................................................................................................. 141-78-6 0.64

H e p ta n e ..................................................................................................................................................................... 1 4 2 -8 2 - 5 1 .2 8

n-Hexyl Acetate (Hexyl Acetate) ............................................................................................................................... 142-92-7 0.87

2-Ethyl Hexanoic Acid ............................................................................................................................................... 149-57-5 4.41

1,2,3-Trimethyl Benzene ............................................................................................................................................ 526-73-8 11.26

t-Butyl Acetate ........................................................................................................................................................... 540-88-5 0.20

Methyl Isobutyrate ..................................................................................................................................................... 547-63-7 0.70

Methyl Lactate ........................................................................................................................................................... 547-64-8 2.75

Methyl Propionate ...................................................................................................................................................... 554-12-1 0.71

1,2 Butanediol ............................................................................................................................................................ 584-03-2 2.21

n-Butyl Propionate ..................................................................................................................................................... 590-01-2 0.89

Methyl n-Butyl Ketone (2-Hexanone) ........................................................................................................................ 591-78-6 3.55

Ethyl Isopropyl Ether ................................................................................................................................................. 625-54-7 3.86

Dimethyl Adipate ........................................................................................................................................................ 627-93-0 1.95

Methy n-Butyl Ether ................................................................................................................................................... 628-28-4 3.66

Amyl Acetate (Pentyl Ethanoate, Pentyl Acetate) ..................................................................................................... 628-63-7 0.96

Ethyl n-Butyl Ether ..................................................................................................................................................... 628-81-9 3.86

Ethyl t-Butyl Ether ...................................................................................................................................................... 637-92-3 2.11

1,3-Dioxolane ............................................................................................................................................................. 646-06-0 5.47

Ethyl-3-Ethoxypropionate ........................................................................................................................................... 763-69-9 3.61

Methyl Pyrrolidone (n-Methyl-2-Pyrrolidone) ............................................................................................................. 872-50-4 2.56

Dimethyl Gluterate ..................................................................................................................................................... 1119-40-0 0.51

C8 Disubstituted Benzenes (xylenes, m ixed isom ers) .............................................................................................. 1330-20-7 7.48

Ethylene Glycol 2-Ethylhexyl Ether [2-(2-Ethylhexyloxy) Ethanol] ............................................................................ 1559-35-9 1.71

Propylene Glycol Monopropyl Ether (1-Propoxy-2-Propanol) ................................................................................... 1569-01-3 2.86

Propylene Glycol Monoethyl Ether (1-Ethoxy-2-Propanol) ....................................................................................... 1569-02-4 3.25

2-Methoxy-1 -Propanol ............................................................................................................................................... 1589-47-5 3.01

Methyl t-Butyl Ether ................................................................................................................................................... 1634-04-4 0.78

Ethylcyclohexane ....................................................................................................................................................... 1678-91-7 1.75

Isoamyl Isobutyrate .................................................................................................................................................... 2050-01-3 0.89

2-Propoxyethanol (Ethylene Glycol Monopropyl Ether) ............................................................................................ 2807-30-9 3.52

n-Butoxy-2-Propanol .................................................................................................................................................. 5131-66-8 2.70

d-Limonene (Dipentene or O range Terpene) ............................................................................................................ 5989-27-5 3.99

Dipropylene Glycol Methyl Ether Isomer (2-[2Methoxypropoxy]-l-Propanol) ........................................................... 13588-28-8 3.02

C9 Styrenes (Vinyl Toluene, m ixed isomers) ............................................................................................................ 25013-15-4 1.72

Texanol (1,3 Pentanediol, 2,2,4-Trimethyl, 1-Isobutyrate) ........................................................................................ 25265-77-4 0.89

Isodecyl Alcohol (8-Methyl-i-Nonanol) ...................................................................................................................... 25339-17-7 1.23

Tripropylene Glycol Monomethyl Ether ..................................................................................................................... 25498-49-1 1.90

Glycol Ether DPNB (1-(2-Butoxy-1-Methylethoxy) 2-Propanol) ................................................................................ 29911-28-2 1.96

Propylene Glycol t-Butyl Ether (1-tert-Butoxy-2-Propanol) ....................................................................................... 57018-52-7 1.71

2-Methoxy-l-Propyl Acetate ...................................................................................................................................... 70657-70-4 1.12

Oxo-Heptyl Acetate .................................................................................................................................................... 90438-79-2 0.97

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TABLE 2A TO SUBPART E OF PART 59-REACTIVITY FACTORS-Continued

Compound CAS No. Reactivity

factor

2 -tert-B utoxy-1 -P ro pa no l ............................................................................................................................................ 94023- 15- 1 1.8 1

O xo-O ctyl A cetate ...................................................................................................................................................... 1084 19-32- 5 0 .96

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

BILLING CODE 6560-50-P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 74 and 78

[WT Docket No. 02-55; ET Docket Nos. 00-

258, 95-18; FCC 09-49]

Relocation of 2 GHz Broadcast

Auxiliary Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this document the

Commission waives the deadline by

which Sprint Nextel must complete

relocation of the broadcast auxiliary

service (BAS) to frequencies above 2025

MHz until February 8, 2010. The

Commission also eliminates the

requirement that MSS entrants to the

2000-2020 MHz band may not begin

operations until the BAS incumbents in

the top 30 markets by population and all

fixed BAS links in the 1990-2025 MHz

band have been relocated. MSS entrants

will be allowed to conduct operations in

markets where the BAS incumbents

have not been relocated only if they

successfully coordinate with the BAS

incumbents. In addition, the

Commission waives the requirement

that New ICO Satellite Services G.P.

must first make available to the public

commercial satellite service throughout

its satellite's coverage area before it may

commercially operate Ancillary

Terrestrial Service (ATC) in conjunction

with it satellite system.

DATES: Effective July 23, 2009.

FOR FURTHER INFORMATION CONTACT:

Nicholas Oros, (202) 418-0636, e-mail

Nicholas. Oros@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission's Report

and Order and Order, WT Docket No.

02-55, ET Docket Nos. 00-258 and 95-

18, FCC 09-49, adopted June 10, 2009,

and released June 12, 2009. The full text

of the document is available on the

Commission's Internet site at http://

www.fcc.gov. It is also available for

inspection and copying during regular

business hours in the FCC Reference

Center (Room CY-A257), 445 12th St.,

SW., Washington, DC 20554. The full

text may also be purchased from the

Commission's duplication contractor,

Best Copy and Printing Inc., Portals II,

445 12th St., SW., Room CY-B402,

Washington, DC 20554, telephone (202)

488-5300; fax (202) 488-5563; e-mail

FCC@BCPIWEB.com.

Summary of the Report and Order and

Order

1. In this Report and Order and Order,

the Commission waives the deadline by

which Sprint Nextel must complete

relocation of the broadcast auxiliary

service (BAS) to frequencies above 2025

MHz until February 8, 2010. The BAS

incumbents are being relocated so that

new entrants such as the Mobile

Satellite Service (MSS), Advanced

Wireless Service (AWS), and Sprint

Nextel can provide new and innovative

services. In 2004, Sprint Nextel

undertook the obligation to relocate the

BAS incumbents within 30 months-i.e.

by September 7, 2007. In March 2008

the Commission waived the BAS

transition deadline until March 5, 2009.

On February 12, 2009, Sprint Nextel, the

Association for Maximum Service

Television (MSTV), the National

Association of Broadcasters (NAB), and

the Society of Broadcast Engineers (SBE)

filed a supplemental request that the

BAS transition deadline be waived until

February 7, 2010.

2. The Commission concludes that

waiver of the BAS relocation deadline

until February 8, 2010 is in the public

interest for a number of reasons. The

timely relocation of BAS licensees

remains a necessary step for the full

introduction of new services in the

1990-2025 MHz band, and Sprint

Nextel remains the sole entity actively

undertaking such relocations. No

commenter has suggested an alternate

plan by which BAS licensees can be

relocated quicker in order to give new

entrants full and complete access to the

band. The pace of the BAS transition is

constrained by the small number of

manufacturers who make the BAS

equipment, a shortage of qualified

equipment installers and tower

climbers, and coordination problems

between the new radio equipment and

preexisting controllers. The Commission

concludes that a fair reading of the

overall record indicates that Sprint

Nextel has made considerable progress

in the BAS relocation process that has

proven to be a more complex

undertaking than any party may have

initially anticipated.

3. Further delays in BAS transition

will frustrate our goal of providing

opportunity for new entrants to begin

offering service in the band and the

Commission fully intends to take all

necessary steps to ensure that the BAS

licensees, Sprint Nextel, and the MSS

operators act to complete the BAS

relocation process in a timely manner.

While the Commission intends to

exercise appropriate enforcement action

if Sprint Nextel is not able to complete

the BAS transition by February 8, 2010

for reasons it could have reasonably

avoided, we also believe that there

should be appropriate consequences for

BAS licensees for failure to complete

the relocation by the new deadline. In

the accompanying Further Notice, the

Commission considers further

modifying the BAS relocation rules to

allow new entrants to begin

unencumbered operations in the band

before all BAS operations are relocated.

The Commission also emphasize that,

under existing relocation rules, MSS

operators have an absolute

responsibility to protect incumbent BAS

licensees, and that it will consider

taking vigorous enforcement action

against any violations of this rule.

Furthermore, the Commission reminds

BAS licensees that under the

Commission's rules they have an

obligation to negotiate in good faith

with Sprint Nextel and the other new

entrants relocation agreements for the

1990-2025 MHz band. If a party

believes that another party, whether a

BAS licensee or a new entrant, is not

negotiating in good faith, it may petition

the Commission for a declaratory ruling.

4. As proposed in a March 2008

Further Notice of Proposed Rulemaking

in this docket, in this Report and Order

and Order the Commission also

eliminates the requirements in

§§ 74.690(e)(1)(i) and 78.40(f)(1)(i) of the

Commission's Rules that MSS entrants

relocate all BAS licensees in Nielsen

Designated Market areas 1-30, as they

existed on September 6, 2000, and all

fixed BAS stations operating in the band

on a primary basis prior to beginning

29607

HeinOnline -- 74 Fed. Reg. 29607 2009