[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Proposed Rules]
[Pages 14324-14327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5647]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 59

[EPA-HQ-OAR-2006-0971; FRL-9644-9]
RIN 2060-AR37


National Volatile Organic Compound Emission Standards for Aerosol 
Coatings--Addition of Dimethyl Carbonate, Benzotrifluoride, and 
Hexamethyldisiloxane to Table of Reactivity Factors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to amend the National Volatile Organic 
Compound Emission Standards for Aerosol Coatings final rule, which is a 
rule that establishes national reactivity-based emission standards for 
the aerosol coatings category (aerosol spray paints) under the Clean 
Air Act. This proposed action adds three compounds: dimethyl carbonate, 
benzotrifluoride, and hexamethyldisiloxane and their associated 
reactivity factors to the aerosol coatings reactivity rule's table of 
reactivity factors based on petitions received from regulated entities. 
This action also revises two tables in the final rule, and corrects a 
typographical error in a test method reference. In the ``Rules and 
Regulations'' section of this Federal Register, we are making these 
same amendments as a direct final rule without a prior proposed rule. 
If we receive no adverse comment, we will not take further action on 
this proposed rule.

DATES: Written comments must be received by April 23, 2012.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing concerning the proposed regulation by March 19, 2012, we 
will hold a public hearing on March 26, 2012. If a public hearing is 
held, it will be held at 10 a.m. at Building C on the EPA campus in 
Research Triangle Park, NC, or at an alternate site nearby.

[[Page 14325]]

Persons interested in presenting oral testimony must contact Ms. Pamela 
Garrett, U.S. EPA, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, Minerals and Manufacturing Group (D243-
04), Research Triangle Park, North Carolina 27711, telephone number: 
(919) 541-7966, fax number: (919) 541-5450, email address: 
<a href="/cdn-cgi/l/email-protection#03646271716677772d73626e666f62436673622d646c75"><span class="__cf_email__" data-cfemail="1b7c7a69697e6f6f356b7a767e777a5b7e6b7a357c746d">[email protected]</span></a>, no later than March 19, 2012. Persons 
interested in attending the public hearing must also call Ms. Garrett 
to verify the time, date and location of the hearing. If no one 
contacts Ms. Garrett by March 19, 2012 with a request to present oral 
testimony at the hearing, we will cancel the hearing.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0971, by one of the following methods:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#89e8a4e8e7eda4fba4ede6eae2ecfdc9ecf9e8a7eee6ff"><span class="__cf_email__" data-cfemail="84e5a9e5eae0a9f6a9e0ebe7efe1f0c4e1f4e5aae3ebf2">[email protected]</span></a>.
    <bullet> Fax: (202) 566-9744.
    <bullet> Mail: U.S. Postal Service, send comments to: EPA Docket 
Center (6102T), Air and Radiation Docket, National Volatile Organic 
Emission Standards for Aerosol Coatings, Docket ID No. EPA-HQ-OAR-0971, 
1200 Pennsylvania Avenue NW., Washington, DC 20460. Please include a 
total of two copies.
    <bullet> Hand Delivery: In person or by courier, deliver comments 
to: EPA Docket Center (6102T), National Volatile Organic Emission 
Standards for Aerosol Coatings, Docket ID No. EPA-HQ-OAR-0971, Public 
Reading Room, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC 20460. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0971. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to EPA without going through 
www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses.
    in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, contact Ms. 
J. Kaye Whitfield, U.S. EPA, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, Minerals and 
Manufacturing Group (D243-04), Research Triangle Park, NC 27711; 
telephone number (919) 541-2509; fax number: (919) 541-5450; email 
address: <a href="/cdn-cgi/l/email-protection#c2b5aaabb6a4aba7aea6eca9a3bba782a7b2a3eca5adb4"><span class="__cf_email__" data-cfemail="33445b5a47555a565f571d58524a56735643521d545c45">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Organization of this Document: The following 
outline is provided to aid in locating information in this document.

I. Why is the EPA issuing this proposed rule?
II. Does this action apply to me?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning Reviews Executive 
Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Why is the EPA issuing this proposed rule?

    This document proposes to take action on the National Volatile 
Organic Compound Emission Standards for Aerosol Coatings final rule by 
adding three compounds: dimethyl carbonate, benzotrifluoride, 
hexamethyldisiloxane and their associated reactivity factors (RFs) to 
the aerosol coatings reactivity rule's table of RFs based on petitions 
received from regulated entities. This action also revises Table 1 of 
the final rule by moving the units, expressed as grams of ozone per 
gram of product (g O<INF>3</INF>/g product), from the table heading to 
the column entitled, ``Reactivity Limit;'' revises Tables 2A, 2B, and 
2C by adding units, expressed as grams of ozone per gram of volatile 
organic compound (gO<INF>3</INF>/g VOC),to the column entitled, 
``Reactivity Factors;'' and corrects a test method typographical error 
by replacing the phrase ``California Air Resources Board Method 3-0'' 
in 40 CFR 59.515(a)(1) with ``California Air Resources Board Method 
310.'' We have published a direct final rule to make these same 
amendments in the ``Rules and Regulations'' section of this Federal 
Register because we view this as a noncontroversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule, and it will not take effect. We would address 
all public comments in any subsequent final rule base on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.
    The regulatory text for the proposal is identical to that for the 
direct final rule published in the ``Rules and Regulations'' section of 
this Federal Register. For further supplementary information, the 
detailed rationale for the proposal and the regulatory revisions, see 
the direct final rule published in a separate part of this Federal 
Register.

II. Does this action apply to me?

    The entities potentially affected by this proposed rule are the 
same entities that are subject to the aerosol coatings final rule. The 
entities affected by the aerosol coatings final rule include: 
manufacturers, processors, distributors or importers of aerosol 
coatings for sale or distribution in the United States, and 
manufacturers, processors, distributors or importers who supply the 
entities listed above with aerosol coatings for sale or distribution in 
interstate commerce in the United States.

[[Page 14326]]

III. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735 October 4, 1993) and is, 
therefore, not subject to review under the Executive Orders 12866 and 
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
because it serves to add compounds to Table 2A of the rule and make 
several clarifying edits. However, the Office of Management and Budget 
(OMB) has previously approved the information collection requirements 
contained in the existing regulations (40 CFR parts 51 and 59) 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 the EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act 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 proposed rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's regulations at 13 CFR 
121.201; (2) a governmental jurisdiction that is a government of a 
city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    This rule will not impose any requirements on small entities. We 
have determined that small businesses will not incur any adverse 
impacts because the EPA is taking this action to amend the aerosol 
coatings rule by adding compounds to Table 2A of the rule and making 
several clarifying edits. These amendments do not create any new 
requirements or burdens, and no costs are associated with these 
amendments.
    We have, therefore, concluded that this proposed rule will relieve 
regulatory burden for all affected small entities.
    We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act

    This 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. 
Thus, this rule is not subject to the requirements of sections 202 or 
205 of 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. In this action, the 
EPA is amending Table 2A by adding three compounds and their associated 
RFs, and making several clarifying edits.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This action adds compounds to Table 
2A of the aerosol coatings rule, and makes several clarifying edits. 
Thus, Executive Order 13132 does not apply to this action.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed action 
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 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action adds 
compounds to Table 2A of the aerosol coatings rule, and makes several 
clarifying edits. Thus, Executive Order 13175 does not apply to this 
action.
    EPA specifically solicits additional comment on this proposed 
action from tribal officials.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) as applying to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Order has the potential to influence the regulation. This action is 
not subject to Executive Order 13045 because it is based solely on 
technology performance.

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

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) 
directs the 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 the EPA to provide 
Congress, through OMB, explanations when the agency decides not to use 
available and applicable voluntary consensus standards.

[[Page 14327]]

    This action does not involve technical standards. Therefore, the 
EPA did not consider the use of any voluntary consensus standards.

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

    Executive Order 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.
    The EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. Further, this action only adds compounds to Table 2A of 
the aerosol coatings rule, and makes several clarifying edits.

List of Subjects in 40 CFR Part 59

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: March 1, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-5647 Filed 3-8-12; 8:45 am]
BILLING CODE 6560-50-P


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