Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 51851 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 9, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2021–20005 Filed 9–16–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 59 

[EPA–HQ–OAR–2006–0971; FRL–7966–02– 

OAR] 

RIN 2060–AU94 

National Volatile Organic Compound 

Emission Standards for Aerosol 

Coatings Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is proposing to 

amend the National Volatile Organic 

Compound (VOC) Emission Standards 

for Aerosol Coatings, which establishes 

reactivity-based emission standards for 

the aerosol coatings category (aerosol 

spray paints) under the Clean Air Act 

(CAA). In this action, the EPA is 

proposing to update coating category 

product-weighted reactivity limits for 

aerosol coatings categories; add new 

compounds and reactivity factors (RFs); 

update existing reactivity values; revise 

the default RF; amend the thresholds for 

compounds regulated by this document; 

and add electronic reporting provisions. 

DATES: 

Comments. Comments must be 

received on or before November 16, 

2021. Under the Paperwork Reduction 

Act (PRA), comments on the 

information collection provisions are 

best assured of consideration if the 

Office of Management and Budget 

(OMB) receives a copy of your 

comments on or before October 18, 

2021. 

Public Hearing: If anyone contacts us 

requesting a public hearing on or before 

September 22, 2021, the Agency will 

hold a virtual public hearing. See 

SUPPLEMENTARY INFORMATION for 

information on requesting and 

registering for a public hearing. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2006–0971, 40 Code of Federal 

Regulations (CFR) part 59, subpart E, by 

any of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2006–0971 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2006– 

0971. 

Instructions: All submissions received 

must include the Docket ID No. EPA– 

HQ–OAR–2006–0971 for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. Out of an abundance of 

caution for members of the public and 

our staff, the EPA Docket Center and 

Reading Room closed to public visitors 

on March 31, 2020 to reduce the risk of 

transmitting COVID–19 Our Docket 

Center staff will continue to provide 

remote customer service via email, 

phone, and webform. The Agency 

encourages the public to submit 

comments via https://

www.regulations.gov/or email, as there 

is a temporary suspension of mail 

delivery to EPA, and no hand deliveries 

are currently accepted. For further 

information on EPA Docket Center 

services and the current status, please 

visit us online at https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: For 

information about the National Volatile 

Organic Compound Emission Standards 

for Aerosol Coatings, contact Ms. J. Kaye 

Whitfield, U.S. EPA, Office of Air 

Quality Planning and Standards, Sector 

Policies and Programs Division, 

Minerals and Manufacturing Group 

(D243–04), Research Triangle Park, 

North Carolina 27711; telephone 

number: (919) 541–2509; fax number 

(919) 541–4991; and email address: 

whitfield.kaye@epa.gov. For questions 

related to enforcement, contact Mr. John 

Cox, Office of Enforcement and 

Compliance Assurance, U.S. 

Environmental Protection Agency, U.S. 

EPA WJC South Building (2221A), 

Pennsylvania Avenue NW, Washington, 

DC 20460; telephone number; (202– 

564–1395); and email address: 

cox.john@epa.gov. For questions 

regarding electronic reporting, contact 

Ms. Theresa Lowe, U.S. EPA, Office of 

Air Quality Planning and Standards, 

Sector Policies and Programs Division, 

Measurement Policy Group (D243–05), 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

4786; and email address: lowe.theresa@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Entities Potentially Affected by This 

Action. The entities potentially affected 

by this regulation include 

manufacturers, processors, wholesale 

distributors, or importers of aerosol 

coatings for sale or distribution in the 

United States, or manufacturers, 

processors, wholesale distributors, or 

importers who supply the entities listed 

above with aerosol coatings for sale or 

distribution in interstate commerce in 

the United States. The entities 

potentially affected by this proposed 

action include those listed in the North 

American Industry Classification 

System codes 32551 and 325998. This 

list is not intended to be exhaustive, but 

rather provides a guide for entities 

likely to be affected by this action. To 

determine whether you would be 

affected by this action, you should 

examine the applicable industry 

description in section I.E of the 

promulgation preamble, published at 73 

FR 15604 (March 24, 2008). If you have 

any questions regarding the 

applicability of this action to a 

particular entity, consult the 

appropriate EPA contact listed in the 

FOR FURTHER INFORMATION CONTACT

section of this notice. 

Obtaining a copy of this document 

and other related information. In 

addition to being available in the 

docket, an electronic copy of this action 

is available on the internet. Following 

signature by the EPA Administrator, the 

EPA will post a copy of this proposed 

action at https://www.epa.gov/ 

stationary-sources-air-pollution/aerosolcoatings-national-volatile-organiccompound-emission. Following 

publication in the Federal Register, the 

EPA will post the Federal Register 

version of the proposal and key 

technical documents at this same 

website. 

The proposed changes to the 

regulatory text in the CFR that would be 

necessary to incorporate the changes 

proposed in this action are set out the 

document titled Proposed Regulation 

Edits for 40 CFR part 59, subpart E in 

the docket for this action (Docket ID No. 

51852 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 

EPA–HQ–OAR–2006–0971). This 

document includes the specific 

proposed amendatory language for 

revising the CFR and, for the 

convenience of interested parties, a 

redline version of the regulations. 

Following signature by the EPA 

Administrator, the EPA will also post a 

copy of this memorandum and the 

attachment to https://www.epa.gov/ 

stationary-sources-air-pollution/aerosolcoatings-national-volatile-organiccompound-emission. 

Participation in virtual public 

hearing. Please note that the EPA is 

deviating from its typical approach for 

public hearings because the President 

declared a national emergency. Due to 

the current Centers for Disease Control 

and Prevention (CDC) 

recommendations, as well as state and 

local orders for social distancing to limit 

the spread of COVID–19, the EPA 

cannot hold in-person public meetings 

at this time. 

To request a virtual public hearing, 

contact the public hearing team at (888) 

372–8699 or by email at 

SPPDpublichearing@epa.gov. If 

requested, the virtual hearing will be 

held on October 4, 2021. The hearing 

will convene at 9:00 a.m. Eastern Time 

(ET) and will conclude at 3:00 p.m. ET. 

The EPA may close a session 15 minutes 

after the last pre-registered speaker has 

testified if there are no additional 

speakers. The EPA will announce 

further details at https://www.epa.gov/ 

stationary-sources-air-pollution/aerosolcoatings-national-volatile-organiccompound-emission. 

Upon publication of this document in 

the Federal Register, the EPA will begin 

pre-registering speakers for the hearing, 

if a hearing is requested. To register to 

speak at the virtual hearing, please use 

the online registration form available at 

https://www.epa.gov/stationary-sourcesair-pollution/aerosol-coatings-nationalvolatile-organic-compound-emission or 

contact the public hearing team at (888) 

372–8699 or by email at 

SPPDpublichearing@epa.gov. The last 

day to pre-register to speak at the 

hearing will be September 29, 2021. 

Prior to the hearing, the EPA will post 

a general agenda that will list preregistered speakers in approximate 

order at: https://www.epa.gov/ 

stationary-sources-air-pollution/aerosolcoatings-national-volatile-organiccompound-emission. 

The EPA will make every effort to 

follow the schedule as closely as 

possible on the day of the hearing; 

however, please plan for the hearings to 

run either ahead of schedule or behind 

schedule. 

Each commenter will have 5 minutes 

to provide oral testimony. The EPA 

encourages commenters to provide the 

EPA with a copy of their oral testimony 

electronically (via email) by emailing it 

to whitfield.kaye@epa.gov. The EPA also 

recommends submitting the text of your 

oral testimony as written comments to 

the rulemaking docket. 

The EPA may ask clarifying questions 

during the oral presentations but will 

not respond to the presentations at that 

time. Written statements and supporting 

information submitted during the 

comment period will be considered 

with the same weight as oral testimony 

and supporting information presented at 

the public hearing. 

Please note that any updates made to 

any aspect of the hearing will be posted 

online at https://www.epa.gov/ 

stationary-sources-air-pollution/aerosolcoatings-national-volatile-organiccompound-emission. While the EPA 

expects the hearing to go forward as set 

forth above, please monitor our website 

or contact the public hearing team at 

(888) 372–8699 or by email at 

SPPDpublichearing@epa.gov to 

determine if there are any updates. The 

EPA does not intend to publish a 

document in the Federal Register 

announcing updates. If you require the 

services of a translator or a special 

accommodation such as audio 

description, please pre-register for the 

hearing with the public hearing team 

and describe your needs by September 

24, 2021. The EPA may not be able to 

arrange accommodations without 

advanced notice. 

Docket. The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2006–0971. All 

documents in the dockets are listed in 

https://www.regulations.gov/. Although 

listed, some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either in the docket for this action, 

Docket ID No. EPA–HQ–OAR–2006– 

0971, or electronically at https://

www.regulations.gov/. 

Instructions. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2006– 

0971. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at https:// 

www.regulations.gov/. Do not submit 

electronically any information that you 

consider to be CBI or other information 

whose disclosure is restricted by statute. 

This type of information should be 

submitted by mail as discussed below. 

The EPA may publish any comment 

received to its public docket. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

The https://www.regulations.gov/ 

website allows you to submit your 

comment anonymously, which means 

the EPA will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an email comment directly to the 

EPA without going through https://

www.regulations.gov/, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

digital storage media you submit. If the 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should not include 

special characters or any form of 

encryption and be free of any defects or 

viruses. For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at https:// 

www.epa.gov/dockets. 

The EPA is temporarily suspending 

its Docket Center and Reading Room for 

public visitors, with limited exceptions, 

to reduce the risk of transmitting 

COVID–19. Our Docket Center staff will 

continue to provide remote customer 

service via email, phone, and webform. 

The EPA encourages the public to 

submit comments via https://

www.regulations.gov/ as there may be a 

delay in processing mail and faxes. 

Hand deliveries or couriers will be 

received by scheduled appointment 

only. For further information and 

updates on EPA Docket Center services, 

please visit us online at https://

www.epa.gov/dockets. 

The EPA continues to carefully and 

continuously monitor information from 

Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 51853 

1Email Conversation, American Coatings 

Association, March 29, 2021. 

the CDC, local area health departments, 

and our Federal partners so that the 

Agency can respond rapidly as 

conditions change regarding COVID–19. 

Submitting CBI. Do not submit 

information containing CBI to the EPA 

through https://www.regulations.gov/ or 

email. Clearly mark the part or all the 

information that you claim to be CBI. 

For CBI information on any digital 

storage media that you mail to the EPA, 

mark the outside of the digital storage 

media as CBI and then identify 

electronically within the digital storage 

media the specific information that is 

claimed as CBI. In addition to one 

complete version of the comments that 

includes information claimed as CBI, 

you must submit a copy of the 

comments that does not contain the 

information claimed as CBI directly to 

the public docket through the 

procedures outlined in Instructions 

above. If you submit any digital storage 

media that does not contain CBI, mark 

the outside of the digital storage media 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and the 

EPA’s electronic public docket without 

prior notice. Information marked as CBI 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. Send or deliver 

information identified as CBI only to the 

following address: OAQPS Document 

Control Officer (C404–02), OAQPS, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, Attention Docket ID No. EPA– 

HQ–OAR–2006–0971. Note that written 

comments containing CBI and 

submitted by mail may be delayed and 

no hand deliveries will be accepted. 

Organization of this document. The 

information in this preamble is 

organized as follows: 

I. Background 

II. What amendments have been made to the 

National Volatile Organic Compound 

Emission Standards for Aerosol Coatings 

Rule? 

III. Summary of Proposed Amendments to 

the National Volatile Organic Compound 

Emission Standards for Aerosol Coatings 

A. Table 1 to Subpart E of Part 59.— 

Product-Weighted Reactivity Limits by 

Coatings Category 

B. Table 2 to Subpart E of Part 59.—2A 

Reactivity Factors, 2B Aliphatic 

Hydrocarbon Solvent Mixtures, and 2C 

Aromatic Hydrocarbon Solvent Mixtures 

C. The Default Reactivity Factor 

D. VOC Regulated Under This Rule 

E. Electronic Reporting of Notifications and 

Reports 

F. Test Methods 

IV. Summary of Impacts 

A. Environmental Impacts 

B. Energy Impacts 

C. Cost and Economic Impacts 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175 Consultation and 

Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. Background 

The EPA promulgated ‘‘The National 

Volatile Organic Compound Emission 

Standards for Aerosol Coatings,’’ in 

2008 (73 FR 15604; March 24, 2008) and 

codified the action at 40 CFR part 59, 

subpart E (sections 59.500– 59.516). The 

rule established nationwide VOC 

reactivity-based standards for the 

aerosol coatings source category. The 

statutory authority for this action is 

provided by section 183(e) of the CAA, 

as amended (42 U.S.C. 7401 et seq.). 

Section 183(e) of the CAA requires the 

EPA to control VOC emissions from 

certain categories of consumer and 

commercial products for purposes of 

reducing VOC emissions contributing to 

ozone formation and nonattainment of 

the ozone national ambient air quality 

standards (NAAQS). 

The EPA and states typically have 

promulgated rules for regulating VOCs 

from consumer products based upon 

reductions of VOC content in the 

products by mass. One state, California, 

promulgated a regulation for VOC 

emissions from aerosol coatings based 

on a relative reactivity approach. The 

EPA promulgated a national rule based 

upon the relative reactivity approach 

after concluding that the approach 

could achieve more reduction in ozone 

formation than may be achieved by a 

mass-based approach for this source 

category. The reactivity-based approach 

requires the EPA to revise the regulatory 

definition of VOC to include 

compounds that would otherwise be 

exempt, to account for all reactive 

compounds in aerosol coatings that 

contribute to ozone formation. 

Therefore, certain compounds that 

would not be VOC under the otherwise 

applicable definition for other purposes, 

do count towards the applicable 

reactivity-based limits of the aerosol 

coatings standards. 

Regulated entities, encompassing all 

steps in aerosol coatings operations, 

include manufacturers, processors, 

wholesale distributors, or importers of 

aerosol coatings or their suppliers. 

There are approximately 46 regulated 

entities; however, two aerosol coatings 

companies account for about 70 percent 

of the U.S. market.1

II. What amendments have been made 

to the National Volatile Organic 

Compound Emission Standards for 

Aerosol Coatings Rule? 

The national emission standards for 

aerosol coatings (74 FR 29595; June 23, 

2009) has been amended several times. 

In accordance with section 59.511(j), the 

EPA responded to an industry petition 

and added 128 compounds, 

corresponding reactivity factors, and 

Chemical Abstract Service (CAS) 

numbers for each compound or class of 

compounds listed in Table 2A. In 

addition, the Agency changed the 

definition of VOC in part 51 to clarify 

that compounds that are excluded from 

the definition of VOC under both 40 

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

counted as VOC for the purposes of 

determining compliance with the 

aerosol coatings reactivity rule in 40 

CFR part 59, subpart E. In the same 

action, the EPA amended section 

59.511(g) to ensure that both the 

certifying entity and the regulated entity 

have full knowledge of responsibilities 

assumed by the certifying entity. In a 

later action, the EPA responded to a 

second petition from industry and 

added three new compounds, reactivity 

factors, and CAS numbers to Table 2A 

of the rule. See 77 FR 14279 (March 9, 

2012). 

III. Summary of Proposed Amendments 

to the National Volatile Organic 

Compound Emission Standards for 

Aerosol Coatings 

The EPA is proposing to amend 

Tables 1 and 2 to subpart E of part 59, 

the default reactivity factor, VOC 

regulated by the rule, and requirements 

for submitting reports. The Agency is 

proposing these changes, in part, to 

respond to petitions from American 

Coatings Association (ACA) requesting 

revisions to the standards that promote 

consistency and uniformity, where 

appropriate, between California Air 

Resources Board (CARB) and national 

aerosol coatings regulations. For more 

information on the petitions submitted 

51854 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 

2Proposed Amendments to the Antiperspirant 

and Deodorants Regulation, the Consumer Products 

Regulation, the Aerosol Coating Products 

Regulation, the Tables of MIR Values, Test Method 

310, and Proposed Repeal of the Hairspray Credit 

Program; Date of Release: August 7, 2013, 

Scheduled for Consideration: September 26, 2013. 

3Title 17, California’s Regulation, Division 3, 

Chapter 1, Subchapter 8.5, Article 3, Aerosol 

Coatings Products, Sections 94520–94528 

(Amended September 17, 2014). 

4Title 17, CCR, Article 1, Tables of Maximum 

Incremental Reactivity Values, Sections 94700– 

94701 (Amended September 17, 2014). 

5 Ibid. 

6Carter, William (2009). Investigation of 

Atmospheric Ozone Impacts of Trans 1-Chloro3,3,3-Trifluoropropene, Final Report. Riverside, 

California: Center for Environmental Research and 

Technology, University of California. 

7 Venecek, Melissa (2020). Estimating Maximum 

Incremental Reactivity for Diethyl Carbonate. Final 

Report. Sacramento, California: Technical 

Development Section, Consumer Products and Air 

Quality Assessment Branch, Air Quality Planning 

and Science Division, California Air Resources 

Board. 

8Title 17, CCR, Sections 94700–94701. 

by ACA to the Agency, see the docket 

for this action, Docket ID No. EPA–HQ– 

OAR–2006–0971. 

A. Table 1 to Subpart E of Part 59.— 

Product-Weighted Reactivity Limits by 

Coatings Category 

The national rule establishes productweighted reactivity limits, listed in 

Table 1, for each coating category. 

Compliance with these limits is 

determined by the mass weighted sum 

of the reactivity values of the VOC 

ingredients in the product. In this 

action, the Agency is proposing to 

update both the reactivity values of 

individual VOCs (in Table 2) and the 

limits for each coating category (in 

Table 1). These changes are intended to 

update the relative reactivity scale that 

underlies both the reactivity factors and 

limits; to further decrease the 

contribution of aerosol coatings to ozone 

formation; and to make the national rule 

consistent with the California regulation 

to improve ease of compliance and 

implementation. 

When considering updates to coating 

categories and emission limits in Table 

1, the EPA consulted with CARB and 

reviewed CARB’s rationale 2 for changes 

made to California’s aerosol coatings 

regulations since promulgation of the 

EPA national regulation. The Agency 

then met with ACA to discuss their 

concerns. Based on the outcome of these 

consultations, the Agency is proposing 

to adopt category names and limits 

identical to those in the CARB aerosol 

coatings regulation. The proposed 

amendments will increase clarity and 

promote consistency between California 

and national aerosol coatings 

regulations, one of the stated objectives 

of the ACA petition. 

Accordingly, the Agency is proposing 

to combine two sets of coatings 

subcategories into two main categories 

and to add corresponding limits for 

those categories, as follows: 

The subcategories ‘‘enamel,’’ 

‘‘lacquer,’’ and ‘‘clear or metallic’’ 

coatings will be subsumed under the 

category heading, ‘‘Hobby/Model/Craft 

Coatings,’’ and the category limit will be 

set equal to 1.6 g O3/g VOC. The 

subcategories ‘‘clear’’ and ‘‘pigmented’’ 

coatings will be subsumed under the 

category heading, ‘‘Shellac Sealers,’’ 

with the category limit set equal to 1.00 

g O3/g VOC. 

The EPA also is proposing to add six 

new specialty coating categories and 

corresponding limits for those 

categories, as follows: 

‘‘Electrical/Electronic/Conformal 

Coatings,’’ with a category limit set 

equal to 2.00 O3/g VOC; ‘‘Flexible 

Coatings,’’ with a limit equal to 1.60 O3/ 

g VOC; ‘‘Mold Release Coatings,’’ with 

a limit equal to 1.10 O3/g VOC; ‘‘Rust 

Converter,’’ with a limit equal to 1.10 

O3/g VOC; ‘‘Two Component Coating,’’ 

with a limit equal to 1.20 O3/g VOC; and 

‘‘Uniform Finish Coating,’’ with a limit 

equal to 1.30 O3/g VOC. 

For a complete list of proposed 

changes to Table 1, see Proposed 

Regulation Edits for 40 CFR part 59, 

subpart E, located in the docket for this 

action, EPA Docket ID No. EPA–HQ– 

OAR–2006–0971. 

B. Table 2 to Subpart E of Part 59.—2A 

Reactivity Factors, 2B Aliphatic 

Hydrocarbon Solvent Mixtures, and 2C 

Aromatic Hydrocarbon Solvent Mixtures 

The EPA is proposing to amend 

Tables 2A, 2B, and 2C by adding new 

compounds and RFs and updating 

existing reactivity values. The proposed 

changes will provide uniformity 

between CARB 3 and national aerosol 

coatings regulations (73 FR 15604). 

California uses maximum incremental 

reactivity (MIR) values 4 as the basis for 

its aerosol coatings regulations. In the 

national rule, the Agency uses the term 

‘‘reactivity factor’’ and sets the value 

equal to the MIR or upper limit MIR 

used by CARB. 

In accordance with 40 CFR part 59, 

subpart E, section 59.511(j), ACA 

submitted petitions requesting the EPA 

add 17 new compounds and RFs to 

Table 2A and update the RF of one 

existing compound mixture on Table 

2B. The petitioners provided the 

chemical names, CAS numbers, a 

statement certifying the intent to use the 

compounds in aerosol coatings 

products, and information allowing the 

EPA to evaluate the reactivity of the 

compounds and assign RF values. Of the 

17 new compound additions to Table 

2A, CARB has assigned MIR values for 

15 of the compounds in California’s 

aerosol coatings regulation,5 which the 

Agency is proposing to adopt in this 

action. The proposed RFs of the two 

remaining compounds are equal to 0.04 

g O3/g VOC for trans-1-chloro-3,3,3- 

trifluoropropene (HFO-1233zdE), CAS 

102687–65–0, based on MIR values from 

Carter 6; and 0.71 g O3/g VOC for diethyl 

carbonate, CAS 105–58–8, based on MIR 

values derived by Venecek.7

One of the compounds being added, 

dipropylene glycol monomethyl ether, 

CAS 34590–94–8, is a mixture of 

isomers. The compound, 2-[2- 

methoxypropoxy]-1-propanol, CAS 

13588–28–8, which is an isomer of 

dipropylene glycol monomethyl ether, 

is already on Table 2A. Both 

compounds are assigned the same RF. 

In addition to adding the identified 

compounds, the Agency is proposing to 

update all of the existing reactivity 

factors listed in Table 2A, 2B, and 2C to 

align with the MIR values in the current 

California regulation.8 This change is 

necessary to maintain the internal 

consistency of the relative reactivity 

scale and consistency with the changes 

proposed for the limits in Table 1. 

For a complete list of proposed 

changes to Table 2, see Proposed 

Regulation Edits for 40 CFR part 59, 

subpart E in the docket for this action, 

EPA Docket ID No. EPA–HQ–OAR– 

2006–0971. 

C. The Default Reactivity Factor 

The ACA petition requested the EPA 

revise the default RF for compounds in 

aerosol coatings formulations that do 

not have an established RF listed in 

Table 2A to subpart E of part 59— 

Reactivity Factors. Consistent with the 

EPA’s methodology for setting the 

default RF, if a VOC does not have an 

RF, then the EPA assigns the compound 

the maximum RF for any compound 

listed in the rule. See 72 FR 38952 (July 

16, 2007). Therefore, the EPA is 

proposing to revise the default RF to 

18.50 g O3/g VOC, the highest RF in this 

proposed rule. Furthermore, the EPA is 

proposing to require that regulated 

entities include the name and CAS 

number of all VOCs that are assigned 

the default RF, as specified in reporting 

requirements. 

The EPA also is proposing that, if a 

VOC is used in a product and is not 

listed in Table 2A, but its isomer is 

listed in Table 2A, then the RF of the 

isomer will be used. If more than one 

Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 51855 

9 Improving Our Regulations: Final Plan for 

Periodic Retrospective Reviews, August 2011. 

Available at:, https://www.regulations.gov/ 

search?filter=EPA-HQ-OA-2011-0156-0154. 

10E-Reporting Policy Statement for the EPA 

Regulations, September 2013. Available at: https:// 

www.epa.gov/sites/production/files/2016-03/ 

documents/epa-ereporting-policy-statement-2013- 

09-30.pdf. 

11 Digital Government: Building a 21st Century 

Platform to Better Serve the American People, May 

2012. Available at: https://www.regulations.gov/ 

document/EPA-HQ-OAR-2010-0682-0755 or https:// 

obamawhitehouse.archives.gov/sites/default/files/ 

omb/egov/digital-government/digitalgovernment.html. 

isomer of that VOC, or mixtures of the 

isomers of that VOC, is listed in Table 

2A, then the highest RF associated with 

the listed isomers or isomer mixtures 

will be used. 

D. VOC Regulated Under This Rule 

In conjunction with promulgating the 

initial aerosol coatings regulations, the 

EPA amended the regulatory definition 

of VOC by adding 40 CFR 51.100(s)(7), 

which removes the exemption of 

specific organic compounds identified 

in paragraphs (s)(1) and (s)(5) from the 

definition of VOC for purposes of 

compliance with the aerosol coatings 

emission limits. To eliminate 

consideration of VOC that make de 

minimis contributions to a product’s 

reactivity, the EPA also excluded from 

the applicable limits, those compounds 

(a) that contribute less than 0.1 percent 

of the product weight (regardless of 

their RF), and (b) that have reactivities 

less than ethane and comprise less than 

7.3 percent of product weight. The EPA 

explained the basis for the derivation of 

the 7.3 percent threshold in the original 

rulemaking and its relationship to the 

RF for ethane and the default RF (73 FR 

15604). 

In this action, the EPA is proposing to 

retain part (a), where compounds that 

comprise less than 0.1 percent of the 

product weight are excluded from the 

product’s mass-weighted reactivity. The 

EPA is proposing to eliminate part (b), 

the exclusion of low reactivity 

compounds that comprise more than 0.1 

percent but less than 7.3 percent of the 

product weight. Eliminating this 

exclusion should have little impact on 

the ability of product formulations to 

comply with product-weighted 

reactivity limits, as the affected 

compounds have low RFs and 

contribute a small percentage of product 

weight. These two proposed actions, in 

combination, will make the EPA’s 

national regulation consistent with the 

CARB aerosol coatings regulation. 

When considering the elimination of 

VOC that make de minimis 

contributions to a product’s reactivity, 

the Agency is soliciting comment on the 

proposal to retain part (a) above, where 

compounds that comprise less than 0.1 

percent of the product weight are 

excluded from the product’s massweighted reactivity, and eliminate part 

(b), the exclusion of low reactivity 

compounds that comprise more than 0.1 

percent but less than 7.3 percent of the 

product weight. 

E. Electronic Reporting of Notifications 

and Reports 

The EPA is proposing to revise the 

existing aerosol coatings rule to require 

that regulated entities submit electronic 

copies of required notifications and 

reports in template format through the 

EPA’s Central Data Exchange (CDX) 

using the Compliance and Emissions 

Data Reporting Interface (CEDRI), 

instead of the current hard copy 

submission requirement. A description 

of the electronic data submission 

process is provided in the memorandum 

Electronic Reporting Requirements for 

New Source Performance Standards 

(NSPS) and National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) Rules, available in the docket 

for this action. For the nine notification 

and reports, (Temporary Variances, 

Initial Notification, Change to 

Information in Initial Notification, 

Response to Written Notification, 

Exemption Claim Initial Notification, 

Exemption Claim Annual Report, Notice 

of Certifying Entity to Maintain Records, 

Notice Rescinding Certification and 

Triennial Report), the proposed rule 

requires that regulated entities use the 

appropriate spreadsheet template to 

submit information to CEDRI. A draft 

version of the proposed spreadsheet 

template for these notifications and 

reports is included in the docket. The 

EPA specifically requests comment on 

the content, layout, and overall design 

of the spreadsheet template, which can 

be found in the docket, EPA Docket ID 

No. EPA–HQ–OAR–2006–0971 and 

posted online at https://www.epa.gov/ 

stationary-sources-air-pollution/aerosolcoatings-national-volatile-organiccompound-emission. 

Additionally, the EPA has identified 

two broad circumstances in which it 

may provide extensions of the electronic 

reporting deadlines. These 

circumstances are (1) outages of the 

EPA’s CDX or CEDRI which preclude a 

regulated entity from accessing the 

system and submitting required reports, 

and (2) force majeure events, which are 

defined as events that will be or have 

been caused by circumstances beyond 

the control of the regulated entity from 

complying with the requirement to 

submit a report electronically by the 

applicable deadline. Examples of force 

majeure events are acts of nature, acts 

of war or terrorism, or equipment failure 

or safety hazards beyond the control of 

the regulated entity. The EPA is 

providing these potential extensions to 

protect regulated entities from 

noncompliance in cases where they 

cannot successfully submit a report by 

the reporting deadline for reasons 

outside of their control. In both 

circumstances, the decision to accept 

the claim of needing additional time to 

report is within the discretion of the 

Administrator, and reporting should 

occur as soon as possible. 

The electronic submittal of the reports 

addressed in this proposed rulemaking 

will increase the usefulness of the data 

contained in those reports, is in keeping 

with current trends in data availability 

and transparency, will further assist in 

the protection of public health and the 

environment, will improve compliance 

by facilitating the ability of regulated 

entities to demonstrate compliance with 

requirements and by facilitating the 

ability of delegated state, local, tribal, 

and territorial air agencies and the EPA 

to assess and determine compliance, 

and will ultimately reduce burden on 

regulated entities, delegated air 

agencies, and the EPA. Electronic 

reporting also eliminates paper-based, 

manual processes, thereby saving time 

and resources, simplifying data entry, 

eliminating redundancies, minimizing 

data reporting errors, and providing data 

quickly and accurately to the affected 

facilities, air agencies, the EPA, and the 

public. Moreover, electronic reporting is 

consistent with the EPA’s plan 9 to 

implement Executive Order 13563 and 

is in keeping with the EPA’s agencywide policy 10 developed in response to 

the White House’s Digital Government 

Strategy.11 For more information on the 

benefits of electronic reporting, see the 

memorandum titled, Electronic 

Reporting Requirements for New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

Rules, referenced earlier in this section. 

F. Test Methods 

Although the EPA is proposing no 

new technical standards in this action, 

the Agency is soliciting comment on 

whether to amend this rule to require 

the use of the updated versions of the 

two existing test methods currently 

identified in the rule: CARB Method 

310, ‘‘Determination of Volatile Organic 

Compounds (VOC) in Consumer 

Products and Reactive Organic 

Compounds in Aerosol Coating 

Products,’’ updated May 25, 2018; and 

ASTM D523–89 (1999), ‘‘Standard Test 

51856 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 

Method for Specular Gloss,’’ currently 

named ASTM Method D523–14 (2018), 

updated May 1, 2018. 

IV. Summary of Impacts 

This section presents a summary of 

the impacts expected as a result of this 

proposed rule. 

A. Environmental Impacts 

There are no anticipated 

environmental impacts from compliance 

with this proposed rule. The proposed 

revisions are minor and not expected to 

result in net changes to an aerosol 

coating product’s potential to form 

ozone because the overall average 

changes to the values used to measure 

reactivity, i.e., category emission limits 

and reactivity factors, are small 

compared to the values in the original 

rule. The proposed action is, however, 

expected to improve upon the original 

rule by ensuring updates are made (e.g., 

adds new compounds, updates 

reactivity factors, and adds electronic 

reporting) that promote consistency and 

uniformity between state and national 

regulations. As such, this proposed 

action would maintain the level of 

environmental protection to populations 

in affected ozone nonattainment areas 

without having any disproportionately 

high and adverse human health or 

environmental effects on any 

populations, including any minority or 

low-income populations. 

B. Energy Impacts 

There are no adverse energy impacts 

anticipated from compliance with this 

proposed rule. 

C. Cost and Economic Impacts 

There are no adverse economic 

impacts anticipated from compliance 

with this proposed rule. This action 

primarily updates reactivity tables and 

factors and adds electronic reporting 

provisions. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ and was, therefore, 

not submitted to OMB for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2060–0617. There is no increase in 

burden associated with this action 

because the rule primarily adds 

compounds and reactivity factors, 

updates category limits and reactivity 

factors, and adds electronic reporting 

provisions. The burden associated with 

the proposed change from paper to 

electronic reporting would not change 

as a result of this action, at least in the 

short term, because regulated entities 

will need time to become familiar with 

the new reporting scheme and template. 

In the long term, the Agency anticipates 

that electronic reporting, which is more 

efficient than paper reporting, would 

reduce the burden as regulated entities 

become more familiar with the 

electronic reporting process. The EPA 

expects the decrease in burden 

estimates resulting from electronic 

reporting would be reflected in future 

updates to the ICR for this rule. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This rule 

will not impose any requirements on 

small entities. The EPA has determined 

that small businesses will not incur any 

adverse impacts because the Agency is 

taking this action to amend the aerosol 

coatings rule primarily by updating 

coating categories in Table 1 and adding 

compounds to Table 2 of the rule and 

adding an electronic reporting 

provision. These amendments do not 

create any new requirements or 

burdens, and no costs are associated 

with these amendments. The Agency 

has, therefore, concluded that this 

proposed rule will not pose any 

additional regulatory burden for all 

affected small entities. 

The EPA continues to be interested in 

the potential impacts of the proposed 

rule on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. The 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175 Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. The proposed regulatory 

action does not have a substantial direct 

effect on one or more Indian tribes, in 

that this action imposes no regulatory 

burdens on tribes. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern increase in 

an adverse or environmental health risk 

or safety risk that disproportionately 

affects children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

The rule involves technical standards; 

however, no new technical standards 

are being proposed in this action. 

Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 51857 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

Executive Order 12898 (59 FR 7629 

(February 16, 1994)) establishes federal 

executive policy on environmental 

justice. 

As stated in section VI of the 

preamble of this action, there are no 

anticipated adverse environmental 

impacts and no adverse economic 

impacts anticipated from compliance 

with this rule. As stated in section I of 

this action, section 183(e) of the CAA 

requires the control of VOC emissions 

from certain categories of consumer and 

commercial products for purposes of 

reducing VOC emissions contributing to 

ozone formation and nonattainment of 

the ozone NAAQS. The health and 

environmental risks associated with 

ozone were considered in the 

establishment of the ozone NAAQS. The 

level is designed to be protective of the 

public with an adequate margin of 

safety. Accordingly, these actions would 

help increase the level of environmental 

protection to populations in affected 

ozone nonattainment areas without 

having any disproportionately high and 

adverse human health or environmental 

effects on any populations, including 

any minority or low-income 

populations. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2021–19896 Filed 9–16–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket Nos. 21–190 and 20–105; 

Report No. 3182; FR ID 46762] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for reconsideration. 

SUMMARY: Petitions for Reconsideration 

(Petitions) have been filed in the 

Commission’s rulemaking proceeding 

by Ms. Elisabeth Neasmith, on behalf of 

Telesat Canada, David Goldman, on 

behalf of Space Exploration Holdings, 

LLC, Nickolas G. Spina, on behalf of 

Kepler Communications Inc., and by 

Eric Graham, on behalf of WorldVu 

Satellites Limited (d/b/a OneWeb) 

(NGSO Satellite Coalition). 

DATES: Oppositions to the Petitions 

must be filed on or before October 4, 

2021. Replies to oppositions must be 

filed on or before October 12, 2021. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Regina Brown, Attorney-Advisor, 

Financial Operations, Office of the 

Managing Director, (202) 418–0792 or 

via email at regina.brown@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Report No. 3182, released 

September 1, 2021. The full text of the 

Petitions can be accessed online via the 

Commission’s Electronic Comment 

Filing System at: https://apps.fcc.gov/ 

ecfs/. The Commission will not send a 

Congressional Review Act (CRA) 

submission to Congress or the 

Government Accountability Office 

pursuant to the CRA, 5 U.S.C. 

801(a)(1)(A), because no rules are being 

adopted by the Commission. 

Subject: In the Matter of Assessment 

and Collection of Regulatory Fees for 

Fiscal Year 2021, MD Docket No. 21– 

190; Assessment and Collection of 

Regulatory Fees for Fiscal Year 2020, 

MD Docket No. 20–105, Report and 

Order and Notice of Proposed 

Rulemaking, 86 FR 26677, May 17, 

2021. This document is being published 

pursuant to 47 CFR 1.429(e). See also 47 

CFR 1.4(b)(1) and 1.429(f), (g). 

Number of Petitions Filed: 2. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2021–20143 Filed 9–16–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2021–0106; 

FF09E21000 FXES11110900000212] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding for Two 

Petitions To List the Gray Wolf in the 

Western United States 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notification of petition findings 

and initiation of status reviews. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding on a petition to add the 

gray wolf (Canis lupus) in the Northern 

Rocky Mountains and a petition to add 

the gray wolf in western North America 

to the List of Endangered and 

Threatened Wildlife under the 

Endangered Species Act of 1973, as 

amended (Act). Based on our review, we 

find that the petitions present 

substantial scientific or commercial 

information indicating that the 

petitioned actions may be warranted. 

Therefore, with the publication of this 

document, we announce that we plan to 

initiate a status review to determine 

whether the petitioned actions are 

warranted. To ensure that the status 

review is comprehensive, we are 

requesting scientific and commercial 

data and other information regarding the 

species and factors that may affect its 

status. Based on the status review, we 

will issue a 12-month petition finding, 

which will address whether or not the 

petitioned actions are warranted, in 

accordance with the Act. 

DATES: The findings announced in this 

document were made on September 17, 

2021. As we commence our status 

review, we seek any new information 

concerning the status of, or threats to, 

the gray wolf, or its habitats in the 

Northern Rocky Mountains and/or 

Western United States. Any information 

we receive during the course of our 

status review will be considered. 

ADDRESSES: 

Supporting documents: A summary of 

the basis for the petition findings 

contained in this document is available 

on http://www.regulations.gov in Docket 

No. FWS–HQ–ES–2021–0106. In 

addition, this supporting information is 

available by contacting the person 

specified in FOR FURTHER INFORMATION

CONTACT. 

Status reviews: If you have new 

scientific or commercial data or other 

information concerning the status of, or 

threats to, the gray wolf or its habitats 

in the Northern Rocky Mountains and/ 

or Western United States, please 

provide those data or information by 

one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter the docket number presented 

above in the document headings. For 

best results, do not copy this number 

from this document but instead type it 

into the Search box using hyphens. 

Then, click on the ‘‘Search’’ button. 

After finding the correct document, you 

may submit information by clicking on 

‘‘Comment.’’ If your information will fit