Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 29595 

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, NDB– 

A, 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: 

29596 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 

Entities Potentially Affected by this 

Action. The entities potentially affected 

by this regulation encompass all steps in 

aerosol coatings operations. This 

includes manufacturers, processors, 

wholesale distributors and retailers who 

fall within the regulatory definition of 

‘‘distributor,’’ importers of aerosol 

coatings for sale or distribution in the 

United States, and manufacturers, 

processors, wholesale distributors, and 

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 action 

include: 

Category NAICS 

code a 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 

Manufacturing.

325998 Aerosol can filling, aerosol packaging services. 

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–HQ– 

OAR–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.gov/ 

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 

I. 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 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 29597 

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 § 59.511(j) that allows 

regulated entities to petition EPA to add 

compounds to Tables 2A, 2B, and 2C— 

Reactivity 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 Subpart 

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 

29598 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 

1Carter, 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. 

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

Incremental Reactivity Scale for Regulatory 

Applications, prepared for California Air Resources 

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

provisions consistent and avoid any 

confusion as to whether distributors 

may be a certifying entity. 

EPA is amending § 59.510(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.1 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 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 29599 

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 

§ 59.511(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 

29600 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 

3Under 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 

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

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 29601 

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 

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. 

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 

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 days 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 

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 

29602 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 

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. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 29603 

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] 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.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 7511b(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. * * * 

* * * * * 

■ 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 

29604 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 

assume responsibility for maintaining 

all records required by this section. 

■ 6. Section 59.511 is amended as 

follows: 

■ a. By revising the first sentence in 

paragraph (b) introductory text. 

■ b. By revising the first sentence of 

paragraph (e) introductory text. 

■ c. By revising paragraph (g) 

introductory text. 

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

(g)(4). 

■ 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 amended by 

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 CAS No. Reactivity 

factor 

Formaldehyde ............................................................................................................................................................ 50–00–0 8.97 

Glycerol (1,2,3-Propanetriol) ...................................................................................................................................... 56–81–5 3.27 

Propylene Glycol ........................................................................................................................................................ 57–55–6 2.75 

Ethanol ....................................................................................................................................................................... 64–17–5 1.69 

Formic Acid ................................................................................................................................................................ 64–18–6 0.08 

Acetic Acid ................................................................................................................................................................. 64–19–7 0.71 

Methanol .................................................................................................................................................................... 67–56–1 0.71 

Isopropyl Alcohol (2-Propanol) .................................................................................................................................. 67–63–0 0.71 

Acetone (Propanone) ................................................................................................................................................. 67–64–1 0.43 

n-Propanol (n-Propyl Alcohol) ................................................................................................................................... 71–23–8 2.74 

n-Butyl Alcohol (Butanol) ........................................................................................................................................... 71–36–3 3.34 

n-Pentanol (Amyl Alcohol) ......................................................................................................................................... 71–41–0 3.35 

Benzene ..................................................................................................................................................................... 71–43–2 0.81 

1,1,1-Trichloroethane ................................................................................................................................................. 71–55–6 0.00 

Propane ..................................................................................................................................................................... 74–98–6 0.56 

Vinyl Chloride ............................................................................................................................................................. 75–01–4 2.92 

Acetaldehyde ............................................................................................................................................................. 75–07–0 6.84 

Methylene Chloride (Dichloromethane) ..................................................................................................................... 75–09–2 0.07 

Ethylene Oxide .......................................................................................................................................................... 75–21–8 0.05 

Isobutane ................................................................................................................................................................... 75–28–5 1.35 

HFC-152A (1,1-Difluoroethane) ................................................................................................................................. 75–37–6 0.00 

Propylene Oxide ........................................................................................................................................................ 75–56–9 0.32 

t-Butyl Alcohol ............................................................................................................................................................ 75–65–0 0.45 

Methyl t-Butyl Ketone ................................................................................................................................................ 75–97–8 0.78 

Isophorone (3,5,5-Trimethyl-2-Cyclohexenone) ........................................................................................................ 78–59–1 10.58 

Isopentane ................................................................................................................................................................. 78–78–4 1.68 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 29605 

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

Compound CAS No. Reactivity 

factor 

Isobutanol .................................................................................................................................................................. 78–83–1 2.24 

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

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

Monoisopropanol Amine (1-Amino-2-Propanol) ........................................................................................................ 78–96–6 13.42 

Trichloroethylene ....................................................................................................................................................... 79–01–6 0.60 

Propionic Acid ............................................................................................................................................................ 79–09–4 1.16 

Acrylic Acid ................................................................................................................................................................ 79–10–7 11.66 

Methyl Acetate ........................................................................................................................................................... 79–20–9 0.07 

Nitroethane ................................................................................................................................................................ 79–24–3 12.79 

Methacrylic Acid ......................................................................................................................................................... 79–41–4 18.78 

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

Methyl Methacrylate ................................................................................................................................................... 80–62–6 15.84 

Naphthalene ............................................................................................................................................................... 91–20–3 3.26 

Xylene, ortho- ............................................................................................................................................................ 95–47–6 7.49 

o-Cresol ..................................................................................................................................................................... 95–48–7 2.34 

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

3-Pentanone .............................................................................................................................................................. 96–22–0 1.45 

Methyl Ethyl Ketoxime (Ethyl Methyl Ketone Oxime) ............................................................................................... 96–29–7 22.04 

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

Ethyl Lactate .............................................................................................................................................................. 97–64–3 2.71 

Isobutyl Isobutyrate .................................................................................................................................................... 97–85–8 0.61 

Isobutyl Methacrylate ................................................................................................................................................. 97–86–9 8.99 

Butyl Methacrylate ..................................................................................................................................................... 97–88–1 9.09 

PCBTF (p-Trifluoromethyl-Cl-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 

Styrene ....................................................................................................................................................................... 100–42–5 1.95 

Benzaldehyde ............................................................................................................................................................ 100–52–7 0.00 

Triethanolamine ......................................................................................................................................................... 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-1-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 

Xylene, para- ............................................................................................................................................................. 106–42–3 4.25 

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 

Butane ........................................................................................................................................................................ 106–97–8 1.33 

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-Dimethylethanolamine ......................................................................................................................................... 108–01–0 4.76 

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

Vinyl Acetate .............................................................................................................................................................. 108–05–4 3.26 

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 

Toluene ...................................................................................................................................................................... 108–88–3 3.97 

Monochlorobenzene .................................................................................................................................................. 108–90–7 0.36 

Cyclohexanol ............................................................................................................................................................. 108–93–0 2.25 

Cyclohexanone .......................................................................................................................................................... 108–94–1 1.61 

n-Butyl Butyrate ......................................................................................................................................................... 109–21–7 1.12 

Propyl Acetate ........................................................................................................................................................... 109–60–4 0.87 

Pentane ...................................................................................................................................................................... 109–66–0 1.54 

Ethylene Glycol Monomethyl 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 

29606 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 

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

Compound CAS No. Reactivity 

factor 

Hexane ....................................................................................................................................................................... 110–54–3 1.45 

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 

Diethylenetriamine ..................................................................................................................................................... 111–40–0 13.03 

Diethanolamine .......................................................................................................................................................... 111–42–2 4.05 

Diethylene Glycol ....................................................................................................................................................... 111–46–6 3.55 

n-Octane .................................................................................................................................................................... 111–65–9 1.11 

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-Nonane ................................................................................................................................................................... 111–84–2 0.95 

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 

Triethylamine ............................................................................................................................................................. 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 

Butanal ....................................................................................................................................................................... 123–72–8 6.74 

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

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

2-Amino-2-Methyl-1-Propanol .................................................................................................................................... 124–68–5 15.08 

Perchloroethylene ...................................................................................................................................................... 127–18–4 0.04 

Ethanolamine ............................................................................................................................................................. 141–43–5 5.97 

Ethyl acetate .............................................................................................................................................................. 141–78–6 0.64 

Heptane ..................................................................................................................................................................... 142–82–5 1.28 

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, mixed isomers) .............................................................................................. 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 Orange Terpene) ............................................................................................................ 5989–27–5 3.99 

Dipropylene Glycol Methyl Ether Isomer (2-[2Methoxypropoxy]-1-Propanol) ........................................................... 13588–28–8 3.02 

C9 Styrenes (Vinyl Toluene, mixed 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-1-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-1-Propyl Acetate ...................................................................................................................................... 70657–70–4 1.12 

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

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Rules and Regulations 29607 

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

Compound CAS No. Reactivity 

factor 

2-tert-Butoxy-1-Propanol ............................................................................................................................................ 94023–15–1 1.81 

Oxo-Octyl Acetate ...................................................................................................................................................... 108419–32–5 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