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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules the CDC, local area health departments, and our Federal partners so that the Agency can respond rapidly as conditions change regarding COVID19.
Submitting CBI. Do not submit information containing CBI to the EPA
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Organization of this document. The information in this preamble is organized as follows:
I. Background II. What amendments have been made to the National Volatile Organic Compound Emission Standards for Aerosol Coatings Rule?
III. Summary of Proposed Amendments to the National Volatile Organic Compound Emission Standards for Aerosol Coatings A. Table 1 to Subpart E of Part 59.
Product-Weighted Reactivity Limits by Coatings Category B. Table 2 to Subpart E of Part 59.2A
Reactivity Factors, 2B Aliphatic Hydrocarbon Solvent Mixtures, and 2C
Aromatic Hydrocarbon Solvent Mixtures C. The Default Reactivity Factor D. VOC Regulated Under This Rule E. Electronic Reporting of Notifications and Reports F. Test Methods IV. Summary of Impacts A. Environmental Impacts B. Energy Impacts C. Cost and Economic Impacts
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V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act PRA
C. Regulatory Flexibility Act RFA
D. Unfunded Mandates Reform Act UMRA
E. Executive Order 13132: Federalism F. Executive Order 13175 Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
I. Background The EPA promulgated The National Volatile Organic Compound Emission Standards for Aerosol Coatings, in 2008 73 FR 15604; March 24, 2008 and codified the action at 40 CFR part 59, subpart E sections 59.500 59.516. The rule established nationwide VOC
reactivity-based standards for the aerosol coatings source category. The statutory authority for this action is provided by section 183e of the CAA, as amended 42 U.S.C. 7401 et seq..
Section 183e of the CAA requires the EPA to control VOC emissions from certain categories of consumer and commercial products for purposes of reducing VOC emissions contributing to ozone formation and nonattainment of the ozone national ambient air quality standards NAAQS.
The EPA and states typically have promulgated rules for regulating VOCs from consumer products based upon reductions of VOC content in the products by mass. One state, California, promulgated a regulation for VOC
emissions from aerosol coatings based on a relative reactivity approach. The EPA promulgated a national rule based upon the relative reactivity approach after concluding that the approach could achieve more reduction in ozone formation than may be achieved by a mass-based approach for this source category. The reactivity-based approach requires the EPA to revise the regulatory definition of VOC to include compounds that would otherwise be exempt, to account for all reactive compounds in aerosol coatings that contribute to ozone formation.
Therefore, certain compounds that would not be VOC under the otherwise applicable definition for other purposes,
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do count towards the applicable reactivity-based limits of the aerosol coatings standards.
Regulated entities, encompassing all steps in aerosol coatings operations, include manufacturers, processors, wholesale distributors, or importers of aerosol coatings or their suppliers.
There are approximately 46 regulated entities; however, two aerosol coatings companies account for about 70 percent of the U.S. market.1
II. What amendments have been made to the National Volatile Organic Compound Emission Standards for Aerosol Coatings Rule?
The national emission standards for aerosol coatings 74 FR 29595; June 23, 2009 has been amended several times.
In accordance with section 59.511j, the EPA responded to an industry petition and added 128 compounds, corresponding reactivity factors, and Chemical Abstract Service CAS
numbers for each compound or class of compounds listed in Table 2A. In addition, the Agency changed the definition of VOC in part 51 to clarify that compounds that are excluded from the definition of VOC under both 40
CFR 51.100s1 and s5 are to be counted as VOC for the purposes of determining compliance with the aerosol coatings reactivity rule in 40
CFR part 59, subpart E. In the same action, the EPA amended section 59.511g to ensure that both the certifying entity and the regulated entity have full knowledge of responsibilities assumed by the certifying entity. In a later action, the EPA responded to a second petition from industry and added three new compounds, reactivity factors, and CAS numbers to Table 2A
of the rule. See 77 FR 14279 March 9, 2012.
III. Summary of Proposed Amendments to the National Volatile Organic Compound Emission Standards for Aerosol Coatings The EPA is proposing to amend Tables 1 and 2 to subpart E of part 59, the default reactivity factor, VOC
regulated by the rule, and requirements for submitting reports. The Agency is proposing these changes, in part, to respond to petitions from American Coatings Association ACA requesting revisions to the standards that promote consistency and uniformity, where appropriate, between California Air Resources Board CARB and national aerosol coatings regulations. For more information on the petitions submitted 1 Email Conversation, American Coatings Association, March 29, 2021.

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