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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules isomer of that VOC, or mixtures of the isomers of that VOC, is listed in Table 2A, then the highest RF associated with the listed isomers or isomer mixtures will be used.
D. VOC Regulated Under This Rule In conjunction with promulgating the initial aerosol coatings regulations, the EPA amended the regulatory definition of VOC by adding 40 CFR 51.100s7, which removes the exemption of specific organic compounds identified in paragraphs s1 and s5 from the definition of VOC for purposes of compliance with the aerosol coatings emission limits. To eliminate consideration of VOC that make de minimis contributions to a products reactivity, the EPA also excluded from the applicable limits, those compounds a that contribute less than 0.1 percent of the product weight regardless of their RF, and b that have reactivities less than ethane and comprise less than 7.3 percent of product weight. The EPA
explained the basis for the derivation of the 7.3 percent threshold in the original rulemaking and its relationship to the RF for ethane and the default RF 73 FR
15604.
In this action, the EPA is proposing to retain part a, where compounds that comprise less than 0.1 percent of the product weight are excluded from the products mass-weighted reactivity. The EPA is proposing to eliminate part b, the exclusion of low reactivity compounds that comprise more than 0.1
percent but less than 7.3 percent of the product weight. Eliminating this exclusion should have little impact on the ability of product formulations to comply with product-weighted reactivity limits, as the affected compounds have low RFs and contribute a small percentage of product weight. These two proposed actions, in combination, will make the EPAs national regulation consistent with the CARB aerosol coatings regulation.
When considering the elimination of VOC that make de minimis contributions to a products reactivity, the Agency is soliciting comment on the proposal to retain part a above, where compounds that comprise less than 0.1
percent of the product weight are excluded from the products massweighted reactivity, and eliminate part b, the exclusion of low reactivity compounds that comprise more than 0.1
percent but less than 7.3 percent of the product weight.
E. Electronic Reporting of Notifications and Reports The EPA is proposing to revise the existing aerosol coatings rule to require
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that regulated entities submit electronic copies of required notifications and reports in template format through the EPAs Central Data Exchange CDX
using the Compliance and Emissions Data Reporting Interface CEDRI, instead of the current hard copy submission requirement. A description of the electronic data submission process is provided in the memorandum Electronic Reporting Requirements for New Source Performance Standards NSPS and National Emission Standards for Hazardous Air Pollutants NESHAP Rules, available in the docket for this action. For the nine notification and reports, Temporary Variances, Initial Notification, Change to Information in Initial Notification, Response to Written Notification, Exemption Claim Initial Notification, Exemption Claim Annual Report, Notice of Certifying Entity to Maintain Records, Notice Rescinding Certification and Triennial Report, the proposed rule requires that regulated entities use the appropriate spreadsheet template to submit information to CEDRI. A draft version of the proposed spreadsheet template for these notifications and reports is included in the docket. The EPA specifically requests comment on the content, layout, and overall design of the spreadsheet template, which can be found in the docket, EPA Docket ID
No. EPAHQOAR20060971 and posted online at https www.epa.gov/
stationary-sources-air-pollution/aerosolcoatings-national-volatile-organiccompound-emission.
Additionally, the EPA has identified two broad circumstances in which it may provide extensions of the electronic reporting deadlines. These circumstances are 1 outages of the EPAs CDX or CEDRI which preclude a regulated entity from accessing the system and submitting required reports, and 2 force majeure events, which are defined as events that will be or have been caused by circumstances beyond the control of the regulated entity from complying with the requirement to submit a report electronically by the applicable deadline. Examples of force majeure events are acts of nature, acts of war or terrorism, or equipment failure or safety hazards beyond the control of the regulated entity. The EPA is providing these potential extensions to protect regulated entities from noncompliance in cases where they cannot successfully submit a report by the reporting deadline for reasons outside of their control. In both circumstances, the decision to accept the claim of needing additional time to report is within the discretion of the
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Administrator, and reporting should occur as soon as possible.
The electronic submittal of the reports addressed in this proposed rulemaking will increase the usefulness of the data contained in those reports, is in keeping with current trends in data availability and transparency, will further assist in the protection of public health and the environment, will improve compliance by facilitating the ability of regulated entities to demonstrate compliance with requirements and by facilitating the ability of delegated state, local, tribal, and territorial air agencies and the EPA
to assess and determine compliance, and will ultimately reduce burden on regulated entities, delegated air agencies, and the EPA. Electronic reporting also eliminates paper-based, manual processes, thereby saving time and resources, simplifying data entry, eliminating redundancies, minimizing data reporting errors, and providing data quickly and accurately to the affected facilities, air agencies, the EPA, and the public. Moreover, electronic reporting is consistent with the EPAs plan 9 to implement Executive Order 13563 and is in keeping with the EPAs agencywide policy 10 developed in response to the White Houses Digital Government Strategy.11 For more information on the benefits of electronic reporting, see the memorandum titled, Electronic Reporting Requirements for New Source Performance Standards NSPS and National Emission Standards for Hazardous Air Pollutants NESHAP
Rules, referenced earlier in this section.
F. Test Methods Although the EPA is proposing no new technical standards in this action, the Agency is soliciting comment on whether to amend this rule to require the use of the updated versions of the two existing test methods currently identified in the rule: CARB Method 310, Determination of Volatile Organic Compounds VOC in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products, updated May 25, 2018; and ASTM D52389 1999, Standard Test 9 Improving Our Regulations: Final Plan for Periodic Retrospective Reviews, August 2011.
Available at:, https www.regulations.gov/
search?filter=EPA-HQ-OA-2011-0156-0154.
10 E-Reporting Policy Statement for the EPA
Regulations, September 2013. Available at: https
www.epa.gov/sites/production/files/2016-03/
documents/epa-ereporting-policy-statement-201309-30.pdf.
11 Digital Government: Building a 21st Century Platform to Better Serve the American People, May 2012. Available at: https www.regulations.gov/
document/EPA-HQ-OAR-2010-0682-0755 or https
obamawhitehouse.archives.gov/sites/default/files/
omb/egov/digital-government/digitalgovernment.html.

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