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View ICR - OIRA Conclusion
OMB Control No:
2060-0617
ICR Reference No:
202502-2060-044
Status:
Historical Inactive
Previous ICR Reference No:
202109-2060-008
Agency/Subagency:
EPA/OAR
Agency Tracking No:
2289.06
Title:
National Volatile Organic Compound (VOC) Emission Standards for Aerosol Coatings (40 CFR part 59, subpart E) (Proposed Rule)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Improperly submitted and continue
Conclusion Date:
03/17/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/28/2025
Terms of Clearance:
Previous terms of clearance remain in effect. Please ensure that FR cites are correct when submitting the ICR package.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2025
36 Months From Approved
03/31/2025
Responses
169
0
169
Time Burden (Hours)
13,598
0
13,598
Cost Burden (Dollars)
0
0
0
Abstract:
The National Volatile Organic Compound Emission Standards for Aerosol Coatings (40 CFR Part 59, Subpart E) were proposed on July 16, 2007; promulgated on March 24, 2008; and amended on: November 7, 2008; December 24, 2008; June 23, 2009; and March 9, 2012. These regulations apply to both existing and new manufacturers or importers of an aerosol coating product and a distributor of an aerosol coating product if it is either named on the label or if it specifies the formulation of the product. This information is being collected to assure compliance with 40 CFR Part 59, Subpart E. This ICR includes the burden for the current rule and the incremental burden associated with final revisions to the rule which were previously proposed on September 17, 2021. The current rule requires regulated entities to submit an Initial Notification to the U.S. Environmental Protection Agency (EPA) at least 90 days before the compliance date. The initial notification requests basic information about regulated entities, including contact information of the certifying official. Other required information includes: (1) a product date code system used to label products and the category code system, if the facility is not using the default category codes included in Table 1 of the rule; and (2) a revised notification if there is a change in the information in the Initial Notification, with the exception of changes to product formulations. The regulated entity is not required to submit a revised notification if the volatile organic compounds (VOC) formulations submitted in its Initial Notification change; also: (3) a revised notification if the manufacturer, for example, adds a new coating category, changes the product date code system or batch definition, or begins to use a VOC that is not listed in the rule; and (4) maintain compliance calculations for each of its aerosol coatings formulations, records of the date(s) the batch was manufactured, the volume of the batch, and the VOC formula for the formulation. Records of these calculations must be maintained for 5 years after the product is manufactured, processed, distributed for wholesale, or imported for sale or distribution in interstate commerce in the United States, and the regulated entity must supply this information to the EPA within 60 days of a written request. Each regulated entity is required to submit a triennial report. The triennial report provides updated VOC formulation data and, for each VOC formulation, the total mass of each individual VOC or mixture used as ingredients in the aerosol coatings manufactured, imported, or distributed that year. This information must be provided only for the second year of the triennial reporting cycle, depending upon the date the regulated entity became subject to the rule. Subsequent reports are required at 3-year intervals. In this rule, the EPA is updating coating category product-weighted reactivity (PWR) limits, adding new compounds and reactivity factors, updating existing reactivity factors, revising the rule’s default reactivity factor, amending thresholds for VOC regulated by the rule, amending reporting requirements to add electronic reporting, updating test methods to reflect more recent versions, adding a new compliance date, and making clarifying edits. New and existing regulated entities will have to submit an initial notification report. Regulated entities will also be required to submit notifications of changes in the products, or company information, and to maintain records. In addition, regulated entities will be required to submit triennial reports of formulation data and VOC usage. All reports are to be submitted through CEDRI to the U.S. Environmental Protection Agency Regional Office for the address listed on the aerosol coating product.
Authorizing Statute(s):
US Code:
42 USC 7401 et seq
Name of Law: Clean Air Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2060-AU94
Proposed rulemaking
86 FR 51861
09/17/2021
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
National VOC Emission Standards for Aerosol Coatings (40 CFR part 59, subpart E)
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The increase in burden results from updating coating category product-weighted reactivity (PWR) limits, adding new compounds and reactivity factors, updating existing reactivity factors, revising the rule’s default reactivity factor, amending thresholds for VOC regulated by the rule, amending reporting requirements to add electronic reporting, updating test methods to reflect more recent versions, adding a new compliance date, and making clarifying edits.
Annual Cost to Federal Government:
$71,900
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Muntasir Ali 919 541-0833
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
02/28/2025
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