WORLD TRADE G/TBT/N/USA/284 19 July 2007 ORGANIZATION (07-3055) Committee on Technical Barriers to Trade Original: English NOTIFICATION The following notification is being circulated in accordance with Article 10.6. 1. Member to Agreement notifying: UNITED STATES If applicable, name of local government involved (Articles 3.2 and 7.2): 2. Agency responsible: Environmental Protection Agency (EPA) (294) Name and address (including telephone and fax numbers, e-mail and web-site addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above: 3. Notified under Article 2.9.2 [ X ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other: 4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Aerosol spray coatings (HS: 29; ICS: 87.040, 87.060, 71.100, 71.080, 13.020) 5. Title, number of pages and language(s) of the notified document: National Volatile Organic Compound Emission Standards for Aerosol Coatings; Proposed Rule (41 pages, in English) 6. Description of content: Proposes a national reactivity-based volatile organic compound (VOC) emissions regulation for the aerosol coatings (aerosol spray paints) category under section 183(e) of the Clean Air Act (CAA). The proposed standards implement section 183(e) of the CAA, as amended in 1990, which requires the Administrator to control VOC emissions from certain categories of consumer and commercial products for purposes of minimizing VOC emissions contributing to ozone formation and causing non-attainment. This regulation will establish a nationwide reactivity-based standard for aerosol coatings. States have promulgated rules for the aerosol coatings category based upon reductions of VOC by mass; however, the Agency believes that a national rule based upon the relative reactivity approach may achieve more reduction in ozone formation than can be achieved by a mass-based approach for this specific product category. EPA believes that this rule will better control a product's contribution to ozone formation by encouraging the use of less reactive VOC ingredients, rather than treating all VOC in a product alike through the traditional mass-based approach. EPA is also proposing to revise EPA's regulatory definition of VOC exempt compounds for purposes of this regulation in order to account for all the reactive compounds in aerosol coatings that contribute to ozone formation. Therefore, compounds that would not be VOC under the otherwise applicable definition will count towards a product's reactivity limits under this proposed regulation. The initial listing of product categories and schedule for regulation was published on March 23, 1995 (60 FR 15264). This proposed action announces EPA's final decision to list aerosol coatings for regulation under group III of the consumer and commercial product category for which regulations are mandated under section 183 (e) of the Act. . /. G/TBT/N/USA/284 Page 2 7. Objective and rationale, including the nature of urgent problems where applicable: Protection of the environment 8. Relevant documents: : 72 Federal Register (FR) 38951 16 July 2007; Title 40 Code of Federal Regulations (CFR) Parts 51 and 59. Will appear in the Federal Register when adopted. 9. Proposed date of adoption: Proposed date of entry into force: 10. Final date for comments: 15 August 2007 11. Texts available from: National enquiry point [ X ] or address, telephone and fax numbers, e-mail and web-site addresses, if available of the other body: To be determined Internet URLs: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E713108.htm http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/ E7-13108.pdf