[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Proposed Rules]
[Pages 11119-11122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03063]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2012-0393; FRL-9779-4]
RIN 2060-AQ38


Air Quality: Revision to Definition of Volatile Organic 
Compounds--Exclusion of trans 1-chloro-3,3,3-trifluoroprop-1-ene 
[Solstice\TM\ 1233zd(E)]

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to revise the definition of volatile 
organic compounds (VOCs) for purposes of preparing state implementation 
plans (SIPs) to attain the national ambient air quality standards for 
ozone under title I of the Clean Air Act (CAA). This proposed revision 
would add trans 1-chloro-3,3,3-trifluoroprop-1-ene (also known as 
SolsticeTM 1233zd(E)) to the list of compounds excluded from 
the definition of VOCs on the basis that this compound makes a 
negligible contribution to tropospheric ozone formation. In the ``Rules 
and Regulations'' section of this Federal Register, we are making these 
same amendments as a direct final rule without a prior proposed rule. 
If we receive no adverse comment, we will not take further action on 
this proposed rule.

DATES: Comments must be received on or before April 1, 2013.
    Public Hearing: If anyone contacts the EPA requesting to present 
oral testimony at a public hearing concerning the proposed regulation 
by February 25, 2013, we will hold a public hearing on March 4, 2013. 
If a public hearing is held, it will be held at 10 a.m. at Building C 
on the EPA campus in Research Triangle Park, NC, or at an alternate 
site nearby. Please refer to SUPPLEMENTARY INFORMATION for additional 
information on the comment period and the public hearing.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2012-0393, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for 
submitting comments.
     Email: a-and-r-Docket@epamail.epa.gov, Attention Docket ID 
No. EPA-HQ-OAR-2012-0393.
     Fax: 202-566-1541, Attention Docket ID No. EPA-HQ-OAR-
2012-0393.
     Mail: Docket ID No. EPA-HQ-OAR-2012-0393, Environmental 
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460.
     Hand Delivery: EPA Docket Center, U.S. Environmental 
Protection Agency, 1301 Constitution Avenue NW., Room: 3334, Mail Code: 
6102T, Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2012-
0393. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2012-0393. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any

[[Page 11120]]

personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov, or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption and be free 
of any defects or viruses. For additional information about the EPA's 
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Docket ID No. EPA-HQ-OAR-
2012-0393, 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 Air and Radiation is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, Mail Code C539-01, 
Research Triangle Park, NC 27711; telephone: (919) 541-3356; fax 
number: 919-541-0824; email address: sanders.dave@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Why is the EPA using a direct final rule?

    This proposed action would revise the EPA's definition of VOCs for 
purposes of preparing SIPs to attain the NAAQS for ozone under title I 
of the CAA, by adding trans 1-chloro-3,3,3-trifluoroprop-1-ene (also 
known as SolsticeTM 1233zd(E)) to the list of compounds 
excluded from the definition of VOCs on the basis that this compound 
makes a negligible contribution to tropospheric ozone formation.\1\ We 
are publishing a direct final rule in the ``Rules and Regulations'' 
section of this Federal Register because we view this as a 
noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule. The regulatory text for the proposal is identical to that 
for the direct final rule published in the ``Rules and Regulations'' 
section of this Federal Register. For further supplementary 
information, the detailed rationale for the proposal and the regulatory 
revisions, see the direct final rule published in a separate part of 
this Federal Register.
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    \1\ Trans 1-chloro-3,3,3-trifluoroprop-1-ene will also be 
marketed by Honeywell under the trade names SolsticeTM 
N12 Refrigerant, SolsticeTM Liquid Blowing Agent, 
SolsticeTM LBA, and SolsticeTM Performance 
Fluid.
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    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule, and it will not take effect. We would address 
all public comments in any subsequent final rule base on this proposed 
rule. We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this proposal will also be available on the World Wide Web. Following 
signature by the EPA Administrator, a copy of this action will be 
posted on the EPA's Web site www.epa.gov/ttn/oarpg/new.html.

C. What should I consider as I prepare my comments for the EPA?

    Submitting CBI: Do not submit this information to the EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address: Roberto Morales, OAQPS 
Document Control Officer (C404-02), U.S. EPA, Research Triangle Park, 
NC 27711, Attention Docket ID No. EPA-HQ-OAR-2012-0393.

D. How can I find information about a possible public hearing?

    Public Hearing: If anyone contacts the EPA requesting to present 
oral testimony at a public hearing concerning the proposed regulation 
by February 25, 2013, we will hold a public hearing on March 4, 2013. 
If a public hearing is held, it will be held at 10 a.m. at Building C 
on the EPA campus in Research Triangle Park, NC, or at an alternate 
site nearby. Persons interested in presenting oral testimony must 
contact Pamela Long, Office of Air Quality Planning and Standards, Air 
Quality Policy Division, Mail Code C504-01, Research Triangle Park, NC 
27711; telephone: (919) 541-0641; fax number: 919-541-5509; email 
address: long.pam@epa.gov, no later than February 25, 2013. Persons 
interested in attending the public hearing if one is held must also 
call Ms. Long to verify the time, date and location of the hearing. If 
no one contacts Ms. Long by February 25, 2013 with a request to present 
oral testimony at the hearing, we will cancel the hearing.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993), and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

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B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). It does not contain any 
recordkeeping or reporting requirement.

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 
proposed 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 notice on small 
entities, small entity is defined as: (1) A small business that is a 
small industrial entity as defined in the U.S. Small Business 
Administration (SBA) size standards. (See 13 CFR 121.); (2) A 
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 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 today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule. This proposed rule 
would remove SolsticeTM 1233zd(E) from the definition of 
VOCs and thereby relieves users of the compound from requirements to 
control emissions of the compound. We have therefore concluded that 
today's proposed rule will relieve regulatory burden for all affected 
small entities.

D. Unfunded Mandates Reform Act

    This action contains no federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local or tribal governments or the private sector. 
The action imposes no enforceable duty on any state, local or tribal 
governments or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 and 205 of the UMRA.
    This action 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. This proposed rule 
would remove SolsticeTM 1233zd(E) from the definition of 
VOCs and thereby relieves users of the compound from requirements to 
control emissions of the compound.

E. Executive Order 13132--Federalism

    This action 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 Executive Order 13132. This proposed rule would remove 
SolsticeTM 1233zd(E) from the definition of VOCs and thereby 
relieves users from requirements to control emissions of the compound. 
Thus, Executive Order 13132 does not apply to this rule. In the spirit 
of Executive Order 13132, and consistent with EPA policy to promote 
communications between EPA and state and local governments, EPA 
specifically solicits comment on this proposed action 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 
Executive Order 13175 (65 FR 67249, November 9, 2000). It would not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the federal 
government and Indian Tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule. The EPA 
specifically solicits additional comment on this proposed action from 
tribal officials

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to EO 13045 (62 FR 19885, April 23, 
1997) because it is not economically significant as defined in EO 
12866. This action's health and risk assessments are contained in the 
direct final rule publishing in the ``Rules and Regulations'' section 
of this Federal Register and within the docket for this rulemaking. 
While this proposed rule is not subject to the Executive Order, the EPA 
has reason to believe that ozone has a disproportionate effect on 
active children who play outdoors (62 FR 38856; 38859, July 18, 1997). 
The EPA has not identified any specific studies on whether or to what 
extent SolsticeTM 1233zd(E) may affect children's health.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d), (15 U.S.C. 
272 note) directs the 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. The NTTAA directs the 
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, the EPA has not considered the use of any voluntary 
consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (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,

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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.
    The EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment.

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Ozone, Reporting and recordkeeping requirements, 
Volatile organic compounds.

    Dated: February 4, 2013.
Lisa P. Jackson,
Administrator.
[FR Doc. 2013-03063 Filed 2-14-13; 8:45 am]
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